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Full text of "Cobbett's complete collection of state trials and proceedings for high treason and other crimes and misdemeanors from the earliest period to the present time ... from the ninth year of the reign of King Henry, the Second, A.D. 1163, to ... [George IV, A.D. 1820]"

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,^  ...  -^'*'^!i«?f»^=S!«*? 


C.T37 


HowelFs  State  Trials. 

VOL.    XXIV. 

[BEING   VOL.   III.   OF  THE   CONTINUATION] 
S4  &  S5  GEORGE  III A.D.  1794. 


COMPLETE    COLLECTION 

<"  :     -■■•:•-    •    •••  -   - 


OF 


AND 

PROCEEDINGS    FOR    HIGH    TREASON    AND    OTHER 
CRIMES  AND  MISDEMEANORS 

FROM  TH£ 

EARLIEST  PERIOD  TO  THE  YEAR  1783, 
WITH  XOTES  AXD   OTHER   ILLUSTRATIOJ^S : 

COMPII.ED   BY 

T.  B.  HOWELL,  Esq.    F.R.S.  F.S.A. 

AND 

CONTINUED 

FROM   THE   YEAR    1783   TO   THE    PRESENT    TIME; 

BY 

THOMAS  JONES  HOWELL,  Esq. 


VOL.    XXIV. 

[BEING  VOL.  III.  OF  THE  CONTINUATION] 
34.  *  35  GEORGE  III A.  D.  1794. 


LONDON: 

PruUed  hy  T.  C.  Hansard,  Peterborough-Court,  FUet-Street  t 
FOR   IjONGMAN,  HURST,   REES,   ORME,   and   BROWN ;  J.  M.  RICHARDSON  ; 
BLACK,   KINGSBURY,  PARBURY,    and  ALLEN  ;    BALDWIN,  CRADOCK, 
AVD    JOY  ;    E.  JEFFERY  ;    J.  HATCHARD  /  R.  H.  EVANS  ;    J.  BOOKER  ; 
J.  BOOTH;  BUDD  ahd  CALKIN;  AND  T.  C.  HANSARD. 

1818. 


r  ''!;W:^Hf? 


TABLE  OF  CONTENTS 


TO 


VOLUME  XXIV. 


GEORGE  THE  THIRD,  A.  D.  1794. 

GOS.  Trial  of  DAVID  DOWNIE  for  High  Treason;  at  a  Special 
Commission  of  Oyer  and  Terminer^  holden  at  Edinburgh  Sep- 
tember 5th  and  6th :  84  Giobok  IIL  a.  d.  17d4> • 1 

6M.  The  Trial  of  THOMAS  HARDT  for  High  Treason,  before  the 
Court  holden  under  a  Special  Commission  of  Oyer  and  Ter- 
mmcr,  at  the  Sessions  House  in  the  Old  Bailey,  on  the  28th, 
29th,  dOth,  and  81st  days  of  October,  and  the  1st,  8d,  4th, 
and  5th  days  of  Norember:  85  Gioaai  lU.  a.  d.  1794   19^^ 


CORRIGENDA. 


CORRIGENDA. 
Vol.  XXIV. 

p.  90Sy  1.  15  from  ike  hatUm^for  design,  to  read  design  to. 

p.  S59,  1.  33,  to  the  word  **  treason,"  should  he  affixed  the  following  Note : — As  to  which,  see 
in  this  Collection  the  cases  of  Lord  Strafford,  Vol.  3,  p.  1381 ;  of  Peter 
Messenger  and  others.  Vol.  6,  p.  879 ;  of  Daniel  Dammaree  and  others, 
VoJ.  15,  p.  591 ;  and,  of  Lord  George  Gordon,  Vol.  «1,  p.  485. 

p.  S56,  /aft  line  but  one^or  laws  read  law. 

PL  660,  iaU  line^  jfor  pp,  104, 108,  read  pp.  231,  et  seq.  ed  of  1817. 

p.  &I5,  line  19»  J'or  rember  read  rememuer. 

p.  8^7,  /.  ^3,  J'ratn  the  bottom^  for  doos  read  does. 

p.  810,  last  line  but  onCyfor  belonged  read  belonging. 

p  919,  lest  line  bnU  three,  dele  see. 

p.  106 ly  line  4, .A"*  unanimity.  rea</ unanimity : 

f  I061y  imti  One  but  one, /or  Debates,  renij  Debate. 


STATE    TRIALS, 


Trial  of  David  Downie*  for  High  Treason;  at  a  Special  1 
CommUsion  of  Oyer  and  Terminer,  holden  at  Edinburgh^ 
September  5th  and  6th :  34  George  IIL  A.  o.  1794.t 


Mi^^kta^h  Friday,  Septmhir  5th,  1794. 

^  r  i  Pre^iident,  Lord  Chif  f  Baron 

of  i,  Lord  Eskgrove,  Mr.  Baron 

fiorton,  ijora  ^wtnton,  Lord  Dimsmnan. 

Cemmut/ar  ikt  Crowity—Thc  Lord  AdvocaU, 
■     "^  "  :itOf  Genenl,  Mr.  Anstruther,  Mr* 

I- — Mr*  Warr^ndcr, 
If €IiMiu£/ /or  tht  Primner. — Mr.  Cnllen,  Mr. 

iCkft,  Mr  Fletcher  to  assist 
|j(i««r  Mr.  John  Dttlon. 

\  Ckrk  tff  ijrruif  HI.— Vou,  the  prisoner  at 

'  btr^  f  he^**  i,'*rtKl  nu'n  that  you  shall  hear 

fsUedf  and  3)ipear^  are  to  pass  be- 

tween fitir  Vortl  Ihc  king  ain)  you, 

«|PQ»  tJ*r  tf  I  ifc  and  death  ;  if,  ihere- 

iJie,  jroQ  ^^  i^e  them,  your  time  is  to 

•peak  witiF  tui^TD  \\s  they  come  to  the  book  to 

re  thein  called  as  follows: 
--Pritontr^  I  challenge  him. 
^Pti$,  I  challenge  h'mi, 
ifk^^Pris.  I  challenge  him. 

li?r. — Prii,  I  challenge  him. 
— Pri%,  I  rh^llen^e  hira, 
:i- — Pri%.  I    '      '  him. 

L — iViY  I  him. 

^Prh.  I  lij.Hjrii-f  iiim, 
— Frii,  I  challenge  him. 
'"^" — Prit.  I  chaTtengc  him. 
(of  Queen  Street  in  the 

liace^ — Priv,  I  challenge  him. 
1,— Prif,  I  challenge  him. 


m  Ibc  case  of  Robert  Watt  in  the  prc- 

;  VoJumep,  1167. 

■kco  mHhort-hand  by  Mr.  Blanchard. 
Ibift  emae  uiother,  but  imperfect^  account 
VM  MiMMiMd  Mmilar  tn  tfmt  of  Watt's  trial, 
vbini  Iteft  slfeaidy  hern  noticed^  ante^  Vol,  S3. 
^  IHIT. 


John  Scougall» — Prw.  I  cha;llenge  hrm. 
John  Horner, — Pri*.  [  challenge  him, 
Tho.  Hutchinson,  — J'ris.  I  challenge   him.  J 
Archibald  Campbell,^ iV is.  I  challenge  him, 
George    Kinnear,— Pri>.  I  challenge  hint* 

2.  Wi^lliani  Frxser  (of  Kirk  brae  head  in  lhe< 

Earish  of  8t.  Cuthbert*9,  of  the  county  of  £di»>^ 
urgh)  was  sworn, 

John  Andrew, — Pris.  I  challenge  him, 
William  L:Lmb, — Pri$,  1  challenge  him. 

3.  Wilham  Fettes  (of  Princes-street,  in  th*^ 
city  of  Edinburgh)  was  sworn, 

William  Scut,— Pri*.  I  challenge  him. 
James  Raunie, — Pris  l\  hallengehim* 
Jmnes  Jameson,— Prii.  I  challenge  him. 

4.  James  Ijndsiiy  (of  Qtmlity-strcet,  Leilh^j 
wine  Merchant^  was  sworn. 

Alexander  Sherift,— Pr  w.  I  challenge  him. 
Alexandt^r  Rinnear, — Pri^.  I  challenge  him* 

5.  James    Hamilton  (of  Princcs-strcet,  iti^ 
tlie  city  of  Kclinhurgh,  uphobterer)  was  sworni 

6.  Alexander  Ponton    (of  Canal-street  m\ 
the  city  of  Edinburgh,  wri^ht)  was  sworn. 

David  Deuchar  (ol  High-street,  in  thecityj 
of  Edinburgh,  seaUengravcr)  was  sworn.  ' 

8.  Chark's  Uobinson,    (of    PrinceS'Slreet^  J 
in  the  city  of  Edinburgh,  painter)  wa^  sworn, 

9.  George  Rae  (of  Leith-wynd,  in  the  parisb'^ 
of  Canongale,   candle     maker)   was    sworn^  ^ 

to.  John    Bonnar  (of  Si.  Uavid-strt^et,  ia^ 
the  city  of  Edinburgh,  painter)  was  sworn. 

It.    Pavid  Milne  (of  Queen-street,  in  thd , 
city  of  Edinburgh,  merchant)  wa^  sworn. 

Fran.  Buc.Sydeserff,— Pm.  Irhallengcbim* 

James  Price, — Prm.  1  challenge  him. 

12.  John  Black  (of  InrkS  Clu^e,  in  the  city  ^ 
of  Edinburgh,  woollen-ilrttper)  was  sworn. 

List  or  tiii:  Jrav. 
Robert  Young. 
William  Fraser. 
William  Fettcji. 
James  Lindsay. 
James  Hamilton. 
Alexander  Ponton. 

U 


David  Deuchar, 
Uharl<;s  Robertson. 

J'  ir 

JiilVirj      .ijiilie. 

John  Bhvk. 


Cfcrk  of  Arralgti^  —  Ccunl  thc«c-  [He 
Ihen  called  over  Ihc  names  of  ihe  Jurors 
sworn  :  thuy  were  accord  in  j;ly  counted.] 

Clerk  of  Arraigns, — Crycr,niake  proclama- 
tion. 

Cryer,—Oyet^  ,  If  any  ooii  can  iaform  my 
lords,  Uie  king's  attorney  general,  or  this  in* 
quest  now  tu  be  lakt  n<,  of  tlie  high  treason, 
whereof  the  prisoner  at  tiic  bar  stands  in- 
dicted, let  them  come  forth,  and  they  sliall  be 
heard ;  for  now  the  prisoner  stands  at  the  bar 
upon  bi.^  deliverance,  and  all  others  that  are 
bound  by  reco^Lcance  to  give  evidence 
against  the  prisoner  at  the  bar, let  them  coine 
furth  and  give  their  evidence,  or  else  they  for- 
feit Ibeir  recognizance ;  and  all  jnrynien  that 
have  been  called,  and  have  appeared,  and  are 
^01  Mworn^  joaj  depart  the  court. 

Clerk  nf  ^rrai^nj.— David  DowdIc,  hold 
up  your  haod  (which  he  did). 

ilkrk  of  Arroigns  to  tlie  Jury.— Gciitlc- 
meu,  you  that  arc  sworn,  look  upon  the  priso- 
ner, and  hearken  lo  !ii>  4:harj;e ;  he  stands  in- 
dicted by  the  name  of  David  Downie»  lale  of 
Edinburgh,  iii  the  county  of  Edinburgh,  not 
Jiaving  the  fear  of  God  in  his  heart,  nor  weigh' 
iog  the  duly  of  hib  allegiance,  but  bt-in;^  moved 
as  a  false  traitor  agaiust  our  lord  the  kuig,  and 
wholly  withdrawing  the  cordial  love  and  true 
and  due  obedience,  fidchtV)  and  allegiance^ 
which  every  true  and  faithlul  subject  »ht>iild» 
and  of  right  ought  to  hear,  towards  our  lord 
the  king,  and  wickedly^  nialickiOHly,  and 
Irailerously,  contriving  to  break  axid  disturb 
the  peace,  and  to  change,  subvert  and  over- 
throw the  government  happily  estabJLshed  in 
this  kinjEidom,  and  lo  eicite,  move,  and  raise 
in-surrertlon,  and  rebellion,  and  to  dejwse  our 
J ord  the  king  from  the  govemraenl  of  Great 
Britain,  ^nd  to  put  him  to  death,  on  the  firO. 
day  of  March  last,  and  on  divers  oiht  r  dayi^. — 

f  be  first  overt  act  is,  that  be,  on  Uie  hrst  of 
Marcli,  did  maliciously,  wickedly,  and  ( r alter • 
maiy  meet,  conspire,  consult,  and  mme  to 
IliOpc  and  procure  a  meeting  of  divers  stiujccts, 
to  be  assembled  and  held  within  Uie  kingdom 
of  Great  Brrtarn»  under  the  name  of  a  con- 
vention, for  tlir  i,{  assummg  to  them- 
selves, at  siicli  \if.  powers  ofgoveni- 
jneiit  and  If'gjsiaiMjn,  M.ur  this  kingdom,  in- 
dependent, kind  Ml  defiance  of  ttie  aiitliority. 
and  a^aiust  the  whole  of  the  parliament  of 
this  kirigduni,  aud  of  subverting  and  aitering 
the  ndc  and  government,  and  deposing  our 
lord  the  knig  from  the  government  and  royal 
stale. 

The  second  oved  act  is  that  he  roet^  and 
consulted  to  instigate,  incite,  encoura^,  and 
porsuHdu  the  subjects  of  our  brd  the  king,  to 
<Miuse  and  procure  divrrs  meelmgs  ana  as* 
scrub  lies,  for  the  purpose  of  choosing  dele- 
gates frum  amon^  themselves,  to  jucel  in  a 
i,i. -».»,,  .r  ...J...   .^  ..  n^imj  of  a  r  -  r-  *-  -:    *  ■ 

j^c  of  as8' 


_  lit:  ui  I  -iJ"! 


Trial  of  David  Dowm€ 

iembled  to  cluio&e  a  convention  to'  be  hekl, 
the  object  of  which  was,  to  redress  nadooal 
grievances,  by  usurping  to  themselves  the 
power  of  government  and  legislation  of  this 
kingdom,  in  defiance  of  the  authority  of 
parhament. 

Tli«  fourth  overt  act  is,  cODsultiiig  Xo  bring 
about,  in  such  convention,  lo  be  held  without 
the  consent  of  parliament,  an  alteration  and 
cbange  in  the  modeof  representatioo,  and  in^ 
stigaBng  and  inciting  persons  to  send  dele* 
gates  to  such  convention,  for  the  same  pur- 
pose. 

The  fifth  overt  act  is,  that  he  conspired,  with 
other  false  traitors,  by  farce  to  oblige  the  km^ 
to  alter  the  measures  of  government,  and  to 
comply  with  certiin  unlawful  dcrmaods^  pio- 
posiuons,  and  meastireS|  to  be  theicafUt 
made  by  bim,  relating  to  the  king's  adminis- 
tration of  the  government  of  this  kingdom. 

TJic  sixth  overt  act  is,  that  he  conspired  to 
mise,  and  make  insurrection  and  rebelhon, 
against  our  lord  the  kin^. 

The  seventh  overt  act  is,  that  he  conspired 
to  oblige  the  king  by  force  to  comply  witli 
certain  demands  to  be  made  hv  Wun.  4r»U  cofw 
sent  to  tlie  introduction  of  u%  afld 

n^eabures  respecting  the  go\ '  uf  this 

kingdom. 

1  he  eighth  overt  act  i«,  that  he  conf^irtdj 
consulted,  and  agreed  with  other  false  traiKn^^ 
to  seize  and  take  the  caatle  of  Edtnbur^gh  into 
his  possession,  by  force  of  arni»>  with  gtjn5r 
pikes,  spears,  baiile-«&kea,  and  other  of&naivt 
weapons,  and  Uy  provide  leaders  to  be  ap- 
pointed and  instructed  by  him,  and  to  ky  in 
wail,  and  surprise  the  forces  of  our  lord  the 
king,  sUiLioned  in  the  said  Castle  of  Edin- 
burgh, and  to  attack  and  6gbt  them,  and  to 
take  into  hb  poises:iion  by  force,  the  public 
banks,  and  excise  uflite,  and  to  seije  wl 
imprisun  the  justice  clerk,  the  lords  of  councU 
and  ^cs.'^ion,  and  justiciary,  and  the  lord  pro^ 
vusf  of  Kdijiburgh. 

The  ninth  overt  act  is,  that  he  did  trvftismte 
and  incite  divers  subjects  of  our  l^'i  <.; 

to  consent  tU|  anil  approve  the  la^i  J 

traitcrous  propusal^v  ^^*^  ^  &td  aiui  as^fp<i  mm 
in  eiiceiing,  and  carrying  the  $ame  into  cxe^ 
culton. 

Ttie  tenth  overt  act  if,  that  he  fOiMpired 

and  consulted  UlUl  other  fal^  Ir^itnrt    tn  uto- 

cure  arms  for  tlu)  pirpo^  oi  it 

and  allacrs,  to  enable  him  l^^  ;* 

ill  the  legal  eiterciae  of  his  royal  power  vid 
authority. 

The  eleventh  overt  act  is,  ''  n^jpiied 

to  raise  and  le%y  moDey,  tli<  r-irry 

into  effect  his  truiterous  puri 

'llic  Iweltth  overt  act  is,  tl  '» 

rkrtri:  '  ,' '  '  V  '  di>pcrs*M  cfri^n  iim- 
ir-  liipnabUj  p&ipen,  «Dd 

>ur  \m  Um 
aa" 

''J 


*) 


J^  High  Trtas6n. 


A.  D.  1794. 


[6 


[lft|ift¥  ibe  Bame  to  him,  with  intem  Umt 

flhould  b4£   accautited  for^  and 

math  way  as  shmjld  be  most  eal- 

10  make,  and  mi'^e  insurrectioQ  and 

tlMioo  af^inst  the  king. 

'  Thm  Iktfteenth  overtiLct  is,  that  be  hired  and 

fgicfd  John  Fairiey,  to  oury  and  disperse 

tKsk  pipcsi  am  )a«^t  aforesaid,  sxid  delivered 

purpose,  with 

r  said  lord  the 

uir  \Mii!  in  the  exercise 

0  assist  in  prosecuting 
i^ade  to  subvert  the  go- 

tjv^rt  act  is,  that  he  in* 

1  Fairlcy,  to  insljgatp, 
/  .  ts  of  our  said  lurd  the 

iimru:e  and  support,  and  to 
■y  as  flhould  be  colJectcd  to 


lilWntb  overt  act  is,  that  he  eitt- 

the  fiaid  John  Fair  ley,  to  in&tignte  and 

ibo  iiuhject;  ofonr  said  lord  the  king,  to 

m  afraa,  and  to  arm  themselves,  to  resist 

kiig^aod  U»  aid  and  assist  him  m  subver- 

tbt  fEi&vtnuneot. 

futeeolh  overt  act  b,  that  he  em- 

HlUiam  Brown,  to  m»ke  and  procure 

foe  arming  himself  and    other    false 

and  pajd  tliem  munev  for  the  same. 

H^mteenth  overt  act  is,  that  he  em- 

Onock  to  make  arms  for  the 


Ttw  eic|i<«tnih  overt  act  is,  that  he  con- 
il,  aoid  foi  into  his  posses^t uu  arms^  and 
I IhcvD  Goocaalcd  in  his  dwelling  house,  in 
\  fo  be  made  use  of,  for  the  traitcrous 
talbcesaid,  agamst  the  duty  of  his  al- 
ft^&sl  the  form  of  llie  statute  in 
aiU^  and  provided,   a^uinsi  the 
iatd  lord  the  king,  nis  crown 

indictment  he  hath  been  ar- 

aod   thereunto    hatb   pleaded  Not 

ad  f«Drhiii  trial  hath  pot  himself  upon 

the  eouotry,  which  country  you  are ; 

etiafife  i%   to    tnqitire   whether  he  he 

f  '^  '.'"",  ^-         .     '    .     "'  ■     :  .'ids 

.  sy 

lu  riKinjier    wiiai    gfju.iija    ami    inaitcrls 

laiicnientji,  he  had  Dt  tlie  time  of 
iMqfi  tretf'^'"  '--^ '>>"«•  «.*i    ***■  jit  any  lirae 
if  j^i  .  you  are  to 

■Murs  if  hi  rind  that  he 

iM  lor  I  ot  his  coods  and 

diaaaK,  i  ium  guilty;  if  you 

MbiainAi  ;!  that  he  did  not  fly 

ivittTQii  ai'  ^0|  and  no  more;  and 

bnHuii  to  tbc  tiviilaicc. 

Mr.  DiaaJatf.^-Oentlemen  of  the  Jury,  This 
n  an  iwlieliDent  of  high  treason,  against 
Dmd  Dawnmv  the  ^iioner  at  the  bar.  Vou 
lawi  hcar^  the  tndtdment  read,  and  it  is  my 
ter  10  iUK?  the  substance  of  it.  DrieHy, 
L  as  ilua^'Tbe  prisoner  is  charged  with 
J  to  wittmVlit  II  convention,  which 
lisurp  the  iQDvemmtDt,  and  to  new- 


model,  at  their  will,  the  constitution  of  the 
conntrv-  He  is  likewise  charged  with  procur- 
ing offensive  weapons,  to  arm  the  subjects  of  1 
the  cQuntr5%  in  order  to  alter  the  form  of  the 
government,  and  to  overawe,  and  restrain  the 
conduct  of  the  king,  and  compel  him  to  conn 
ply  with  such  measures  as,  to  the  prisoner 
and  his  associates,  might  seem  proper,  and 
expedient;  and,  finally^  he  is  charged  witb 
having  conveyed  treasonable  papers,  with  a 
view  of  influencing  the  army,  corrupting  the 
soldiers,  and  hiiissing  them  from  their  duty, 
and  of  exciting  them  to  rebellion.  The  «uni 
of  all  is,  he  has  taken  measures  which,  in  the 
language  of  the  law,  extend  to  compass  and 
imagine  the  death  of  the  king, — to  which,  he 
has  pleaded  Not  Guilty. 

The  Lord  AdrocoU.—^l^  Lords;— Gentle- 
men of  the  Jury,'-'Thjs  is  an  indictmejit 
against  the  prisoner  at  the  bar,  for  the  crime 
ot'hi;;h  treason ;  and  it  is  my  duty  to  stale  to 
yiiu,  shortly,  the  low,  as  it  appears  to  me  to 
stand,  upon  that  subject,  and  the  general 
nature  and  import  of  those  facts,  which  on  the 
part  of  lUe  crown,  and  on  that  of  the  public. 
It  is  my  duty  to  lay  before  you,  and  to  support 
by  evidence;  of  the  truth  or  suAlciency  of 
>*hich  evidence,  you,  as  the  representatives  of 
the  country,  judging  impartially,  between  the 
prosecutor  on  the  one  hand,  and  your  fellow 
subjects  on  the  other,  are  alone  cntitledf  and 
have  the  power  to  delermme. 

Gentlemen,  it  must  be  perfectly  well  known 
to  you,  that,  upon  the  happy  event  of  the 
union  of  the  two  kingdoms,  the  sys^tcros  of 
law  which  bad  prevailed  in  each  country 
from  the  earliest  history  of  both  of  them, 
wrre  by  that  solemn  trcaly,  settled  and  se- 
cured to  each  nation  for  ever.  Soon  afker^ 
however,  and  upon  the  best  gmunds  of  public 
expediencv,  an  aUer*ilioii  took  place,  m  re* 
spect  to  tile  crime  of  high  treason,  which, 
smce  that  period,  has,  by  the  authority  of 
parliament,  been  made  the  same  for  both 
kingdoms.  It  was  just  that  it  slioutd  be  so; 
for,  being  united  under  the  f^ame  sovereign, 
and  under  the  same  happy  form  of  govern* 
nnent,  it  was  expedient  ana  necessary,  that  as 
our  allegiauLe  was  the  same,  the  laws  that 
punished  the  breach  of  it  should  be  equally  90« 
ticntJemen,  I  shall  not  stop  to  inquire, 
whether  we,  in  Scotland,  gained,  or  may  be 
supposed  to  have  gained,  or  to  have  lost,  by 
the  introduction  of  the  English  Jaw  of  treason; 
it  is  not  material  to  the  question  you  are  now 
to  try;  but  this  I  can  state,  without  the 
hazard  of  contradiction  upon  the  part  of  the 
prisoner,  that  ihe  Scots  laws  of  treason,  previ- 
ous to  the  union,  were  much  more  strict,  and 
much  more  severe,  than  those  which  were 
established  in  England,  under  the  protection 
of  which  we  now  hvc ;  and  that  some  persons, 
who  are  now  suffering  •  under  the  common 

•  Muir,  I'alfucr,  SkirviD|:,  Margarot,  and 
Gcrrald ;  u  -■  see  m  tbc  preceding 

Volume  oi  ^  iwu. 


7] 


34  GEORGE 


law  0*  Scotland,  arbitrary  punishmcnU,  fix- 
offences  cummitted  against  it,  would,  if  the 
Scots  Iaw8  of  treason  had  existed  at  the  present 
moment,  httve  been  tried  for  their  lives,  under 
thftt  liw\  mid  would  have  suifered  the  capital 
punishment  which  tliat  hw  iutiicted.  I  have 
no  doubt  you  must  ubo  know,  for  it  is  a  cir- 
cumstance that  has  always  Lieen  stated  to  the 
lionour  r»f  the  law  of  England,  that  from  the 
day*  of  king;  Edwanl  3r«l  to  the  present 
time,  the  law  of  treason  has  been  governed 
by  a  statute,  passed  in  the  rei^n  of  timt  excel- 
lent prince;  and  that  it  remains  the  founda- 
tion of  all  the  trials  which  have  proceeded 
upon  that  subject. 

It  includes  t hree  distinct  cases;    and  the 
statute  is  conceived  m  that  ^hort,  simple,  and 
precise  style^  fur  which  the  parliaments  of  our 
orefathera,  at  an  early  period,  l>olh  in  Kng- 
and  and  in  Scotland,  were  so  dis.tina:uished 
ind  remarkable.      They  left  thai  bneL  s-hort,  ' 
ud  concise  statute,  to    be  applied   by   the 
es  of  the  land,  in  afler'timcs,  to  every 
ase  wbirh  appeared  to  them  to  fall  within  it ; 
hey  bufije<l  not  tJiemselves  with  hunting  out 
every  mmule  case,  which  fancy  might  sug- 
'  but  they  laid  down,  in  pbin  and  clear 
inguage,  that  tonducl,  and   those  leading 
els,  by  which  allegiance,  in  their  apprehen- 
on,  was  broken,  and  left  to  the  juilicial  au- 
Ihority  of  the  laud   to   apply  to  sobbequent 
Leases,  the  distinct  and  plain  rules  by  which 
Iftlie  Uw  of  treason  was  bettled  and  defined ; 
iind  that  slatute,  which  has  stood  the  test  of 
^centuries,   and  which  has  been  discussed  in 
Every  case  that  has  s'mce  occurred,  has  now, 
I  and  for  a  long  time  past   in  England,  been 
•fixed,  exphuucd,  aiiil  seltle^l,  beyond  the  pos- 
>  fiibility  of  controversy,  and  beyond  the  rcuch 
..<of  dispute;  it   has  justified   the   wisdom  of 
,.the  parliament  which  enacted  it,  by  the  uni- 
versal applause  which  this  country  has  be- 
. stowed  on  it;  and  has  received  troiu  all  who 
.have  conbidered  or  written  upon  the  subject, 
the  slronge^^t,  and  moil  jtust  encomiums  as 
^}>rc3erving,  on  the  one  Imml,  the  con^litulioii 
find  K*^vernment,  and   the   safely    of   every 
[tmemoer  of  th*it  government,  by  punishment 
Lb€vcj:v,  if  those  under  its  proleclion  are  iaUe 
[  /enough  to  conspire  for  its  downfall ;  and  se- 
curing, at  the  same  time,  the  liberty  of  tlic 
subject,  aud  the  safety  of  the  highest  as  well 
as  the  meanest  indivukial  that  lives  under  its 
protection,  from  the  power  of  the  crown,  if 
ever  attempted  lo  be  opprcsnively  txertcd,  or 
Mretched  beyond  the  due  limits  of  tiiat  au-    have  v 
thority  with  which  the  law  and  cousin ution 
Las  vested  it  for  the  hucurity  of  the  whole, 
luid   for   ttic  presscrvation  of  peace  and   of 
order. 

Gentlemen,  I  stated  to  you,  there  were  three 
^K>mtH  whith  formed  the  leading  juid  pronii- 
ticnt  lValure«i  of  lh*ir  net  of  purhi^mt'iit. 

1'  '  le,  and 

jcoii  imouft 

in    ;;'k"i,    i^  — toajp.i".M;jjj    nr     niiUi^ining    the 

dcatii  of  the  king ;   the  socock1|  IcVyuig  war 


Tritd  of  David  Downie 

apinst  the  king :  aiid  the  third,  adhering  to 
the  enemies  of  tne  king. 

In  this  case^  with  the  last  we  have  nothin| 
to  do,  The  charge,  which  has  been  opened 
in  geneml  to  you,  by  my  brother,  falls,  as 
you  must  have  observed,  under  the  tirst  and 
most  important  of  the  whole,  cnmpi -"'*'■'  "^"<f 
imagining  the  death  of  the  sover. 
in  the  course  of  the  evidence  1  iL„..  „=.-.- 
wards  open,  you  will  find,  that,  lo  a  certain 
extent,  the  second  branch  of  the  statute 
comes  likewise  under  your  consideration, 
though  it  forms  not  the  Aground  work  of  the 
charge  against  the  prisoner  at  your  bar ;  for, 
accord  in  j^  to  the  universal  and  concurrent  atj* 
thority  of  the  greatest  and  ablest  judges  and 
lawyers,  which  any  country  ever  produccdj 
men,  friends  to  the  liberties,  the  n  1  '  "d 
the  constitution  of  their  couniry,  a « 
or  coiihultalion  to  levy  war,  or  in 
agaiitst   tlie  government  and  the  , 

even  though  that  war  should  not  1 x!y 

levied,  but  by  vigilance  checked  \\i  the  bud, 
has  been,  with  the  fullest  consideration,  held 
to  be  an  overt  act  of  compassing  and  imagin- 
ing the  death  of  the  sovereign,  and  to  hlk 
under  thai  leading  and  principle  branch  of  the 
statute. 

Gentlemen,  we  have,  since  Ihat  law  has 
been  extended  to  us,  had  two  rebeUious  in 
our  country,  but  upon  both  those  occasions, 
the  persons  guilty  were,  from  peculiar  circumt^ 
slancen,  and  under  the  authority  of  a  special 
statute,  tried  in  our  sister  kingdom.  We 
have  the  misfortune,  at  the  period  we  now 
Uve,  to  be  almost  the  Brst,  in  the  ditferent  si- 
tuations of  judges,  jurymen,  or  prosecutors, 
called  lo  the  meUurholy,  hut  necessary  exer- 
cise of  the  jurisdiction,  accorthng  to  the  laws 
that  prevail  in  our  sister  kingdom ;  and 
though  the  periods  of  rebellions,  I  trust,  are 
pa»t ;  allluuigh  we  all,  for  this  century  pa^ 
nave  had  occasion  to  bless  IIih  couhtitutioa 
which  our  parents  have  es^tablished  for  us^ 
which  from  ihem  we  have  received,  ana 
which,  1  trust,  we  shall  do  our  utmost  to 
scud  down  entire  to  our  children, there  exists^ 
at  the  present  moment,  to  the  astonishment 
and  gnef  of  every  virtuous,  loyal,  and  well- 
disposed  subject  (from  what  source  it  origt- 
natea  I  need  not  sitate),  a  conspiracy  and  cona- 
binaliou,  toundcd  upon  principles  hu'-lile,  not 


only  to  our  own,  but  to  every  utj 
mciit,aud  subvert vc of  allordcr,  :< 
who,  dr^    •  -  -         -     ^       I    ut   - 


<  nn  lent, 
lant,  the 
*«'"  of 

ity 


lo^v 

C<M 

b'  lli- 

r.i!  ■  uh 

evi:i  V  ijfUuu  t'AuUul,  ^aidunduilic  h|»octou3 
bul  li^ll^e  pretext  of  reform,  to  ^itb*^tUutc  in- 
i^iead  of  what   v^  >  :   which 

the^e  unhappy  p«  uol  uu- 

dtfjiirtHnd ;  an  4^tU  luj^i  wtiun^n  imy  ttad  Mic* 
cecdcd,  would  have  produced  the  aamc  drenal* 


JofT  High  Tretuon, 

l<l  tWim|lit  Pti  J  which  have  taken  place  in  a 
neiiMiMrtD^  cotxniry  :  would  have  equally 
iiifai»Cfi  in  it  the  life  of  our  sovereign,  and 
tkf  Qlblcoce  of  the  legislature ;  would  have 
nborttd  mil  laws,  and  annihilated  all  pro- 
f|Btyy«>d,^cr  destroving  those  persons  em- 
"■^  ' '  Ihc  service  of  llic  state^  or  members 
>Uituref  would  have  almost  in  the 
loiediate  moment,  des^cended  on  the 
boidB^f  those  most  active  aud  conspicuous  in 
m  itondftti  con^spiracy. 
GeDllenten,  the  word.s  of  (he  act  of  parlla- 
1  >ti/  H'iili  sufficient  accuracy 
Its  meaning;  and  after 
,  vou  will  be  able,  without 
-  mmc,  which  as  a  Scots  law- 

}  '  tlly  pretend  to  give  you,  upon 

Ai>  i  ^  ..  i.ULute,  to  see  what  the  law  of 
t»  -  1-  -,  <jr  by  what  circumstance's  of  con- 
dun  It  lb  violated.  The  law  of  England,  indeed^ 
an  ibe  law  of  every  free  country  ought  to  be  on 
tbm  tuihjtr'.  :  '  tin  that  every  man  who 

itaAk  amy  nd  and  know  precisely 

IIm*  Ijirr  -  '  (J  jics  tu  violate. — ^For  your 

^rtbtt  jtj,  however,  I  shall  feel  it 

"^  n\vn  words,  but  in  those 
lied  lawyers  of  England, 
-e  observ'ations  on  the 
d  to  them  material,  and 
their  apprehension,  that 
lifiikit  iiie  oue  or  the  ottier  of  the  two 
Inadiei  of  the  act  of  parliament.     T  shall 
hf^    wtU)   Mr.  Justice  Foster^    of  who^e 
>t>u  have  most  of  you  no  doubt  heard, 
him  and  Hawkins,  and  Mr. 
'  ue»  (he  most  modern  of  them 

tew  I' igri  upon  the  subject, 
Uwldtscourie  which  Mr.  Justice  Foster 
>fi.^f  the  rebellion  1746,  upon 
Ibtlsvrol  on,  which,  as  from  the 

diihieru'i^  -ii       ^       j-stonal,  as  well  as  eene- 
r,  and  the  pHriiciilar  circu matinees 
I  If!  was  called  upon  to  consider 
ninute  allentioui  so  he  pos- 
iy  of  stating  to  his  country, 
lilt  the  law  was  on  the  sub- 
ii  iimeutary  upon  the  first 

rjti lie,  compassing  the  king's 
ts  himself  in  the    following 

tliat,  in  the  case  of  the  king, 
•-'f^H  hath,  with  great  pro- 
rule,  voiunlo*  pro /actOf 
■  \j.    The  principle  upon 
^  is  loo  obvious  to  need 
ihc  king  is  considered  as 
pohlic,  and  the  mem- 
re  considered  as  united 
I  k«f  I  together,  t)y  a  polilital  union  with 
^   '~  1  with  iiiich  other, — IJis  life  cannut, 


A.  D,  1791, 


[10 


ijtryti 


i|i, 


lit^c  of  ih 
I  practices,  v 


iken 

ulV' 


Ijilc-. 


1   to  slop 

,...^...;v..vjr,  I  mean 

'.  wijo,  m  his**  Prin* 

liM   uoiiuestionably 


proved  himself,  by  his  writings,  as  great  a 
friend  to  the  liberty  of  tlie  subject,  a&  a  de- 
cided enemy  to  any  severe  system  o(  criminal 
jurisprudence;  and  who  observes,  tliat  the 
circumstance  of  a  sovereign  being  carncfl 
from  his  throne,  and  under  the  appearance  of  | 
a  mock  trial,  led  to  execution  by  his  subject*, 
was  (some  few  years  a^o>  without  a  narallcL 
We  live  at  an  hour  of  this  century,  when  his 
lordship's  remark  is  no  longer  accurate,  and 
when  that  circumstance  is  no  longer  pecuUar  i 
to  the  history  of  Rritam ;  when  drcadftd  ex- 
perience jusiifies  the  truth  of  Mr.  Justice 
Foster's  observation, — "  That  his  life  cannot 
be  taken,  in  the  ordinary  course  of  things, 
without  involving  a  whole  nation  in  blood 
and  confusion;  consequentl^v,  every  stroke 
levelled  at  his  person,  is,  in  tlic  ordinary 
course  of  things,  levelled  at  the  pubhc  Irari- 
quillity;  the  law  therefore  icndereth  fihe 
safety  of  the  king,  with  an  anxious,  and,  if  I 
may  use  the  exprcsstoo,  with  a  concern  bor- 
dering upon  jealousy :  it  considereth  the 
wicked  imaginations  of  the  heart,  in  the  same 
decree  of  guilt  as  if  carried  into  actual  exc» 
cutinn,  from  the  moment  measures  appear  to 
have  been  taken  to  render  them  etVectual ; 
and  therefore,  if  conspirators  meet,  and  con- 
sult how  to  kill  the  king,  though  tliey  du  not 
then  fall  upon  any  scheme  for  tint  pt»rpose, 
this  is  an  overt  act  of  compassing  his  deatli, 
and  so  are  all  means  made  use  of,  be  it  advice, 
persuasion,  or  command,  to  incite  or  en- 
courage others  to  commit  the  fact,  or  to  joia 
in  the  attempts ;  and  every  person  who  but 
assenlelh  to  any  overtures  for  tliut  purpose^ 
wdl  be  involved  in  the  same  guilL'* 

*•  And  if  a  person  be  once  present  at  a  con- 
sultation for   such  purpose,  and  conceal  it, 
having  had  a  previous  notice  of  the  design  of  i 
the  meeting,  this  is  an  evidence  pnjpcr  to  be  , 
let!  to  the  jury,  of  such  assent;   though  the  i 
party  say,  or  do  nothing,  at  such  consuUit-  { 
tion.    The  law  is  the  same,  if  he  is  present 
at  more  tlian  one  such  consultation,  and  dotb  i 
not  dissent  or  make  a  discovery.     But,  in  the 
case  of  once  falling  into  the  company  of  con- 
spirator-*,  if  the  party  met  them  accidenlallyy  ] 
or  upon  some  inditferent  occasion^  bare  con- 
ceahnent^  without  express  assent,  will  be  but  ' 
misprision  uf  treason.    The  law  was  formerly 
more  strict  in  this  respect;    'si  ad  tempus  j 

•  dissinmlaverit  vel  subticueril,  quasi  conscn- j 
'  tiens  et  asncnticns,    crit    seductor    domniij 

*  regis  manifestos/ 

He  then  goes  on  .— "  The  care  the  law  batlil 
taken  for  the  personal  safety  of  the  kin^,  isi 
not  con6ned  to  actions,  or  attempts  oitliel 
more  flagitious  kiad»  to  assassination*  or  poU  j 
son,  or  other  attempts,  directly  and  immcdi« 
atcly  aiming  at  his  lite;  it  is  c\"  .  '  '  fi> 
every  thing  wilfully  and  deliberal'  r 

attempted,  whereby  his  life  may   br  riim 
gcred  ;  and,  thcretorc,  the  entering  into  me 
siiTPs  lor  <i-iNi-irit'"  or  imprisoning  hira,  or 
gel  his  ["  liic  power  of  the  cons 

tors,— tliL  va  arc  overt  acts  of  * 


^-^ 


in 


•H  UEORCE  III. 


Trial  of  David  Dotsnie 


[13 


wUliiii  tlii«»  branch  of  the  $tat\jtc:  for  eKpe- 
ntnce  hath  shown,  thjit  between  the  prisons 
antl  the  graves  of  princes,  the  distance  is  very 

It  goes  on  :^^"  Ofienccs  which  are  not  so 

'personal  as  those  aJrcad.v  mentioned,  have 

I  .beeni  with  g;Tcat  propriety',  brought  within  the 

)  same  rule,  hs  having  a  lendenry,  though  not 

^fto  immediate,  to  the  same  fatal  end:  and, 

"  •refore»  the  entering  into  measures,  in  con- 

''cett  with  foreigners  and  others,  in  order  to  an 

invaskm  of  the  kingdom,  or  going  into  a 

foreign  country,    or  even   proposing  to   go 

thither,  to  that  end,  and  taking  any  steps  m 

order  thereto^ — these  offences  are  overt  acts 

of  compassing  the  kind's  death/' 

Gentlemen^  from  this  you  will  observe^ 
that  any  thing  which  has  a  tendency  to  touch 
the  life  or  the  safety  of  the  sovereign,  which 
I  In'  the  smallest  degree    may  in  its   conse* 
|4)uences  bring  it  into  hazard,  is,  upon  Ibe 
principle  of  the  quotation  I  first  set  out  with, 
most  justly  held,  and  always  has  been,  by 
every  court  of  law,  and  every  jury  that  tried 
the  question,  as  the  ofience  of  compassing  and 
\  imagming  the  deatti  of  the  king,  provid^  an 
I  overt  act,  or  facts  and  circumstances,  suf- 
ficient to  satisfy  your  own  consciences,  that 
atich  was  the  parlies  intention,  are  proved, 
and  which  oblige  you,  by  the  oath  you  have 
taken,  to  return  that  verdict  you  think  the 
evidence  compels  you  to  do. 

Gentlemen,  having  stated  this,  I  shali  beg 
'leave  to  trouble  you  with  only  anotlier 
<|tiolation  from  the  same  author,  which  is  pro- 
I  ,prr  to  be  attended  to,  as  peculiarly  applicable 
in  the  facts  I  have  afterwards  to  state,  and 
l-^hich,  I  believe,  will  be  made  out  to  you  by 
ncc.  Relative  to  the  second  bramch  of 
fttute^  and  the  manner  in  which  that  is 
d  to,  as  evidence  of  the  prisoner  being 
jtiilty,  under  the  first  branch  of  the  act  of 
:-fi»rhament,  the  actual  levying  of  war  against 
"Jie  king,  no  body  can  question,  is  hi  eh  irea- 
imfn%.  A  consultation  to  levy  war>  if  directly 
■  •against  the  person  of  the  kin^,  i^  evidence  of 
|-corn passing  or  imagining  bts  death,  even 
l^lhough  no  war  actually  follows;  and  Mr. 
I  jMstice  Foster  says, — **  Every  insurrection 
Which,  in  the  judgment  of  law,  is  intended 
[  Against  the  person  of  the  king,  be  it  to  de- 
ifllirorM  or  imprbon  him,  or  to  oblige  him  to 
iter  Lis  m€a«ures  of  government,  or  to  re- 
nov«  evil  oounicllors  from  about  him,  these 
sings  all  tjtjount  to  levymg  war,  within  the 
atute,  whetbrr  attendtd  with  the  pomp  and 
iimstances  of  open  war,  or  not ;  and  every 
enspiracy  to  levy  war  for  these  purposes, 
bough  not  treason  within 
Qg  war,  is  an  overt  net 
^  compa*^ng  the  aiu. 
purposes  cannot  be  eff* 
.  lad  open  force,  without  m 


•»  i«te  to  other 


having  Ihua  la^ 
Qlft  to  IDJ  mind  aa  itatum  the  law 


authorities,'*!  du  not,  upon  r  etui  lot  tiuo,  think 
it  necessary;  and  therefore  thall  proceed  to 
stale  those  Cacts  under  which,  if  in  the  sequel 
thty  shall  be  satiafactorilv  proved,  it  will  be 
my  duty  to  claim  your  Judgraeot  aguost  that 
man* 

Vou  are  all,  I  make  no  doubt,  acquainted, 
that  about  two  years  ago,  &  number  of  per- 
sons in  this  country*  formed  themselves  into 
associations,  or  clubs,  for  the  purpose,  as  it 
was  said,  of  obtaining  what  they  called  a  p*r- 
Hamentary  reform,  a  reform  of  which  you  will 
hear  more  in  the  sequel,  and  which  yuit  will 
see  proved  by  authentic  dcicuments  and 
papers  before  you,  whatever  the  original 
movers  of  tl)e  plan  intended,  or  whatever 
they  professed  to  intend,  to  have  been  no- 
thing else  but  a  scheme  to  subvert  the  pie- 
scnt  system  of  go\'ernment  in  this  oottEVtr^f* 
and  to  obtain  what  they  call  universal  uiU 
frage,  and  annual  parliaments,  without  which 
some  of  those  poor  deluded  people  have  been 
taught  to  think,  thev  have  not  been  free. 
They  applied,  as  they  had  a  right  to  apply,  by 
petition  to  parliament,  and  the  House  of  Com- 
mons, in  Its  wisdom,  and  to  its  etcmaJ 
honour,  acting  as  it  thought  best  for  the 
safety  of  the  country,  and  foreseeing  what 
was  couched  under  the  application,  rented 
tliese  petitions,  and  refiised  to  listen  to  them. 
Being  disappointed  in  this  measure,  it  ap- 
pears that  some  of  those  clubs  and  associai- 
tioDS  instantly  set  about  looking  out  for  other 
moana,  and  you  will  have,  as  early  as  the 
month  of  May  1T9J,  a  letter  from  a  club  in 
London,  called  the  London  Corre^^ponding 
Socr-^^-  -  rrerson  of  the  name  of  Skirving 
in  I  ■■■■,  who  was  secretary  1o  another 

chiti  ...  ,  ..«iui,  or  rather,  as  he  has  styleil 
himself,  secretary  to  a  convention  of  all  Ihm 
clubs  which  had  met  upon  that  subject,  ami^ 
which  bad  been  mdustriously  created  in  ' 
country,  in  every  comer  of  it.  In  that  leite  ^ 
which  will  be  proved  to  you,  Mr*  Hardy,*  the 
secretary,  states  to  Mr.  Skirting,  as  the 
Uqpse  of  Commons  have  rejected  their  nets- 
tion,  it  is  now  lime,  or  proper  to  thijak  of 
more  effectual  measures;  and  he  desires 
know  from  Mr.  Skirvmg,  and  hw  friends 
this  country,  what  these  more  effectual  i 
sures  arc. 

Mr,  Skirving  in  another  letter  which  will  1 
proved  to  you,  soon  after  answers  Mr,  1  lardy f 
letter?  I  shalJ  not  at  present  read  that  letter;  i 
wtll  bf  sv  id  TO  yon;  but,  lam  col 

V  i  need ,  y  .  k  w  h'-n  that*|iaperts  laid  I 

toreyoti,  ih^t  j^i  though  the  wmer  of  It  did  t 
at  that  time  ima^oe  it  rver  was  to  befVodlK 
:  to  th«  ei»),  r*«ii 
itaout  aschaonet  < 

had  001  oteioed  hy  avplicatkso,  wad  i 
'^^n^itioa  aa  esaablkb  » luiid  of  j 
iitir««ii,  ttt  tfai>oowitty^i 
mkht  have  the  «fim  of 


Ibe^ 


■f  f*» 


m 


Jar  High  Trtatov, 


A.  D.  179*. 


ill 


fatvt  ifid  vtokufTc,  wliat  liiev  had  been  re* 
iobieA  m  a  leg»l  conslitutioDaf  way  by  (lurlia' 

jG<atIemgn.  wc  will  also  Uy  before  you  in 
tfiiwKt^  ^   '  '    'in  Mr.  Hardy  to  Mr. 

JikirriB^  c*  Ler  1703*  a  few  weeks 

|it<idifigt:  "^ '      ^  V  t  which  took 

rill  our  rmblage  o^a 

tC4Qv^ .  - I  '">  as  the 

DlAtime  budj,  not  on  I  iud^  but 

r  tlicitJsaiids  io  Engln  ,  :  :  u^iuming 
■  the  power^  and  statmg  that  it  would 
_|lbe  jiwreeding*  of  that  legislature, 
I  it  mwb  its  object  ijid  purpose  to  dci»lroy ; 
ind  which  went  the  len^h^  at  last,  of  voting, 
at  Dooii-dMy,  s  detenu  mat  ion  not  only  to 
wittll  the  cnjcaedings  of  the  puriiameut,  but 
if  Ul*  fMtiii  '  '  do  any  one  of  a 

«Vie|jr  of  »'  had  the  audartty 

l#MrlkttULr  *       biy  resist  its 

mmim^y^  t;  t  by  superior 

I  tb*^'  j.^.iL   ,  '^*"^T1 to 

the    London  ^  v, 

totber  stjniiar  !i5soli_.  ..„,    ,.:.:  ......  ^,..w^, 

mm^M  te  «4  ta  appoint  a  secret  cuuitnittce, 
Sm  tlie  pttffoei^,  in  any  of  the  specified  ra5es, 
•fcri]fal§  iof^ether  a  convention  of  emergency 
ataflboc  tliay  kejil  j^rret,  where  the  ring- 
littlin  of  Ibat  cont^piracy  evidently,  at  that 
DHBBiit.  Ihou^ht  lliey  nhould  be  able  to  a^- 
m  a  rallying  (Hiint,  in  some  corner  of 
iliy,  Mch  a  force  as  woidd  enable  them 
\  tut  ataodard  of  reheUiun  against  the 
and  legal  authorities  of  the 

you   know,  and  we  all  of  ua 
,     -_  J  Uit  ubhged  by  our  duty  to  attend 
t |ir»c>ed4ii§a  ol  these  men,  and  who  will 
by  every  meana  in  our  power,  to 
Ufefin  tola  Utetr  most  secret  recesses^ 
►  the-  ffejnotir  of  him  who  is  %our  chief 
ma^tita'  tint  into  the  miast  of  that 

MMlIb  ilutnniaied  a^  he  may  have 

ha  li.v  <jf  [nagiitenal  authoi'ily,  by 

litt  fifi:  tttaofi  and  its  adherents,-!. 

lui^  aiijgil  II  one  end  to  the 

r*  firrfl  lawaii  :  gratitude,  which 

^for«etiitK.  a  ^    in  dispersing 

i><«iiriiilioii»  ui^  p:  It  again  pre- 

iSMfmijJe  wilL.. -,  .iiy. 

I  you  ail  reeoileetp  prosecutions 
III ag&ioat  tlioee  persons. li^f^re  the 
_<if  8c»lJa.nd»  lor  thi  cy  had 

^      it  the  law  *  id,  and 

i  ^  lum,  t^ie  nngieadi  f  s  vt   that  con- 
Ihut  ptfni?hrnrrit  which  the 
^  Sotill-  t  persons  so 

ifcwliaj^  /  r  ima^rjned, 

•  IImi '  foun^^  and   ' 

jUifgWi HywmcliflMcd  ai  uk^^.,  w^...i.  ^  ^...^ 
■M«  btn  iMMii  sftta  tttlcfliftiog  to  have 
iwiiltiid  ma  dtmm^  for  which  lonie  of  th^^ir 
OauyOKB  hfid  ao  receutlv  ^tiikirJ;  but  f 
Ml  fwrt*   t£9  you,   gciiiituicu,  tiiai  tin^ 


prisoner  at  your  bar  waa  m  member  of  that 
ronvciition. 

i*risimer, — I  was  called  as  a  witness  upon 
Skirving's  trial/  to  give  tcsliinony  lo  the 
crown. 

Lord  Advocate*^My  Lord,  I  must  prove 
liic  existence  of  a  conspiracy.  I  am  entJtled 
to  prove  Uial  this  man,  after  the  trial  (I  am 
not  trymg  him  for  any  thing  committed  be- 
fore), that  ht%  being  a  member  of  the  British 
Conventiiin,  did  persevere  in  that  course,  and 
continued  to  act  precisely  as  he  had  done 
before. 

Prisoner.— -My  lord  justice  Cicrk,  is  not 
this  pr^udicing  the  jury  against  nie  ?  Having 
given  evidence"  upon  Skirvmg^s  trial,  nothing 
of  that  convention  can  aftect  me. 

L^rd  Fretidcnt. — ^The  lord  advocate  says, 
he  does  not  mean  to  charge  you  with  any 
thing  prior  to  that  trial,  but  to  charge  you 
^'ith  duing  things  after  that  lime;  and  he  is 
enlitled  to  open  bischarge ;  that  will  not,  and 
ought  not  to  prejudice  the  minds  of  the  jury. 
The  jury  know,  though  they  must  have  a 
charge  opened,  they  are  not  to  proceed  upon 
any  charge  or  alh-gation  whatever,  on  either 
side,  till  proof  ii»  brought  forward  ;  and  they 
cannot  believe  any  thing  heard,  without  or 
withindoors,  except  what  is  established  l>y 
l*roof ;  that  every  gentleman  there  knows. 

Lord  Advocate, — I  cannot,  as  I  am  entitled 
to  do,  accuse  tliisman  of  continuing,  and  pur- 
suing criminal  measures,  unless  f  state  the 
measure  in  which  he  has  continued.  It  is 
impossible  I  can  prove  to  the  jury,  or  accuse 
him  of  continuing  in  a  course  of  illegal  I  mea- 
sures, unless  I  Slate  also  what  the  criminal 
measure  is  that  he  bus  persevered  in ;  at  the 
same  tmie,  if  your  lordships  be  of  opmion  I 
am  stilting  what  I  have  no  right,  or  am  not 
bound  m  duty  to  state  against  the  prisoner. 
I  am  far  from  wishing  to  stale  what  can  cri- 
minate him,  beyond  what  X  feel  my  duty 
to  do. 

Lord  Pretideni, — The  counsel  for  the  pri- 
soner must  he  clear  the  lord  advocate  is  gomg 
on  only  with  what  is  proper. 

Mr,  Culkn. — I'he  lord  advocate  is  only 
stating  what  happened  afterwards. 

Lord  JdtHKsie, — I  am  only  stating  what 
happened  iilWwards. 

Air.  AnUruther.^^lfihe  lorcj  advocate  states 
wliat  is  not  evidence,  the  counsel  w^ill  object 
to  the  admissibility  of  it ;  then  will  be  the 
lime  for  the  objection. 

Lord  Advocate. — AAerthe  dispersion  of  the 
British  convention,  a  number  of  persons,  who 
were  delegates  to  that  convention,  formed  a 
new  society  in  this  city,  of  which  society  this 
person  was  one,  did  continue  to  assemble  in 
♦*--  societies,  and  persevered  m  the  same  ' 
res  whicl»  was  the  object  of  the  British 

...  iiuon  to  obtain,  and  the  nature  of  which 
i  menlioiKd.  ikuig  pruhibitcd  and  prevented 
from  asscmbinig  In  the  same  mode  which 


l:.l 


MKSKOlUSi:  111. 


Trial  of  David  Dovonie 


[16 


lliiiV  Imd  Ibrnirrly  mlnplril,  tlu\v  PMlablishctl, 
111  llir  iiioiitli  ot'Jaiiiiury  IunI,  what  thev  ral- 
Ictlu  KriiiTuI  roiiiinittrr,   and  which  at\er- 
waitKuhlaiiUHl  ainoiii*  ihriiisrlvc!!  the  appcUa- 
liiiii  ut  a  roiiiiiiiltfi'  oM-iiiuii,  cuiiMstiu^  of  a 
imiiihrr  ol'  tlt'lrgatCH  chosen  hy  rarh  chib, 
inlu  whuh  tht'V   hati   pIcaMMl   to  divide  and 
hulKlividr   thiMU»c*lv«^!i,  in  Ihist  city  and  the 
lu-iKhlHiurhtKHl.  L  will  prow  they  wf  re  the 
Mine  |H*iaon^  and  tlie  most  active  among  the 
nicinliers  ol  tlie   Uriti^h  convention,  w)H>m 
the  juMice  of'  the  country  iHTinilted  to  re- 
inuui  in  it  at\cr  the  tii^d  and  mnitshment  of 
the  piinci|mt  actors.     L   >hall  snow  the  mea- 
^urv^  they  inirsiied   in  that  lonuniUec  were 
|vitx'ively*  tiie  same,    with  this  ai:i^ravation. 
that  \ou  find  them  gradually  p^Ket^lin^  fr\>m 
U'Mk  to  more,  until  they  altaimM  that  decree  ; 
of  criminahtv  which  U\l  to  a  disciwery    of ! 
ilHTir  proceedings,  andchivkcd  them  in  their  \ 
pio^ivss.     \ou>i^iU  find  It  proxei),  that,  after  > 
Mtint;(  a  ivrtaui  (ktuvI,  and  meetiu::  reiiuUrU-  , 
and  prvn:ivssi\elvt  fr\nutinie  to  tunc,  they  at  , 
l^t  Mil'divuKxl tlieniselvesiiito an  inferior  and 
Niib%»rdiiu(e  ivmmittct'.  to  ^hich  they  pive 
the  apivlUtKHi  of  a  Sib^  wmnr.tiee.  or  a  vVin-  . 
luitliv  of  \\;i^s  aihI  Means     that  this  i oni- 
on (Uv.  Ill  it>  Kviivatxui,  aiui  ::i  Us  striK-ronr. 
ik-atlx  vkiii  deiX'te  tw>>v*;i,  irat  tlnry  were  ex>- 
i;a^v\l  III  a  iWhlvrate,  ir^itUr.  and  >\su'u:auc 
Vlan,  to  subject  ihe  c^'\iTwmer.t  of  tJL^e  cx'civ 
li\     ihai  thu»  cviiuur.tee  tuul  ab^»lutc.  ui>- 
«\'A\V.vIuiVIe  aucl  KCii'V»^te  ^x-'wtr*  to  c.*L:e\'t 
^vlS\•^»  aud  :o  iii'«'f^»*e  or  •.^-l;  r.xvv>  »:i  wuicci 
W4\  •.*>:>   v^^AxxT,  jkitec   Ntilij:  j-.'^ecied.  iv: 
•tv*,*t  lix:>  s.*nj»  a'vtv,  I'u:  fr^'in  e\^ry   vjlt:  of 
S.V! .;i'A.^  w Sr :v  t.vx  wvclvi  e 6x V-a*  >    h.^ av : 
i>.v  A-0.  ci  vivtf  :r.«cc>    :juh  i.:Je  ^\vj:u::t^w 
w*>  Sv-  Jis.jcxr  c«  '.-"^f  uicix-x  :  J  Lie  ^a^   3^.>l 

U-:>.-C  '.  MS  •jt;».i!«:y    rr\  :•:!  t-V*>e   ■-■erv.-i;'*   -.>:;. 

.:  ^A'^  ,*..>«.■.•  .iviHix'i.x:  :•.'  -c  y,  -  •.'»_•  :,*  : ".e 
r\':ci  »••  iJc  '^  .V  o.  >A..^  ..i.  ^.x"  *jc  :tf»:i: 
i  j^.>»vi  a  v.",  xx  Jw:>e  :  V  •  -j-f^i  L-ci  >:;a:c  ^  2.1". 
1,'v  V.C  .•j.>4.*  *  Ls^  xr  ».:.».*  '..v  \ix;x*   >»a> 

;  ::..>i  ..*-,^»  >«:  *ti.v  .■.•  \'.x.  :.m:  :  r:>  "rra:: 
^jjk  a  -lit  :  -x-  ,'.'  :..'.i'- -s-A .■j:— .iiv  I'-'-'-v  ,>-•-'- 
•ri  :'.*x-»     .  •.    «.•-    ^    V.  ..•.!.•:.  ."•.v    :i    *»^  *.  >     **:'! 

.'V  .Mi:  ■■».■..•.. I  :i  x-ii.'.  .■  *v  ■?»i.%Jii.«."^  ^1  :•. 
*>{■.:■%.•  .'. »:  -.■.  «. .:.  *. -t*-* ■»!:■■;•  ...*.  u  *«.• 
avi«.v-* '->  •  ■•-    •'*•*  ^*''^  :  fi      .'      -ic    -.in.«.  I. 

JlVUC)     .1        a4.iJ.^'-        -.<.       i^^t'l.  "i".'^     »^       ■-'». 

^■jiiOv-Ui":'  J,    "  (••.■-OS.;* -.1.    •      ■.\\      •.\,Ax<.K'  .• 

).A%/  .•V'"H.U>  .1.1.  -tl;  -^  >  .»»  .:«.  .'LJ^C 
M>;\%.X>«lli;^-^        St     U^       •^.•Il.-i.i.'*        "iiu:      i't - 

Miuu  auu  jU|iMii4i«:<t<u  u  'aua»  .^juui;^.  sic 


conduct  of  the  supreme  criminal  court,  in 
having  presiimc<l  but  to  do  its  duty,  by  apply- 
ing tlic  established  law  of  Scotland  to  those 
persons  convicted  before  it,  by  an  impartial 
and  intclli^nt  jury.  They  ordered  100,000  co- 
pies of  an  inflammatory  address  to  be  dispers- 
eil  all  over,  and  in  every  comer  of  this  island, 
for  what  purpose  it  is  ror  you  to  determine ; 
Willi  what  attention  it  is  your  province  to 
consider :  thev  even,  with  a  trivial  excep- 
tion, went  the  length  of  voting,  in  that  society 
the  very  resolution  for  which  the  British  con- 
vention had  been  stopt  in  Edinburgh :  for 
which  Margarot  was  then  hing  convicted  in 
gaol :  for  which  the  jury  of  Scotland  had 
lound  it  their  duty  to  convict  and  punish  him. 
lientlemen,  they  also  went  the  length  of 
slating,  by  a  paper  which  will  also  l>e  laid 
befoir  you,  that  now  they  were  to  expect  no 
redrcs/,  unless  from  laws  of  their  own  making, 
not  from  the  laws  oftheir  oppressors  and  plui'i- 
derer*  :  an  expression  which  I  defy  the  most 
lenient  interpretation  to  construe  in  any  other 
9eus«\  when  connectetl  with  tho«e  circum- 
sroiH-es  I  have  already  stated,  than  a  deep 
and  d\ed  decenni nation  in  their  nuad«,  t<^ 
re*  St  the  laws  aiid  the  le«isiaiare  cf  their 
iMintry.  and  to  e*tabli*h  by  rorce  a  sovem- 
nier.t  l\\  themselves.  If  I  went  no  fanner 
:.va:i  th:««  I  sr-cuio  be  entitleti  to  say.  thai  I 
.•-aJ  preyed  tiie  nidu'tment  ocoin^t  th..«  ccn- 
vc::*e>:  :u  :: ;  f^  r  •.:  they  <u«.-v*e«cei:  m  estab- 
lis.  ::u  ar-.y  cccstitut-oi:  one  auii:cr.:y.  wai^h 
tiu-lJv  ir.vT^  t>>  e::.u:  an.:  rr.pc-w  L3*irc-wTi 
Li-><  t.-c  ":-f.i.<.:e  vV^li  i:-C   cM*u  ^iL^-rut 

ro.-..  ir.:  a*  re    >  ii:  i^-i^c^jal  ror^  ^-:.t.  :k 

:V ..'.•* s  ^- :' .vcrssT.  '.ZJi'^  :"  •:■-' c^ ..-.■::;  izc  .-: c- 

•- U' wvrj*  . :  :::.?    oer 


^' 


J^"C  Mil  ^L'i-UC.>   •* 

^;  .M.-jj  ••01: 


Ci:;.   i.'-"u   i7-.-    •    ■•»    .^i^toU.?««<^:;  i."'" 
Lvxrs»i  :■,*  c<  'JUiie.   ;  -«•::-•'  iJ»ivi.:^  ->  ztir- 

54..-.-  -'r*.»ijv.?*.-;  :•  •-":«: ':^«  tz'twi*:*!  is  .«>  ^-;l-  - 
-•..r.  -..x*  ji;>«'i;u.:  -•    *-.>;   c;rc   iiju  '::i:    itf- 

:r»-»L::  cr  "-.it.-  -^a'ui^  1  "aje  '!«4;e»i.     "^  ,ij  w. 
:»:'■:    c   .»r.' •',-:.   -ra".    i>    -nr   -iim*  lu^  iiScwi, 
»:«.      i'^rw  HvP"   tuCaa.-.i;u>   UM  ^tii.      Oil  *r:r* 

aB«inOiC'«  ih   ^'iroiK  r  i*-it,    .1  "iiK  jxiictcvur- 

^\.\.'\l  Jk  .wtMOlt*  un:  •-.itiM  "VSJiLCOUss.  TMT^f 
?j^'i;iAi>  -da*i  •as'  v-fm.'*^**  ioiitr  u  :s%:  ..'.iroe 
a  \^*i.   iau,   i*«t-    ua^.^.-iti;    av   .vuuiivT   j, 

.•.-^MtM  '%f  aiAv  Mfetf>  M-  .^tiu^  ufuoirr  "5lri:>4j 
.*JU«*«:tic*uii.  «iXit.j.^H.^*^  j«.«iniiisanik^  i  -*:«> 
use  ^k:  «««t  attOK-   <.*iiu  ^  osQctROa^.    uiti  :i)e 


If] 


J&r  High  Treason* 


A,D.  1794. 


[18 


brcMi 
I  «f  It 


■\ic  document5| 
idence  of  wit- 
Luridun,  that  200*000 
mutory  r^'Si)lullon&  were 
by  tiii>  nujfiniju^  i*nii  UaHijeroti^  iiH'ct- 
ta^  aioid  ctrciiJar  letters,  U  will  be  proved, 
ii|ped  by  H  -^ '-  '*if?  atcrclary  of  that  so 
defy,  urcrt  !>  be  sent  V>  :il)  i^iurls  of 

GreftI  Br  I  pjiqtnsr  t)i  ij^^cmbUng, 

tkitl  ci'  ^    '.■.■. II   ]M.p.r..,  !•'■.  ii  several 

s'riiL  lu  i.iiiirrijnt  places 
ti^  ami  I  hat  answers^  were  sen  I  io- 
)  iftceedin^  to  ihe  proposal  of  choosing 
^■te  for  tht^  convention «  who  was  to  be 
pndy  t*?  *^t  out,  51  •*  soon  Jts  notice  W4s  given 
t    '  '  ,  of  the  lime  and  place  of 

r  Leh  were  kept  secret  with 

itur  nn^ic^'iers,  im  liie  moment  drrivcd  when 
itiboukl  b<  Juii*;ed  proper  to  commuiticate  it. 
Gctttienien,  I   shall   prove  to  yuu^  llmt  the 
^  the   bar  W4S  a  member  oi  the 


midier 


r,.i 


tift>e 

t 


and  of  Ways  and 
u  this  city  at  that 
,  Hi  at  a  meeting  of 
vviitTc  one  uf  tliobe  letters 
liiid  before  them.  I  shall 
pfv»ii  lii  >  wu  wiuu  p4ssed  at  that  meetmg ;  I 
diail  prove  to  you,  tkiut  ;iii  answer  w^is  agreed 
li»beg^vco.  1  &tmll  prove  to  yon  that  that 
WAft  *eut  by  a  person  oi  the  name  of 
wbo  '   iKi  be  found,  but  who  is  a 

t>i'  I  iitttee;  ami  that  a  cor- 

Icoct   x^A>   ij  uke  place,  and  continne 
Mr.  llinly  and  the  person  that  was 
«clU*«  in  lht*»  committee,  of  which  the 
HM  one  cf  the  members ;    tikewise, 
lhi>  tnt)e.  in  the  month  of  Aprils 
lii  iysi  and  Means  began  to 

_  measures,  in  proseciiiioo 

^ihat  traiiorouis  nitempt,  which  had  all  along 
dcsjjy  been  liair  object;    for^  having  eiita- 
'  Uicoi«clvc*i  in  the  manner  I  have  jysl 
Mv  i4Jiied«  about  this  period,  Ihey  went  ihe 
11^,  in  the  hrst  place,  to 
in    this    country,    to 
'obedience,  and  re- 
i^  It  was  accessary 
^.,LJo  over  to  their  side, 
cm  to  sedition,  which 
.i  would  tend  to  that  end; 
while  a  reiiimenl  of  f-euci- 
r  il  iit   Dalkeith,  and  were 
\  whither  Ihey  had  vo- 
.1,  they  were  attempted 
\  mAoctd  iv  rcm^  to  go,  and  rebel  against 
ol6eiers  hv  »   pii}»<T  addreiised   to  the  i 
Mjsed  in  that  Com-  \ 
%  and  which  was  i 
ler  in  that  com    ' 
lis  prisoner  at  the 
..  ,i  person  wiio  in- 
con  veyrd  it  to  certain 
•  cut,  ukiiuii 'h,  to  the 
I  faded 
lid  it  is 
las  mun 
,  d^  trea- 


surer of  that  Committee  of  Wavs  and  Means,  ^ 
and  for  the  purpose  which  I  tornierly  staled  J 
to  you,  and  as  he  had  received  that  moneys  j 
he  actually  applied  it  lo  the  real  and  true|1 
not  to  the  pretended  purposes  for  which  it  1 
was  collected ;  and  I  will  prove  to  yon,  whati 
must  have  been  the  great  cause  for  which  { 
this  money  was  so  soliciled,  paid,  and  so  re^  j 
I  ceived  by  Mr.   Downic,  and  thut  applied  to  i 

!no  other  purpose,  can  leave  no  man's  mind  ^ 
to  doubt  it  was  as  direct  a  conspiracy  and  re* 
bellion  again?*!  the  king  and  tiie  governmenfc  ] 
of  this  country,  as  any  whirh  occurred  in  I 
I  1715  or  1745  :  tor  I  will  prove  at  one  of  thesaui 
meetings  of  the   Committee  of    Ways  ancij 
Means,  a  person,  bein^  one  of  the  five  who  f 
composed  it,  Mr.  Downie  being  one  of  tliem, 
did  propose  and  read  from  a  paper,  a  scheme,'  \ 
which  was  actually  a  plan  to  raise  an  insur- 
rection, in  llie  dcHiJ  td  the  night,  in  the  mid- 
dle of  this  city,  which  bad  for  its  object  the 
arresting  the  persons  of  your  first  magistrate^  i 
the  judges  of  the  high  court  of  justiciary,  and 
the  principal  oHicers  of  justice  ;    the  seizure 
of  the  Castle  of  Edinburgh,  the  banks,  and;^ 
public  ofBces ;  a  scheme,  in  short,  of  a  regnlar  J 
conspiracy   against  the    government  of   the  r 
country.     Five  were  present  ;—tlie  proposer- 
of  the  plan  was  one ; — of  the  other  four,  two, 
struck  with  horror  at  the  proposition,  signified 
their    disapprobation;     tlie  remaining  two,, 
being  the  prisoner  at  the  bar,  and  Mr.  Stocky 
who  were  present  in  that  meeting,  not  acci- 
dentally, or  upon  an  indificrent  occasion,  but 
clearly,  with  a   deliberate  and    treasonable 
purpose,  not  only  did  not  dissent,  as  the  other 
two  had  done,  but  proved,  by  their  conduct^ 
their  couiplele  approbation  of  it.  . 

I  shall  prove  to  you,  that  the  prisoner  af-^ 
terwards  met,  in  that  same  committee,  with 
those  same  pcrsuns  ii'i*J  alter  the  breaking 
up  of  the  committee,  at  one  ol"  these  meetings, 
concurred  in  sending  a  person  to  the  west  of 
Scotland,  to  sound  the  dispositions  of  the  dit* 
lerenl  towns,  to  which  he  was  sent,  as  an 
ambassador,  and  to  cqiimiuntcate  to  them  the 
plans  and  schenif ,  formed  by  this  Committee 
of  Ways  and  Mean^;  and  tiiai  man  was  fur- 
nished with  money  for  that  purpose,  by  Mr. 
Downie,  the  pri^oner  t  tliat  ive  returned  a 
faithful  account  of  his  misNion  :  and  that, 
when  he  reported  to  the  committee  the  result 
of  his  inr^uiriei>,  the  prison^^r  Downie  was  pre- 
sent. I  shall  prove  that  rejiort  to  be  the 
hand-writing  of  that  per>^on,  upon  reading 
which,  you  can  form  but  one  opinion,  that 
no  person  who,  acting  in  tliat  tominitlce, 
heard  that  paper  lead,  can  be  doubted,  the 
moujent  he  heard  it  read,  as  agreeing  to  the 
scheme  which  had  formerly  been  p^i^|^o<ied, 
as  much  as  if  he  had  proposed  it.  I  shall 
prove  to  you,  that  arms,  of  a  very  dangerous 
and  particular  structure,  were  ordered  by  the 
person  wim  madti  tlie  proposition  which  I 
have  just  now  stated:  that  he,  and  the  pri- 
soner at  the  bar,  employed  two  smiths,  whom 
thvY  iubtiucted  to  make  the  mi  in  a  private 

C 


10]  34  GEORGE  Ifl. 

^anil  concejiled  way  :  that  on©  of  ihem^  bring* 

'ag  lo  Ihc  other  person  some  of  the  pikebi  | 
[fpears^  ant)  battle  •axes  he  hud  made,  waj» 
on  applying  fur  puyniciit,    seut    to    Mr, 
5ownie,  and  received  the  payment  accord* 
nsly.     I  shall  prove  thut  this  city,  divided 
IWforo  into  c)uh^  ami  &QiimUt%  w&s  again  »ub- 
Idivided  by  this  rommitlee,  into  smaller  di- 
IvisiDns,  of  10^  15|Or  90  pt^r^ons  each,  under  j 
[the  command  of  the  collectors,  ^^'hom   the  ' 
leommittcc    named,    by  wliose   orders  they  ] 
ctad,  and  who  were  in  this  way  to  draw  out  | 
|tbc  people,  after  they   bad   l>een    properly  1 
rmed,  in  a  moment^  so  as  to  act  with  unaiii-  { 
ai^,  force,  and  vigour,  in  pursuance  of  the 
as  soon  as  it  was  ripe  tu  be  carried 
rtflcecution.     If  I  succeed  in  proving  all 
bisy  yoti  mayjnd^e  otherwise  ;  but  itappe^irs 
[to  me,  even  if  yon  m  ore  lo  diHer  from  me 
rith  respect  to  the  first  part  ot  the  case  sub- 
Lsiitted  to  your  tonsidumtion,  regarding  his 
cc«<;8ion  to  the  plan  of  caUm';  -  *'  --  coji- 
f'veniion,  thai  was  lo  subvert  lli  cnt, 

And  endanger  the  person  of  mu    „   v. .  ._,ii ;  — 
yet,  if  I  firove  ihfl  pre|>anntr  the  arms,  and  aH 
tlic  cLrci*m«itancc'»  f  have  jii,^t  now  dHailed, 
you  cannot  have  a  doubt,  uyon  the  authorily 
of  Mr.  Justice  Foster,  in   neing  of  opinion, 
fthat  this  [nan    has    consulted  to  levy  war 
l«nd  rebellion  againi^t  the  kingand  govemnrient 
Hf  the  country,  lor  the  pf»rp<iWof  malting  his 
najc«ly  alter  hiA  measures^  oJ  goveraoietit, 
find  the  conistitution  of  the  km^om. 

I  forgot  to  state  one  matcrMlctrcuniistance, 

Fwhich  J   shiill  albo  hrinsj  tjome  to  Mr.  tkiw- 

(uie,  beyond  the  pos^iibility  of  dispyte,  that 

"  the  above-mentioned  plan  wa**  carried 

I  excculion,  Ih*^  committee  were  to  i^sue 

elaniation,  orderini;  all  farmers,  and  the 

pople  pQ5«iC5sed  of  victuals,  hav,  corn,  and 

^HiPtil,  to  brine  them  in,  for  the  purpci^eof 

being  disposed  of  to  the  public  advantage. 

Tltiit    the    country  gentlemen  were  not  to 

leave  their  habitations  under  pain  of  death,  or 

go  more  than  three  miles  diRtanl  from  home ; 

and  ibey  were  to  send  a  proclamation  to  the 

Iking,  slating,  that  if  he  did  not  ^ive  up  the 

I  war  we  are  now  engaged  in  with  France,  and 

l^ibmi^s  his  present  ministers,  he  must  cither 

\xd  by  the  consequences,  or  the  peril  of  his 

al  would  lie  with  himself.    If  1  prove 

case,  I  leave  ii  lo  your  cansidfration 

rhat  the  result  ol  your  opinions  must  be,  and 

Iwhal  the  verdict,  which,  under  your  oalha 

lyo^t  must  gi.  1',  lookin*  to  the  saiety  of  your 

[country  on  the  one  Imna,  to  llie  just  security 

(of  your  fellow*5ul>jt!ctft   on  the  other,  ami 

kecpinf*  in  view,  as  I  know  you  will  do,  the 

'p'     '       *  '      '  tlrs  csscitliiil  to  Ihc  equal 

.i,.-  —  Uc  pr*  '.    '  '-  T^foducc  all 

ho  papers  at  once,  to  '  i  u<t»ise3  to 

ve  them,  and  ihco  rcail ^t4hcr. 

£viD£»Cli   rOR   TifJi  CftOWf^, 

If.  WUHmrn  Sci^t  (ppicumior  im*jd)   aworn. 

Mr*  Amtfwiker, — What  Are  those  paper.*, 

^l*-*TUey  an;  part  oJ  the  papers  itiut 


Trial  of  David  Dtmnic 


[SO 


^OUflH 

ihini"" 


were  foimd  in  the  possissbton  uf  Mr.  Skirving. 

Look  at  them,  ami  tell  me  whether  any  of 
them  arc  Skirving'*  hand^writing   [Showing 

him  one.]    Is  that  Mr.  Skirving's  hand-writr - 

in^f— This  letter  has  the  subscription  of  Ma^H 
Skirvinct.  ^^^H 

It  is  bis  hand-writing? — ^Th-      '        ption  tf^^ 
his  hand-writing  ;  I  have  sei  i  ik\ 

What  arc  lirese  other  p^fit*  -  .  ia^  is  a 
scroll  copy  of  the  minutes  of  the  British  Con* 
venlion,*  found  on  the  5th  of  December,  in 
consequence  of  a  search,  by  virtue  of  a  war* 
rant  from  the  Sheriff.  This  was  also  found  at 
tile  same  time.  They  were  all  found  In  bkir- 
ving's  pos-iessioii. 

All  those  papers?— AH  tbo.*c  papers. 

The    Priaontr    said,    he    hoptxl  the  C 
woiikl  consider  he  hid  been  promised,  noth 
that  passed  upon  examination  us  a  witnei>S: 
should  be  pivLH  in  <      '  L^arnsl  him. 

Mr.  C«//«n  — In  e  of  what  you 

b*ve  jufel  now  heuivi  nun.  t.ic  prisoner  al  Ihc 
bar,  I  conceive  it  to  be»roy  duty  lo  call  the  at* 
lenti^t  of  the  (rourt  to  the  circumstances  h€ 
has  suggested.  I  am  nut  perfectly  sure  if  I 
fully  uliiit^rstand  the  indictment,  fuV  i I  is  in  a 
form  I  am  little  acquamlcd  with.  In  so  far 
as  I  am  able  to  come  at  its  nuanin!|,  « midst 
th^  multiplicity  of  word**  in  which  it  is  in- 
volved, it  seems  to  me  lo  criminate  the  priso- 
ner for  hjving  been  a  member  of  th©  li-itish 
Conventwn  which  met  at  Kdinburgh,  in  De- 
cember last ;  and  in  being;  busy  to  procure  an- 
other Convention  which  never  did  meet,  but 
which,  it  is  said,  would  h»ve  been  actuated  by 
principles  of  a  similar  kind. 

If,  however,  there  be  any  crimi"^*lt^v'  in- 
tended  to  be  fi^ed  on  Mr,  Downir, 
been  a  member,  or  concerned  in 
Convention,  I  submit  lo  your  lord^hi|>9,  th 
it  is  not  eompclcnt  for  the  prosecutor  lo  bri 
in  evidence  any  facts  in  onler  to  attach  gurf 
to  tlie  prisoner  on  that  account.     In  the  pro* 
secution  last  winlcf  ngaiiiist  Margarut,  Oerrald, 
ami  others,  for  >>eiug  concerned  in  that  Con- 
vention, the  1    '  '  '  ^       1 1  IVIr. 
Uownicasa^'  -  s^ivt' 
a  fair  and  tiill  i^,  i  rri.t        ,,.v,    i   .  ^iiceive, 
that  by   Ibc  law  r>f  ihi»  cotintry,  no  person, 

adduced   in    Sll'^b    (  Jrrtmt^liiH  r  s  A*s    A  vvitni-ss, 

can,  after  hav  r  v 

heldliabfetol-  ,  i  ; 

been  concerned  m  that  alleged  cruiHmil  »»rt\ 
The  very  brinj^in:^  him  us  a  witnc^*;^  entitles 
him  to  1  d  against  any  ;  i^ 

on  that  .  i^or  vim  any  m  -, 

tending  to  5hu\v  i\\<  r  lUai  yon* 

vention,  or  of  hish  <  mcd  in  it, 

be  ...\.    -    '  -    -.^   '    :     [ 

broi  1 1 

for  '  -^  i'iy 

so  *<i   1  to  be 

90clcj.ii,  ....,...,      -    --,-,:..,.,  1  hiiiiH 


•  See  the  : 
tioti  i^refiwzd  l- 


M 

.H?^ 


fit  High  Treason, 
that  the  eviUcDoc  now  ofitred  can* 

k, — When  Dowiiie  \vas  ciamiii«d 
tsvi  thut  ocrasion,  he  receive<J  ihc 
(he  Cotirt,  that 
liung  li  c  should  mill- 

\^i  inn  uik  any  niLurtr  OCCastODp  OO 
ice  whaUvcr. 
JMru/Acr.— It  the  counsel  for  Downie 
•id  Uie  MMjiclmenl  with  can?,  Ihry 
bftf€  seen,  that  he  is  nut  iti  liiat  mdicl^ 
cbftfged  with  b^ing  a  cnerubcr  of  that 
C«orimtk>ii,  or  any  convention;  I  am  nciU^tr 
acctiiiog  him  of  th«t,  nor  tr)  uij^  liirn  for  it.  J 
jBifltf3aa$iog  him  of  {.ndeavouring  to  procurCj 
ealcmg  into  measures  to  procure  ft  conven- 
jM^  W  meet  at  a  fuiure  period^  and  of  excit- 
iof  tlie  whjects  of  his  majesty  to  &end  dele- 
gitaa  to  laacli  conrexvlion,  not  a  past  convcn- 
tlOBf  bm  m  fiilure  convenlion  ;  therefore  there 
ii  ftoiiitilg  in  this  indictment  n-hich  affert^i 
Do^nte  •!  all,  or  attenijits  to  affccl  him,  on  the 
MQiv  of  the  old  conveiitron— I  meati  that 
«&tcli  met  in  December ;  but  I  will  be  candid 
to  SAV,  that  I  dg  mean  to  give  in 
ic€  t!i^  iitlHof  the  British  Convention; 
tfj  e  for  any  thing  he  did  in 

h^  lion;    the  clmfge  against 

EAeeUiig  in  m  Committee  of  Union,  to 
emy  mi  pUaa  and  projects  for  assembling  an- 


A.  D-  1794. 


[S 


r  Bfilich  Convention,  at  a  time  posterior  to 
llie  fibfcrsion  of  the  Britinh  Convention,  and 
Hking  gw»ntff8  with  others,  with  a  view  to 
oil  aotlJMr  and  ^^imilar  convcntian,  at  a 
fomA  ibao  t#  come;  but  for  that  purpose, 
viiea  I  chamt  htm  with  having  endeavoured 
to  cill  ftoolaer  briti&h  Convention,  and  en- 
J  to  further  the  views  of  the  laU,  I 
tihow  whni  tlif  Briliih  Convention  wa% 
iill  what  t  t  that  convention  were, 

■Miiacrii  ^  I  r  Do  wnie,  but  to  explain 
Ibi  acta  be  ftybi^etfuejjtly  did. 

Mf.  AitJtruther, — Thuse  arc  the  mtmites 
cf  Ski?  [I  in  tiic  Convention  ?— Yes. 

MTli-  — Ihal  is  a  (ia(>er  found  upoii 

lit,  fiuxi^iT.     1  ht»  paper  was  along  with  it 

Mr.  Taylor  sworn, 

¥<Mi  Ihfe  m  London  i — I  do. 

?n  FIcct-blreet 
lUrdy  ? — I  do. 
I  dry  to  the  London  Cor- 

,  r  of  it?— I  was, 
what  It  was } — It  h  an  a^grt^gate 
f,  of  5   (»r  (»,000  persons  divided  mto 
30  in   number;    each  divii^ion  had 
a  4db3e«tp;     Ui<f*r^  w»ii    a    ]>ermane4it  com- 
ics;  they 
fu  oin   the 

qucu'  ':  liivi- 

^1^,  ..... 

aflba- 
aCCw 

re- 


porl  of  the  first  comraittee,  did  not  sit  any 
longer ;  llicrc  wns  lately  a  Committee  of 
Emergency.  The  Committee  of  Hevision  of 
the  C<»nstitutiou  brought  forward  a  report  of 
the  Constit\itJun,  founded  on  two  heads,— 
Firiit,  a  declaration  of  rights,  and  secondly, 
an  organitatioQ  of  that  SQciet>\  In  the  de- 
claration of  ri^litj,  in  one  article  or  section — 

I  do  not  want  to  prove  that,  but  only  they 
met  for  that  purpose  Were  you  ever  present 
Ht  a  mcvbOf;  at  the  Globe  tavern? — I  was. 

When  waf  it  ?— The  20th  January  1794, 

Who  was  pre&cnt? — Martin* 

Did  they  come  to  any  resolutions  ?— They 
did  to  several, 

Mr.  Baroft,  Norton, ^-^hstH  was  a  gene$al 
meeting?— Yes. 

How  many  people  might  there  bcf — It  was 
said  about  1|0C)0. 

Look  at  that  paper  ? — That  is  a  copy  of  the 
resolutions  that  were  then  p;i.ssed. 

From  whom  did  you  receive  that? — From  a 
person  of  the  name  of  Moore. 

Was  Mr.  Hardy  present ?— He  wa«. 

State  what  he  said. — I  called  on  Mr.  Hardy 
by  the  direction  of  Mr.  Thelwall,  who 
commented  upon  that  general  meeting;  I 
asked  him  for  one  of  these  papers  called  ad- 
dresses; he  said  he  had  none  him^telf,  but  if  I 
would  apply  to  the  secretary  of  the  London 
Corresponding  Society,  he  would  give  me  on». 
1  wailed  upon  Mr.  Hardy,  and  he  was  con- 
versing with  two  persons,  one  I  understood  to 
lie  Moore»  He  said  to  Moore  **  Have  you  any 
of  those  papers  in  your  pocket  of  the  general 
raeetinjg?"  Moore  answered,  "  I  have  not  one 
now,  if  he  will  go  with  roe  to  Princes-strcct, 
I  will  give  him  one  there."  ^^^^y  desired 
him  to  look  iinto  his  pockety  which  be  did, 
aud  gave  it  roe. 

Vou  received  it  from  Moore,  in  the  pre- 
sence of  Hardy,  as  resolutions  come  to  Ihat 
night  ? — Exactly  so. 

Look  at  that.^Thcse  ara  the  resolutions  of 
a  general  meeting  of  the  London  Correspond- 
ing Society^  of  the  1 4th  April^  at  Chalk  farm. 

Arc  they  the  same? — To  the  best  of  my 
recollection  they  are  the  same ;  there  is  a 
little  variation  in  the  wording  of  a  resolution. 

Have  you  stated  where  you  received  that 
p«per?— No,  ijir,  I  have  not.     1- received  this 

f taper  in  the  id  division,  on  the  Monday  fol- 
owing,  that  is,  on  the  2 ad  April, 

Were  you  present  at  any  meeting  at  Chalk 
farm  ? — I  was. 

Gn  what  day  ?— Tlie  Uth  April. 

What  was  the  meotiDE  Utr? — It  was  a 
general  meeting  of  the  London  Corresponding 
SocuMy. 

By  what  sort  of  summons  were  you  called  ? 
— There  was  information  prior  to  that,  giveii 
tit  the  several  divisions,  that  a  racetirig  of 
that  kind  would  talvu  place  that  day. 

Were  there  any  tickets  delivered  for  the 
meeting  ? — There  waa. 

How  matiy  people  might  be  thert?'-U  wi 
supposed  between  2  and  3,000. 


n 


U  GEORGE  IlL 


It 


23] 

Where  is  ChaJk  farm  ?— In  the  road  from  I 
Lotidun  to  Hampslead. 

Did  ihey  ever  meet  in  Store  street  ?— It  was 
proposed  to  meet  i»  a  private  room  in  Store 
street. 

Why  did  they  not? — It  was  said  they  re- 
ceived ootitf  froni  a  magistrate  to  the  man  of 
the  house,  not  tu  permit  the  meeting;  two 
persons  were  fixed  at  the  door  of  the  house  in 
Store  street,  No.  8,  witli  small  slips  of  paper, 
with  words  printed  upon  it,  "  Chalk  farm, 
Hampstead  road." 

Did  that  paper  come  to  the  committee  ? — 
Several. 

Where  did  you  receive  that  paper? — In  the 
2d  division,  on  Monday  the  21st  April, 

from  whom? — From  Hardy;  he  brought 
them  into  the  division ;  I  i^onccived  him  to 
hring  them  in  his  ofiicial  capacity,  as  secre- 
tary of  the  society ;  he  laid  them  upon  the 
table  for  the  several  members*  use. 

Was  Hardy  present  at  Chalk  farm? — He 
was  present;  I  did  not  see  him  take  any 
active  part,  hut  he  was  there. 

Who  put  those  resolutions  ^ — The  chairman. 

Who  was  the  chairman? — Lovett. 

Were    these   resolutions  come  to? — They 
'ere. 

Is  there  any  aiteralion  in  them? — ^To  the 

stofmy  recollrction,  in  one  there  is;  the 
words  that  passed  in  the  meeting,  were,  that 
the  present  ad nitnist ration,  in  advising  the 
present  proceedings,  was  giiilly  of  high  trea- 
son. In  these,  I  believe  it  is  rather  put  as  a 
ques6on,  by  saying,  arc  tliey  not  guilty  of 
high  ireasolj  by  such  advice  ? 

Are  they  tiie  resolutions^  except  that  dif- 
ference, in  the  paper  you*  received  from 
Hardy  ?-j-They  are. 

Will  vou  be  so  good  as  look  at  the  papers, 
md  tell  me  whose  hand-writing  they  are? 
^hose  hand-writing  is  T.  Hardy  ?— Having 
seen  Mr.  Hardy,  as  secretary,  frequently 
write,  in  tJie  divisions,  I  firmly  behevc  that  to 
be  his  liand-writing ;  also  that^  and  that 
[holding  different  papers] ;  and  this  I  believe 
to  be  Mr.  Hardy's  Btgnature ;  the  letter  is  in 
another  hand;  the  letter  does  not  appear  to 
be  his  hand'wnting;  this  also  is  the  signa- 
ture, but  not  the  body  of  the  letter ;  I  also 
believe  ihat'is  his  signature,  and  the  whole  of 
tliis  I  believe  to  be  his  hand-writing  [speak- 
ing of  several  papers  produced.] 

Cross^xamination. 

Where  do  you  live  ?— No,  35»  Fleet-street, 
What  is  your  occuoation  ?—!  have  no  trade. 
How  do 'you  usually   employ  yourTjeif?— I 

liave  none  btit  fur  m"     ^ '  * 

Howdoyouamu  -mlly?— I 

'  have  severAl  ways,  v..,.,  i  . ,  ;.,..,... 

Yon  say  you  are  a  member  of  the  Corres- 
[ponding  Society  ?—  I  am , 
^     Are  you  u  meiutjcr  of  any  other  societies  ? 
—No,  sir,  not  of  that  sort. 

Wh^  do  you  say  not  of  thai  sort  !^Because 
llicxc  arc  uthcjB* 


Trial  of  David  D&wnie 


\u\ 


Do  you  mean  to  say,  that  yon  were  not  a 
member  of  the  London  Corresponding  Society 
for  any  other  purpose  but  amusement?— I  h&- 
came  a  member  of  the  London  Corresponding  \ 
Society  for  no  other  purpose  but  aunisement. ' 
I  had  no  other  view ;  no  view  to  give  infor« 
mat  ion  of  what  passed  there 

How  long  were  you  a  member  of  the  Lon-  i 
don  Corresponding  Society  ? — I  became  a  | 
memijer  of  the  London  Corresponding  Society] 
the  'i  7 1  h  of  J  anuary . 

Do  you  trust  to  your  memory  for  every  thing  i 
that  passed  there  ?— I  do  not,  I  look  somie  \ 
notes  of  matters  that  passed  there  ? 

W  hen  did  you  take  your  notes? — Immedi* 
ately  on  qmiting:  it. 

Did  yoii  take  Ihem  regularly  f — I  took  theiui 
regularly  after  I  came  home, 

Have  you  your  notes  about  you? — I  have. 
Be  so  good  as  to  produce  them.— Yes,  sir/| 
That  is  a  large  volume  of  notes  ? — Yes. 
Can  you  favour  mc  with  reading  a  small' 
pari  of  tiiein,  only  a  few  lines. 

Mr.  Auilruther, — You  may  have  all  read  if 
you  plciise. 

Omntel  for  the  Defendant . — No,  sir,  I  do 
not  want  them  all  read. 

14  i7n«f.^The  first  is  at  a  meeting  of  th 
London  Corresponding  Society,  at  the  Globe 
tavern,  t Itet  street,  on  Monday,  January  20th, 
1794.  "  Mr.  Martin,  by  the  upoellaiion 
of  Citizen  Martin,  wascalltd  to  the  cnair;  he 
addressed  the  meeting  in  a  Jiort  speech,  sig- 
nifying the  intention  of  railing  them  to- 
gether, which  was  for  the  purpo*e  of  the  so- 
ciety at  large  adopting  the  several  resolutions 
that  had  l^ecn  jirepared  lor  the  occasion, 
and  which  woula  be  read  and  submitted  to 
their  consideration." 

Stop  there,  you  begin  with  a  particular 
phrase,  Mr.  Martin,  by  the  appellation  of 
Citizen  Martin, — why  do  you  say  by  the  name 
of  Citizen  Martin?  — If  I  am  at  a  loss,  ?ind 
misunderstood  the  language,  I  am  sorry  for 
it;  but  Mr.  Martin  was  not  so  cidled,  as  he 
usually  is,  Mr.  Martin,  tut  i.]iiizen  Martin. 
Is  that  common  there  ? — It  is,  sir. 
No  person  or  member  of  that  societv,  I 
suppose,  would  address  another  in  that  So- 
ciety m  that  manner? — I  beg  pardon;  that 
was  the  mode  of  address  of  every  n>embcT  of 
that  society  in  common;  and  accidentally 
meeting  in  the  street,  It  ih  common  to  addreA 
them  by  that  name. 

Have  you  alwiiys  used  the  appellation  ofCi- 
tizen  such  a  one  ?— I  have  not  Lilwuys  used  it, 
not  consideriniE  It  necessary ;  and  as  to  the 
nunuteSi  I  m^idc  Ihcm  Jbr  my  own  observation 
and  amusement 

Did  y\m  make  uw?  of  those  minutes  fur  your 
own  aifinv,  i.i,  nt^     T  thA 

And  *•  them   for  your 

own  ant ^  '  i  niVM* It  standing 

in  tlkat  sitiuiion*.  1  Kin  bektre  i^ud  and  tbjn 
high  trihimnf,  nnd  would  not  ^ay  an  untruth 
for  any  >  ^  ^*tu 

You  aade  them  for  your  own 


«1 


S^y  High  Treason* 


A.  D.  1794- 


[26 


imyicsikcnl,  ftnO  for  no  other  purpose,  and 

ynxh  ni?  ottitr  view?— No  other  view. 

'  give   no  informalion 

9^  i  I  uctions  tcr  attend  Ihc 

if  aiiil  pasi^cd  through  ej^fimma- 
vxi  asked  whether  1  had  made 
i  I  had>  ftod  I  was  desired  to  send 

L'S, 

'  Vi  nc  ;j  v%  n  (1  before  the  ffivy 

ammilf^A  '  r  13th  of  May, 

'  TcU  ^^'  Li  lame  there?— I  ac- 

ddentii'  i  on  the  street,  he  said, 

•  liat«  ^;  ..  ,,,.^...  .  g*J  to  ll»e  Globe  tavern 
m  rioet  street  f  1  have  a  ticket,  if  yoti  will 
^.  T,fjKi  nuv  he  amused/'     I  did  go. 

•dhtr, — When  was  that  ? — On  the 
itri  ^  ary      I  went,  I  made  myobscr- 

"'Hicard  M\c  res<*hjtions.  Mr.  Thel- 

reK>hitiofi5;  it  struck  roe  very 

IfSm  hh  manner.    My  friend  said, 
ItM^lter  become  a  member;  I  did;  I 
tlhmaki       '    '      i'i  any  member  in 
btimdWidual   c;  j  o    as  a  collective 

Wy.  1  found  thin  imuh  tplcs  very  different 
^om  irlal  I  was  acquainted  with  ;  I  consi- 
'y,»\  ii,..m  and  thought  ihem  persons  that 
jrium  the  constitution,    I  went 

^fl  for  the  Defendant. — Was 

ling  you  thought  so? — Not 

lueiy — aX  the  £rst  meeting  I  thought  it 

t  the   90lh  of  January 
\\Af<^  ^o  cxUemely  dif* 
'♦ '  !  nued  to  attend  ? — 

I  I  uriosity. 

4i  II >  tri;  yun  i  \c  infutmalion  to 

ivvmoietit? — I  ily  uuacmiaiiacd 

wj/ih  e^rry  j*cn*u  m.   '^^-tinmcnl  till  aftcr- 

*ther  we  rtty  well  known»  you  might  have 
iliilf  ^access  to  thctii?— Having  so  little 
IkMrvled^e  of  them,  and  being  so  IriMing  an 
aufcridim],  I  never  atlempled  it. 

Did  TOW  e^rr  n^^^rnt  to  ihc  resolutions? — I 
w»Tf  abiciitt  led  hy  the  manner  their 

rew»l«iinrt*v  J,  in  the  affirmative  or 

•t-  ot  hands. 

'  ttame  of  the  fiiend  who  in- 

tnaijrii  v(n\*—i>o  you  mean  my  particular 
ibend? — ih€ie  ts  a  ceremony  of  being  intro- 
(htcftt 

Who  introduced  you  to  the  Globe  tavern  ? 

\  you  to  the  society, — what 

lull  mduced  him  to  introduce 

ir.  Jr^ifniflfr,    What  docs  it  signify  what 

TfTfr^The  question  I  mean 

Mid)'  profess 

'    or  others  to 

^  ly,  or  become  a 

c  y  observations  to 

him,  in:rng  :     lie   novelty  of  the 

be  fc  /lit  as  wriii  become  a 

V(wn  tbe  fier/plo  who  look  you  there  en- 


tirely unacquainted  with  your  political  senti- 
ments ?^ — I  went  with  my  iriend  that  produced 
the  ticket  and  gave  it  me ; — ^he  was  en^^aged 
himself,  and  asked  if  1  would  go  to  dmncr. — 
I  conceivetl  I  was  only  going  to  join  a  con- 
vivial party. 

Did  the  landlord  or  any  body  else  pay  any 
thing  in  to  carry  on  the  society  ? — Yes,* 

Did  you?— Yes:  the  expence  was  13d,  at 
being  made,  and  one  pr^nny  at  cactrmeeting. 

Mr.  Anstnither.—Thh  gentleman  ha5  de- 
sired you  to  state  one  part  of  what  passed  on 
the  20lh  of  January,  at  the  Globe  tavern ; 
be  so  good  to  state  what  passed  then  at  that 
meeting  ? — ^*  These  resolutions  were  then 
read  by  a  young  man  who  stood  next  the  chair- 
man, whose  name  I  afterwards  imderstood 
was  Ritbter,  first  one,  then  the  other;  then 
singly,  and  the  question  was  put  upon  each 
bv  the  chairman,  and  most  of  them,  by  a 
snow  of  hands,  were  carried  unanimously/^ 

Counsel  for  Prisoner. — I  have  heard  of 
witnesses  refreshing  their  memory,  but  never 
heard  them  read  their  notes. 

Lord  Advocate. — Mr.  Clerk  ordered  him  to 
do  it — ^He  is  reading  his  journal  verbatim  by 
way  of  evidence,  just  now. 

Mr.    Baron    Norton, — His  paoers    cannot  < 
mistake,  therefore  I  think  he  hau  better  read 
them. 

Counsel  for  Prisoner, — Were  they  made  at 
the  time?— Yes;  soon  after  they  were, 
"  Mr.  Thelwail  on  the  conclusion  rose,  re- 
peated those  resolutions,  and  commented 
upon  them  in  very  bold  and  strong  language, 
recommending  their  adoption,  adding,  that  if 
ministry  attempted  to  land  any  foreign  mer- 
cenaries, or  subsidized  troops,  then  to  repel 
force  by  force." 

**  There  were  near  t,000  persons  assembled, 
500  of  which  sta)cd,  and  partook  of  a  dinner 
provided  on  the  occas^ion.  Soon  after  the 
cloth  was  drawn,  Thelwail  took  the  cliair, 
gave  several  loa^ts, — first,  the  Rights  of  Man, 
and  sung  many  Republican  songs ;  most  of 
those  3on£js  were  afterwards  printed,  and  s<dd 
by  him  ijh  the  several  divisions,  and  at  his 
lectures/* 

*'  Thelwail  aud  John  Will  jams  were  two  of 
the  stewards  on  this  occasion, — Gerrald  was 
also  present,  and,  I  believe  a  steward." 

Mr.  Anstruthcr, — 1  have  no  more  questions 
to  ask  this  witness. 

Mr,  Clerk. — Y'ou  say  you  were  examined  by 
the  privy  council,  how  came  you  to  be  ex- 
amined by  them? — I  was  sent  for,  as  many  of 
the  members  were. 

Had  you  made  any  application  to  the  mem« 
hers  of  the  privy  councti  ?— I  had  not. 

It  was  not  by  your  own  means  you  were 
sent  for  to  the  privy  council  ? — No. 

Nor  by  any  suggestiouof  yours?— No,  §tr, 

What  induced  you  to  come  down  here?—! 
heard  you  say  you  hvc  in  London,  are  you 
upon  a  visit  ?— No,  sir,  I  came  down  here 
from  the  privy  council,  with  one  of  the  kiag't» 
messengers. 

At  your  own  expense  F^ At  preacEti. 


an 


m  GEORGE  III. 


Trial  qf  David  Doiwnie  . 


Lord  AdvocMts.'^Yoa  were  there  the  t8di 
of  Mii,y?~Yes,  I  wai  eumined  before  the 
privy  council. 

Aim)  Uardv  was  Uken  up  on  the  19th )-~ 
Uu  the  19th :  Am  I  to  receive  those  two 
|iapera  now  f 

Air.  ilMTrN/A^r.^NOy  tir,  when  the  jury 
have  <looe  with  them. 

Mr.  ZaMjniH  awom. 


tS8 


liook  ftt  that  paper  tiry-^iee  if  you  know  it  ? 
-- Yeiif  air,  I  know  it  very  we]l«-*it  is  a  letter  I 
found  in  a  hook  case  in  Hardy's  house. 

Were  you  empkiyed  to  take  him  up? — Yes, 
1  had  a  warrant  iruni  the  secretary  ut  state. 

You  took  him  into  custody,  and  searched 
his  houaie } — Yen*  1  dkl. 

And  you  found  that  uaper?— Yes. 

Look  at  that,  you  found  that  at  the  same 
time? — Yes,  sir. 

l€td  ^(iMcel^.— It  is  a  letter  signed  Wil- 
Itam  Skirving,  dated  3Mh  May  1703,— he 
fytuvX  thoi»e  paven  in  Hardy^i  hou)»e,  under  a 
warrant  from  the  secretary  of  state,  and  took 
that  man  in  custody,  and  the  primed  letter 
you  will  have  read,  signed  Thomas  Hardy. 

Mr  -<lii*rriuA«rr.— What  are  you?^C>ne  of 
the  ki»);*s  messengers. 

By  virtue  of  a  warrant  from  the  secretary  of 
state*  vou  took  him  up,  and  found  these 
papers? — Yea  1  did.  i 

AinMUHikr  AUck^wn  sworn — according  to  | 
the  Scot*  form. 

Mr.  JailncrA«r.^Now  recollect  tliat  you 
are  upon  your  oath,  and  you  will  recollect  the 
consequences  of  «»tandinf  iu  that  situation. —  ' 
Look  at  thuew  papers*— m>  not  tell  me  what  ■ 
they  are;  but  whether  they  are  your  hand- 
wriUugP^The  greater  piArt  are  my  hand- 
writing. 

^how  nie  which  part  of  it  i»  your  hand- 
writing P—lhe  list,  sir,  is  my  hand*  and  all 
thetie. 

What  t2»  the  list?— A  libt  of  the  members 
uf  tlie  delegates  of  the  British  Convention. 

Was  Duvtd  L>>wuie  a  member  of  the  Con- 
>eniiou' — It'  he  was*  hi^  name  will  appear  a^ 
a  member. 

W  ere  vou  secretary  to  that  Convention  ? — 
I  was  only  acMi^tant  to  Mr.  Skirvlug,  who  w-js 
secretary. 

It  wa:»  %uur  bdsiuo^s  to  recvive  the  moiiuns 
ibac  w«re  ^iveu  in  ^^  Ihul  wa»  *^rt  of  it. 

U  thai  uame*  ^  Uaviii  Dowme,"  your  hand-  ' 
wntiug-'— [Nu  dU»wer.l 

Mr/  Cut  let .  -  You  sii  j  vou  would  produce 
thtt  proce«umg»  ur  the  British  Couveutiuo,  tu 
show  the  tuientioii  oi  th«iii,  but  «ouid  not 
!»(M>w  any  thiug  in  them  lu  >now  Uavid  Uuw- 
nie  was  ^.^Mlcerlkcd  with  them ' 

Ljrd  AduKntc. — Arler  the  am»wer  the  S^ii- 
citor  general  gave,  I  irusi  vuur  luidsiups  will 
hardly  doubt  1  am  euutied  tii  pruve  then 

Mr.  Clo-^— The  answer  nwde  by  Mr.  Soli- 
fcaswyoctal,  upoo  the  nrriiiim  ailiAd  tn*  b  ; 

ppBcable  to  the  present  oftyediaB.     We 


then  insisted  that  you  coukl  not  prove  the 
procetdingi  of  the  late  Convention.  But  we 
norw  make  a  very  different  objection,  which  is 
this;  let  the  proceedings  of  that  ConvenUoa 
be  what  they  may,  you  cannot  be  allowed  to 
prove  that  the  prisoner  was  a  member  of  it,  and 
therefore,  you  are  not  entitled  to  produce  the 
minutes  with  that  view,  or  to  take  notice 
whether  the  prisoner's  name  appears  in  them 
or  not  The  prisoner  is  not  charged  in  the 
indictment,  with  having  been  a  member  of 
the  late  convention,  nor  could  such  a  cham 
have  been  received  by  the  Court ;  because  the 
prisoner  was  examined  as  a  witness  for  the 
crown,  with  regard  to  the  proceedings  of  the 
Convention.  But  evidence,  applying  to  a 
cham  which  is  not  made,  and  which  coukl 
not  be  received  if  it  were  made,  is  totally  in- 
admissible. Neither  is  this  evidence  at  ail 
necessary  to  the  prosecutor's  case.  The  pri- 
soner is  only  charged  with  a  conspiracy  to 
form  a  new  convention,  alleged  to  be  similar 
iu  its  nature  to  the  late  Convention,  and  it  b 
said,  that  the  late  Convention  was  of  a  crimi- 
nal nature.  All  that  is  neccssarv,  therefore, 
to  be  proved,  with  regard  to  the  Lte  Conven- 
tion, is,  that  it  was  ol  a  criminal  nature ;  and 
it  is  of  no  consequence  tu  the  prosecutor's 
case,  whether  the  prisoner  was  a  member  v>f 
it  or  not 

Mr.  AmtirMtker, — I  charge  him  with  con- 
tinuing to  promote  the  views  of  the  British 
convention,  and  being  aiding  and  assisting 
towards  calling  another  and  similar  conven- 
tion ;  in  order  to  prove  what  auother  and  simi- 
lar convention  was,  1  must  prove  what  this 
was,  and  that  Downie  knew  what  it  was. 

Mr.  Ca^/en.— Mr.  An*truther's  answer  to 
me  was^  I  do  not  care  whether  iX>wnie  was  a 
member  of  the  British  Convention  or  not ;  all 
1  mean  to  show  is>  a  convention  then  met,  and 
had  certain  objects  iu  their  view,  and  came  to 
certftin  resolutions; — that  is  what  Mr.  An- 
struther  had  alone  in  his  mind :  now.  he  goes 
to  show  David  Duwnie  was  a  oiettiber  of  that 
Convention,  which  I  aoprehend  has  notbimr 
to  do  with  the  case;  and  any  tiling  ci.oceniiug 
David  Duwuie  with  the  Convention,  or  in 
that  Convention,  is  nut  now  to  be  ^ue  into 
consistently  with  the  as^u^ances  he'  received 
on  the  turuier  trials,  that  he  was  not  to  be 
brought  into  questiun  for  iL 

Mr.  JnjtfmfiMfr.— I  thought  the  objection 
made,  and  [  answered  iL 

Mr  CUrk. — It  seems  to  be  acknuwiedged, 
on  ail  hands,  that  they  went  upon  uuwarniut- 
abie  proceedings;  they  were  cnap^ed  witn 
sedituin. 

Mr.  .Jfulm/Acr.—ReiiHjve  the  witness. 

Mr.  L'Urk. — We  have  loniicnv  ueard  it 
suted,  from  the  highest  auuiunt^  un  the 
bench,  that  to  siy  a  luau  iiau  :)tvii  a  member 
uf  that  convention,  wai»  to  atcuse  rum  of  tile 
criuM  oi  9«ditiou.  But  accvniiu:^  lu  tiM  doc- 
tnnea  laid  down  since  this  court ~waa  opened, 
the  onniiuctot'tiiMt  convention  aaMmutodtna 
GiinM  somewhat   higher  tliao  sediliBB;  in 


J^r  High  Treasan* 

Mc.     Ami  the  lord  ad* 

aid,  that  the  London 

,  wilU  wtiich  the  late 

cted^  bad   tre^bao cable 

h  the  plain  ini'er- 

iilioHf  before  iU 

^iMHji,   t>i   high   treason.     It 

I  CbUuw,  that  by  pri^vtn^  the  prisoner  to 

ihfrt^  ^   rr^.  ...i.f ,   .,f  iiiLi  '  oQvention,  a 

be   proved 

>  I.  ... ,  -ed,  that  he 

ftiamasoqf  U>  t  lit.    This  is 

ilt4R|  fkiiti  ivn  ;iDd  directly 

•t  M«r^  ju  he  IWU6  exuiuuied  as  a  witness 

I  ctovm,  tvilh  rf*urd  to  the  proceedings 

B  cotline4i  I  lC  would  create  an  iiu* 

minds  of  the  jury,  and 

ijufi^i  vvliich  they  are  to 

Ltv      I  r  is  indicted  for 

un,  and  inc  jarv  ire  to  determine  by 

let,  whelhor  he  Uma  been  guitty  of 

I  ID  U  ar 

•r^dllMillier  u,' nor  lated  ni  the 

adictaKllL    Thi§i%i^'  i  i  and  perplex 

Ibt  JBfY  witii  distinction!  between  treasons 
thM^Hl  but  not  |>rovad,  and  treasons  proved 
tut  BOl  ekajgnJ. 

Mx.  .ijHl^itAer, — He  is  not  Indicted  for 
bnf  »  membcf  of  the  British  Convention,  or 
iff  Mf  tUilg  be  did  there. 

Xj*^    '^        '     '  ,so     the    question 

W9g  y.  **  Do  you  know 

ibaifli^  pii»u4irLr  ii«u  at:ct'>»  to  bc  acquainted 
villi  lliopf<M«adiiig»of  thai  fust  Convetmou  ?'^ 
Qaf«  fmt  tnj  objeOion  Uj  that  ? 
Mr.  Cmiien  and  Mr,  C?/<fril;.— No. 
Lard  Ad^9<rate.—l  have  no  ot^Jection  to  its 

^  pBi  ia  Ihjit  way— call  in  the  witness^ 
IW  Fte^idcnt, — Mr.  Aitche^n,  take  no* 
I  d^noi  mean  lo  a&k  wJiether  Mr.  Dow- 
417  ficil  a  member  of  that  Convention, 
I  pol  tills  ouf^tiim  to  you, — ila  you  know 
Wr.    bownie  hud   acce*s  to  know 
wMvareth  '>fthe  first  Convene 

tinof— Bad  tss  to  know    the 

laimBof  liv  '  itCuMvention 

V9^  !    he  had  ac- 

lo  Mtevi    *x   ii'.m    in^>^-|..ip€rs ;  and  a 


A.  D,  179i. 


[30 


CI    iir^> .^-[uipers  ; 

MnlNsr  af  people  were  visitor?;    he  might 

Ham  «Deei9;   but   whether    he   had    or  not 

I  of  It,  I  cuunottell;  he  certainly 

1^  ai.'J  th<  tnihhc  had  access. 

OojfDu  \-  » id  atcc^  yoyrself? — I 

hgrr  %cen  ) 

your  own  hand  writing?— > 

\1  ii£tc  ii.  !  ?— I  wrote  tUat  I 

IkiakifiUk:  'nion* 

Wbit  ts  UK  LlJte  ul  ilf--i  tliiiik  it  has  no 

I>»  yon  kiHMr  €kors«  Ko«^'s  hjvnd-writing  ? 
— Vea,  I  b9«i:  a  giii^  ^t  it. 

Uf.  CWii^,— .Therr  ■-   '  —  T  submit 

t>|vtfr  loiilA|iip«»  bei  tt  to  be 

d^  J4w,  aut  ofilj  of  ^^  ,L,,„  ,,  I  ,j;  uf  every 


other  country  whatever,  that  no  witness  can 
be  asked  a  question,  the  answer  to  which  may 
criminate  himself;  if  be  is  called  upon  to 
give  evidence  with  respect  to  the  proceedings 
uf  the  British  Convention,  the  answer  may 
cri annate  bimselfy  and  therefore  I  submit  that 
the  witness  ought  to  be  put  upon  his  guard^ 
and  ou^ht  to  bc  told  tJiat  he  is  not  obliged  to 
answer  any  cj^ueslion  that  he  thinks  may  have 
that  effect. 

Mr.  CUrk. — There  is  a  very  great  diOcr- 
ence  between  the  law  of  England,  and  the  law 
of  Scotland,  upon  this  subject.     In  the  Scots 
criminal  courts,  when  a  socua  criminii  ia  ad- 
duced as  a  witness  for  tl)e  crown^  he  is  told 
by  tlje  judge,  that  his  evidence  will  not  mili- 
tate a^inst  himsell^  and  eveni  that  by  giving 
his  evidence,  he  is  secured  from  any  future 
prosecution,  upon  the  facts  to  which  it  re- 
lates.*    He  is  therefore  liound  by  bis  oath  to 
tell  the  truth,  and  the  whole  truth,  without 
any  exception  of  such  truths  as  may  involve 
himself  in  the  guilt  of  the  prisoner.  It  is /port 
judicU  to  give  him  lliis   iuformalion,    ami 
every  lawyer  who  hears  me,  knows  it  is  the 
universal  practice.     But,  my  lords,  this  is  an 
English  court,  and  tlie  law  of  Eng/a/ui  is  verj 
dl&rent.    A  witness  by  giving  evidence  fof 
the  crown,  does  not  discharge  himself  of  the 
crime.    He  may  afterwards  be  prosecuted  fot 
the  same  crime,  and  there  are  even  cases,  in 
which  the  very  deposition  of  the  prisoner, 
when  formerly  examined  as  a  witness,  has 
been  used  as  evidence  in  order  to  convict  him- 
self.    This  heme  the  rule  of  English  law,  a 
witness  is  not  bound   to  speak  the  whole 
truth.     He  is  entitled  Co  m^ke  a  reservation 
of  such  truths  as  wotdd  involve  him  in  guilt; 
and  if  any  question  is  put,  the  answer  to  which 
would  criminate  him,  he  may  refuse  lo  an'iwef 
that  tjuestion.     My  lords,  I  know  it  will  b« 
said,  on  the  part  of  the  prosecutor  (1  heard  it 
urged  the  otlier  day  on  Watt- s  trial,  but  it  did 
not  satisfy  roe),  that  the  witness  himself  is  the 
best  judge  of  what  may  involve  him  in  guilt  r 
and  it  is  said,   that  if  a  witness  mi^ht  be  I 
brought  lo  trial,  upon  the  same  facts  with  re- 
gard lo  which  he  had  given  cvklence,  there  v 
would  be  an  end  lo  evidence  by  a  tociui  rrimi*  I 
nit.    With  regard  to  these  objections,  the  wit-  j 
nesa  is  no  doubt  the  ultimate  judge,  how  far  I 
he  is  in  safety  to  answer  the  questions  that  J 
are  put  to  him,     But  every  witness  is  not  &  t 
lawyer;  he  may  be  mistaken  in  his  op'mionji 
and  therefore  he  ought  to  be  put  on  his  guara  \ 
by  the  Court,    Accordingly,  my  inforraationJ 
is,  that  in  England,  it  is  held  to  be  the  duty  J 
of  the  judge,  to  put  the  witness  on  his  guara^i 
whenever  a  question  is  asked,  the  answer  t<ll 
which  may  criminate  him ;  and  after  he  is  sal 
put  on  his  guard,  he  answers  the  question  of  i 
not,  as  he  pleases-     As  to  tocii  criminis^  I  be*  J 
lievc  very  litllo  could  be  liad  in  England  fronii 


•  As  to  the  evidence  of  n  $ocm  criminitf  i 
the  notes  Vol  10, p.  TBI ;  Voh  II,  p*  lOdS,  i 
Vol  13,  p.  10^,  of  this  Collection, 


31] 


34  GEORGE  HI. 


iheir  evidence  if  they  did  not  previously  re- 
ceive such  assurances  as  they  could  rely  upon 
that  they  should  not  be  prosecuted.  They 
arc  entitJed  to  warning  as  well  as  others,  with 
regard  to  what  part  o^  their  evidence  may  mi- 
litate against  them;  but  they  may  hnd  it 
more  prudent  to  give  their  evidence,  than  to 
run  a  much  greater  nsk  from  not  ^ivuig  I  heir 
*iSvidcnce. — ^Bul  besides  the  duty  of  the  Court 
in  this  respect,  I  am  informed  that,  in  prac- 
tice, the  pnaoner's  counsel  are  allowed  to  sug- 
§e&t  to  toe  Court,  what  questions  may  en- 
auger  the  witness.  The  prisoner  has  plainly 
an  interest,  tliat  the  witness  should  not  he  en- 
trapped by  such  questions. — And  therefore^  I 
do  humbly  presume,  that  the  witness  will  be 
put  ou  his  guard  by  your  lordships,  ag;ainst 
such  questions  as  may   involve  himself  in 

fuilt,  especially  where  the  guilt  is  alleged  to 
e  no  less  than  high  treason. 

Lord  Advocate, — I  shall  not  trouble  your 
lordships  with  many  observations ;  but  one 
thing  dropped  from  Mr.  Clerk,  which  wa^, 
that  he  had  an  interest  in  the  witness  not  an- 
swering; upon  which  I  must  make  one  re* 
inark.  Whatever  may  be  the  interest  of  the 
prisoner,  or  of  the  prosecutor,  it  is  for  the  in- 
terest of  the  country,  that  the  truth  should 
prevail. — It  may  be  the  privilege  of  the  wit- 
ness, if  he  chooses,  not  to  answer  any  ques- 
tion; but  the  counsel  has  not  the  privilege  of 
telling  the  witness,  that  he  shall  not  answer 
tlic  Court  upon  oath,  if  he  pleases. 

Mr*  Cullen. — When  I  understand  the  rule^ 
1  ^hall  comply  with  it;  what  I  am  going  to 
notice,  i^  a  case  the  gentlemen  will  not  pro- 
bably have  forgot,  a  very  recent  one.  It  was 
that  of  Mr.  Purefoy  for  killing  colonel  Roper, 
tried  before  Mr.  Baron  Hot  ham,  A  queslioo 
was  put  to  a  general  ofUcer,  to  which  the 
counsel  for  the  prisoner  objected  a^  the  an- 
swer might  involve  him  in  criminahty  him- 
self; upon  long  arguments  the  judge  deter- 
mined it  would,  and  it  was  put  in  another 
slmpe. 

Mr,  Anstruiher.^l  believe  Mr.Cullcn's  au- 
thority  for  this  is  no  other  than  a  news-paper : 
it  must  be  otherwise :  it  cannot  be  doubled 
that  the  witness  m;iy  answer  if  he  pleiscs. 

Lord  Ctncf  Huron, — ^ There  is  no  principle 
more  settled  in  the  course  of  adminiMration 
of  jiustice,  than  I  hat  no  witness  is  bound  to 
crimiujile  himself  in  giving  evidence.  Jutke* 
ohvn  i^ivG  notice  of  this  to  the  witness;  Sul 
t  lie  doing  it  or  not,  is  a  mailer  of  discretion, 
which  ought  to  rest  with  the  judge,  according 
to  llie  iiiluation  in  which  the  witness  happens 
to  ivc  placed;  the  parties  have  no  tide  to 
interfere, 

Mr.  Baron  Norton, — The  principles  of  com- 
mon reason  and  law,  will  not  oblir;e  a  witness 
to  give  answers  to  criminate  hunself ;  but 
there  is  nothing  to  prevent  his  doing  it;  nor 
h  it  for  the  pn-suner's  counsel  to  make  that 
olyeclion:  the  lord  advocate  has  not  said, 
tlml  be  is  aftcrwanio  to  try  this  witness,  nor 
could  he  with  propriety  be  brought  to  trial ; 
t 


Trial  ofDavki  Downie  \^ 

he  is  therefore  at  full  libtrty  lu  speik  i»it  the 

truth. 

Mr.  Antlruther, — It  is  clear,  the  wii 
could  not  criminate  himself  in  answering 
question,  he  is  only  asked  if  that  paper 
Uoss's  hand-writing. 

Lard  President, ^In  civil  courts,  it 
times  happens  that  witnesses  are  addtieisd  to 
give  evidence,  up*in  facts  of  a  criminal  nutitrr 
between  parties  who  have  no  autls 
power  to  discharge  the  prosecution  1' 
court  of  criminal  jurisdiction,  if  any  such  s^vail 
arise  out  of  the  tacts  thus  meant  to  be  given 
in  evidence.  In  such  a  case,  and  where  the 
question  put  tends  to  draw  an  answer  which 
ma^*  criminate  the  witness  himself,  I  undcr^ 
stand  It  to  be  the  duty  of  the  judge,  to  give  no- 
tice to  the  witness,  that  he  is  at  liberty  to  de- 
cline making  an  answer  to  the  question,  on 
account  of  the  effect  which  it  may  have  against 
himself;  not  tliat  the  answer,  if  made,  could 
be  used  as  evidence  elsewhere,  but  that  it 
might  lay  a  foundation  for  his  being  prose- 
cuted, by  giving  information  of  his  own  guilt. 
But,  with  re.specl  to  the  proceetlmgs  in 
courts  of  criminal  jurisdiction,  with  which  I 
had  occasion  to  be  well  acquainted,  as  public 
proseculor,  for  several  years,  I  know  that  it  is 
common,  and  oileu  necessary,  to  admit  accom- 
plices in  the  crime,  as  witnesses  against  the 
prisoner,  otherwise  crimes  would  too  often  go 
unpunished.  But  I  always  understood  it  to 
be  a  settled  rule,  that  his  majesty's  advocate 
prosecuting  for  the  King,  could  not,  after  mak- 
mg  such  iise  of  an  accomplice,  or  socius  crimi- 
ri^s,  bring  the  witness  himself  to  trial  for  the 
same  crime.  Neither  would  it  make  any  dif- 
ference, as  very  ingeniously  suggested  from 
the  bar,  that  the  person  of  I  he  advocate  was 
changed  by  death,  or  otherwise  ;  for  in  every 
such  business,  his  majesty's  advocate  acts  oih- 
cially,  and  there  can  he  no  doubt  that  the  sue* 
cessor  in  office,  would  be  bound  by  what  his 
predecessor  did.  This  rule  stands  upon  the 
principles  of  plain  g«>od  sense,  justice,  and 
utility  ;  and  has  been  sanclioned  by  immemo- 
rial practice  with  us.  I  do  not  profess  to  have 
llvE^  same  knowledge  of  the  law  or  practice  of 
England ;  but  1  desire  to  be  iniurmcd  by  those 
who  do  know  it,  how  the  matter  is  understood 
there,  and  in  trials  such  a-*  the  present:  or, at 
leui^t,  I  desire  to  know  explicitly  from  his  ma- 
jesty's advocule,  whether  this  witness  Mr. 
.'\ilcheson,  orany  other  witness  who  may  be 
adduced  by  him  in  this  trial,  d»>cs,  or  does 
not  remain  exposed  to  be  tried  by  him  for  the 
.■jarne  crime.  If  I  receive  an  answer  in  the 
aflirmalivc,  I  shall  think  it  my  duty  to  in- 
form the  witness,  when  a  question  is  put  to 
him,  lending  to  criminate  himself,  that  he  is 
at  liberty  to  decline  aiiBwering  il.  Bui  if  I  am 
assured  that  the  wiine^js  runs  utiri^k  of  being 
prosecuted  himself,  iieing  virtually  or  expressly 
liberated  from  the  charge,  so  Jar  as  he  himself 
may  be  concerned,  in  consequence  of  his  be- 
ing called  as  a  witness,  and  spcakini;  out  the 
truth  la  this  trial,  it  will  be  luy  duly  to  IcU 


1 


SSI 
)»,tliatlji 

■  I 


Jor  High  Treason* 

to  5peak  out  Ihe  whole 
I  saietv  so  to  do. 

/ '.CSS,  Ail- 

:;  within 

u  uiiv  uc  tried  in 

uf  this  county;  as 

■  '   T  explicitly  dc- 

uiy  intetiliiin 

11 1&  iriufj'ur 

charged 

,  .  iicssiihiy 

iict%d90rjf  to    ily  j*rvviou$  to  this 

roil. — I  served  a  good  many 
jf  in  this  counlr>%  aatJ  I  af- 
1,  when  I  brought  u  »ucius  cri- 
-■\  that  my  hands  were  tied 
t-ciition  of  him  for  any  thing 
Dut  if  he  \voul<l  not  speak 
U  a  I  h  ber  ty  to  prosecute 
tlid  not  speiik  oiU ;  a 
^,.1  to  the  uar,  and  not 
Bg^  slumid  that  protect  him  from  trial 
'  offt-r.rp-  when  he  is  only  protected  tor 
ikupon  that  trial? 
— i  am  of  the  same  opinion  ; 
if  be  ttinf€:%  to  speak,  he  ia  not  a  witness; 
Iscuaj  he  put  back  to  his  former  situation. 

bmi  Adv0C4xte,^\\  i)at  the  honourablejud  ge 
lift  Mailed  ts  perfectly  right,  and  the  law. 

Mr.  A*^iinUktr. — I  helieve  that  is  correctly 
fWpnctice  in  En  Poland;  I  know  of  no  instance 
whmr  a  jwh    '  'J  a  person  who  has  corac 

Isvird  tolii:  1  given  evidence :  there 

IttPe  been  cajsc^  oi  uns  sort,  where  a  person 
«bi  b  called  a%a  witness,  refused  to  answer, 


A.  D.  1704. 


[SI 


iti'jv 


liAlcirau 


I  MIX' 


'L ... 


tooc^taoi 
ait  fairtv    : 

tbcoktj 
lutd 

&ivt)arfi 
Wont 
Iv  Ir 

]nrkr 

Kl' 
K 
D 

cs 

it- 
h 
11 


VOL 


V 
'^^   *nl  where  a  witness  has 

vc  there  is  no  instance 

d ;  although  certainly  it 

[>ardoo,  if  such  persons 

e  the  whole  truth,  al- 

ot  entitled  of  right  to  a  par- 

IV,  to  5top  the  prosecution 

t  were  a  capital  oftbnce, 

)(:h  wuuJd  hail,  in  order 

"  /  to  the  Crown. 

it  fit  to  say  a  few 

being  tlic  senior 

ourl  of  justiciary, 

ric  years,  and  had 

icc  1  came  to  the 

"  i^v  of  Scotland 

Lied,  both  by 

r  baron*     In 

111  every  country 

ivition  and  govern- 

iti   are  admissible    wilnes. 

us ;  and,  indeed,  in  many 

I  be  done»  nor  the  grentV 

K  withottt  the   aid  of 

V   few   ruses 

i  comphcuted 

■  "cncon- 

imiued; 

hy  the 

tor  the 

,,.  ^*..^  ^^^  .vcn  €Xii- , 


mined  as  a  witness  upon  tliat  crime,  to  whic 
he  had  been  av  cLs^sory,  and  who  had  not  re- 
fused to  give  evidence,  but  had  given  evidence. 
I  had  conceived  a  notion  in  my  own  mind, 
that,  if  such  an  attempt  should  be  made,  the 
judges,  who  are  to  determine  upon  the  law  of 
the  land  as  it  strikes  lhen»,  would  not  suffer 
a  person  so  circumstanced,  to  he  subjected  to 
a  trial,  and  consequently,  that  it  is  not  optional 
in  the  public  prosecutor  to  brino;  him  to  trial 
or  not,  for  that  the  court  would  interfere,  and 
prevent  such  trial  proceeding,  although  that 
case  has  not  ^el  occurred.  Here  the  public 
prosecutor  has  thought  fit  to  bring  by  subpana 
to  give  evidence,  a  person,  who,  in  the  Ian* 
guage  of  England  Js  an  associate  in  the  crime; 
and  if  tliat  person  should  say  nothing  after 
he  is  sworn,  it  would  not  prevent  him  from 
being  tried  j  but  his  giving  evidence  is  the 
thing  Uiat  must  secure  him.  I  did  not,  how- 
ever, conceive  that  the  question  now  iiut  to 
Mr.  Aiteheson,  could  have  led  to  the  aiscu^ 
siOB  of  this  point,  because  he  formerly  gave 
evidence  m  a  case  that  was  tried  upon  a  charge 
for  sedition,  respecting  what  is  called  the  Bri- 
tish Convention,  in  consequence  of  having 
been  then  told,  that  his  givmg  evidence  was 
to  secure  him  from  being  tried  for  any  crime> 
whether  under  the  name  of  treason  or  sedition 
arising  out  of  his  having  been  a  member  of 
the  British  Convention,  I  therefore  think 
there  is  no  place  for  the  objection  in  his  case  ; 
and,  with  respect  to  any  other  witnesses  who 
may  have  been  accomplices,  I  am  ofthesami^ 
opinion  with  your  lordships ;  it  is  not  compe- 
tent for  the  prisoner's  counsel  lo  object,  al- 
though the  witness  himself  may  decline  to 
answer  to  questions,  tending  to  criminate  hnn- 
self ;  but  ifne  chooses  to  answer,  and  gives  evi-  ^ 
dcnce,  I  conceive  he  will  be  secure  against  anj 
future  prosecution. 

I^rd  5tt^»W(//i.^If  an  accomplice  could  no 
be  protluccd  as  a  witness,  it  would  be  impossi* 
ble  to  discover  crimes.  When  such  a  per 
son  is  brought  to  be  examined  as  a  wit^J 
ness,  it  is  not  the  right  of  the  prisoner  td 
object  to  his  admissiblhty  upon  that  ground  ^'l 
it  is  the  ri^ht  only  of  the  witness  himself  toj 
object ;  aQ<l  if  he  docs  object,  then  the  duty  of 
the  court  is,  to  tell  him  he  is  not  hound  ta  J 
answer  any  thing  that  may  criminate  hi mself|l 
and  if  he  IS  silent  as  a  witness,  he  certainly^ 
subjects  himself  to  be  brought,  though  not  itt  j 
the  character  of  a  witnens,  yet  in  the  charao*  | 
ter  of  a  prisoner,  to  the  bar.  If,  without  obW 
jeclinL',  lie  ^hall  give  his  evidence,  it  is  thel 
tixed  practice  of  every  court  of  law  of  which  El 
have  harl  occasion  to  hear  or  read,  that  he  can*] 
not  be  brought  to  trial  upon  account  of  anj  J 
thing  he  sjiys ;  it  is  a  protection  to  him  that  ] 
he  cannot  be  brought  to  inal  upon  that  ac- , 
count;  but  I  see  no  business  the  court  crany  i 
Lot fy  else  hii5,  to  s«piLC  tlo  a  witness  that  heij 
not  to  answer  anything;  it  is  giving  him  a  hini  j 
not  to  do  his  duly  to  liis  country,  and  to  tell  1 
the  truth, — ^o  1  concur  ia  the  o^\ti\OTVgLve\\\s|j 
fhe  whoieCuurh  ^ 

D 


54  GEORGE  III. 

"Lartl  Duminnan.^1  concur  with  the  lottl 

J>residcnl  and  Ihc  icsl  of  the  Cairrt*  that  the 

Fjwisoner  anJ  the  counsel   have  no  richt  lo 

suggest  to  the  wilnesfi  that  he  is  not  bound 

"  >  answer. 

Lord  AbtrcromhU  concurred  in  ihe  same 
pinion. 

Mr.  Cltrk.—'^^y  lords,  1  see  the  question  I 
_aean  to  pn  lo  Mr  Aitchcson  will  come  more 
properly  aflcrwardi?. 

Mr  Anitfuthcr  (to  Mr,    Ailcheson).— Do 
{[you  know  George  Eoss? — Yes. 

Was  he  yovir  assistant?— He  assisted  Mr, 
Skirvin^  ;*long  with  me, 
'   See  it  yow  know  his  hand-writing?— I  think 
^hat  is  his  hitnd- writing. 

Lord  Advocaic, — The  jury  will  attend;  iVe 
Kave  proved  some  papers  which  I  mentioned, 
lud  the  clerk  ra^y  now  read  ihem. 

Mr,  Anstruther  (to  Aitcheson). — The  mo- 
Sons  thai  were  made    in    that    convention 
fwere  handed  over  to  yuii,  were  they  not? — 
Generally  while  I  wa^  there. 

Tell  us  whether  thai  i'i  one  ?— It  is. 

[Ijetters  produced  and  read.*] 

CUrk  ofArraigTta. — This  is  a  letter  signed 
liomas  Hardy,  secretary »  No*  9,  Piccadilly, 

"  •  In  case?,*'  says  Mr.  Burnett  (ch.  18.  p, 
|4Pid)  **  of  conspiiacic%  or  illegal  combinations, 
It  is  often  necessary  to  prove  the  general  con- 
ipiracy,  and  il^  namrc  and  t>bject,  by  produc- 
ing the  minutes  or  resolutions  of  the  associa- 
[tioh ;  and  Hm  is  admissible  evidence  against 
I  the  party  accused  of  being  one  of  that  con- 
I  ^piracy,  though  his  name  do  not  appear  on 
llliese  minutes  or  resolutions.    Nay,  in  such 
l^ases^  evidence  of  the  proceedings  and  resolu- 
raons  of  other  associations    connected   with 
I  them,  and  implicated  in  the  same  pursuit,  and 
Bven  of  the  correspondence,  wri tines,    and 
ii  r  individuals  connected  witli  those 

t  iations,  are  admitted  to  fehow  what 

V I  .  r  uir  general  views  and  objects  of  the  eon* 
|6inrucy  m  which  the  pristavcr  has  been  en- 

Siged,  the  etlect  of  these  circumstances  upun 
ic  case  of  the  prisoner  bein'4  left  lo  the  jury. 
I  111  the  inal  ot  Downie  and  Watt,  for  lugh 
jtrea^on>  at  Edinburgh,  in  September.  t?9t, 
[the  minutes  and  proceeding!^  of  tlie  British 
1  Convention,  and  the  papers  found  in  the  pov.- 
l*c%&ion  of  iJkirving  and  Margarot,  mcmbcra 
[pf  that  association,  were  ^iven  in  evidence 
'•^inst  the  prisonerSj  whiU.  in  th^  various 
'  r  .  ■   ■    '  r     ■  ,wl,  in 

t  ,  the 

,<  uof 
n  at 


Trial  of  David  Downte 


[36 


£itikk  isiiin  lUt  (»ri^uei,  «nJ  add^cafKDil  io 


j  and  h  dated  London,  I7lh  M^iy,  179S,  and  di- 
rected  to  Mr.  VVilltam  Skirving,  secretary  of 
the  society  of  the  Friends  of  the  People, 
Edinburgh. 

**  Sir; — ^The  London  Cone«»jionding  Society 
eagerly  seiwithe  opportunity  of  iMr  Urfjtilmrt 
going  back  lo  Eduiburgh,  to  rcqutist  ot  ynur 
society  a  renewal  of  corresjxmdence,  and  a 
more  intimate  cooperation  in  that  which  both 
societies  alike  seeJc,  viz.  a  reform  in  the  par- 
i  hatnentary  representation.     We  arc  very  sen- 
I  sible  that  no  st»ciety  can,  by  itself,  bring  about 
titat  desirable  end;  Ictus  therefore  unite  as 
',  much  as  possible,  not  only  with  each  other, 
but  with  tvt^ry  other  society  thn^tghout  the 
I  nation;  our  uctition^  you  will  have  learned, 
'  have  been  all  v(  them  unsuccesshil ;  our  at- 
i  tentiun  must  now  therefore  be  turned  lo  somO 
I  more  eftcctuul  means ;  from  your  suciely  we 
I  would  willingly  learn  them,  and  you,  on  vour 
:  part,  may  depend  upon  our  adopting  the  firm- 
est  measures,   provided    they   are  constitu- 
tional, and  we  hope  the  country  will  not  be 
behitnl  hand  with  us, 

**  This  war  has  already  opened  the  eyes  of 
many;  and,  should  it  contiime  mttch  longer, 
I  there  is  no  answering  for  its  effects  on  the 
minds  of  the  people, 

third  parties,  and  not  found  in  the  prisoner's 
possession,  or  letters  a(klrcsscd  to  the  prisoner 
himself,  though  found  in  his  custofly,  are  not 
\  admissible  against  him.  But  in  cases  of 
j  combination,  general  concert,  or  conspiracy, 
such  letters  are  admissible  evidence  lo  the 
eft'ect  of  establishing  the  general  concert  or 
I  conspiracy,  if  written  by  membtrs  of,  or  cOA- 
nectcd  with  it,  to  other  members,  wlieiher  the 
prisoner  or  third  pHrties ;  and  whether  found  in 
the  possession  ol  the  pri-w^ner  or  of  third  per- 
sons ;  and,  in  certain  causes,  even  thotigh  these 
letters  have  not  reached  the  persons  to  whom 
they  weie  luldrc^sed,  if  Ihey  have  gone  out  of 
lire  possession  of  the  person  who  wrote  them. 
In  Skirviug'scase,  January,  17*>4.  a  letter  ad- 
dressed to  him  from  l*almcr(who  had  been 
previously  convicted  of  sedition),  and  found  in 
nis  possession,  was  received  iu  eviilence;  and, 
in  the  trial  of  Hountf^  ;iiid  Wait,  h»r  high  lnea» 
son  (at  Ediii  ,ilenvbcr,  I7<>4),  letters 

from  Hardy,'  u,  lo  Margarot, Skirving, 

and  others,  and  from  thtin  Xu  Ilurdy,  were 
wittiout  objection,  produced  in  evidence.  In 
the  same  way,  in  Hardy's  trial,  in  Knetand, 
November,  1704,  a  letter  frtjni  f%  memher  of 
tin  -  which  H.ir      ^  I'd,  ad- 

dr-  ut,  then  ^h,  but 

wtsun  I  been   intcjMjmfj,   was  re- 

ceived I  of  the  genentl  conspiracy* 

*'l.C':  ■  r  "-■" '  -  *'-"  prU 

soner,  ^  nd 

K.  ...M.  ,;,^h 

IIS- 

by 

■  .  ^^  -Jc- 
hvtrcd  or  published*-' 


Jhr  High  Tteamu 

*^  Dursocietj  bw  met  with  nu  lu- 

IMI^  fii£ircftheic&s   we  i^n   on    h  in 

mm^iCiit  und  pulitical  knowledge,  Wusinoir 
j9tf  and  y<Hii  tnuive  all  success,  I  rctnuin, 
cord»l(y,  »iri  your  friend  aud   ttJlow 


*'  Tuoif  AS  HAanr,  Secretary/* 
^'  To  fie  Setrciary  of  the  wocid}^  of  the 
frkndM  pf  the  Feopic^  EdinbvrghS* 
tkrk  afJrrai^nt, — This  letter  is  HircctetJ 
•if.  iiardy;  it  h  dated  Edinburgh,  «5lh 

^Ali  Sir;  Mr.  L'rquhail  did  me 

I  piri  >  il  on  Thursday  afternoon, and 

*«rj  tter  of  the  17th  curretit ;  1 

Bi4  *  with  t  h  e  CO Dten  Is  of  i t,  and 

I  la;  riieeting  of  our  so- 

er  does  not  take 

hU     I  would  iiave 

of  your  favour  by 

u  much  employed 

io  another  lodgings 


f  If  cilhcr  you 


If  liti^ 


fu! 


l^pf- 


icctttftl 


nd,  or  we  in  Scot- 

,  arately  the  reform 

is^  10  obtain,  we  should 

-   J    ic  aur  weakness,  and 

uorance    of   the   corruiHion 

utir  lOiportant  undertaking. 

ly  the  cxlirpalion  of  one  i>el 

11  from  the  management  of 

^♦ii.  ,  i]r,i']-l:"i  iiii'jht  be  given  to 

^t,>w'iiiout  ai, LI  UiiL  lilt:  vitals  of  the 

adveidC  to    rctunn.      Thcsie   might 

ly  *ce**aipli>thrd  ;  hut  to  cut  vio  deep 

i'lchces,  to  ^ive  eJTeclual 

of  truth,  m  Ikvour  of 

'    '       ^  ''\  in  op- 

I  liabit!^, 

. .   ,»*,.^    ,.-,.  --.i„c    Uic    final 

KT  of  darkness,  is  the  work 

!    iK.t    i,[    a  niiil;  a  work    tO 

i  period,  were 

tdl  now  liis- 

ISC,  not   merely,  or  only  I 

use  of  the  common  danger 

eiJ,  hut  from  the  en- 

I livcrsal  benevolence. 

service  that  I  can  do  to 

;  rot  note  the  union  you 

■  I  am  happy  to  a.ssure 

I  to  discovered  no  sen- 

trt^^i  ttjon,  adverse  to  Ihc  most 

iU)d  broiherly  union  with  iho  aasocxa- 

r,,.J I 

minds  of  all  must,  in  the 
hj*  now  turned  lo  more  ef- 
'irui.    Not  one  person 

rirre^vilv  of  it;  tv  llu: 


^f1**;\i%'^^>f^  *    1  tmh   only  ulraid   that 
i>,  was  SO  con* 
b resit,    You 
ij  icariit  ytu  ^^,   from  m 


•I 


own  that  wc  ought  lo  be  forward  m  this* 
we  have  at  once  in  great  v^i^gm  perfected 
our  plan  of  or^am^ation,  and  if  we  were 
m  live  same  mdept^odent  state  of  mind 
as  the  people  of  Kugland,  we  hhould  bi 
able  to  take  the  lead.  The  associulioiis  wit] 
you  are  no  mort*  [  fear,— excuse  tny  freedom^ 
— tlian  an  aristocracv  for  the  guod  oi  ih<i 
people,  Tlicy  are  indeed  moderate,  iirm,  and 
virtuou5,  and  belt*.'r  cannot  be;  but  wr  arc 
the  people  themselves,  and  we  arc  the  first  la 
show*,  that  the  people  can  both  Jud^e  and  re 
solve,  if  undirected  by  faction,  with  oetJi  w*ij 
dom  and  moderation, 

*'  I  have  not  a  higfier  wish  in  the  pn  sent" 
exertions  for  reform,  than  to  see  '' 
universaily  and  re^larly  associate  <  1 
I  am  persuaded,  Uiat  the  pre^eiu  di^^a^lrous 
engagements   will    ibsue  in    ruin,   and  the 
people  then  must  provide  for  themselves ;  and 
It  would  be  unhappy,  when  wc  shoulfl  l>e 
ready  to  act  wiih  unanimity,  to  be  occupied 
about  organization  ;  without  which,  however, 
anarchy  must  ensue :  we  will  not  need  but  to 
be  prepared  for  the  event,  to  *  stand  and  *;ee 
'  the  salvation  of  the  Lord.*    Let  us  therefore 
take  tiie  hint  given  us  by  our  opposers :  let 
us  begin  in  earnest,  to  make  up  our  rnind^  ^ 
relative  to  the  extent  of  Reform  which  WM 
ought  to   seek;    be   prepared  to  justify  it* 
and  to  controvert  objections ;  let  us  tnodel 
the  whole  in  the  public  mind,  let  us  provide 
every  stake    and    stay    of  the    tabernacle, 
which   we  would  erect;  so  that,  when  the 
tabernacles  of  oppression,  in  the   palaces  c " 
antbition,  are  broken  down,  under  the  mad 
ness  and  folly  of  Ihcir  biipportcrs,  we  niayj 
then,   without    anarchy  and    all    dangerous i 
delay,     erect   at    once    our    taberoiKue    oCJ 
xiglitcousncss,  and  may  ^hc  Lord  himself  I 
in  it ! 

"  How  hurtful  to  the  feelings  of  a  reflection. 
mind,  to  look  back  to  the  wi etched  ^tate  ml 
which  the  Roman  monarchy,  enfeebled  anili 
broken  by  its  own  coTru|3tions,  left  Uie  nation*] 
which  it  had  isubjected,  like  sheep  without  f  I 
shepherd.  They  soon  became  a  prey  to  everyl 
invader,  because  tiicre  was  none  to  gather  off 
unite  them ;  had  ttiey,  foreseeing  the  evil,  a*i  J 
socialed  for  mutual  defence,  no  robber  wouldj 
have  been  able  to  enslave  them ;  they  woulcl^l 
have  given  laws  to  all  parties,  sis  well  as  torn 
themselves ;  all  separate  colonics  and  nationtl 
woukl  have  sought  their  alliance;  but  nof 
having  virtue  lo  associate  and  heal  the  divfc. 
aions,  and  root  out  the  selfish  spirit  whiclij 
ambition-fostering  governments  procure  tiil 
their  subjects,  they  fell  under  opnression9|| 
from  under  whose  iron  sccplcc  they  ha^'^J 
never  yet  been  able  to  deliver  themselves*       1 

"  We  may  suppose  an  event  which  we  de«  | 
precate,  nay  should  we  not  be  prepared  fof  1 
ever)'  oossible  issue  of  the  present  uoprecof  j 
dent'etf  divisions  of  mankind,  we  have  a  right] 
9  nsive  of  the  ahihties  of  our  m«»J 

J  so  afraid  lo  dt^it^n  ixom  \ 
cmtiit^  tiiat,  ukc  men  uJ  delaA»  vV^c^  mvy^ 


43J 


34  GEORGE  111. 


Trial  ofDnvid  l^imnU 


[41 


Tb«il  it  goes  on  ia  the  same  hand-wnUng,— 

*^  Citiseu  Gerraldt  in  an  energetic,  tind  aui* 
mated  addrc69»  tjxprtfssed  his  happiness  at  the 
motion  passed,  and  exposed  im  at  I  of  the 
Irish  parliiini     '        Ida  convention  dill, 

**  And  CI  I  'n    followed  him  in  a 

ni": '      '  >ved  the  influence  of  the 

ex  over  ihe  parliatnenl. 

V  i...v.i   .^..._.L  read  and  proposed  the 

following  I  notion ;  viz.  that  a  secret  com- 
mittee of  three  and  the  secretary,  be  ap- 
pointed»  to  determine  the  place  wnere  such 
Convention  of  Emergency  shall  meet :  thai 
audi  place  shall  remain  a  secret  with  them, 
and  witli  the  secretary  of  this  convention ; 
and  that  each  delegate  shall,  at  the  break- 
ing up  of  Hyt  present  ae&skon,  be  intrusted 
wiiki  a  sealed  irtler,  containing  llie  Dctme 
of  the  place  of  meeting.  ThU  letter  shall  be 
delivered  unopened,  lo  his  coa^Ui€i3is,  the 
receipt  of  which  bhall  be  acknowkcigad  by  a 
letter  to  the  secretary^  iireserved  in  the  same 
stat£,  until  the  period  m%\\  arrive,  at  which  it 
shill  be  deemed  necessary  for  the  dclegiite  to 
set  oft.  This  motion  was  seconded  b^v  citizen 
Moffat,  and  the  same  was  passed  unanimously. 

'*  The  following  citizens  were  nominated 
with  tlie  secretary,  a  secret  committee  on  tbis 
business;  viz.  Margaiot,  Jo.  Clerk,  and 
Browne,  and  they  were  requested  to  devjse 
the  best  possible  means  of  conveying  this  in- 
timation to  those  societies  whose  views  were 
the  same  with  ours,  but  may  not  have  dele- 
gates at  this  convention/* 

Ckrk  of  Arraigns. — This  is  a  ipaper  indors- 
ed, Mr.  S*mclair*s  Amendment  ot  iMr.  Callen- 
dcr's  Motion. 

**  That  the  convention,  considerinjg  tliecalor 
nwtousconsequences  ofan^act  of  the  fegislature 
which  may  tend  to  deprive  the  whole,  or  any 
part  of  the  people  of  their  undoubted  right  to 
meet,  cither  by  themselves,  or  by  delegation, 
to  discuss  any  matter  relative  to  their  common 
interest,  whether  of  a  public  or  private  nature, 
and  holding  the  .same  to  be  totally  iocop sis- 
lent  with  the  first  principles  and  safely  of  so- 
ciety, and  also  subversive  of  our  known  and 
acknowledged  constitutional  liberties,  do 
hereby  dechure,  before  God  and  the  worhl, 
that  we  shall  follow  the  wholesome  example 
of  former  times,  by  paying  no  regard  to  any 
act,  which  shall  militate  against  the  constitu- 
tion of  our  country,  and  shall  continue  to  as- 
semble, and  consider  of  the  best  means  by 
which  we  can  accomplish  a  real  representa- 
tion of  the  people,  and  annual  election  until 
compelled  lo  desist  by  superior  force. 

**  And  we  further  resolve,  that  the  first  no- 
tice given  for  the  introduction  of  a  Conven- 
tion oill,  or  any  bill  of  a  similar  tendency  to 
that  passed  in  Ireland  since  the  last  sc'jsion  of 
their  parliament ;  the  suspension  of  the  Ha- 
beas Corpus  act,  or  the  act  for  preventing 
wrongous  imprisonment  in  North  Britain,  and 
a^nst  undue  delays  in  trial,  which  will  ren-  | 
der  all  the  laws  for  the  protection  of  our  lives 
and  our  liberties  nugatory,  and  as  some  have 


avowed  their  intention  of  im 
iion  for  the  repeal  of  one  of  i 
of  an  invasion,  or  the  admis^MJa  oi  ;uiy  iw- 
reign  troops  whatsoever  into  Great  Hritain, 
or  Ireland, — all,  or  any  of  these,  shall  be  a 
signal  lo  the  several  delegates,  to  repair  lo 
&uch  place  as  the  conveuLion  siM  appoint; 
and  seven  members  shall  have  power  to  de- 
clare the  convention  pernjanent. 

"  Keiolved,  that  lue  dctcgatea  to  any  con* 
vention  meeting  under  any  of  th*  sr  ralacni- 
tuus    circumfe lances,  shall    i  ly    re- 

pair to  the  place  of  sitting,  an*!  iltinue 

until  the  number  be  twenty  •one,  and  Lben 
proceed  to  business. 

"The  convention  doth  therefore  rt 
that  each  delegate,  immedialely  on  his  n   j*  i 
home,  do  cunveoe  his  constituent,  and  c«* 
plain  to  lliem  the  necessity  ol' electing  a  dele* 
gule,  or  *h  '       I       II id  ot  estabhshing  a  ftmd 
without »!  ^t  any  of  thefee  eutergen- 

cics  for  lu!)  Ml  iia^r  expenses,  Hud  that  they 
do  instruct  the  s^iid  delegate,  or  delcgatea,  to 
hold  themselves  ready  to  depart,  at  an  hour's 
warning/* 

Paper  of  the  tltb  day'd  sitting  read,  dated 
30th  November,  1793. 

^'  A  motion  ot  David  Downie,  to  6nc  thofre 
members  who  did  not  attend  their  &ectionfi» 

**  Tiie  order  of  the  day  was  called  for, 

^  A  motion  tor  drawing  out  a  scroll  of  a  pe- 
tition lo  parliament,  which  being  read|  the 
order  oi  the  day  was  moved  upon  iV^ 

Paper  of  the  J2ih  Mtling  read,  dated» 
**  Monday,  ad  December,  1793,  first  year 
British  Convention. 

**  Citizen  John  Clark,  mason,in  lhechair,and 
citizens  Downie  and  Komanes,  assistants  at 
the  table. 

**  Read  the  minutes  of  the  last  sitting. 

**  Upon  its  being  raovedi  that  citizen  Smith's 
motion  ibr  petitfoning  parliainenl  be  dis^ 
cussed  iinmeaiately,  it  was  agreed,  that  citi- 
zen Smith  should  withdraw  it,  and  present 
another 

Cirrk  of  Arraigns — This  is  the  hand-wril- 
ingof  Aitcheson, 

••  Citizens  Alexander  Scott,  and  A,  Calen- 
dar moved,  that  the  British  Convei^tion  take 
uudcf  consideration  a  resolution  passed  at  the 
fast  meeting  of  the  Scots  Convention  to  peti- 
tion the  Commcns  House  of  parlLimcnl  tor  a 
parliamentary  reform. 

Citizens  James  Smith,  and  Peter  Wood, 
nioved,  that  ihb  Convent  ion  lake  under  con- 
sideration, whclhcr,  afttr  the  contemptible 
manner  in  which  the  late  petitions  for  parlia- 
mentary reform  were  treated,  they  shall  again 
petition  for  Reform,  or  at  what  period  tney 
should  recommend  the  same  to  their  consti- 
tuents, 

Li)rd  AdDQcatc^^ow  read  the  copy  of 
the  refsolulions  that  Tavlo?  proved. 

Cierk  of  Arraigns. —  rhese  are  the  general 
resolutions  made  at  the  general  meeti nj5  qf 
the  I^jndon  Corrcs^jonding  Society,  hehf  at 
the  Globe  tavem>  tlcet  Street,  on  Monday  20th 


Januiry,  4794,  citizen  John  Martin  in  the 
cbftir.  Tbc  following  address  to  the  people 
of  Great  Britain  and  Ireland,  was  read  and 
agreed  to. 

**  Citizens*— We  find  the  nation  involved  in 
a  w;ir,  by  which,  in  the  coarse  of  one  cam- 
paign, immense  numbers  of  our  countrynien 
nave  been  ulatightered,  a  vast  expense  has 
been  incurred:  our  trade,  commerce, and  ma- 
nufactures are  almost  destroyed,  and  many  of 
miT  manuKicturcrs  and  artists  are  mined,  and 
their  famihes  starving. 

"  To  add  to  our  affliction,  we  have  reason 
to  expect,  that  other  taxes  will  soon  be  added 
to  the  intolerable  load  of  imposts  and  impo- 
sitions, with  which  we  are  alreadjr  over- 
whelmed, for  the  purpose  of  defraying  the 
expenses  which  have  been  incurred  in  a  fruit- 
less crusade,  to  re-establish  the  odious  des- 
potism of  France. 

**  When  we  contemplate  the  principles  of 
this  war,  we  confess  ourselves  to  be  tmahle  to 
approve  of  it,  as  a  measure  either  of  justice  or 
discretion ;  and,  if  we  are  to  form  our  calcula- 
tion of  the  result,  from  what  has  already 
p«ssed,  we  can  only  look  forward  to  defeat, 
and  the  eternal  disgrace  of  the  British  name. 

"  While  we  are  thus  engaged  in  an  expen- 
sive and  ruinous  foreign  war,  our  slate  at 
home  is  not  less  deplorable. 

"  We  arc  every  day  told  by  those  persons 
who  arc  interested  in  supporting  the  corrup- 
tion list,  and  an  innumerable  host  of  sinecure 
placemen,  that  the  constitution  of  England 
Js  theperlection  of  human  wisdom  ;  that  our 
laws  (we  5.hould  rather  say  their  laws)  are 
the  perfeclion  of  juslice,  and  that  their  admi- 
nistration of  ttiosc  laws  is  so  impartial,  and  so 
ready^  as  to  afford  an  equal  remedy  both  to 
the  nch,  and  to  the  poor,  by  means  of  which 
we  arc  said  to  be  placed  in  a  state  of  absolute 
freedom;  and  tnat  our  rights,  and  liberties, 
are  so  well  secured  to  us.  as  lo  render  all  in- 
vasion of  them  impossible. 

••  When  we  ask  how  we  enjoy  these  trans- 
cendent privileges  we  are  referred  to  Magna 
Charta,  and  the  Bill  of  Rights;  and  the  glo- 
rious RcvoKitiou,  in  the  year  168^^  is  held  out 
tu  us  as  the  bulwark  of  British  Uberty. 

**  Citizens, 

**  We  have  referred  to  Magna  Charta  to  the 
Bill  of  Rights  and  the  lie  volution,  and  we 
certainly  do  find,  that  our  ancestors  did  esta- 
blish wise  and  wholesome  laws»  but  we  as 
fcttainly  find,  that  of  the  venerable  constitu- 
tion of  our  ancestors,  hardk  a  vestige  remains. 
I         "^  The  only   chapters  of'^  the  great  cliarter 
I     which  arc  now  in  legal  existence,  are  the  14th 
I    and  29tli, 

!        "  The  important  provision  of  the  14th  chap- 
!     icr  runs  thus  : 

"A  freeman  slmll  not  be  amerced  for  a 
small  fault,  hut  after  tht.-  manner  of  the  fault; 
and  for  a  great  taull,  after  tht-  greatness  there- 
of, saving  to  him  his  contcnement ;  and  a 
mcrcliani^  likewise,  saving  to  him  hi«  mer- 
chandise;  and  any  other's  villain  than  ours, 


shall  be  likewise  amercedi  saving  lo  him  his 
wainnge ;  and  none  of  the  said  amerciaments 
shall  be  assessed,  but  by  the  oath  of  honest 
and  lawful  men  of  the  vicinage. 

**  But  by  the  usurped  power  of  the  judges  in 
assessing  fines  (and  what  fines  I !)  in  the  cases 
of  raisdemeanor,  this  glorious  right  of  the 
fubject^  of  having  these  fines  assessed  by  the 
jury,  (the  only  possible  protection  from  sla- 
very, and  the  vilest  oppressiod)  ii  unjtistly^ 
and  infamously  ravished  from  us." 

*•  The  provision  of  the  aQth  chap,  nmft 
thu&: 

**  Na  freeman  shall  be  taken  or  imprisoned 
Of  be  disseised  of  his  freehold  or  liberties,  or 
free  customs,  or  be  out  la  wed,  or  exiled,  or 
any  otherwise  destroyed ;  nor  we  will  not  pass 
Mpon  him,  nor  condemn  him,  but  by  the  iaw^ 
ful  judgment  of  liis  peers,  or  by  the'law  of  the 
land;  we  will  sell  to  no  man,  we  will  not 
deny  or  defer  to  any  man,  either  justice  or 
right. 

**  The  various  methods  now  in  constant 
practice,  by  which  the  benefits  of  this  prori- 
sion  are  totally  defeated,  and  destroyed,  might 
induce  us  to  suppose  that  the  great  charter 
has  been  repealed,  if  we  did  not  assuredly 
know  it  ii*  the  fundamental  basis  of  our  con- 
stitution, which  even  the  real  representatives 
f)f  Ihe  people  (much  less  the  miserable  nomi- 
nees ot  Hclsloneand  old  Sarum)  have  not  tlie 
right,  nor  (as  we  tnis^t  H  will  be  found  by  ex- 
pericnce)  the  power  to  repeal ;  yet  what  do 
we  inntl  in  practice  ?  unconstitutional  and  ille- 
gal mforniatlons,  ex-ojjicio ;  that  is,  the  arbi- 
Uury  will  of  the  king^s  attorney  general, 
usurping  the  office  of  the  accusing  jury,  and 
the  interested  oath  of  a  vile  common  infor- 
mer, with  the  judgment  of  as  vile  a  common 
trading  or  pensioned  justice,  substituted  in 
Uie  room  of  our  birth-right,  and  impartial 
trial  by  oUr  country. 

•*  Add  to  thi*,  tliat  the  exorbitant  expense 
of  judicial  proceedings,  the  novel  practice  of 
arbitrarily  aud  repeatedly  aniiuiling  the  ver- 
dicts of  juries,  ana  the  dilatory  practice  of  the 
courts,  uiost  openly  and  shamefullv  contradict 
the  clavise  which  forbids  the  dcuial,  the  delay, 
and  the  sale  of  justice. 

**  A  man  accused  of  felony  (for  which,  by 
the  common  law  of  England,  his  life  and 
goods  are  forfeited)  may  be  bailed,  on  finding 
two  securities  for  40/.  each,  but  upon  a  charge 
of  misdemeanor,  by  words  only,  bail  to  the 
amoiml  oi  t,CM>0/.  has  been  demanded. 

"  Upon  conviction  also  for  such  misdemea- 
nor, enormous  fines,  long  and  cruel  tmpnson- 
inents,  unknown  to  our  ancient  Iliws,  and 
unsanctioned  by  any  new  statutes,  have  <rf 
late  (and  but  of  late}  been  too  frequently, 
and  too  oppressively  infiicted,  ami  all  this,  al- 
Ihongh  by  thiv  Bill  of  Rights  it  is  declared 
that  exrcHsive  bail  shall  not  be  demanded,  oor 
cruel  and  unusual  punishments  intlicled. 

»*  If  we  look  to  Ireland,  we  find  that  ac- 
knowledged privilege  of  the  people,  to  meet 
for  the  support  and  protection  of  their  a%ti.^ 


«7]  34  GEORGE  UL 

«]id  liberties,  is  attempted  by  terror  to  be  to- 
Icco  away,  by  a  Jute  infamous  act  of  parlia- 
.meut,  whibt  titles  of  honour— no,  but  of  dis- 
honour are  lavished,  and  new  sources  of  cor- 
rufition  opened,  to  gratify  tbe  greedy  prosti- 
tution of  those  wbo  are  the  instruments  of 
this  oppression. 

**  In  Scotland,  tbe  wicked  band  of  power 
has  been  impudently  exerted  without  even 
I  Jibe  wretched  foraialilyofanact  of  parUament, 
^lagistrales  hiive  forcibly  intruded  into  the 
jieacehil  and  lawful  meetings  of  freemen,  and 
by  force  (not  only  without  law  but  against 
I  law)  bavCf  under  colour  of  magisterial  office. 
Interrupted  their  deliberations,  and  prevented 
their  association. 

**  The  wisdom  and  good  conduct  of  the  Bri- 
tish Convention  at  Eainburgb,  has  been  such 
l«s  to  defy  their  bitterest  enemies  to  name  the 
I  law  which  they  have  broken ;    notwithstand- 
ing which,  their  papers  have  been  seized^ 
I  made  use  of  as  evidence  against  them,  and 
umy  virtuous   and  meritorious  individuals 
we  been,  as  cruelly  as  unjustly,  tor  their 
rirtuous  actions,  disgraced  and  destroyed  by 
Itufamous  and  illegal  sentences  of  transporta- 
.  tioo,  and  these  unjust  and  wicked  judgments 
have  been  executed  with  a  rancour  and  makg- 
nity  never  before  known  in  this  land.      Our 
i-tespectable  and  beloved  fellow  citizens  have 
^■heen  cast^  fettered,  into  dungeons,  amongst 
I  Telons  in  the  hulks,  to  which  they  were  not 
|«ntenrcd. 

"  Citizens;— Wc  all  approve  the  sentiments, 
I  *nd  arc  di:  tng  ihe  words,  for  which 

'.these  our  r<  and  valuable  brethren,are 

kthus  unjustly'  ;uid  inhumanly  suffering.  We 
loo  associate  in  order  to  obtain  a  fair,  free,  and 
[»full  representation  of  the  people,  in  a  house 
lofreal  national  representatives :  are  we  also 
WiUing  to  he  treated  as  felons,  for  claiming  this 
I  our  important  right,  which  we  are  determined 
Ifliever  to  forego  but  with  our  lives,  and  which 
T'liooe  but  thieves  and  traitors  can  wish  to  with- 
^bold  from  us  >  Consider,  it  is  one  and  the 
same  corrupt  and  cornipting  influence,  which 
It  this  lime  domineers  in  Ireland,  Scotland, 
ad  England,  Can  you  believe  that  those 
fiwrho  send  virtuous  Irishmen  and  Scotchmen, 
lettered  with  felons,  to  Botany  Bay,  do  not 
dilate,  and  will  not  attempt  to  seize  the 
nt  to  send  us  after  them  ?  Or,  if  we 
It  cause  to  apprehend  the  same  in- 
^treatment,  if,  instead  of  the  most  im- 
snl  danger,  we  were  in  perfect  safety 
'^*    -«-.-■",.      ■,,-.':-  ^^.  >,  ,    ■  ,,.  ^ny 

r  ho- 


ur vlikvcry  i^t  ouia«lv«o 


Trial  of  David  Dc/umie  [48 

and  our  posterity ;  will  you  wail  till  barnw.kj 
are  erected  in  every  village,  and  till  subbidixed 
Hessians  and  Hanoverians  are  upon  us  f 

**  You  may  ask,  perhaps,  by  what  meaDS 
shall  we  seek  redress  ? 

**  We  answer,  that  men  in  a  state  of  civi- 
lized society  arc  bound  to  seek  redress  of  their 
grievances  from  tlie  laws,  as  long  as  any  re* 
dress  can  be  obtained  by  the  laws-  but  our 
common  master  wlkom  we  serve  (whose  law 
I  is  a  law  of  liberty,  and  whose  service  is  per- 
fect freedom)  has  taught  us  not  to  expect  to 
eatber  grapes  from  thorns,  nor  6gs  from  thist^ 
les ;  we  roust  have  redress  from  our  own  Jaws» 
and  not  from  the  laws  of  our  plunderers^  ene> 
mics,  and  oppressors* 

"  There  is  no  redress  for  a  nation,  circum- 
stanced  as  we  arc,  but  in  a  fair,  free^  and 
full  representation  of  the  people/* 

"  Resolved, — That  during  the  ensuing  ses- 
sion of  parliament,  the  general  committee  of 
this  society  do  meet  dail>',  for  the  purpose  of 
watching  the  proceedings  of  the  parliament, 
and  of  the  administration  of  the  government 
of  tliis  country ;  and  that,  upon  tJie  first  in* 
troduction  of  any  bill  or  motion  inimical  to 
the  liberties  of  the  people,  such  as,  for  land- 
ing foreign  troops  in  Great  Britmn,  or  Ireland, 
for  suspending  the  Habeas  Corpus  act ;  for 
proclaiming  martiai  law;  or  for  preventing 
the  people  from  meeting  in  societies  for  coiw 
stitutional  information,  or  any  other  innovar 
tion  of  a  similar  nature;  that  on  any  of  these 
emergencies,  the  general  committee  thaU 
issue  summonses  to  tbe  delegates  of  eacli  divi- 
sion,  and  also  to  tbe  secretaries  of  the  differ- 
ent societies,  affiliated  and  corresponding 
with  this  society,  forthwith  to  call  a  genenu 
convention  of  tfie  people,  to  be  held  at  such 
a  place,  and  in  such  a  manner  as  shall  be 
specified  in  the  siunmons,  for  the  purpose  of 
taking  such  measures  into  their  considera- 
tion. 

**  Resolved,— That  the  preceding  address 
and  resolution  be  signed  ty  the  cbairm&ai 
and  printed  and  published. 

•*  J.  Maftin,  chairman. 
**T.  Hardy,  secretary." 

"  At  a  general  meeting  of  tlie London  Cor- 
responding Society,  held  on  tbe  green  at 
Chalk  Farm,  on  Monday  the  14tb  of  April, 
1794,  J.  Lovclt  in  the  chair, 

(The  following  letters  were  rcad»] 

"  To  tbe  chairman  of  the  society  of  the 
Friends  of  the  People." 

**  Sir ;— At  a  crisis  so  important  as  the  pre- 
sent, there  needs  ""     *    I.--.     ..,♦•- ^i  q( 

the  London  Corr.  Mi- 

dressing  itself  to  aL  ^...^-  .i..,^,. ;..,-.!  ...^,^ucs 
who  have  in  view  the  same  object  as  them- 
selves. 

*•  To  the  soiicly  of  tbe  rricudj*  of  the  Pco- 
pli-  fij -uuRnJ- are   not  w;inilnr>  to  show  tbe 

a  fuU 

!  Grc*t 

BuUiu.    ib€y  biive  mvcs^ug^ka  lae  lubjeci 


J 


m 


Jbr  High  Treason* 


§9i  ttoDJetvfs;    iHe^  have  <k  paged  to  the  | 
iporld  ft  scries  of  plaio  mid  mdiaputahle  fkcts,  | 
irbkll  fuuit  enclle  in  the  mind  of  every  man, 
•tildiipov^  lo  hx%  t<ni\\\ry,  apprehensions 
•f  ftfafm  (or  the  security-  of  the  xeyt  remain- 
ta|  veiiiges  of  hberty,  Xmni  which  as  Britons 
lit  derive  c«  I 
^  Dc^ly  with  considerations  of 

"'isiUt   ■  : I  Corresponding  Socie* 

it   lhi!»  lime,  the  con- 

.A     iLr.     .r.  u*1v   of  the 

MEmUorili  specdi- 

IfMllie  nm  1  admit, 

tOOtnrtcfitioii  I  cuds   ot  Freedom,  for 

r|Kifp«Mir«  n^,  in  a  legal  und  con- 

Qjcihodi  tt  mil  and  effectual   re* 

•Owr  Is  not  nmde  from  the  im- 

ijgMioii  .iioment,  bnt  af\er  the  ma- 

l«»Hklibtiatj*Ln  on  the  value  and  import- 
Met  <iC  the  object  for  which  we  are  contend* 
*^  ,  MmI  of  the  difhcitlties  we   may  expect 
Iboae  who^c    pre  Hen  I   in  t  tresis   render 
I  jj^t.i.,  i..  *),.,  ...Jt  ,,.>  oniit'ir  tuuntry, 
••  Thi  i*crsons  is  no  small 

*!'  our  cause;  and 
•  k '  ni pared  w ith  their 

■  [  -  a  depravity  un- 

pBftOeled,  ivc  ini^  nx  liic  ptige  of  histoiy. 

•*  lloiler  llic  a^l«picr*ofapo^tate  reformers, 
%tbive  lately  beheld  serious  and  alarming 
aQ«ichff%rf}t^  on  the  liberties  of  the  people. 

*•  Wc  '  rj,  with  finhgnalion  and  hor- 

Mti  li»f :  and   ptateably  assembled, 

W(nt>a   !>y    ttnconstitutionai  'powers^   and 

•We^ --    '  niir  most  virtuous 

ytlbft  has  been  an  imi- 

totifiil  V  !Sso«jia1es,  fecnten- 

cai  to  .ion,  without  the 

uf  prccedc!nt,    of 
r  one  wa^  heh*  up  in  the  British 
pnt,    a%     convicted  and   condemned, 
I !  Mjpon  bis  trial 

'  Tl>*  nipt*>  aljo  to  introduce 

\  Uu^^  \uU^  Ibis  country,  witht»ut  the 
lOKl  of  l*»rhameiit,  and  the  intended  bill 
Bil^''  (lis  miijesty*s   ser- 

\  «»i  ully   calculated  to 

iL^i  IMF  mr  f  xislcncc  even  of  the 

■e  t  nor  can  we   overlook   that 

lui  u-  ,  •  ^*   '"rcorniplion.  which 

nldfi^,  '  phmder,  a  tmia 

wmii  ^  •  society  than  so 

iiiAMkiis,  ^'^ed  bttsinessisi  to 

thi  firiei)  country,   one  by 

•  TbeNi  mtm  gri«vaiices  which  demand  im- 
Bcdalc  redrew  ;  and  when  added  to  those 
m^  vltfch  Rfp  nt-<c«^*'UF!ly  connected  with 
•ftrjr   '  ri   of  the   people, 

■ft  fc»T  ^m  of  every  lover 

if  l«icv.Hj(jiLry 

**  iWt  mti.  are  VtM  thai  the  present  Is  not 
te  tviw  icir  rduffTOi  and  that  in  novation  may 
Wm^mm  itftoHioiiix*  Arc  those  persons  U> 
J^p  «C  llw  ptoprr  tixue  to  make  a  reforoa^ 

VOL  XMV. 


A.  D.  im. 

who  exist  only  by  corniption  ?  Are  the  people 
of  Britain  to  endure  every  thing  without  re- 
pi  umg,  witbuul  ardently  seeking  a  radical  re- 
form, because  disturbances  may  happen? 
Have  the  enemies  to  reform  told  us  whence 
th^se  disturbances  aro  to  orit^iuate  ?  Has  a 
*u)^ie  overt  act  been  committed  by  the  triends 
to  iVecdom  }  Have  not  all  the  riols,  all  the 
public  disitr'    ■  nil  the  sedilions  asseni* 

lilies,  bc^ti  ihc  enemies  to  reform? 

-^And  do  I...  .  .,.,...;  to  tell  us,  that  they  will 
still  find  other  instruments  for  their  wicked 
designs, — thai  they  have  yet  tboHe  who  will 
act  over  a^aiii  the  outrages  that  have  beea 
perpetrated  in  some  parts  of  Dntain,  and  at- 
tempted in  others  ? 

**  If  such  is  the  determination  of  these  per* 
sons,  hostile  to  a  fair  representation,  let  them 
look  to  the  consemienccs :  but  let  them  recol- 
lect, that  it  has  nappened,  and  may  happen 
again,  that  those  who  kindled  the  flames, 
haveperishcd  by  them. 

"  The  Friends  to   Reform,  are  friends  to 
peace ;  their  principles  can  be  promoted  only 
ny  peaceable  means ;  they  know  of  no  other 
method  of  obtaining  the  object  they  desire.  ' 
But,  they  will  not  be  alanntd  by  the  threats  | 
of  venal  apostates;  they  wiN  not  drawback, 
because  they  have  seen  some  of  their  best  | 
friends  doomed  to  exile.    They  will  pursue 
the  course  in   which   they  have  begun,  and 
turn  neither  lo  the  right  nor  to  the  left, 

•*  Convinced,  as  the  London  Corresponding 
Society  is,  that  as  there  is  no   power  whicn 
ought,  so  there  is  no  power  which  can  finally  i 
withstand  the  just  and  steady  demands  of  ft  j 
people  resolved  to  be  free;  ihey  will,  there- 
tore,  look  with  confidence  to  the  determina-  ^ 
tioUj  and,  they  hope,  lo  the  co-opcraticn  of 
the  soriety  ctthe    Friend-i  of  the   People,  ia 
the  altiiinnienl  of  an  object  which   involve* 
the  dearest  interests  of  society. 

"Convinced,  also,  that  their  intentions  are 
of  the  purest  kind,  they  will  never  stoop  to 
answer  the  calumnies  of  their  enemies;  but  < 
will,  at  all  limes,  and   in  all  circumstances, 
endeavour,  by  firmness  and  perseverance,    to  i 
deserve  the  countenance  ana  appr<jbation  of  ^ 
the  best  Iriends  of  their  country,  the  friends 
of  a  fair  representation  of  the  people  of  Great 

Britain. 1  am,   Sir,  —lor  the  Londoa 

Corresponding  Sociciy» 

<*  April  4.  1794.       Thou 4^  Hardy,  sec.^ 

"  CmmitUt  Hoowi*,  FHtk  Street, 

'*  April  nth  1794. 
**  Sir  ;^ Your  letter  of  the  4th  insUnt,  ad- 
dressed to  Mr,  Sheridan,  Chairman  of  the 
Friends  of  the  People,  was  laid  before  the 
society,  at  their  meeting  on  Saturday  last : 
and  they  inslrnried  their  committee  to  thank 
tlie  London  Corresponding  Society  for  their 
communication,  and  to  express  the  alarm 
they  feel  in  conmion  with  every  friend  of  h- 
berty,  at  tlie  late  extraordinary  proceedinaj 
of  governmput,  so  ably  delaileiL  Jvnd  so  juwjfl 
reprobated  by  your  society. 


U  GEORGE  IIL 

"  They  assure  you,  lUat  all  the  Friends  of 
Refortt]^  may  look  wilh  coutidence  to  the  dc« 
tennlQatioD  and  CO  opemUun  of  this  society^ 
ill  every  peaceahlo  and  cunslitutional  mea- 
sure, which  shall  appear  to  them  calculated 
to  promote  the  object  of  their  iDSlitution ;  but 
t^ey  do  not  think  that  which  is  recommended 
in  your  letter,  is  likely  to  serve  its  professed 
purpose.  Tliey  fear  it  sv\\\  furnish  the  ene- 
mies af  reform  wilh  the  mean^  of  calumnia- 
ting its  advocates;  and  so  far  from  forward- 
JAg  the  cause,  will  deter  many  from  coun- 
tenancing that  wliicb  they  approve:  For 
these  reasons,  the  Friends  of  the  People  mual 
decline  to  scifd  delegates  to  the  convention 
proposed  by  the  London  Corresjiondin^r  So- 
ciety :  At  the  same  lime,  they  renew  their 
assurances  of  good  will,  and  desire  of  pre- 
serving a  proper  understanding; and  cordiality 
among  all  the  friends  of  parliamentary  rc- 
fornij  no Iw ah 8 lauding  any  difference  of  opi- 
nion that  may  occur^  as  to  the  best  method 
of  accomplishing  It.  In  name,  and  by  order 
of  the  committee. 

"  VV.  B a ETOK,  chairman, 

"To  Mr.  71  Hardy,  sec.  to  the  Lon- 
don Corresponding  Society.'* 

"  The  fol lowing  resolutions  were  then  passed 
Uttimmoudy : 

*'  Resolved  unanimously, 

Ibt,  "That this  society  have  beheld,  with 
ming  indignation,  proportioned  to  the  enor- 
mity of  the  evil,  tiie  late  rapid  advances  of 
despotism  in  Britain ;  the  invasion  of  public 
security;  the  contempt  of  popular  opinion, 
and  llie  violation  of  all  those  provisions  of 
the  constitution,  intended  to  protect  the  peo- 
ple against  the  encroachments  of  power  and 
prerogative, 

^d,  "  That  our  abhorrence  and  detestation 
have  been  particularly  called  forth,  by  the 
late  arbitrary  and  flagitious  proceedings  of 
the  court  of  justiciary  m  Scotland,  where  all 
the  doctrines  and  practices  of  the  star-cham- 
ber^ in  the  times  of  Choites  Ist,  have  been 
revived  and  aggravated,  and  where  sentences 
Jiave  been  pronounced,  in  open  violalion  of 
all  law  ana  justice,  which  must  strike  deep 
inlo  the  heart  of  every  nmn  the  mcluntiholy 
conviction,  that  Brilons  are  no  iongcr  lr*re. 

3d, "  That  the  whole  proceedings  of  the 
Jatc  Britisb  convention  of  ihc  people  at  Edin- 
Vurch,  arc  such  as  claim  our  approbation  and 
applause* 

4lh,  "That the  conduct  of  citizens  Mar- 

[  guot  and  Gcrrald,  in  particular,  by  its  strict 

[  conformity  with  our  wiahc5  and   instructions. 

and  the  ability,  fairness,  and  disinterested  pa- 

liiolism  which  it  so  cnuncnily  displayed,  has 

inspired  auenlhusidsm  of  zeal  and  attachment, 

'  fvhich  no  time  can  oblilrrate,  and  no  prosecu- 

rcmc»v<»;and  thai  ^c  will  preserve  their 

c>i  engfuven  on  our  heatrls,  till  wa  have 

ft  opiwrttniity  to  redress  their  wrongs. 

5tli,  '"^  Thai  any  attempt  to  violate   those 

jcmaiiiuig  law*,  which  are  iiitcnded  lor 


Trial  of  David  Dcmnit 

the  security  of  Englishmen,  against  the  tyran- 
ny of  courOf  and  minister*,  and  the  corrup- 
tion of  dependent  judges,  by  vesting  in  such 
judges  a  legislative  or  arbitrary  power  (such 
as  has  lately  been  exercised  by  the  court  of 
justiciary  in  Scotland)  ought  to  be  considered 
as  dissolving  entirely  the  social  compact  be* 
tween  the  English  nation  and  the  governors, 
and  driving  tiiem  to  an  immediate  appeal  t# 
that  incontrovertible  maxim  of  eternal  justice, 
that  ihe  safety  of  the  people  is  the  supreme, 
and,  in  case  of  necessity,  the  only  law. 

6lh,  "  That  the  arming  and  disci phning  in 
this  country,  cither  with  or  without  the  con- 
sent of  parliament,  any  bands  of  emigrants 
and  loi  eigners,  driven  from  their  own  country 
for  their  known  attachment  to  an  infamous 
despotism,  is  an  outrageous  attempt  to  over- 
awe and  intimidate  the  free  spirit  of  Britons; 
to  subjugate  them  to  an  army  of  mercenary 
cut  throats,  whose  views  and  interests  must 
of  necessity  be  in  direct  opposition  to  those 
of  the  nation ;  and  that  no  pretence  whatever 
ought  to  induce  the  people  to  bubmit  to  so 
unconstitutional  a  measure, 

?tb,  '*  That  the  untonBlitutional  project  of 
raising  money  and  troops  by  forced  benevo- 
lences (and  no  benevolences  collected  upon 
requisition  from  the  king  or  his  ministers, 
can  ever  in  reality  be  voluntary,  and  the  equal- 
ly unjustifiable  measure  of  arming  one  part 
of  the  people  against  the  other,  brought 
Charles  the  First  to  the  block,  and  drove 
James  tlie  Second  and  bis  posterity  from  the 
throne;  and  that  consequently  mmietcrs,  in 
advising  such  measures,  ought  to  consider 
whether  they  are  not  guilty  ol  high  treason. 

£th,  **  That  if  lis  society  liavc  beheld  wiik 
considerable  pleasure,  the  consistent  respect 
which  tlic  House  of  Lords  displayed  for  their 
own  constitutional  rules  and  orders,  on  the 
fourth  of  the  present  month,  upon  the  moboa 
of  earl  Stanhope,  conccniing  the  interference 
of  ministers  in  the  internal  government  of 
France,  and  that  it  is  the  firm  conviction  of 
this  society,  that  this  circumstance,  when 
j^ropcrly  detailed,  will  have  a  considerable  ef- 
fect in  convincing  the  country  at  large,  of  the 
true  dignity  and  utility  of  that  branch  of  his 
majesty's  parliament. 

Vilj,"  *'  Tliat  the  thanks  of  this  roeetlne  be 
given  to  earl  Stanhope,  for  his  manly  ano^ pa- 
triotic conduct,  during  the  present  session  of 
parliament,  a  conduct  which  (unsupported  as 
U  has  been  in  the  senate,  uf  which  he  is  sa 
truly  honourable  a  member)  has,  together 
with  the  timely  interference  of  certain  spU 
rited  and  patriotic  associationt^  been  never- 
theless alrcacfy  productive  of  the  salutary  ef- 
fect of  chasing  the  Hessian  and  Hanoverian 
mercenaries  from  our  coasts,  who,but  for  these 
exertions,  might  have  been  marched  ere  this 
m to  the  very  heart  of  ^'  i  fry,  together 

with  others' of  their  n,   to   have 

peopled  the  barracks  w*,m.ii  tvtry  where  ia- 
iult  the  eyes  of  Kritons, 

lOib,  '♦That  It  is  the  firm  cojivicti^n  ef  this 


SSI 


Jbr  High  rraiioii* 


libm,  tliAi  ft  sieftdjr  persererance  in  tlie 
MaKbald  aiid  energetic  teutimcnts  which 
Ittft  Itlely  been  &vowcd  by  the  friends  of 
I  cmnnot  fail  of  crowQin^  with  ulli- 
pk  the  virtuous  cause  in  which  we 
itnce,  whatever  may  be  the  in- 
vpiDion  of  hereditary  seDator^,  or 
llMi}0HriUes  of  pretended  rcpresfDta- 
truth  atid  liberty,  in  an  a^e  so  en- 
Ii|blc]>ed  MM  the  present,  must  be  invincible 
mi  iMBiii  potest/' 

"  Ttib  sodety  having  addressed  Mr.  Mar- 
mtA^  their  delegate,  an  address  to]  Joseph 
UcifBld  wft3  n^  as  follows,  and  carried  una- 
ihBOtialjr;^ 

'  To  losefih  Gerrald,  a  prboner,  sentenced 
f  Mgh  court  of  jusliciary  of  Scotland,  to 

tSliAD  bevond  the  seas  for  14  years. 
iTe  behold  tn  you,  our  beloved  and  res- 
pded  5iei3d  kud  fehow-citizeo,  a  martyr  to 
tk§  glorious  cause  of  equal  representation ; 
Md  «e  cmnoot  permit  you  to  leave  this  do- 
fvtdsd  eoniotry,  without  expressing  the  infi* 
■its  oliiintioc»s  the  people  at  large,  and  we 
ill  pirtkiuar  owe  to  you,  for  your  very  spi- 
liild  esotions  in  that  cause  upon  every  occa- 
^bm ;  ImiI  upon  none  more  conspicuously  than 
dviag  the  attting  of  tltc  British  Convention 
^"  I  pec^le  St  Bdinbur^h^  and  the  conse- 
Mding  (we  will  not  call  it  a  trial) 
'  of  the  court  of  justiciary. 
"  W©  know  not  what  most  deserves  oar 
aiadaHk/Of  the  splendid  talents  with  which 
Jon  are  to  eminently  distinguished,  the  ex- 
illid  ^tftucs  by  which  they  have  been  di- 
ted«d|  the  per^verance  and  undaunted  firm- 
Btitimlch  ^ou  so  nobly  displayed,  in  resisting 
the  Wfooga  of  your  insulted  and  oppressed 
OBVBtiy,  or  your  present  manly  and  philoso- 
[  ibfleriog,  under  an  arbitrdT)',  and,  till 
L  iinproccdcnted  sentence, — a  sentence, 
_/llie  niQist  ^ndictive  and  cruel  that  has 
I  pmonttced,  since  tlie  days  of  that  most 
i  and  cver-lo- be- detested  court  of 
_jiberv  the  enormous  tvranny  of  which 
I  int  Cliarlcs  his  head, 
lyoUy&nd  to  your  <^aociates,  we  feel 
•  eso^t  deeply  indebted.  For  us  it  is 
larr  -  the  sentence  of  trans- 

,  the  vilest  outcasts  of 
^»  ihatyou  arc  condemned 
I  ^'?  shores  of  New  Holland, 

,  h4>wcTt"r,  we  doubt  not  you  wdl  expe- 
ooQMitenible  alleviation,  by  the  re- 
^of  th&t  virtuous  conduct  for  which 
il  ii  InpOied  ofi  you,  and  by  the  sincere  re- 
fB4  and  Mteem  of  your  fellow  citizens ! 
'^Ibt  Ci|ual  hiws  of  tills  country  have  for 
Mllieeo  the  boa&t  of  its  inhubitants; 
tsiUier  are  itiey  now  rted  ?  We  are  ani- 
by  the  same  sentiments,  are  daily  re* 
t  Uie  same  words,  and  committing  the 
■iBt  artiotM,  for  whkh  you  are  thus  infa* 
WMaK  lid  we  will  repeat  and 

ttBiWMt  have  obiaiQC'd  redress ; 

t«t  are  uii^'uuiiuvii  j  eithcfi  tbereft^re,  the 


A,  D.  1794.  [31 

law  is  uqjust  towards  ynu,  m  mi^icting  pu- 
nishment on  the  exertions  of  virtue  and  ta- 
lents, or  it  ought  not  to  deprive  us  of  our 
share  in  the^^lorj'  of  the  martyrdom. 

"  Wc  agam  therefore  pledge  ourselves  to 
you,  and  to  our  country,  never  to  cease  de- 
manding our  rights  from  those  who  have 
usurped  themi  until,  having  obtained  an  equal 
representation  of  the  people,  we  shall  be  ena- 
bled to  hail  you  once  more  with  triumph  t> 
your  native  country.  We  wish  you  health 
and  happiness,  and  be  assured,  we  never, 
never,  shall  forget  your  name,  your  viriues^ 
nor  your  great  example* 

"  The  London  Conesponding  Society. 

*'T,  Haedy,  secretary* 
"  J.LovETTj  chairman. 
April  14tb,  1794." 

*'  It  was  also  unanimously  resolved  : 
"That  the  commillee  of  correspondence 
be  directed  to  convey  the  approbation  of  this 
society,  1st,  to  Archihald  II  ami  I  ton  Ho  wan, 
prisoner  in  tlie  Newgate  of  the  city  of  Dublin , 
for  his  unshaken  attachment  to  the  people ^ 
and  for  his  spirited  assertion  of  their  rights. 

2.  "  To  John  Philpot  Curran,  lor  his  admi- 
rable and  energetic  defence  of  A,  H.  Ho  wan,* 
and  the  principles  of  liberty,  as  well  as  for  liis 
patriotic  conduct  in  parliament. 

3*  **  To  the  society  of  United  Irishmen  In 
DubUn,  and  to  exhort  ihcir.  to  persevere  ia 
their  exertions  to  obtain  justice  for  the  people 
of  Ireland. 

4.  "  To  Skirving,  Palmer,  and  Muir,  suffer- 
ing the  same  iniquitous  sentences,  and  in  the 
same  cause  with  our  delegates. 

5.  "  To  John  Clark,  and  Alexander  Reid, 
for  their  so  readily  and  di?sinttresledly  giving 
bail  for  our  delegates,  ini-tigatod  thereto  solely 
by  their  attachment  to  hhtriy,  uninliueaccJ 
by  any  personal  consldcralion, 

6.  "To  Adam  Gillieb^  Malcolm  Laing,and 
James  Gibson,  for  their  able  assistance  given 
to  Joseph  Gerrald,  at  the  bar  of  the  high 
court  of  justiciary  at  Edinhurgh. 

7.  **  To  felicitate  Thomas  Walker  f  of  Man- 
cbester^  and  tlie  people  at  large,  on  the  event 
of  his,  as  well  as  several  other  late  trials,  and 
on  the  developement  of  the  infamy  of  a  sys- 
tem of  spies  and  informers. 

8.  **  To  Sir  Joseph  Maw  bey,  for  his  manly 
conduct  at  the  late  surreptitious  meeting  held 
at  Epsom  in  Surry, 

'*  It  was  also  unanimously  resoh*ed, 
"  That  800,000  copies  of  ttie  proceedingi 
and  resolutions  of  this  meeling  be  printed  and 
published. 

"  J.  LovETT,  chairman. 
"T.  liAunr^  secretary. 

"Hcsolvcd,  That  the  thanks  ofth  is  meet- 
ing be  given  to  the  chairman  for  his  manly 
and  impartial  conduct  this  day. 

**  T.  Hardy,  secretary." 

•  See  it^  ant^  Vol  99«  p.  1066. 

f  See  his  tnal,  mU^  Vol  33,  p.  1051. 


U]  U  GEORGE  IlL 

Lord  Advocate. — ^Tbb  is    s  printed  Icilcr^  [ 
iwom  to  be  found  in    Hardy's  possession^ 
algned  T,  Hardy^  secretary  to  the  CkirrespoEi*  | 
ding  Sotiery- 

"  Citizens  I--' The  critiral  momrni  i*  ar-  ' 
rived. and  Dritons  must  either  assert  with  xeal 
I  mud  firnmcs^  their  tUims  lu  tiberty,  or  yield, 
without  rcs^ivtance,  to  Uic  chains  that  minis- 
lerial  usurpnticm   if.  forging  for  Ihein: — will 
yo\i  CO  optTiile  with  u*.  in  the  only  peaccahle 
measure  thiil  now  presents  \iitU\  with  any 
ptosipect  of  success  ? — we  need  not  intimate 
10  yon  thjit,  notwiihstntHling  the  tmpardlleled 
audacilv  of  a  curn*j>l  und  over-bearing  faction, 
vrhich  at  present  tramples  on  the  rights  and 
lib-Ttk-^  uf  ihe  people,  our  nieeiings  cannot  in 
Kngluiirl  he  inlcrmpled,  whhoul  iiie  previous  I 
adoption  (fa  convention  bill ;— a  measure  it  ' 
is  our  duly  w  anticipate,  that  the  ties  of  union  I 
may  he  more  tirmly  drawn,  and  the  nenli-  i 
iwents  and   views  of  the  different  societies 
throughout  the  nation  be  compared,  while  it 
is  yet  in  out  power,  so  as  to  guide  and  direct 
the  future  operations  of  the  Friend*  of  Free* 
dom.     House,  then,  to   one  exertion  more, 
and  let  us  »how  our  consciousnefis  of  this  im-  I 
|)ortant  truth,— If  wc  are  to  be  beaten  down  • 
willi  threats,  prosecutions,  and  illegal  sen-  , 
lence*,  we  are  unworthy,  we  arc  incapable  of  i 
Jibcrt^ ;  we  mui^t,  however,  be  expeditious ;  ' 
Hcssfau**  unci   Austrian!*  arc  already  among  i 
US;  and  if  we  tamely  submit,  a  cloud  of  these  ! 
armed  barbarian  I  may  svhortly  be  poured  in 
upon  us ;   let  us  form  then  another  British 
Convention.     We  have  a  central  situation 
in  our  view,  which  we  bdicve  would  be  most 
convenient  for  the  whole  i?»land,  but  which  we 
forbear  to  mention   (cntrcatinE  your  confi- 
dence in  this  parlicuhir),  till  we  nave  the  an- 
swer of  the  societies  with  which  we  are  in 
correspontlent'C ;  let  us  have  your  answer,  then, 
by  the  'JUth  at  t'drtliest,  earlier  if  possible, 

whether  ^    -"^ac  of  the  measure,  and  how 

tnany  t\*  i  can  send,  with  the  num- 

ber also  j!  I  L  ol' your  societies. — We  re- 

main yours^  m  civic    affection,  the  Londcin 
Corresponding  Society. 

"T.Hardy,  secretary. 

**  For  the  management  of  this  business  we 

have  appointed  n  secret  committee;  you  will 

judge  bow  for  it  is  necessary  for  you  to  do  the 

fame." 

George  Btm  sworn. 

Xorrf  Jdvacute.—MT.  Ross  yoti  wcrt  ifi  the 
Cjazettecr  office  ? — Yes. 

Di>  you  know  of  any  society  or  club  meet- 
ing in  your  house,  in  Jririiiiifv,  February,  ar»d 
March  last,  after  »  i  jn  of  the  Uritish 

Conrrfitt«?n  *— t  '  '  was  a  society  of 

pi-i' 

'  jptionP-^I  have  heatd 

it '  uauiiUt:  ut  t  luun,  or  MimothiDg 

ot 

•  rsoDt  lliat  Mpeatod  to  you 
t£>  nuoittaV^tlW  ncffOBm  who 

ca  Lij^  utt:i  V 1^  I  acre  was  a  Mr.  Watt,  a  Mr. 
aiockf  aotnetimes. 


Trial  of  David  Dawnie 


[56 


Who  was  Stock  ?— 1  believe  he  i*ai  a  Stu- 
dent.   There  was  a  Mr  Downie. 

Wa*  that  the  man  at  the  bar  ?— Yet,— and 
Mr.  Donthrone^ — I  do  not  know  iha  exarl 
number  that  met,  they  met  several  limes. 

Whs  ii»erc  ever  a  larger  number  met  than 
these  four?— I  believe  there  wa^  a  larger 
number;  but,  as  I  said  before,  if  there  were 
two  com niit tecs,  the  amaller  coram itiee  met 
with  the  lareer,  i  sunpoie. 

Then  am  I  to  unaersland  there  were  two 
commiLteef^?^-!  cannot  he  certain  of  that, 
because  1  did  not  belong  to  any  myself 

Did  you  ever  receive  any  printed  letters 
from  a  society  calHng  themselves  the  London 
Corresponding  Society?— Did  yuM  ever  re- 
ceive h-om  the  London  Concspduding  Soricty 
any  written  or  printed  letters? — I  never  did. 

Did  you  ever  receive  from  any  person  whatf 
ever,  letters  of  that  kind  ?— To  the  best  of  my 
recoilcction  I  received  one  from  Mr.  Stock . 
That  you  mentioned  before  ? — Yes, 
Do  you  know  the  import  or  fiubject  of  il^ 
— From  the  import  of  those  letters,  I  saw  Ihe 
purpose  was  to  tend  them  to  societies  in  tho 
countr)'.     I  accordingly  did  so. 

Look  at  that,^is  that  one^-^That  is  olMOf 
them. 
Is  it  your  hand  writing?^!  think  it  i». 
Look  at  the  address  ?— -As  far  as  1  know 
that  is  one  that  I  sent 

r>o  you  sec  the  post  mark  upon  it  ? — ^I  sea 
threepence  here,  the  price  of  postaite. 

Did  you  send  any  to  Tcrlh  ?— That  is  tha 
one  I  sent  to  Fertlu 

Any  other  towns  ?— To  four  towns ;  Perth, 
Paisley.  Slruthaven,  and  another  place. 

£iirl/  AflvfKdH, — This  is  addre5*?cd  to  Mr* 
WttUer  Miller,  Perth  ;  the  words  arc  these  io 
his  liand :  **  show  this  to  your  friendSj  and 
send  an  answer  to  George  Hoss,  Liberty-court, 
Fxlinburgh;  nothing  but  ready  money  sub* 
scriptions  received. 

H'ifnfw,— The  post  mark  is  March  6lh  or 
8th. 

It  was  about  that  time  you  received  them 
from  Stock  ?— To  the  best  of  niy  knowledge 
I  received  them  from  Stock;  1  do  not  partieu* 
larly  remember  wliat  time. 

Where  did  you  receive  them  from  him  } — I 
suppose  in  my  own  house;  I  cannot  be  ccT* 
tain. 

Do  you  remember  what  time  ?^  do  not 
remember  the  time,  but  it  was  from  him  I  rc* 
ccived  them. 

Mr.  i^uthn  ^\  have  no  questions  to  ask 
this  ti  ;<riioner  has. 

(The  3  he  luid  no  quesLion  t0 

aiky. 

W linen  (to  tht  lord  Advocate).— Am  I  «t 
liberty  to  go  away  after  this  t 

Lord  Advocut§,—''Sov  at  present ;— I  do  1 
Mieaii  Io  keep  you  a  moment  longer  here  T 
is  absoltrtrly  ntcciaary. 

WdlUm  Al'Cwfcfcm  swoin. 

Mr,  4iKCratf  A<r.^Wh«l  ire  jrtnt  t^A  wriUc 


^T  High  Trcamn* 
ITfre  jrou  one  of  the  Frienib  of  the  People  ? 

yriti  know  toy  iHinij  of  a  comtuillee, 
ilcd  thrCofxiinitteeOf  Union?— I  know  very 
fiuic  iilnjut  It— ii  eitslied  eoine  lime  btfare  I 
w%»  a  mnnbCY  of  it, 

Wrrr  you  a  member  of  it  ?— Yes,  I  was ;  I 

vi^  ibcTC  IJOC1?,  t»T  twice,  I  believe. 

Upon  wh*i  occusion  were  you  elected  ? — 

vns, — tt  young  rai*n  of  the  name 

^    ]      net]  to  be  a  member  of 

>,ti»rbance4  al  ihe  Thea- 

vet  to  keep  the  peace, 

r  for  liim  to  do  tJiat  bn- 

;        ,    ii  me.    I  said  I  thought 

iuit  my  convenience,  but  I  at 

b»i  aceepteil  it. 

Tpofi  thin  person  being  bonnd  over  to  keep 
lb»  p<K««  yoii  %t  last  accepted  it  ? — Yem^  Bir. 
Iflwi  wftt  Ihit  commiltee  to  do?--!  never 
L  what  it  was  to  do^  but  I  unders^tood 
tit  bft  m  uiiioD  of  ail  the  societies  in  £din- 


it  to  do? — I  understood  it  was 
niea&ures  Ibr  calling  another  con- 
co-ojitrate  with  the  Commiltee  of 
for  forwarding  the  money. 
Wbo  were  members  ? — There  were  a  great 

Do  yoa  rejiiember  any  of  them  ^    Was  the 
'ftineaiber  of  it? — Yes,  I  believe  he 


Too  iiid,  yot}  under¥<tood  it  waa  for  taking 
MMttre*  for  calling  another  convention  - 
liiicomneQlioii  was  it  to  bef — I  understood 
Bl&tf  Ui  I  hi"  liif^t. 

mean  by  the  last  ?~The  Bri- 

"   -  :  abotii  the  Com  m  i  1 1  ee 

rlu^t? — I  understood  the 

r^  to  l^e  for  the  purpose 

1  the  first  place,  to  pay 

Hi]    in  the  next  place, 

turpose,  and  those 

[IS ;  and  in  the  next 

e,  tM««^i«i4  luuiiiiy   to  (support  the  dete- 

^  ^  that  new  convention  ;  that  is  what 

.-.-ilood, 

>  j\M  know  where  the  convention  was  to 
rl!— No,  I  do  not. 

Waa  it  io  be  in  Scotland  or  England  ? — I 
frtn  England ;  1  do  not  know. 
_  e  not  Ike  delegates  to  do  something 
lieaiiles  re/f -■"-   money? — It  waa  to 
pBbir  eoDtimer  imderstand  several 

fBMQi^^i' ft^«i  ..-11  about  the  reform ; 

iMbe  wiabr  rrsai  suftVage,  and  un-' 

^oal^fTiai  li'^rs  thought  it  a  violent 

lii  '  was  to  consider  about  that 

^---,  It  could  be  obtained* 

•  X^ntf  ^i^ij«%itic  — Were  you  a  collector?— 
>l,  !  wii«« 

the  other  collectors,  to 

i>d»of  the  People  to  col- 

puiKjti?,  or  waa  there  a  particular 

il^ed^— There  was  a   particular 

IgM  la  tl»iD,  but  it  was  oot  un* 


jidi. 


A.D.  1794,  \b% 

derstood  they  were  cotifined  to  it ;  it  was  ac- 
cording to  the  place  where  they  hved. 

Was  it  by  dividing  the  districts?— It  was 
to  be  the  New  Town,  the  south  side  of  the 
town,  the  Lawn  Market,  and  the  Canongalc. 

To  whom  was  the  money  lo  be  paid  ?*-l 
do  not  know,  it  was  to  be  accounted  for  in 
the  committee,  and  they  were  to  appoint  some 
persons. 

Who  were  to  appoint  them  ? — ^The  collec- 
torf ;  and  I  understood  they  were  to  be  re- 
spons-ible  for  money  paid. 

Whom  were  they  to  pay  it  over  to? — It  wai 
not  mentioned. 

Who  was  treasurer? — I  understood  Mr, 
Downie  was  treasurer. 

Was  he  treasurer  to  the  cororoittee,  or  col* 
lectors  ?— He  was  treasurer  to  the  whole. 

Do  you  know  a  man  they  called  John  Fair- 
Icy  ?.^Yes, 

Was  he  a  collecter? — ^Ycs,  be  was. 

Was  he  distinguished  from  the  other  col*  I 
lectors  by  any  ap)>ointmeut  ? — I  came  in  one 
ni^ht,  and  they  were  met,  and  I  went  out  and  J 
left  them;   they  wished  me  much  to  be  in | 
when  I  came  into  the  room,  they  told  ma 
they  had  been  doing  some  business  %   that 
John  FairleY  had  been  appointed  a  convener! 
I  was  a  lillle  astonished;  1  said  nothing,  and  j 
they  were  to  give  in  printed  papers  for  them 
to  collect  money. 

Why  were  you  astonished  ? — I  was  a  litde 
a»toni^hed  upon  his  being  appointed  a  penn^i- J 
nent  convener.  '  J  r 

Was  he  to  be  changed  every  week,  ofj 
month  ?— 'I  know  nothing  of  that. 

W  hy  did  you  use  the  word  permanent ;— It ! 
was  oi'ily  that  he  was  to  convene  us,  and  sit  1 
always. 

Sit  always,— for  what? — As  convener. 

Were  you  at  the  British  Convention  the 
night  it  was  dispersed? — Yes,  I  was. 

Who  dispersed  it  ? — It  was  the  lord  provost,  1 

What  did  the  lord  provost  do? — He  asked  ' 
if  this  was  the  Oritish  Convention,  and  the  J 
president  said  it  waa. 

Who  was  president  f— I  beUeve  it  wai 
Samuel  Paterson. 

Tell  uf  what  the  provost  said?— *The  pro- 
vost said,  he  could  not  allow  any  such  tw^et*  j 
ing  to  be  held,  and  he  desired  the  presidenf  I 
to  leave  the  chair;  he  said  he  could  not  pro-M 
perly  leave  the  chair,  without  the  permission  | 
of  the  convention ;  but  as  he  had  got  leave  I 
before  that  to  leave  the  chair,  he  was  jiisl  go*  I 
ing,  and  he  would  go ;  and  a  call  was  toi;| 
some  other  person  to  take  the  chair,  and  Mr.'  j 
Brown,  of  bheffield,  took  the  chair. 

Lord  Adtocate. — Recollect  and  tell  Brown'! 
situation;  what  did  Brown  say  to  the  nro%'o«t/J 
or  the  provost  to  him  ?— Brown  ^aia,  as  he 
was  appointed  by  the  unanimous  voice  of  ihef  1 
convention,  he  could  not  leave  it  without! 
leave  of  the  convention;    the  lord  provost! 
said,  he  must  leave  the  chair;   he  had  beei^I 
deficient,  he  said,  in  his  duty,  or  he  would 
have  didpersed  them  before.  '  The  lord 

1 


vost  said  the  proceedings  were  seditiowt  ot  in- 
flammatory ;  and  Brown  said,  the  publica- 
tion of  their  prucef dings  tended  to  show 
that  their  meelin^s  were  of  a  constitutional 
nature^  and  Ihcy  Kept  open  doors  to  every 
person  that  chose  to  come ;  the  provost  said 
lie  must  leave  the  chair ;  he  &aid  he  would 
i^ot  do  it,  without  superior  force.  Skirvin^ 
observed,  he  could  not  leave  the  chair,  and 
ihey  would  not  allow  themselvci*  to  disprrse 
without  force ;  it  was  agreed  they  sliould  cull 
in  their  force,  and  we  should  file  oft'  to  tlie 
©thee  side  of  the  ball ;  but  Ihe  constable  came 
jn^  and  the  lord  provost  pulled  Urowu  from 
the  chair.  Some  person  moved ^  as  they  had 
been  dispersed  there,  they  should  go  to  the 
C'anongate  Mason  Lodge. 

Did  you  go  there  ?— Yes. 

What  parsed  there  ?— A  vote  passed  there, 
that  we  were  permafieut. 

How  Jong  did  you  sit  it  the  Canongate^ 
sfter  you  voted  that  you  were  permanent  ^ —  i 
Not  long. 

How  came  you  to  separate  then? — We 
thought  it  unnecessary  to  do  any  thing  more 
that  ni^ht. 

Did  you  join  the  ConvenlioQ  again  after 
thai? — No,  tt  was  many  mouths  after  that. 

Were  you  there  the  next  night  in  the 
suhurbji  at  a  wright*s  shop  there? — Yee,  I  was. 

What  happened  there  ?— The  sheriff  came 
m  and  dispersed  them. 

In  shorty  the  same  thing  look  place  that 
night,  as  took  place  the  day  before  ?— Yes. 

Was  any  declaration  made  there  that  you 
had  voted  yourselves  permanent  the  night 
beforei  in  the  Caaongate? — I  canaut  rccoK 
Icct. 

Mr.  AnstrtUher. — How  long  were  you  one 
of  the  collectors  ?— Eight  days  or  a  fortnight. 

Where  did  you  meet  when  Faulty  wa*  pre* 
aidcnl  ? — At  George  Ross's. 

Where  did  yuu  meet  the  next  meeting? — 
The  next  meeting  %vas  proposed  m  Phiups's 
house. 

Philips  was  a  collector  too,  was  not  be  ?— - 
Yes. 

Did  that  mn  "     nlace? — No. 

Why  did  noi  n^  lake  place  ?— It 

was  on  account  o I  .\jr-  >v,iit,iind  Mn  Downie 
bemg  apprehended;  it  was.  thought  the  peo- 
ple would  be  afraid  to  come,  on  the  seizure  of 
some  of  the  books  of  the  society* 

Cross-Examination. 

Mr*  ClerL — Y'ou  were  a  mimhcr  of  tbc 
Union  Committee  ?— Yes. 

You  say  Downic  was  treasurer  of  that  com- 
mittee^— I  heard  he  w*a8  Ireasurcx  for  the 
whole  of  the  Friends  of  the  People  through- 
out Edinburgh;  I  could  uot  say  for  that 
committee. 

Do  you  know  any  tliing  about  his  appoint- 
ment?—No,  it  is  only  report,  I  have  only 
been  told  it  by  some  person*, 

^  ou  do  not  know  it  of  your  own  JoM^* 
ledge  I — ^No. 


You  have  heard  it  only  ? — Yet* 

You  were  appointed  collector  ?— Yes. 

Explain  the  nature  of  collector,  ai  you  un- 
derstood it? — As  I  understood  it,  that  night 
there  was  ^  letter  given  in  that  Mr. 
had  resigned  his  place,  and  desired  some 
Other  person  would  take  it,  and  it  was^uc 
upon  mcy  and  with  some  hesitation  I  agreed 
to  it 

What  did  you  understand  the  duties  of  your 
ofBce  to  be  P — I  mentioned  that  it  was  to  pay 
the  debts  that  were  due  by  the  convention. 

You  were  to  collect  money  for  that  pur- 
pose?— ^To  collect  money  tor  that  purpose. 

Did  you  collect  any  money? — None. 

Had  you  any  access  to  know  tlie  sum  of 
money  collected  for  that  purpose? — No,  I 
know  notbmg  about  it. 

PriMoncr. — Did  you  hear  any  thing  about 
a  hhrary? — I  cannot  recollect  that,  but  I 
think  I  heard  something  about  it  mentiooed. 

Mr.  Cltrk,— About  what? — ^Aboutahbrary, 
about  pohtical  publications. 

Wiliiam  Binning  sworn.  i 

Mr,  Amtruther. — You  were  a  member  of 
the  Water  of  Leith  Society,  I  believe,  Mr, 
Binning  ?— Yes*  sir. 

Where  did  Ihcy  meet   at  the    Water  of     | 
Leith  I — I  was  not  at  the  house,  but  some- 
times I  belonged  to  a  Friendly  Society. 

How  did  the  Water  of  Lctth  Society  call 
themselves  ? — A  Society  of  the  Friends  of  the 
People. 

Did  they  meet  any  time  in  December  or     "^ 
Januarv  last? — I  could  not  charge  my  me- 
roary,  i  dare  say  they  might  meet  some  time. 

Did  they  meet  soon  alter  Che  British  Con* 
vention  ? — No^sbout  3  weeks  or  a  month. 

You  were  secretary  ?— Yes,  or  cterk  rattier. 

With  whom  did  you  correspond? — WcdiJ 
not  correspond  with  any  society,  unless  it  was 
by  sundry  delegates^  what  they  call  a  Com- 
mittee of  Union. 

What  wa«  that  Committee  of  Uobn? — 
It  was  for  carrying  on  the  business  of  re- 
form. 

How  matiy  delegates  did  you  send  to  that 
meeting  ?— 1  think  there  were  S  or  3* 

Who  are  they  i*— One  M'Ewwj. 

What  is  M'Evyran's  first  namc?'^rlhur ; 
Robert  Orrock. 

Whttl  is  Orrock?— A  Smith- 

What  is  M*Ewan  ? — A  weaver. 

Who  is  the  other?— William  Ferguson. 

Whfit  was  the  reason  of  your  choosing  these 
delegates  ? — To  carry  on  the  matter  of  He- 
form,  by  way  of  petition  to  parhament. 

What  was  youi  reason  for  choosing  them  at 
first? — It  was  for  corresponding. 

Did  it  come  into  your  own  head,  or  did  any 
boiJy  bid  ^vour— No,  we  chose  them  so  that 
we  could  correspond  wit'  --ly  to  obtain 
a  reform  in  parliament  <i. 

That  was  the  way  of  w^...^^ ,,,  Uy  petition  ? 
—Yes. 

Who  fir*L  f  ropo:.ed  to  appoint  these  dele* 


Jot  High  Triason, 
p««?— NwLckdy  in  pairUcuUr,  we  thought  a 

Wm  ii:«re  do  letter  carat  to  you  about  it  ? 
—No 

Wtui  propo^d  it  in  the  commitlee  first? — 
'"'  1  not  remetubcr. 
^  Did  jTuu  itver  bear  of  such  a  thing  as  a  col- 
lects? wbsi  wais  the  coUcctor  lu  do?— He 
1191  to  mkc  the  «cnse  of  the  Frietids  o(  thu 
iVafilc  aad  it  the  people  he  lipoke  to  thought 
|fp0|ier  to  give  any  money  in  support  of'  the 
c^tite,  Of  ilefVay  the  expenses  of  nuch  as  auf- 
(bed  to  support  of  that  cause,  such  as  Skirv- 
mt.  10  gilber  money. 

Uiii  jmic)  guther  any  money  in  your  society  ? 

" ?*• 

lore? — About  a  penny  a  night, 
hm   v4:mj  give  any  thing  to  M'Ewan  P — 
AllOQt  tU. 

Wbtl  irms  he  to  do  with  it  ?^IIe  \vn^  to 
pie  ii  10  tlie  delegates  that  were  to  be  chosen 
|t€OlivcQLioD  some  where  I  did  not  know*, 
I  were  to  distribute  it  to  Mrs.  Skirving, 
fifcesupm  that  stood  in  need  of  it  ? — Yes,  sir. 
Wia  it  a*  he  liked  it»  or  a  Commtltec  of 
Vmm  wotild  like  it  ? — It  was  the  Committee 
fjr  t7niofi,  1  suppose,  but  we  gave  it  to  htm 
ittcajiy  tl  there* 

lit  «ra»  to  cftrry  it  to  the  Committee  of 
Ctsonf— Vcs. 

i  be  was  to  pay  it  to  the  treasurer  of  the 
lofUmon? — Yes. 
Do  yo«  know  who  was  the  treasurer  ? — 
Tlii  was  one  of  the  name  of  Downie. 
|09  jou  know  hira  ? — Yes. 

you  hear  w*hat  he  was  described  to 
whftl  his  triide  was?— A  goldsmith,    I 

low  these  eolleetors,  when  were  they  cbo- 
Vftfrilf — Sume  tune  in  March,  I  fancy  :  I 
leally  charge  my  memory ;  hut  I 
I  it  was  some  lime  in  March,  I  am  oot 
\  in  the  time. 
ktw  yixi  quite  sure  there  was  never  any 
Idler  or  mcs5ap;e  sent  to  you  about  choosing 
ti«e  delegates T»I  am  notcertain,  I  am  sure 
I  mman  recollect. 

tM  TOtt  ever  see  any  printed  papers,  called 
•  I^moasuetital  principles''  ? — (  am  not  sure. 
mpidfounrer  see  that  paper  f~It  was*'  Fun- 
Btal  principles,'' 

I  did  you  see  it? — It  came  to  the  to- 
r  «oe  otght. 
I  taw  such  a  paper  In  the  society,  but 
jpU  know  where  it  came  from  ?->-No. 

:  el  that,  and  see  if  you  know  where 
mm  from } — I  think  I  saw  this  in  Ar^ 
Uw  lI'lMUi'i^  I  am  not  ccrt^u. 

Ko  Crosa-Examinalion. 

flTils  WIS  t  letter  fiom  the  Committee  of 
Vii|ri  «0d  MeAns  that  he  looked  at,  but  it  not 
W»K  jrct  proved^  it  was  not  remd  ] 

Arihur  M'Emnn  sworn. 

!  —Where  do  you  live?— At 


A.  D.  17iH- 


[69 


Wert  there  any  societies  there  f— Yci. 
Wert  you  a  member  of  any  society  there  ? 
— Y>*. 

What  was  the  title  of  that  society  ? — It  wat»  i 
called  the  society  of  the  Friends  of  the  People. 

Did  that  society  send  any  delegates  to  tlie 
British  Conveuliou  ? — Ves. 

Were  you  a  member  yourself  P^Yes. 

Did  that  society  contmue  to  meet  after  the 
British  Convention  was  dispersed? — Yes,  it 
met  after  it  was  dispersed. 

W-4S  there  after  that  time,  tmy  oilier  com- 
mittee chosen  to  which  your  society  sent  de- 
legates ? — Yes. 

what  was  it  styled?— It  was  styled,  in 
the  printed  paper,  the  Committee  of  Union* 

Were  you  a  member  of  that  committee? — 
Yes,  the  society  appointed  me  to  attend  that 
committee  as  one. 

Who  were  along  with  you?— I  think  Mr, 
Orrock  and  Will  jam  Ferguson. 

What  is  Urrock  J^-llc  is  a  blacksmith. 

lie  lives  at  the  Water  of  Lcith  with  you  ? 
— At  the  Dean* 

Did  you  ever  attend  meetings  of  the  com- 
mittee ? — Yes. 

Where  did  it  meet  ?— At  George  Ross's. 

At  any  other  house  ?—  Not  the  Commillee 
of  Union. 

Was  there  any  other  committee,  ofwhkh 
you  were  a  member,  chosen  from  that?—* 
There  was  a  sub-commit  lee. 

Who  were  members?— Mr.  Watt,  Mr. 
Burke,  Mr.  Downie,  Mr,  Aitcheson^  Mr. 
Stock,  Mr.  Bonthrone,  and  myself* 

Seven  in  whole  ? — Seven. 

Had  that  committee  any  other  title  than 
the  sub-committee  ? — It  had  no  name  to  my 
knowledge,  but  in  the  printed  paper  it  was 
called  the  Committee  of  Ways  and  Means. 

Be  so  good  as  to  inform  us  what  the  chief 
object  ot  It  was  ?— A  fortnight  after  I  belong- 
ed to  the  committee,  there  was  a  letter  read 
by  a  bi^  man  ;  he  said  he  had  received  it  from 
Mr.  Skirvmg ;  the  contents  were,  that  the 
Friends  of  the  People  were  in  his  debt,  and 
he  hoped  they  would  pay  it  up,  and  do  every 
thing  they  could  for  his  family,  as  he  was  go- 
ing to  leave  the  country;— to  assist  to  pay 
that  debt,  and  assist  Mr.  s^kirving,  if  he  stood 
in  need. 

Were  you  there  any  other  nights  ? — ^Yei, 
other  nights;  1  found  it  was  for  other  pur- 
poses, by  a  paper  that  Watt  read. 

Esplam  what  purposes? — It  appeared  to 
me  it  would  throw  the  country  all  mto confu- 
sion, and  spill  the  blood  of  our  felbw  crcjw 
lures,  from  the  paper  he  read :  the  contents 
run  thus :  that  parties  were  to  seize  the  lord 
justice  Clerk,  and  the  rest  of  the  lords  of  the 
sesBions,  and  the  lord  provost :  and  parties 
were  to  be  stationed  at  the  Luckcnbooths,  and 
the  head  of  the  West  Bow,  and  parties  were  to 
make  a  fire  at  the  excise olFicc,  to  draw  the  mili- 
tary from  the  Caslle ;  aod,  when  tlie  soldiers 
came  by  the  lop  of  the  Bow  towards  the  I^ick- 
cnboolh^,  they  were  to  inclose  [Uvm,  und  par- 


6S] 


54  GEORGE  III. 


Trial  of  David  Dcnmii 


[64 


ties  were  to  seize  the  banking  liottses  in  lown» 
and  appobitcomnrissionen  to  go  and  demand 
the  cash  from  them — ^that  was  the  substance 
of  the  paper,  as  far  as  I  can  recollect  ^ 

Who  were  present  at  that  meeting?--8tocky 
Watt,  Downie,  Bonthrone  and  I. 

Was  it  a  stated  meeting— a  usual  meeting  ? 
—Yes. 

'  What  do  you  mean  by  parties  ?  parties  of 
whom  ?— I  cannot  say  by  whom  it  was  to  be. 

Whom  did  you  understand  by  the  word 
parties? — I  suppose  Mr,  Watt  drew  it  up, 
and  he  supposed  the  country  was  to  rise  to  do 
such  a  thmg ;  I  could  not  understand  it  any 
other  way. 

Were  the  people  of  this  committee,  if  they 
approved  of  that  paper,  to  have  some  com- 
mand ?— I  knew  not  a  man  that  was  to  do 
this. 

Not  a  man  ?— Not  one,  man  or  men. 

You  mistake  my  question ;  you  told  us  it 
was  proposed  that  parties  should  be  put  at 
different  places,  the  jLuekenbooths  and  Bow, 
tu  secure  the  soldiers  wheu  the  fire  appeared 
at  the  excise  office ;  who  did  you  understand 
the  parties  to  be  ? — I  could  understand  it  no 
other  ways  than  the  Friends  of  the  People. 
'  Now,  what  was  done  by  that  committee 
upon  this  plan  being  read  by  Walt  ? — I  ob- 
jected to  the  plan ;  I  said  I  by  no  means 
would  agree  to  any  thins  that  broke  the 
peace,  or  shed  the  blood  of  my  countrymen ; 
and  Mr.  Bonthrone  seconded  me,  and  said, 
'<  no,  do  not  do  no  such  thing,^ 

Did  Downie  say  any  thing  ?— Not  that  I 
remember. 

Did  Watt?— No. 

Did  Watt  ever  read  any'other  paper  relative 
to  that  subject,  or  show  you  any  other  paper? 
— He  read  another  paper  another  night. 

Was  that  a  committee  night  ? — Yes. 

Who  were  present  ? — It  runs  in  my  head 
that  Mr.  Downie  was  present,  but  I  cannot 
be  positive. 

Was  it  a  committee  night? — It  was. 

Was  Stock  present  ?— No. 

Was  Bonthrone  ?— No. 

Aitchcson  ? — ^No. 

Was  Burke?— No. 

Lord  Advocate, — Then  Downie  must  have 
been  present  ?— I  think  he  was  present,  but  I 
cannot  be  certain  of  it 

Now,  what  was  the  import  of  that  paper 
which,  at  the  second  meeting  of  the  commit- 
tee, Watt  read  to  you  ?— -The  purport  of  that 
letter,  as  far  as  I  can  recollect,  was  this— it 
was  a  copy  of  a  proclamation  to  all  farmers 
and  dealers  in  com  and  meal,  and  hay,  not 
to  remove  the  same  from  their  respective  ha- 
bitations, under  pain  of  death. 

Anything  else? — Also,  for  gentlemen  of 
the  country  not  to  remove  from  their  several 
habitations,  above  the  distance  of  3  miles,  un- 
der pain  of  death;— there  was  likewise  an 
addr^  to  his  present  m^esty  to  dismiss  his 
ministers,  and  put  an  end  to  the  war,  or 
else  he  must  expect,  or  abide  the  conse- 
quences. 


Did  any  body  say  any  thing  upon  the  sub- 
ject of  that  paper  ?— I  said  it  was  not  a  paper 
agreeable  X6  the  plan  of  reform,  and  I  hoped 
I  should  never  see  the  day  when  such  a  thing 
should  take  place. 

Do  you  recollect  that  Downie  said  any 
thin^? — I  am  at  a  loss  to  know.  I  said  be- 
fore I  do  not  know  it  is  a  fact  that  Downie 
was  there. 

Mr.  Anstruther. — You  collected  some  mo- 
ney at  the  Water  of  Lcith  society  ?— Yes,  I 
got  15s.  from  the  secretary. 

Who  was  it? — Mr.  Binning,  he  was  secre- 
tary to  the  society  of  the  Water  of  Leith. 

Whom  did  you  give  it  to  ? — ^To  Mr.  Downie. 

Why  did  you  give  it  to  him  ? — I  was  in- 
formed he  was  appointed  treasurer ;  for  that 
reason  I  accmmted  to  him. 

Did  you  pay  it  to  him  as  treasurer  ? — Yes,  I 
did. 

Do  you  know  a  lad  of  the  name  of  Fairley  ? 
—Yes,  I  have  seen  him,  I  am  not  well  ac- 
quainted with  him. 

Is  that  tlie  Downie  that  was  the  treasurer  ? 
[pointing  to  the  prisoner]. 

Lcfrd  Freiident.^ls  he  the  person  that  was 
present  when  the  first  paper  was  read  ? — Yes. 

Mr.  AnstrtUher, — Do  you  remember  seeing 
Downie  at  Georf^  Ross's? — ^Yes. 

Was  that  a  committee  night  ? — ^Yes. 

Who  was  there?— Mr.  Downie,  Mr.  Walt 
and  me;  I  cannot  remember  whether  any 
more  were. 

Where  did  Fairley  come  from  when  he 
came  there  ?— He  came  from  the  west  coun- 
try. 

Who  sent  him  to  the  west  cotmtry  ?— I  do 
not  know — I  cannot  say  who  sent  him. 

About  what  time  was  this  ? — I  cannot  po- 
sitively remember ;  I  think  it  might  be  to- 
wards the  latter  end  of  April 

Baron  jVorfon.— Can  you  tell  how  long  it 
was  after  this  plan  was  read? — Some  little 
time  after— I  cannot  positively  say. 

Mr.  AntirtUher. — Did  you  see  any  body  pay 
Fairley?— No,  I  did  not,— 1  saw  Fairley  lay 
down  15s.  upon  the  table,  and  he  was  oraered 
to  take  it  up  again. 

Who  ordered  it  ?— Mr.  Downie. 

Why  ?-*-He  laid  down  15s.  upon  the  table, 
and  said  he  had  it  for  a  parcel  of  pamphlets, 
and  he  left  the  15s.  and  Mr.  Downie  bid  him 
take  it  up  a^in. 

Did  he  bid  him  take  it  to  himself?  what 
was  he  to  take  it  up  for  ?  was  it  for  his  trou« 
ble  ? — I  cannot  say  positively,  but  1  took  it 
to  be  for  his  trouble. 

Was  this  at  a  meeting  of  the  committee  ?— 
Indeed  was  it. 

Did  Fairley  say  any  tiling  about  Paisley  ?— 
Yes,  he  did. 

What  did  he  say  ?— He  said  it  was  in  a  state 
of  great  readiness. 

What  did  he  mean  by  that?— I  do  not 
know  what  his  orders  were,  I  could  put  no 
construction  upon  it 

You  put  some  construction  upon  IX  in  your 


65] 


for  High  Treason. 


own  mind  ? — I  thought  it  still  carrying  on  the 
cause. 

Did  you  ever  hear  any  body  talk  about 
anniug? — No. 

About  the  Friends  of  the  People  arming? 
— Ko. 

Mr.  Solicitor  Genera/.— Mr.  M'Ewan,  did 
YOU  ever  hear  Watt  mention  any  thing  about 
t  commission  from  Perth  to  procure  arms  ? — 
No,  I  never  heard  it,  but  heard  him  say  to 
Onock,  4,000  were  wanted. 

Was  Downie  present  when  Walt  said  he 
had  a  commission  from  Perth? — I  did  not 
bear  Watt  say  he  had  a  commission,  but  Watt 
said  be  had  4,000  to  send  there. 

Was  Downie  present? — No. 

Ur.dnMirutker. — Did  you  see  any  of  these  ? 

I  pointing  to  the  pike  heads  upon  tlie  table.] 
aw  one  at  Mr.  Watt's.  I  was  going  upon 
some  private  business. 

Do  you  recollect  when  Mr.  Watt  was  taken 
up  f — I  cannot  positively  say. 

Did  you  ever  see  Mr.  Downie  after  that  ? 
-Yes. 

Where  did  you  see  him  ? — lie  called  upon 
me  at  my  own  house. 

Tell  me  what  passed  between  you  and 
Downie? — ^I  had  been  before  the  sheriff,  and 
Mr.  Downie  called  up  to  ask  if  I  had  been 
examined;  I  said,  yes;  he  desirifd  to  know 
«hat  questions  I  was  asked ;  I  said  very  few 
—that  was  aU.  I  only  asked  what  was  done 
with  the  money ;  the  answer  was,  he  save 
put  to  Brown,  and  part  to  Martin  Todd  for 
printinz. 

Did  Ee  bid  you  tell  that  to  any  body  ?— No, 
l-e  did  not  bid  me  tell  any  thing  of  the 
kind. 

Did  he  bid  you  not  tell  it  ?— As  far  as  I  can 
RooUect  what  he  said  was,  if  he  was  called 
\:ym,  he  would  say  he  did  not  know  me,  and 
it  I  was  called  upon,  I  was  to  say  I  did  not 
know  him ;  I  said,  by  no  means,  I  would  do 
00  such  thing. 

Did  he  say  any  thing  more  ?— I  remember 
DO  fartlier  conversation  taking  place. 

See  if  yon  can  recollect  what  he  said  about 
Brown  amd  Martin  Todd  ?— He  said  he  had 
oven  money  to  Martin  Todd,  Smith,  and 
Taylor  and  Brown,  for  printing  of  papers :  I 
Slid  that  was  not  the  meaning. 

Did  yo!i  know  before  that  that  Brown  had 
?n  any  money?— No,  it  was  some  days  be- 
kn  that  he  had  called  upon  this  Robert  Or- 
rock.  at  the  Dean,  and  the  two  went  into  my 
hm^*-  together,  and  I  happened  to  be  at  a 
*oci*-ty  meeting  that  night;  not  thinking  of 
any  person  there,  I  went  in,  and  heard  Brown 
*ay  he  was  employed  by  Mr.  Watt,  and  paid 
b'  Mr.  Downie;  I  inquired  no  farther  into 
t£e  conversation,  I  was  just  out  of  the  door. 

Did  you  ever  hear  any  thing  about  another 
convention  ? — No. 

Now  recollect  yourself,  whether  you  ever 
beard  of  any  other  convention  that  was  to 
meet? — ^I  do  not  remember  any  other  con- 
vcalioa  that  was  to  meet 

VOL.  XXIV. 


A.  D.  1794.  f60 

But  of  the  Water  of  Leith  Society?— Not 
sir. 

Mr.  Solicitor  General. — Did  you  ever  hear 
Downie  say  any  thing  of  a  letter  he  received, 
or  Watt  received  from  Perth  ?— All  I  remcm* 
her  was,  Downie  saying  he  had  received  a 
very  spirited  letter  from  Perth. 

You  entered  into  no  farther  explanation 
about  it  ?— No. 

Did  Downie  or  Watt  mention  any  thing 
more  about  it.? — ^Downie  read  the  letter  that 
came  from  Perth. 

What  was  the  letter  about?— It  was  about 
Mr.  Miller  in  Perth. 

What  was  it? — ^They  had  some  meeting, 
and  after  the  meeting  he  was  carried  before 
the  magistrate  and  examined,  whether  he 
had  made  a  practice  to  sell  them  to  the 
Friends  of  the  People ;  he  said  he  would  sell 
as  many  as  he  pleased. 

Was  it  soon  after  this  you  heard  Downie 
say  he  had  received  a  very  spirited  letter  from 
Perth  P— I  cannot  positively  say. 
.   Mr.  F(/!rtcAer.— You  said  Watt  read  a  paper? 
—Yes. 

Did  Downie  receive  notice  such  a  paper 
was  to  be  read  P — ^I  got  none,  and  never  saw 
it  after  that  night. 

Does  it  consbt  with  your  knowledge  any 
other  members  got  it  ? — ^I  cannot  say. 

You  never  had  any  conversation  with  Mr. 
Downie  upon  the  subject?— Never. 

Jury, — ^You  said  before,  you  had  been  in- 
formed Brown  and  Orrock  were  to  be  em- 
ployed by  Watt— what  were  they  to  do  ? — 
Brown  and  Orrock  were  employed  by  Watt.- 

What  to  do?— To  make  some  pikes  and 
things  of  that  kind. 

Mr.  Anstruther,  —  When  Watt  read  the 
proclamation,  it  was  not  at  the  same  time  he 
read  the  plan,  I  believe  ? — No. 

Mr.  Fletcher. — Who  took  the  chief  lead  in 
the  Committee  of  Ways  and  Means  ? — As  far 
as  I  can  recollect,  I  never  saw  a  man  put  pen 
to  paper  there  but  Mr.  Watt  and  Mr.  Stoke. 

Mr.  Clerk.  —  Had  you  any  conversation 
with  Mr.  Watt  or  Mr.  Stoke  about  it  after- 
wards ? — ^No. 

Did  you  never  mention  a  syllable  of  it  ?— 
No,  sir. 

Mr.  F/e^cAer.— Now,  do  you  believe  in  your 
own  mind,  that  Downie  ever  meant  to  carry 
into  execution  the  project  in  Watt's  paper  ? 
— He  never  said  a  word  to  such  a  purport,  as 
far  as  I  remember. 

PrisoTirr.— [by  Mr.  Clerk]  Whether  after 
leaving  the  committee  that  night,  when  Watt 
read  his  paper  to  seize  the  Castle  antl  judges 
and  so  on,  the  prisoner  said  any  thing,  in 
going  homewards  along  with  Ronthrone  ?— ■ 
I  cannot  remember  as  to  that,  but  ho  said 
nothing  at  the  time  it  was  read. 

It  was  after  leaving  the  committee  in  ?oins; 
home  with  you  and  Bonthronr .?— 1  rimnot 
say,  I  cannot  give  an  answer  to  it. 

Did  you  go  home  with  him  ^^  -I  jm  not 
certain. 

F 


67] 


34  GEORGE  m- 


The  question  is>  whether  you  went  home 
■with  him  that  night,  and  whul  couversalion 
passed  ? — I  can  D  01  recollect* 

Jury.— It  does  not  appear  whether  Downie 
aod  Vtatt  employed  Orrock,  or  Wall  otdy. 

Whether  Downie  and  Watt  employed  Or- 
f  ock,  or  whether  it  was  Walt  only  ?— Watt 
pah. 

Lord  Preside nt.-^Did  you  say  Downie  paid 
Lim  ?  «—  It  was  Brown  1  heard  say  he  was 
employed  by  Watt,  and  paid  by  Downie- 

That  was  by  a  resolution  of  the  committee  ? 
—By  no  means,  it  must  be  a  fabiicatjon  of 
his  own,  as  far  as  I  know. 

Mr.  Clerk* — Did  he  aeem  tahave  a  serious 
wish  this  plan  should  be  put  in  execution  ? — 
^s  to  his  wish  I  can  say  nothing  about  that ; 
fts  far  as  I  could  recollect,  he  seemed  to  in- 
terline some  part  of  the  paper. 

Did  he  ask  the  coromittee-s  opinion  upon 
k  ? — No :  I  thought  he  had  done,  and  I  spoke 
those  words,  I  oid  not  approve  of  it,  and 
Bonthrunc  backed  me.  As  soon  asl  tliuught 
it  was  doue,  I  said  I  would  not,  by  any  means^ 
do  any  thing  to  disturb  ihe  peace,  or  shed  the 
btood  of  my  countrymen;  and  Bonthrone 
said,  by  no  means. 

Tnis  never  came  on  again  ? — No* 

It  never  was  resumed  again  ? — No, 

At  any  lime  after  it  was  read  did  you  un- 
derstand it  an  object  the  committee  was  pur- 
suing ? — No ;  1  never  understood  it,  for  Mr. 
Bonthrone  opposed  itnceatively,  and  said  be 
would  agree  to  no  such  uiing, 

Bajron  Norton, — I  thought  you  said  that 
TOU  supposed  that  Fairley,  in  what  he  had 
Wen  doing  in  the  west  country^  had  beca 
doing  something  relative  to  tliis  plan? — 
1  wished  to  give  do  opinion ;  if  I  was  to 
ive  an  opinion,  I  woula  look  upon  it  in  that 
ghtf  but  I  know  nothing  of  his  reason  for 
going  thcre» 

Mr*  Clerk. — ^T'hcn  you  only  speak  of  your 
own  suspicion? — I  would  not  wisn  to  give  my 
opinion. 

'  .Mr,  Bonthrane aworl 

Lttrd  Advocate. --^WUtTC  did  you  commonly 
reside  before  you  were  taken  into  cu&tody  ? — 
In  the  new  town  of  Edinburgh. 
'    Before  Whitsimtide,wherc?— In  Broughton. 

Do  you  know  of  the  British  CooventioQ 
Win»  dispersed  ? — Y'es^  my  lord. 

Were  you  a  member  of  any  society  at 
BrouRhton  or  theNc w  Town  ?— At  Broughton. 

Did  your  society  send  delegates  to  thai 
convention  ? — Yes* 

After  that  convention  was  dispersed,  did 
your  sociciy  continue  to  meet  at  all  ? — I  b©- 
I  Iicve  it  dtd  for  some  short  time. 

Do  you  know  that  it  did  ? — Yes»  my  lord. 

Was  there  any  other  committee  or  convco- 
tioo,  to  wtiich  your  society  sent  delegates 
•flcr  that  ?— Yes,  my  lord. 

What  was  the  name  of  ihalmeetlDKlo  whlcb 
your  sodcty  itnl  dobgilM  t^tht  Comoiittcc 
oJ  UoiotL 


I 


[68 
meet?  —  At 


7Vml  of  David  Do^ftie 

Where  did  that  committee 
George  Koss*3. 

That  is  the  Gazetteer-office  ? — Yes. 

Do  you  know  it  to  be  the  Gazetteer-office  ? 
— It  is  George  Ross's  house ;  it  was  said  to 
be  the  Gazetteer-ofiice — the  Gazetteer-office 
is  a  separate  pkce  from  the  house. 

Where  is  it  ? — South  Bridge. 

Do  you  know  a  place  called  Liberty  Court? 
— 1  know  of  no  such  place. 

Did  you  ever  attend  any  of  the  meetinga 
of  that  committee  ?— Yes. 

You  were  a  delegate  from  the  Broughloo 
Society  ? — Yes. 

Do  you  know  David  Downie^  a  goldamith 
in  Edinburgh  ? — Y^s. 

Did  you  ever  see  that  man  in  that  commit- 
tee; see  if  you  can  find  him  out  now?^ 
rihe  witness  looks  at  the  prisoner].  Tcs,  my 
lord,— he  is  there. 

Did  you  understand  him  to  be  a  member 
of  that  coiumitLce? — I  understood  every  per- 
son pref^ent  to  be  a  member. 

At  what  time  did  the  committee  meet  oc- 
casionally?— I  do  not  recollect  the  precise 
lime. 

Were  they  usually  meeting  about  the  time 
you  were  taken  into  custody  ? — 1  know  no- 
thing of  it ;  I  had  led  the  meeting  a  moatb 
before  I  was  taken  into  custody. 

Did  they  continue  to  maet  when  you  gave 
them  up  ? — Yes, 

What  month  was  it  you  gave  them  up  ? — 
About  tlie'niiddle  of  April. 

Was  there  any  other  committee  you  had 
occasion  to  know  any  thing  about,  besides 
this  Committee  of  Union? — Yes,  there  was 
another. 

Tell  the  jury  what  it  was?— It  was  styled 
the  sub-couimittce. 

Of  whom  did  that  committee  consist,  and 
who  chose  it? — They  were  chosen  by  the 
Committee  of  Union. 

Were  the  members  of  the  sub-committee 
all  the  members  of  Uie  Committee  of  UnioD  ? 
—Yes. 

That  is  to  say,  the  Sub-committee  were 
chosen  a  prmdpal  committee  ? — Yes, 

Tell  the  name  of  that  Sub-committee,  and 
who  those  individuals  were  ? — They  consisted 
of  seven,  my  lord. 

Nante  them,  if  you  tan  ? — Aitcheson,  Burke, 
Stokc,^ 

What  was  Sloke?— do  you  know  his  pro* 
fesaion,  bb  business?^!  heard  he  was  a  slv^ 
denA*^M'£wan,  Watt,  Downie,  and  myself. 

TIkat  same  Downie?— Yes^  thiut  same 
Downie. 

Where  did  that  Sub-coounittce  meet? — la 
thai  same  house. 

Ilad  you  stated  nights  of  sieclijig  at  thst 
commlitec  ?-'Ye8,  once  a  week. 

Did  you  ever  meet  in  Wntt*shoiiscf — ^Yes, 

Did  you  ever  hear  any  oth<*r  n^une  eivefi 
that  Sub-committeev  cjicei>i  "^mj? 

— I  have  beard  of  ooothc-i  did 

xigt  know  it;  I  undccstood  it  unoci  mixi  wjtsu^ 


GSf]     M^W         Jar  High  Treason. 

What  was  that  olher  name  yon  heard  of? — 
I  read  it  in  a  printed  paper  caikd  the  Com- 
mit Lee  of  Ways  and  Means. 

And  where  did  you  see  that  pEfer  that 
called  it  the  Committee  of  Ways  and  Means? 
**  If  saw  U  in  the  sheriA^s  office :  I  vf2s  »howo 
il. 

Did  you  ever  see  that  paper  in  manuscript, 
iNsfore  you  ^aw  it  there  ? — Yes,  I  saw  part  of  it. 
And  where  did  you  see  it?— In  that  com* 
mittce,  of  which  I  was  a  member. 

The  circnlar  Iclter? — It  is  called  the  regu- 
lations. 

Is  ihat  like  the  paper  to  which  you  are 
alluding  F^Yea,  begin ning  Fundamental  Prin- 
ciples of  the  Society, 

Did  you  ever  see  any  other  printed  paper  or 
manuscript? — Yes. 

Wliat  paper  was  it?  Do  you  rememher  the 
iroporl  or  aubstancc  or  tenor  of  it?— I  do  not 
recollect  the  substance,  but  if  I  see  it^  I  know 
it. 

See  if  you  have  seen  that  in  the  Sub-com- 
loittee.    Look  at  it?— Yes,  sir. 

Is  tlial  the  paper  you  saw  in  manuscript? — 
Y'es,   part  of  il;   it  has  perhaps  undergone 
iome  corrections  since  it  went  to  the  press. 
Was  Downic  in  company  when  that  paper 
s  proiluced  ? — As  to  that  1  am  not  positive 
lether  he  was  or  not. 
Did  any  of  the  members  leave  it  before 
you  left  it? — Yes,  three  leftil  before  me. 
Three  before  you? — Yes. 
W*ho  were  iliey  ?— Ailchesoo,  Stoke,  and 
Burke  or  Burt. 

Did  the  other  three  continue  to  attend  ? — 

Four,  my  kird,  as  I  believe  I  was  a  week 

after. 

After  whom  ?— Th«re  were  just  three  in  it. 

Who  was  the  man  that  left  it  immediately 

before  you  ?  — Sloke,  my  lord. 

Was  Iherc  cvtr  any  money  collcoted  by  Ihat 
society  ? — Why,  yes>  we  collected  a  few  pence 
every  evening,  in  order  to  defray  the  ro43m 
expense. 

Was  there  any  money  collected  in  the  so- 
detieSy  and  dvcn  to  you  in  that  committee, 
or  to  any  of  the  members  of  it,  to  your  know- 
ledge ? — ^I  remember  once»  a  very  few  pence 
that  I  carried  to  that  committee. 

From  what  society  ? — From  the  Broughton 
Sode^. 

For  what  purpose  was  it  carried  ? — To  de- 
fray the  expense  in  printing  such  papers  as 
these. 

Was  no  other  purpose  held  out  in  your  so- 
cietyt  for  which  money  was  collected  ? — I  do 
not  recollect  any  other  purpose,  my  t^rd,  I 
remember  there  was  an  account  owing  to  Mrs. 
Skifving,  some  demand  she  had;  I  suppose 
ibe  wouJd  get  some :  I  do  not  know  she  jg^t 
any,  but  a  demand  was  made,  or  proposeato 
bcjEiveo  in. 

Did  any  body  act  as  treasurer  to  the  com- 
mittee ? — ^There  was  no  treasurer  chose. 

Did  any  body  act  as  treasurer  to  that  com- 
BUttec  to  your  knowledge  ?^Mr.  Downie  was 


D-  nn. 


[70 


ordered  to  take  up  a  few  pence  ihat  was  over 
the  money  due,  and  I  suppose  he  look  up 
any  money  that  came  to  hand^  but  was  Dot 
chosen  treasurer. 

Do  you  know  any  thing  of  collectors,  or 
people  of  that  sort  ?— I  was  entirely^way  from 
the  committee  before  these  collectors  bad 
any  meeting  at  alj. 

Did  you  know  they  were  appointed  .''—Yes, 
I  have  heard  they  were  appointed* 
Was  it  in  a  committee  ?— No. 
AVas  it  in  your  society  that  you  heard  it,  or 
fromany  metnberof  your  society  ? — They  were 
appointed  I  suppose  by  the  societies. 

You  only  suppose  it — do  you  know  it?— I 
only  speak  from  my  own  knowledge. 

Mr.  Amiruther, — Do  you  speak  from  your 
own  knowledge  ?^Ycs,  my  lord. 

Do  you  know  what  the  duty  of  those  col- 
lectors was,  or  the  purpose  for  which  they 
were  appointed  ?^ — I  Know  little  or  nothing 
at  all  about  the  business,  because  I  left 
them. 

Do  you  know  a  little  about  it;  even  a  little 
— tell  nothing  but  what  you  know?— I  be- 
lieve it  was  to  see  and  collect  a  Jittle  money  ; 
to  send  a  delegate  to  England,  upon  any  emer- 
gency, if  I  recollect  welH 

A  delegate  to  be  sent  to  a  convention,  if 
any  ? — Yes. 

There  was  no  such  eonvention  before  you 
left  the  committee  ? — No. 

State  to  the  jury,  if  you  recollect,  what  was 
the  reason  of  your  leaving  that  committee  ? — - 
I  ^ve  a  statement  of  that  the  otlier  day. 

Mr.  Anstruthcr, — Those  gentlemen  did  not 
hear  you. 

Lord  Advocate. — ^Tell  ua  nothing  but  what  i» 
true. — I  wish  not  to  say  any  thing  untrue. — I 
gave  one  reason  for  leaving  it,  which  was  my 
removing  to  another  quarter  of  the  town  to 
teach.    X  gave  no  other  reason  to  the  com- 
mittee, though  I  had  two  other  reasons,  one 
of  which  was,   that  I  thought  1  evidently  saw 
matters  coming  to  some  very  great  length,- 
and  that  I  tiiought  I  could  not  remain  any] 
longer;  the  other  reason  I  would  not  choosal 
to  advance;  it  is  a  simple  thing,  but  delicate ;  J 
it  is  not  respecting  the  committee^  btitthaf 
peace  of  my  own  family,  my  lord.  i 

I  do  not  ask  you  about  that?— These  ara^ 
aU  tlie  reasons  I  had. 

You  stated  you  saw  things  were  going  ft 
length  you  did  not  approve,  and  theretorc 
you  left  it? — ^Tbat  was  one  of  the  real  rea- 
sons. 

Had  you  any  particular  reason  for  forming^ 
that  opinion  ? — Yes   I  had. 

Be  so  good  as  to  tell  tlie  jury  what  it  was  ?  - 
—It  was  a  paper  that  J  heard  read  by  one  of  ^ 
the  Sgb-committee. 

What  committee?— One  of  the  Sub-com- 
tnittec. 

Who  were  present  at  the  meeting  of  tha- 
Sub-committee  ivhen  this  paper  was  read  ?— • 
Sloke,  WaU>  Downie,  M*Ewan,  and  I. 
As  far  as  you  recollect,  what  was  the  iaoL« 


71J 


34  GEORGE  III. 


Trial  of  David  Dotonie 


[72 


port  of  that  paper  ?— Which  of  those  persons 
i«ad  that  paper  ? — Watt 
At  far  as  you  recollect,  what  was  the  un- 

f)rt  and  substance  of  that  paper?— My  lord, 
can  say  very  little  about  the  substance;  it 
raised  such  a  panic  in  me,  I  could  not  sit  to 
hear  it ;  I  can  say  veir  little  about  it. 

But  you  must  say  that  little,  and  you  must 
say  it  to  the  jury. 

Mr.  AnstnUher, — ^You  have  sud  you  recol- 
lect little  of  that  paper,  it  put  you  into  such 
an  alarm,^now  tell  the  gentlemen  what  that 
was  ?— 'It  seemed  to  me,  the  little  I  did  hear 
of  it,  it  seemed  to  have  a  kind  of  hostile  ap- 
pearance that  alarmed  me. 

Can  you  recollect  what  word  was  in  it  that 
had  an  hostile  appearance  P — It  mentioned,  as 
a  supposilion,  if  a  number  of  men  could  be 
collected  together  for  certain  purposes. 

What  were  the  purposes  ?-— If  I  mistake 
not,  it  was  to  alarm  the  soldiery  in  the  Cas- 
tle ;  that  was  one  thine  that  struck  me  in  it. 

How  were  they  to  alarm  them  ? — I  do  not 
positively  recollect,  my  lord. 

What  do  you  recollect  ?— That  is  part  of 
what  I  recollect. 

What  more  do  you  recollect ;  give  us  the 
other  part  of  what  you  recollect  ? — I  think  it 
was  to  seize  the  guard-house. 

What  were  they  to  do  when  they  alarmed 
the  soldiery  in  the  Castle  ?— I  do  not  remem- 
ber as  to  that:  I  think  the  excise-office. — 
What  was  said  in  the  paper  about  the  excise* 
office  ? — I  do  not  rememoer  a  word  that  was 
said  about  the  excise-office,  but  only  to  seize 
it  and  the  bank. 

To  seize  any  thing  else  ?— I  recollect  no- 
thing farther. 

Do  you  recollect  that  any  body  was  to  be 
seized? — Not  one. 

Were  any  one  person  or  persons  to  be 
seized  ?  do  you  recollect  nothing  about  the 
magistrates  of  Edinburgh  being  mentioned  ? 
— I  do  not.  I  do  not  recollect  one  name  being 
mentioned. 

Were  any  magistrates  mentioned  of  Edin- 
burgh?—I  do  noC  recollect. 

Lord  Fretidtnt, — Was  any  thing  said  about 
taking  possession  of  the  Castle,  or  seizing  the 
Castle,  or  any  thing  of  that  kind  ? — If  I  mis- 
take not,  that  was  the  intention  of  the  sol- 
diery being  brouglitdown  from  the  Castle,  but 
I  eannot  he  positive  whether  that  was  really 
mentioned  or  not 
You  were  alarmed  ?— Yes,  my  lord. 

The  plan  alarmed  you?— Yes,  those  things 
that  I  have  mentioned. 

Wliat  did  Arthur  M^Ewan  say  after  the 

Elan  was  read  ?— If  I  recollect  well,  he  said 
e  would  by  no  means  go  on  with  any  thing  of 
such  a  nature. 

What  did  you  say? — I  answered,  no,  by  no 
means ;  if  I  recollect  well,  tliose  were  the 
words  I  used. 

The  thing  which  Arthur  M'Ewan  said  he 
would  not  go  into,  was  the  Hune  thing  to 
which  you  said,  no^  no  ?— Ye*  -  *^*  no  meansi 
if  I  well  recollect. 


Did  any  body  else  say  any  thing  about  that  ? 
— ^I  do  not  remember  a  word  iarther  spoke 
about  it. 

Do  you  mean  to  say,  no  more  was  said 
about  it  ? — ^No  more  was  said  about  it 

What  became  of  it  after  that? — ItwasifS:''- 
mediately  placed  in  a  press,  in  one  comer  of 
the  room. 

Who  were  they  that  were  to  be  collected  to 
do  this?— As  to  that,  there  was  no  person 
named,  nor  place  from  whence  they  were  to 
come. 

Who  did  you  understand  were  to  be  the 
people  to  execute  this? — I  was  naturallv  led  to 
suppose,  my  lord,  it  was  meant  to  be  done  by 
the  Friends  of  the  People. 

Jury. — ^Where  was  this  meeting  held,  when 
this  paper  was  read?— It  was  at  Mr.  Watt's 
own  house. 

Was  this  upon  a  committee  night  ? — ^No,  my 
lord. 

What  night  was  it  then  ?— If  I  mistake  not, 
it  was  a  Thursday  evening. 

For  what  purpose  did  the  committee  meet 
that  night? — For  the  purpose  of  writing  a  letter, 
if  I  recollect  right. 

Now  whom  was  that  letter  to  be  written 
to  ?— I  think  it  was  to  Mr.  Hardy  in  London. 
What  was  the  letter  about? — I  have  en« 
tirely  forgot;  it  was  an  answer  to  a  letter 
they  had  received,  but  I  never  had  it  in  my 
hand. 

Was  it  about  a  Convention  ? — I  never  had 
the  letter  in  my  hand. 

Was  it  a  prmtcd  letter,  or  a  written  letter  ? 
— I  think  it  was  a  printed  letter. 

Is  that  like  it  ?  Did  you  hear  it  read. — Yes. 
[The  Circular  Letter,  signed  T.  Hardy,  shown 
the  witness.] 
Is  that  like  it  ?— I  think  so. 
Mr.  Amtruiher  — ^This  is  a  letter  upon  which 
the  committee  met ;  it  was  a  special  purpose, 
you  said  before? — ^Yes. 

What  other  conversation  was  there  at  that 
meeting  ? — If  I  recollect  well,  there  was  no 
other  business  for  them  that  evening. 

But  there  was  some  conversation  ? — As  to 
conversation  I  remember  none,  my  lord. 

Was  there,  or  not,  conversation  about  arm- 
ing ? — Not  a  syllable,  as  far  as  I  recollect 

Was  there  any  conversation  about  an  inva- 
sion ? — I  remember  not  a  sentence  but  what  I 
have  told,  that  passed  that  evening  nor  no  other 
personal  conversation. 

Do  you  recollect  whether  that  answer  was 
or  not  agreeing  to  tliat  letter  ? — I  do  not  recol- 
lect. 

You  wrote  an  answer.^ — An  answer  was  wrote 
that  evening. 

Wlio  was  to  carry  that  letter  to  Hardy  ? — ^Was 
it  to  ^0  by  post? — ^No,  my  lord,  it  was  to  go  by 
shipping. 

It  could  not  go  to  the  ship  without  some- 
body carrying  it— it  could  not  find  its  way  to 
the  ship  ? — I  do  not  know  who  carried  it. 

In  the  committee,  was  there  any  partiodar 
person  pitched  upon  to  take  it  to  the  ship?— 
There  was  a  person  pitched  upon  to  lake  it 


73]  for  High  Treason. 

Wbo  was  it  ?— Mr.Stoke. 
What  was  it  in  answer  to  ?— It  was,  I  recol- 
lect weUy  an  answer '  to  that  letter  you  have 
shown  me. 

Where  did  you  go  afler  you  hadlefl  the  com- 
mittee ?— We  went  up  the  town  a  little,  and 
taok  some  small  refreshment,  as  Stoke  was 
a2K>ut  to  leave  the  place  in  a  day  or  two. 

Who  went  up  the  town  ?— All  the  members 
that  were  present. 

Where  aid  you  go  to? — I  take  it,  it  was  a 
public  bouse ;  I  never  was  there  before,  nor 
since. 

What  part  of  the  town  was  it  ?— It  was  up 
above  the  prison  here. 

Do  you  know  Forster's  Wynd,  or  Liberton's 
Wynd  ? — It  was  the  wynd  above  the  gaoL 

Did  you  ever  hear  of  a  woman  called  Mrs. 
Mason? — ^Yes. 
Was  it  there  ?--Ye8. 
Did  you  ever  go  there  again  ? — ^Yes. 
Had  you  any  conversation  about  this  paper 
with  Mr.  Watt  ?— Not  a  syUable. 

You  bad  do  conversation  about  it  going  up 
thestreet?— No. 

Had  you  no  conversation  with  Mrs.  Mason 
iboutit? — No,  there  seemed  to  be  a  stranger 
there ;  there  was  a  stranger  that  just  came  into 
our  company,  a  little  after  we  were  met;  at 
least  he  was  so  to  me. 

I  think  jTOu  said  you  were  very  much  alam>- 
ed  by  hearing  this  plan  read,  Mr.  Bonthrone? 
—Yea. 

And  you  gave  as  a  reason,  because  you 
duMght  It  an  hostile  paper?— Yes,  it  had  the 
appearance  of  it. 

Dki  you  determine  to  continue  in  the  society 
tfler  t^t,  or  did  you  determine  to  leave  it  after 
that? — I  determined  to  leave  the  society  after 
that ;  in  a  day  or  two  after  I  came  to  a  full  re- 
sokition. 

Did  you  take  any  stepa^for  announcing  that 
ftsolutioD  to  the  public  ? — Yes,  my  lord,  but  I 
did  not  put  it  in  execution. 

Now  what  did  you  do  ?— I  intended  to  adver- 
tise, but  there  was  a  circumstance  in  my  own 
conduct  that  prevented  roe. 

What  did  you  mean  to  advertise  ?— That  I 
wished  to  drop  all  connexion  with  it. 
Did  you  write  a  few  lines  ?— Yes. 
When  did  you  write  it  ?~That  same  week 
tint  I  left  the  committee,  towards  the  end 
ofiL 

This  was  a  Thursday  ni^ht  this  meeting  was  ? 
—Yes,  my  lord,  but  notwithstanding  that  I  re- 
solved^— 

Mr.  Anstnttker. — ^The  meeting  was  on  a 
Thursday  night,  and  you  wrote  your  adver- 
tisement sometime  in  the  course  of  the  week? — 
I  think  it  was. 

You  are  sure  you  wrote  the  advertisement 
whhiD  a  few  days  after  the  meeting  you  have 
been  talking  of  ?— I  believe,  my  lord,  it  might 
be  the  following  week. 
Was  it  within  a  few  days  ? — It  was. 
Waa  what  passed  at  that  meeting  your  rea- 
mifer  writing  that  advertisement?  — Yes, 
that  together  with  other  circiuistances. 


A.  D.  1794. 


[74 


Read  this,  and  tell  me  whether  that  is  the 
advertisement  you  wrote  ? — ^Yes,  my  lord,  it 
was  wrote  on  the  Monday  evening ;  and  I 
thought  I  might  as  well  go  back  on  the  Tues- 
day, and  take  my  leave  of  them,  which  I  did. 

Was  this  written  the  day  it  was  dated  ? — ^Yes 
or  I  have  mistaken  the  date. 

[Papcrread.]    ''  Mr.  Bonthrone  to  the  pub- 

"  Brougkton,  April  31.  I  William  Bon- 
throne, teacher  in  Broughton,  a  new  chosen 
member  of  the  Committee  of  Union,  in  March 
last,  and  sub- committee  ;  but,  for  reasons  of 
weight  with  roe,  declare,  tliati  have  dropt  adl 
connexions  or  communications  with  said 
committees.  Wm.  Bonthbone." 

What  did  you  do  with  that? — I  just  laid  it 
by,  as  there  was  a  circumstance^ — 

I  am  asking  you  about  that  paper ;  you 
laid  it  by;  did  you  keep  it  yourself  ?^- Yes. 

Did  you  keep  it  till  you  were  taken  up  ? — 
I  suppose  I  was  perhaps  6  or  7  weeks  Uken 
up  before  it  was  sent  for  by  one  of  the  officers ; 
they  went  to  my  house ;  they  got  my  key  ; 
the  sheriff  ordered  me  to  give  my  kev. 

Was  it  in  your  house  tmtt  it  was  found? — 
Yes. 

Did  the  sherifiPs  ofiUcer  bring  that  paper  ?— 
Yes. 

Now,  you  say  that  paper  was  written  on  a 
Monday,  and  you  went  back  on  the  Tuesday 
to  the  committee  ? — ^Yes. 

You  went  back  to  another  meeting  of  the 
Committee  ? — Yes. 

What  did  you  do  there  ?— I  do  not  remem- 
ber any  business  that  evening. 

Did  you  take  leave  of  them? — Yes,  my 
lord,  I  took  leave  of  them,  and  took  leave  of 
the  society  of  which  I  was  a  member. 

Did  you  take  leave  of  the  committee  and 
the  society? — ^Yes,  both  in  one  week. 

Was  it  the  same  reason  that  made  you  leave 
the  committee  as  made  you  leave  the  society? 
— I  gave  Uie  same  reasons. 

Had  you  the  same  reasons  in  your  own 
mind? — Yes. 

Do  you  know  a  lad  of  the  name  of  Fairley  ? 
—Yes. 
He  is  a  friend  of  your's  ? — Yes. 
He  lives  at  Broughton? — Yes. 
An  intimate  acquaintance  of  your's  ? — Yes. 
Mr.  Anstruther.    Tell  me  your  reason  why 
you  did  not  publish  that  advertisement? — 
The  reason  was,  because  I  met  with  the  lad 
Fairley,  and  wrote  two  or  three  lines  to  him ; 
and  after  he  went  away,  he  found  fault  with 
ray  conduct,  because  I  had  left  all  the  com- 
mittfcs. 

What  were  the  two  or  three  lines  about?— 
It  was  to  Mr.  Watt;  I  directed  him  to  ad- 
vance a  few  shillings  to  him,  as  he  was  going 
to  Falkirk  to  i»ee  a  sister ;  he  told  me  he  had 
some  commission  to  take. 

From  whom  '—He  did  not  mention  the 
person. 

Who   was  the   commission    from?— Mr. 
I  Watt. 
I      Who  else  .'—No  other  peisoiu 


34  GEORGE  IIL 

What  money  was  he  lo  get  ?*— Purely  out 

t>f  friend  si  iip. 

What  money  was  h  be  was  to  advance 
him? — I  do  not  recollect,  it  was  a  few  shil- 
lings; which  he  was  to  account  for  on  his 
return. 

Whose  money  was  it? — I  suppose  if  there 
was  a  few  shillings  in  Mr.  Downie's  hands, 
Mr.  Walt  could  give  il  him. 

How  wa^  money  to  come  into  Downie's 

hands?—  If  there  was  a  few  shillings  over. 

Over  what? — Over  what  we  collected  for 

defraying  other  charges. 

Then  It  was  the  committee's  money  he  was 

gel? — I  sup  pose  1 1  so ;  I  did  not  understand 

lie  was  to  give  it  out  of  his  own  pocket. 

Had  Downie  the  keeping  of  the  coromit- 
itee*9  money  ?—  For  any  thing  I  know. 

Do  ntil  you  know  he  had  it  ? — Yes,  my  lord, 
lie  had  it  formerly. 

While    you  continued  a  member  of  the 
immittee,  Mr.  Downie  had  the  money? — 
iYeSj  my  lord» 

Why  was  the  committee  money  to  be  ad- 
iced  lo  the  lad  Fairley  ?  I  suppose  you  did 
not  advance  the  committee's  money  to  any 
unless  tlicy  were  upon  your  business, — why 
was  it  to  be  advanced  to  Fairley  ? — It  occurred 
to  me,  if  Fairley  was  going  to  take  a  commis- 
aion  from  Watt^  he  would  a^k  for  a  few 
I       shillings* 

^^  Was  Fairley  going  upon  the  corarailtee'a 
^Bftusincss,  or  Watt's  private  business  ?— I  never 
^Hlekcd  him ;  he  never  told  me* 
^H  How  came  you  to  desire  the  committee's 
^^^money  to  be  advanced  for  private  business  of 
^^BWatt's? — I  only  desired,  as  he  was  sending  a 
^^^Veomrnission  with  him,  that  he  would  advance 
^'  a  few  shillings,  to  assist  him  upon  his  journey, 
for  which  he  would  account  with  him. 

Why  was  he  to  account  with  Watt,  he 
ihould  have  accounted  with  Downie, — what 
money  was  it  you  meant  he  should  advance 
to  Fairley,  was  it  his  own  money  or  the  com- 
mittee's money?— My  idea  was,  it  was  the 
committee's  money,  iHt  was  the  committee's 
business,  but  that  I  did  not  know,  he  did  not 
say  it  was  the  committee's  money. 

Do  you  know  if  the  money  was  paid  to 
Fairley  ?— I  do  not  know  tliat  Fairley  got  a 
shilling  of  it. — 

Did  Fairley  ask  you  to  write  again  lo  Watt 
or  Downie  tor  money  ? — No. 

You  never  went  back  to  the  committees  ? — 
No,  nor  no  society ;  there  may  be  an  tneon- 
aistency  of  taking  leave  of  tiiat  society  and 
committee,  and  writing  that  line. 

Then  there  would  have  been  no  incon- 
sistency, if  tiiat  hne  had  been  about  your  own 
private  busmeas  ?*-No. 

Look  at  that,  tell  me  if  you  know  any  thing 
about  tliat  ?— [showing  a  paper],— Yes,  my 
lord, 

Vrwi  tt-i-^fiWfci  tlia»  '— YeS. 

N  tliat  from  ?— I  took  it 
<r  ,,  drawn  by  Uie committee 

of  liiiioDi  ftt  ieast  a  copy  that  wis  diAwn  in 


Trial  qf  David  Datimie 

til  at  committee  was  given  to  mc,  and  I  drew 
that  from  it. 

What  did  you  do  with  that  copy  ?— If  I  mis- 
take not,  it  was  read  in  the  Brougnton  society, 
and  went  from  that  to  another  society. 

Did  you  do  any  thing  in  the  Broughton 
society  in  consequence  of  this.^ — Yes,  tny 
lord,  there  were  2  or  3  delegates  chosen,  tu 
attend  the  Committee  of  Union. 

Which  was  the  Committee  of  Ways  and 
Means  ? — ^The  Sub-committee* 

Whom  were  they  chosen  from  ? — They  were 
chosen  from  the  Committee  of  Union. 

How  often  were  they  changed  ? — The  Sub- 
committee? 

Yes. — ^l*here  was  no  change  during  my  stay. 

Was  it  an  open  or  a  secret  committee  ? — 
There  was  none  of  them,  committees  or  sub- 
committees, open  to  any  one  that  appeared, 
unless  they  were  members. 

Was  the  Sub- commit  tee  a  secret  commit- 
tee ?— I  know  oothmg  about  the  name  secret 
committee. 

Was  it  so  in  fact,  did  you  let  any  body  in 
but  yourselves  ? — We  never  all  met  but  one 
evenm^,  except  the  first* 

I  ask  whetner  you  ever  let  any  body  into 
that  committee  ?— Any  persons  that  had  any 
busmcss* 

What  sort  of  business  ?^Such  as  a  letter  to 
give.  Any  body  that  had  business  with  the 
committee  came  in* 

You  know  what  a  secret  committee  means, 
do  you  ? — I  do  not  know  what  you  mean* 

But  you  know  what  the  wortls  mean  f — Just 
such  a  committee  that  wishes  lo  have  their 
business  in  secret  or  private.  I  mean  we  had 
always  our  door  shut,  and  no  perhons  came  in 
except  they  had  business. 

And  the  Committee  of  Union  was  the 
same  ?— No  persons  attend,  as  far  as  I  know 
of  it,  but  merabers. 

Did  you  ever  hear  of  such  a  thing  as  col- 
lector ? — Yes. 

Were  Uiey  for  dislricts,  or  divisions  of  the 
country? — I  suppose  it  would  rather  be  io 
numbers. 

By  saying  you  suppose,  do  you  mean  that 
you  understood  it  was  to  be  in  numbers  ? — Ye^ 
£  suppose  so. 

You  may  as  well  drop  the  word  suppose  ? 
— I  use  the  word  suppose,  because  I  am  not 
altogether  certain. 

Look  at  that  naper,  did  you  ever  see  a 
paper  of  that  size? — 1  have  seen  that  in  ma- 
nuscript. 

Where  did  you  see  it  ?— I  think  il  was  in 
the  cnmmitlee,  when  it  was  wrote* 

What  committee?— The  Sub- committee. 

You  said,  you  never  all  met  but  once  ? — Ye^ 
my  lord^  viz*! he  first  evening. 

Was  It  on  the  &ra  cveniiig  when  yo*J  saw 
that  paper ?->That  was  neither  the  brst  Dor 
second* 

When  was  it?— >I  do  not  fecollect  the 
eveniog* 

About  wliat  time  was  ilf-^l  suppose  it 


wi 


Jot  High  Tftasonl 


A,  D.  17W. 


[78 


Rfiicv 


would  be  abcHjt  the  fint  of  Marth^  or  there- 
•bon^,  or  April,  I  thiuk. 

Now,  in  who^  liaiid^  did  you  see  that  ma- 
nuscript P—Mr,  Stoke' s  hand. 

Wad  k  written  in  that  committee  ? — Yes^ 
mv  lord. 

XVho  was  there  when  it  was  written  ? — I  do 
Dot  recollect  the  members  ttiat  were  preisent ; 
I  outnot  recollect^  some  oft  he  members  might 
V«  ;ib^ent. 

Which  might  be  absent  P^I  do  not  know 
who  were  abseot. 
Wt5  it  a  full  meeting,  or  small  meeting? — 
'  '  fotir ;  there  were  three  gone. 

ey  could  not  he  gone  before  you  saw 
ke  write  that  paper  ? — I  suppose  three  were 
IBDe — two  gone,  I  mean. 

00  T04I  remember  whether  the  other  five 
wffc  there  that  night  ?— I  am  not  positive. 
Was  Arthur  M*Ewan  there  ?— He  was  ab- 
n:  two  utghta. 
LHow  many  times  were  you  at  the  Sub-  com- 

I  t^i  cannot  answer  to  that, 
[Wcte  you  there  10  times? — Perhaps  I  was 
» the  half  of  it. 
_THten  you  were  there  4  or  5  times  \ — Pos- 
wititf  I  waii. 

By  po^ibly,  you  think  you  were  ?— I  am 
0^  ^*  to  the  number. 

be  one  more  or  less  ? — Yes. 

\ou  arc  sure  it  mi^ht  not  be  10  limes  ? — It 

h  uu|)0^ible  it  could  be  that,  owing  to  the 

ttlBe  of  my  leaving  ir. 

Till  me  whether  Mr  Watt  read  it?— I  do 

til,— if  I  recollect  well,  there  w&s  no 

thai  night,  except   the  answer  to 

Was  this  paper  read  in  the  committee  ?— 

WbH  l»a»  said  about  it  ?— I  know  nothing 
aaj  farther  than  it  was  wrote,  and 
|wa*  to  take  the  management  of  it. 
[  Wild  was  to  take  the  management  about 
I-- About  what? 
_^Thr  Irttrr  ^  hich  was  to  go  to  Han3y,  the 
fifcraUo^it  the  Fencibles? — I  know  no  more 
than  I  saw  it  when  it  was  wrote. 

DmI  ntibodjf  say  any  thing  about  it  in  the 
ONBifiitlee  } — t  do  not  remember  a  word, 
►  Wa»  rt  a  public  paper  of  the  committee,  or 
IprtTate  tiling  of  Mr    Stoke's  own? — Mr. 
* !  Woujght  It  into  the  committee. 

i  ptopik  do  tiny  thing  in  the  committee, 
t  Hi*  04mimittcc's  business?— No. 

when  Mr,  8toke  was  writing  that 

r,  ami  wtun  li*»  ri^ad  it,  It  was  about  the 

=  ?— I  have   told    every 


S 


aboiti: 
ly.my 
Lwbcn 

«lMih«  I 
'Ewan  wa^  a  I' 
U>c  con ! 


to  be  writing  that 
'9  business  ?--Cer- 
•  f  imagined  it  was  pri- 
**  in  the  committee  ? 

^  ni|E;ht  ? — I  cannot 
s  noi,  but  I  think 

need,  if  Burke 


ftvmy^  and  Vv  atwn  away  and  MEwan 


they] 


not  there,  then  the  committee  only  consi&„ 
of  Walt,  Downie,  Sluke,  and  yourself  ?— -Ye 

Now  Stoke  was  there  ? — Yes. 

Was  any  body  there  besides  you  and  Stokel 
— ^Yes. 

Were  you  and  Stoke  alone  ? — ^No,  my 
I  do  not  think  that. 

Was  anybody  there  besides  Stoke?— The:, 
were  only  two  remaining.    I  am  not  positive' 

What  do  you  think  about  it  ? — I  think  " 
were  present,  I  cannot  say  for  certam. 

[The  paper  read.]  This  paper  is  dated,  Etli 
burgh,  5th  of  March,  1704. 

**The  general  committee  having  met,  C. 
Stoke  appointed  preses,  and  citizen  Uoberti,, 
secretary  ;  the  business  commenced,  by  form 
ing  a  plan  of  organization  for  the  Friends  of 
the  People  in  Edinburgh ;  citizen  Walt  pro- 
posed to  recommend  to  the  diU'erent  societies 
to  choose  a  permanent  committee  to  sit  onc«i 
a  week;  and  that  they  should  be  a  committee' 
of  7  to  l>e  empowered  to  transact  the  hu 
ness  of  the  Friends  of  the  People;  the  coi.. 
mittee  to  report  to  the  dift'creut  societies ;  anu 
that  tliis  commiUec  recommend  to  their  dift 
fcrent  societies  to  choose  two  or  three  me 
bers  for  the  committee  to  meet  onTuesi. 
next,  at  7  o'clock,  and  that  they  choo&e  tSa^ 
Sub-committee  to  sit  the  same  evening,  and 
report  to  the  General  Committee." 

BJr.  Clerk. — You  spoke  about  a  paper  that 
alarmed  you  much;  did  you  hear  such  a 
paper  was  to  be  read,  before  you  went  to  the 
committee  that  night? — No>  I  never  heard  a 
ward  about  it ;  the  pajjer  was  just  laid  by,  and 
not  a  word  said  about  it. 

it  was  taken  up  by  Watt,  and  read  ?— YesL^pJ 
and  then  laid  up  by  Watt.  jIH 

Did  you  conceive  it  a  proposal  made  by^" 

Watt,  for  the  adoption  of  the  committee? 

No,  my  lord,  1  never   viewed   it  in   that 
hght. 

Inwhathghl  did  you  view  it?  Was  it  a 
scheme  to  be  put  in  execution  by  the  com- 
mittee?— I  dare  say,  that  committee  never 
would  have  adopted  such  a  scheme. 

I  think  you  said  M^Ewan  expressed  his  ab- 
horrence at  tlie  scheme,  and  you  expressed 
yourself  much  to  the  same  purpose  ?^I  said, 
no,  DO. 

Did  you  understand  these  expressions,  as 
consistent  with  the  opinion  of  the  rest  of  the 
committee  ? — As  to  tne  expression,  the  rest  of 
the  committee  did  not  express  approbation  or 
disapprobation. 

Was  it  a  scheme  proposed  by  llie  com- 
mittee ?— I  never  looked  upon  it  in  ihatligh' 
or  that  it  was  read  with  that  view ;  I  kne 
nothing  of  whether  Mr.  Watt   wrote  t1 
paper. 

Did  you  conceive  it  merelv  as  matter  of 
curiosity  ?--I  rather  considered  it  as  a  kind  of 
phrenzy,  my  lord. 

Did  any  of  the  members  of  the  eoromtttee 
express  any  approbation  of  ihe  scheme?--^ 
None  that  1  tecollccl.  i 

Had  yoa  any  ccnver^fttioQ  with  Dowtu« 


►n  or 

om-^J 
igh^f 
neni^H 


79] 


34  GEORGE  m. 


Trial  qfDaxM  Dtmiie 


[80 


about  it  ftf\erwanls?^Never  ft  syllable,  as  far 
I  recollect. 

Can  you  affix  any  reason  for  that ;  for  not 
conversing  with  the  committee  about  this 
strange  paper? — I  never  was  in  the  committee 
but  one  time  aAer ;  I  never  saw  Mr.  Downie 
after,  but  one  day  I  passed  him  going  to 
chuich.  I  never  saw  Mr.  Downie  after  that 
evening. 

Who  took  the  chief  lead  and  direction  of 
the  business  of  this  Sub-committee? — Mr. 
Stoke  and  Mr.  Downie  wrote  any  thing  they 
had  occasion  to  write. 

Mr.  Afutruther.-^MT.  Stoke  and  Mr.  Dow- 
nie wrote  any  thing  they  had  occasion  to 
write? — ^No,  not  Mr.  Downie. 

Mr.  Stoke  and  Mr.  Downie  you  said. — It 
was  a  mistake. 

Who  was  employed  by  the  committee  ? — I 
do  not  understand  you. 

Was  Downie  an  active  member  of  the  com- 
mittee ? — He  was  a  member. 

Did  he  interfere  much  in  the  management 
of  the  business? — No,  not  anv  further  than 
taking[  a  few  pence  that  was  brought  to  the 
committee,  but  never  kept  any  book  as  I 
know  of. 

Was  there  much  money  collected  ?— No, 
my  lord,  while  I  remained  there  was  not. 

Could  you  give  a  name  to  it  ?^I  could  not. 

Was  there  30«.  SOf.  or  40s.— I  could  not 
give  it  a  name,  my  lord,  on  no  account. 

Was  there  100/.  collected  ?— There  might 
not  be  100/.  for  me. 

Mr.  Downie  took  the  whole  that  was  col- 
lected?—Yes. 

And  paid  for  the  room? — Yes,  I  under- 
stood so. 

Had  you  any  book  ?— No,  no  book. 

No  minutes  ? — ^No  minutes,  my  lord ;  there 
was  no  preses  chosen,  nor  no  minutes. 

Do  you  know,  from  your  own  personal 
knowledge,  that  Mr.  Downie  received  any 
monev  at  aU?«I  know  of  my  own  personal 
knowledge,  that  I  have  seen  Mr.  Downie  take 
up  a  few  pence,  and  jot  it  down  to  pay  for  the 
room. 

Have  you  seen  any  money  paid  by  him  ?— 
Yes,  a  few  shillings. 

Can  you  tell  what  was  paid  to  him  ? — It 
was  impossible  forme  to  tell. 

I  ask  you  what  you  know  from  your  own 
knowledge  ? — I  have  said  I  have  seen  a  few 
shillings  paid  in  at  the  time. 

And  that  is  all?— Yes. 

Mr.  AfutnUker, — Were  you  present  at  the 
Sub-committee  on  the  first  of  April,  do  you 
remember  ?— My  lord,  I  cannot  recollect  as 
to  the  day,  it  is  impossible. 

Do  you  know  Mr.  Downie's  hand- writing? 
— I  do  not  recoUect  his  hand-writing ;  except 
in  the  shcrifPs  office,  I  never  saw  him  write 
down  what  he  had,  he  jot  that  down  for  a 
fewpence. 

Mr;  CUrk^^You,  say  the  cause  of  your 
alarm  was,  they  were  to  cany  Ihinss  to  an 
extraordiDaiy  length;  do  you  think  Uiat  Mr. 


Downie  was  one  of  those  who  meant  to  do 
so  ? — I  never  understood  the  measures  in  that 
paper  were  to  be  carried  to  any  length  at  all, 
out  that  paper  was  just  to  be  thrown  by  and 
destroyed;  I  never  understood  that  was  ever 
to  appear  in  that  committee  again. 

I  thought  you  mentioned  your  reason  for 
leaving  that  Sub-committee  was,  you  were 
afraid  they  were  going  to  push  measures  to 
an  extraordinary  lengtn,  diet  not  you  say  so  ? 
— I  said  it  went  extraordinary  lengths,  but  I 
did  not  think  it  was  to  be  carried  into  exe- 
cution. 

Was  Downie  one  of  the  people  by  whom 
you  were  afraid  it  would  be  carried  to  extraor- 
dinary lengths  ?— No,  sir,  I  never  saw  any 
thing  in  Mr.  Downie,  that  gave  me  the  least 
occasion  for  any  alarm. 

Have  you  seen  Mr.  Downie  ?— Yes,  I  have 
seen  him  in  different  committees  and  places. 

What  is  your  opinion  of  his  disposition  ? — 
I  do  not  know  whether  it  is  a  fair  question, 
my  opinion  about  any  body's  disposition ;  I 
do  not  think  it  a  fair  question. 

Do  you  conceive  Downie  to  be  a  man  of  a 
peaceable,  quiet  disposition? — I  never  saw 
any  thing  to  the  contrary. 

Mr.  CuUen. — Vou  haa  no  acquaintance  but 
in  the  committee? — None. 

Were  you  acquainted  with  him  before  you 
came  into  the  committee  ? — No,  I  once  occa- 
sionally was  with  him,  I  had  no  acquaintance 
with  him. 

Mr.  Baron  Norton, — ^Will  you  tell  us  as  to 
that  ^pcr  that  ^ve  you  so  much  alarm,  that 
you  did  not  thmk  was  fit  to  be  carried  into 
execution,  can  you  tell  what  way  it  was  intro- 
duced in  the  committee  ?— To  the  best  of  my 
recollection,  our  meeting  that  evening  was  to 
answer  a  letter  that  came  from  London  ;  I 
know  of  no  other  business ;  it  was  to  be  be- 
fore the  committee  that  evening;  and  Mr. 
Watt  just  took  this  paper  from  liis  pocket, 
or  from  the  press,  ana  read  it,  and  put  it 
down. 

And  did  not  say  a  word  about  it  ? — No. 

Nor  why  he  read  it  ? — No. 

Nor  about  what  he  was  going  to  read  ?— 
He  said  he  was  going  to  read  a  paper. 

Did  he  say  he  nad  ever  shown  it  to  any  per- 
son before  ? — No,  my  lord,  he  did  not. 

Mr.  Gardner  sworn. 

Mr.  Anstruther. —  Do  you  know  Mr.  Dow- 
nie*8  hand- writing  ? — ^Yes,  and  I  have  a  letter 
in  my  pocket,  which  I  received  from  him 
when  he  was  in  gaol. 

Will  you  look  at  that,  and  tell  me  whether 
it  is  his  hand-writing? — I  am  certain  David 
Downie  is  his  hand- writing. 

Is  the  postscript?- -I  think  the  postscript 
is,  but  cannot  be  sure  of  it 

Look  at  that  ?— It  ceruinly  is ;  I  have  had 
so  many  ^ears  an  opportunity  of  knowing  his 
hand-writing. 

You  are  sure  that  is  his  hand-writing  ?— 
Yes. 


fm"  High  Tnason. 

!  riffular  letter  for 
J  ask  Mf*  G;irclner 


A.iy.im, 


[82 


uu  aluut  U. 


Cro^s-exantined. 

fr,  Cn/f^ii.-^Bc  so  gocKl  tu  to  look  lit  the 
*  letter,  and  see  if  the  interlining:  is 
^  1  hand? — U  IS  hetler  wrulf  tliaii  he 
Fte  grwerai :  it  i%  not  like  the  subscrip- 
liMH  1  bsvr  h.'td  from  him,  I  cannot  say 
whctb**f  '■  "-  '^'  ^'^*  K»,  MPs*  ii  !^  better  wrote 
tilftnttTi  I  by  hnn. 

tl  iivvii  as  oue  of 

1  i  ks  t —  V  es, 
r>  cu  long  a  member  of 

itesocictvf — He  imi»  been  Si  or  V3   years» 
lai  hu  ietn  doing  business  for  me  j»ince 

Wlist  Is  yo^tr  \f\en  of  his  rhsnicter,  as  a 
nn  of  fcoc^^^   '  '       I  iieni? — 

0unikeAll  1^  ^  ^o,    I 

*'         '  111  in  inv  u\\n  trade, 

[J  temper  and  benevo* 

ever  nad  tiny  opportu- 
rirf  ill.    It  was  always  iu 

i>  ^.  .-.,„„ f4  business, 

attmd  honest  f — Yes. 
i  heax  A  ^uod  chiiracter  tn  the  corpo- 
>? — V««,  1  al  '  (I  upon  him  very 

btive  ia  nao:!^    ^  wa  uBairs^  as  fnr 

il can  tee. 

PU  jpoo  t^cr  know  any  thin^  to  the  con- 
Bf^,  ftity  thmg  ag&iinst  his  character? — I 
Ipcr  hik  ciiuse  to  say  he  did  any  thing 
J  to  mc ;  Its  to  hib  private  character  in 
potiicr  dealing  with  the  world  I  could  ^ay 
*     fofit 

reUr  Mai  hit  f  (jeweller)  sworn. 

Ur.  AMMiruiher.—Do  you  know  Mr,  Dow- 
mi*  bttad  writk^j;  ?^I  do. 
Toll  f»e  If  that  i%  it  ?    This  is  Mr.  Downie*s 

T«il  wnt  if  Ibe  postscript  is  (as  hand- wti  ting 

lksllall»«ft  t'  iuri;?— 'Yes,  lUiinkitis. 

To«  thlnic  c^,  }  tiiink  it  is ;  1  am 

«fliHl  lll#  *  "^  and  tl\ft  other  i^ 

^y   J  (The   prisoner 

m    ^^    ;..-   ,^i;<.;   and  tl>e  printed 

»-— Mt.  DiAvnie  was  asking  mc  if  I 
i  IS    his   hand-wriling, 

:  Iht  ^  '  Iter)  I  said  it  was  not, 

r^lj9  ^ou  lliiak  it  id?^No,  1  do 
■^tliiiJiJtiA, 

Mr.  Jame$  Umnter  sworn. 

lir.  AnMiruiker, — You  ore  a  clerk  of  the 
ioik?'— Yes.  iir  lAXlt, 

00  you  fi  bill  for  15/. 

pidMilf.l 

Wiit  Vmnk  Hi.  iiuutcr/— The  Bank  of 


j^^rnvkft* 


I'onlheback 

ptcd  by  Mr. 


Is  that  the  receipt  of  the  person  that  j 
the  money  ? — Yes,  it  is. 

Is  it  the  practice  to  put  if  tn  that  manner 
when  he  r©ceivt?s  it?*-To  put  received  above 
his  name, 

You  paid  that  moncv  ?— It  appears  in  my 
book  to  have  beui  paid  the  ICth  of  ApriJ. 

Does  it  sippear  jt  was  paid  thed^iy  it  ;»houI^ 
be?— II  does  fjol appear. 

Out  paid    10   Miller    16/.?— Paid  7lh 

Number  11.  15/.  7lh  of  April, 

Six  days  alter  date,  pay  Waller  Millar 
advised  by  Wm,  M. 

To  the  Treamter  ojtht  Bank  of  Scotland. 
Indur^d — Pay  the  witbin  to  I  he  urder  o! 
David  Downie, 

Clerk  of  Arrawns, — This  letter  is  dircctc 
to  Mr.  Walter  Miller,  rare  of  Mr,  Peter  Crai^ 
jkt    Mr.    Itobert    Wbyie%    merchant*  Ur|[;l| 
Street,  Perth.    Tliis  letter  is  dated,  "  Edii^l 
burgh,  9tlj  April,  17Q4, 

**  Sir, — I  would  have  wrote  you  yesterdjj 
on  receipt  of  yours,  containing  the  bill  of  15* 
sterling  on    the  Bank  of  ScoUaJtd;  but  hj 
your  omitting  to  send  me  your  address,  waf  J 
prevented;    and   finding  nobody  here    wh<|l 
could   inform  me,  r^   there  are  so  many  of  | 
your  name  at  Perth,  I  direct  lhi>  letter  to'thq 
care  of  a  person  who,  1  was  informed,  would 
not  neglect  the  first  opportunity  of  transmit* 
ting  it  to  you,  t 

'*  The  committee,  to  whom  I  showed  your'$ 
and  its  contents  last  night  at  their  meeting, 
empowers  me  to  transmit  to  you,  and  nil  their 
friends,  their  hearty  thanks  for  so  liberal  a.  \ 
remiltanee,  and  to  assure  you,  it  will  be  ap- 
plied to  the  most  proper  ends  in  view, 

**  There  are  no  tetters  from  L.  as  yet,  biif  \ 
you  will  see  in  the  l^ndon  papers  mention 
made  of  holding  the  Convention. 

"  Wc  have  had  here  an  aflfray  of  a  very  sc- 
riotis  nature  at  the  Theatre,  on  Monday  last, 
the  occasion  of  which  was  this : 

**■  There  was  a  trago«ly  lo  be  performed  of  | 
the  name  of  Charles  the  first.  The  plriy  be-* 
gan,  and  was  going  on  witli  the  rrreaiest  l»ar- 
mony  and  dec*orum,  when  some  furious  .Aris- 
totrats,  wanting,  no  doubts  to  trj'  the  di sposi^ 
lion  of  the  people,  called  out  for  lh»»  tune  of 
Got!  save  the  king.    The  tunc  was  ju^t  be* 

f tinning,  when  iin  universal  hiss,  mixed  with 
amcnlable  murmurs,  pcrv;ubjd  all  over  the 
house;  and  ttie  soii!iof  the  ftdille  were  obliged 
lo  desist,  and  they  played  l!>c  tune  of  .Mag'jjy* 
Lauder,  whirb  met  with  mn versa!  ap[>Iause. 
The  discomfited  Aristocrat?*,  not  knowing 
what  to  do,  m  order  to  efiect  tlieir  ptirposfr, 
called  in  the  Fenciblcs  in  the  Cnsile,  with 
their  olhcers,  and  then  desired  the  royal  song- 
to  be  again  attempted,  when,  meeting  with 
the  same  treatment  as  befort,  the  officers 
drew  their  swords,  and  the  soldiers  their  in- 
struments of  dealli,  to  deter  the  unarmed 
multitude  from  opposing  the  aofigof  thcit 
G 


m 


Si  GEORGE  III. 


Trial  of  David  Dtywnie 


[ftt 


llOYal  master ;  and  these  heroes  wcnl  to  such 
in  length,  as  to  cut  and  maim  several  people  In 
I4hc  fit,  ^'ho  refused  to  take  otV  Iheir  hats  as 
*the  tune  was  going  ou,  I  am  sorry  to  say 
Itliat  some  of  our  "best  friends  have  been 
[t>ruis€d  very  severely  After  the  tune  was 
f  over,  the  play  went  on  as  if  iiolhmg  had  hap- 
ffcncd ;— none  of  the  newspapers  here  take 
fmny  notice  of  this.  We  have  also  a  report 
;  the  Fencihles  just  now  in  the  Frith  have 
been  very  tuibulent,  and  that  an  armed  boat 
ivas  sent  to  overawe  them,  and  to  reduce 
l-thcm  to  subjection ;  and  that  the  Sans  Cu- 
I  iultes  liired  some  balls  into  the  boat,  when  it 
Iftlk ought  proper  to  sheer  off-  We  have  re- 
l  ceived  news  this  day  of  orders  being  given  to 
^ttop  the  recruiting,  and  we  have  some  reason 
ifo  believe  it,  its  it  cttnie  from  one  of  our 
|))aillies. 

"  We  propose  to  send  you  a  parcel  by  the 
^  carrier.  Will  you  be  pleased  to  5end  us  your 
address  as  this  comrs  to  hand.  I  am,  your 
very  humble  servant^        Davio  Downie, 

"  Edinburgh,  9th  April,  17D4. 

«*  P*  S.  We  are   happy  to  have  it  in  our 
Lnower  to  assure  you  from  onr  information 
Ftrom  England,  and  different  parts  of  Scotland,  \ 
I  that  the  Tate  proseculionj*,  insieud  of  retarding 
'have  atccliTaled  the  great  cause  of  freedom. 

**  They  have  in  aifranks  created  the  desire 
i  of  knowledge,  of  course  increased  the  number 
offriends*  If  we  can»  iherctore,  judge  from 
.our  a&surances,  the  day  is  not  far  distant, 
^nvhen  the  people  shall,  as  the^'  should,  be  Iri- 
[  vmpbant  over  the  enemies  of  our  country/' 

Mr.  AnUruthcr,    The  gentlemen  of   the 

I  jury  will  understand  the  body  of  the  letter  is 

f  "V-Titlen  by  a  clerk,  or  somebody  or  other,  and 

signed  by  David  Downie.    The  postscript  is 

'  writlen  by  Downie  himself. 

[Another  paper  read]* 

This  begins,  " — Sir,  Last  night  at  a  meet- 
ing of  the  F  of  the  P  in  Edin- 
burghf   a  motion  was  presented   by  citizen 

'  \\  ihiam  Robertson,  in  consequence  of  a  re- 
l^re^entation  from  ciliy^n  David  Hunter,  tlat 
you  wished  to  be  informed  of  the  state  of  the 
public  spirit  in  the  city,  and  that  you  likewise 
llcstred  to  have  some  Hibscriplion  papers  for- 
tvarded  to  you  j  whereupon  it  was  resolved, 
that  the  sub-committee  should  be  authorized 
to  VT  *^  and  while  they  transmit  you 

the  u  papers^  rwjuesied  to  inform 

you  u;  ;,.x  ^jnc  time,  that  tne  ^ipir^'  *  *'^' t- 
uom,  notwilhstundmg  all  the  unc(>i  ^ 

mensures  latel>  adujited,  IS  hy  no  i. i- 

prcshed,  but»  like  a  lire  attempted  to  be  ^mo- 
thcred,  m(n'af«;>»  tcnlald,  and  will  ere  long 
cotifiume  nil  lliosc  who  attempt  to  extin- 
guish it, 

**  There  are  msn  which  we  may 

wjjili  to  write,  wlr..      ,  ,  in  the  present 

criBia^  It  would  bu  a:ij)Uidt:nt  to  com  mil  U) 

•  ^jier.  Wc  ihdil  therefore  conclude  with 
wi^kmg  tn  iucrcsae  to  the  number  of  tim 


real  friends  of  freedom  all  over  the  glohe^  auti 
of  the  friends  of  constitutional  reform  in  tliis 
island  in  particular. 

"  When  you,  or  any  of  the  worthy  mem- 
bers of  your  association,  have  business  thia 
way^  we  shall  be  happy  to  see  you.  Societies 
of  the  F.  of  the  P.  meet  every  night,  except 
Saturday  and  Sunday,  either  at  C.  Robertson's 
school,  Symon's  square,— Philips'  bchool^Cal- 
ton,  or  C.  George  koss*s,  Liberty-court,  South 
Bridge. 

*'  In  the  name  of  the  Edinburgh  Commit- 
lee  of  the  Society  of  the  F.  of  the  P.    1  am/' 

Clerk  ^'Arraigns, — There  is  no  subscrip- 
tion. 

*'  P,  S,  Either  on  Saturday,  or  at  farthest 
on  Tuesday  next,  you  may  expect  the  fir&t 
number  of  the  new  Gazetteer,  which  will  then 
begin  to  be  published  in  the  spirit  of  the  old. 
Lest  tJie  proprietors  should  fall  short  of  funds 
to  pay  the  stamp  duties,  it  is  proposed  that 
every  subscriber  should  pay  per  advance, — 
Subscriptions  by  C  George  Hos5,  Garettcer- 
ofljce,  South  Bridge,  who  will  grant  receipts 
for  the  money, 

"  Sub-Committee,  April  1st* 
"  Resolved,  thatlVIr  Reid  the  former  trea- 
surer be  rcf^uestcd  to  continue  in  his  office, 
subject  to  the  restrictions  to  be  hereafter  laid 
down. 

"  Resolved,  that  till  his  determination  be 
known,  C  D,  be  requested  to  lake  charge  of 
the  monies  whiich  may  be  received  by  the 
cotiunittee  this  evening* 

'*  Minutes. 

"  Report  of  the  Committee  of  Correspon- 
dence given  in* 

"  From  the  Canongate  Society,  No.  3,  re- 
ceived the  sum  of  one  pound  ten  shillings  and 
tliree  pence  halfpenny,  which  is  hereby  placed 
to  their  credit.  David  Dcwwie, 

*'  Regulations  of  the  sub-committee  with 
respect  to  the  treasurer.    Aoril  1st,  1794. 

**  All  monies  tliat  shall  oe  paid  into  the 
trcifcsurer's  Viands,  from  this  day,  shall  be  ap- 
phed  to  *uch  purposes  only  as  the  Committee 
of  Ways  and  Means  for  the  time  being  sh  all 
direct. 

"  The  treasurer  shall  give  a  receipt  to  th« 
^aid  committee,  for  what  monies  he  Koay  have 
received  from  them. 

'*  The  treasurer  shall  not  give  up  any  part 
of  the  ha  id  monies,  on  any  pretext,  except 
on  a  requisition  sijzntd  by  tour  members  of 
Uie  sub  comniitlce,  and  specifying  the  sum 
wanted.** 

Priiontr, — ^Gentleroen  of  the  uirv  : — Vcm 
will  observe   th<it  is   not  my  f  ng, 

except  the  rcrript  for  the  moi-  vA 

tcj  show  it.  1  lie  receipt  for  nioncy  is  tny 
hand-writ itif^.  !  nr knowledge  to  have  re* 
ceived'  ^my  hjUid*wriUiig 

only;  loy  hand  but  ' 

receipt  Iq*  Uic  money. 


m 


JhfT  High  Treasoi 
Willi&m  hockhart  swom. 

Lard  AdvocAte. — Do  you  koow  a  man  of 
tbe  BUBe  of  Uobrrt  Watt  ?--Y€9. 
Where  diJ  he  reside  ? — Norlh-Bridgc-Closc. 
Yo«  Are  shcrifTs  clerk  ? — Yc5. 
Vott  hiul  a  warranl  from    the  shcriif  to 
March  WaU*s   house  ? — Yes,    to   scarcy»   for 
tome  epodd  sUegcd  to  be  secreted  there* 
DidVoiSSO^— Yes. 

Who  wma  there?— There  was  Mr,  Miller. 
Bcmember  what  time  of  the  day  it  was  ? — 
ll»i5lhofMay. 
WhaH  time  of  day  ? — Id  Uic  aflemooo. 
nil!  %  i>u  (iad  the  goods  i — Yes. 
house  ?^ — Yes. 
jury  what  you  found,  and  what 
jwi  dial  Uicfe } — ^1  found  some  pikes  there. 

IM  us  »ee  ihero  ?— [Producing;  the  pikesT. 
Tbmm  twelve  I  found  in  a  locked  up  press,  in 
ti»  eoortc  of  roy  search :  I  tuuk  one  up  to 
Ihr Shfffflff  Cictk's  office^  and  informed  Irim  of 
iltiad  be  ^tve  me  a  warrant ;  I  carried  it  to 
Watt*iy  ihq  Watt  was  conic  into  the  house, 
aai  be  vas  taken  up  to  the  shcriiTs  office. 

Did  you  jgo  back  that  evening  .1  second 
liar,  or  third  time? — Yes,  I  did;  I  went 
ledt  belw*f«o  twelve  and  one  tliat  night,  to 
lecnn:  the  wiodows  of  the  house, 
^l>jil  ypu  make  anv  farther  search  ?— Yes,  I 
m  elosct  that  I  had  not  been  in,  in 
BT  senrcb,  and  we  searched  the  cio&et, 
I  there  I  Ibuod  some  more. 

did  you  find  ?— I  found  other  two  of 
\  kiod,  end  thoN?  two,  and  this  pole. 
_fDid  you  try  whether  they  fitted  with  that 
filtl-^  fried  than  before  they  came  out  of 

Tiy  teoi  a^aie,  and  see  if  they  fit?— 

[Thei  be  screwed  on  the  halbert  head]. 

Did  you  try  the  other  f— Yes. 

(Ihc«  be  tries  on  tlic  large  one,  which  fitted 
is  iIm  MmeKrow,  and  on  tbe  same  pole]. 

Cmri, — What  i«j  the  use  of  that  thing  you 
I  m  your  hand  n<iiv  n^>bin  il  ? — A  smiilt 
hendle  it  1  into,  to  go  upon  a 

^ck  or  ,  or  to  go  over  the 

iBf  of   the  ftatT   wit^i   the  screw,  without 
imewtBEOCi ;  it  slip-^  on  th:it  p:<rt,  :\u^\  comes 
dy  lowr  J  of  the 

dbchai)-  L  fued. 

Adtveuit\  "  \\  iivii   wifci*  tluue    with 
I  ? — Tbcy  were  carritd  to  Sheriff  Clerk's 


Dki  aoy  tluog  elic  ippeei  proper  to  be  car- 
!^  '     "'    rtf  Cierk's  office,  that  ^^y  or  the 
c  wea  a  fount  of  types  found  the  | 


Croi»*e:iamiuation. 

Ifr.  Ckwhf^?imj  were  you  wni  to  searth 
«.  fhfmwktf^  th**  nriiont  r*-.  Iiou^e  ?— Ycfi, 

Did  you  fi  -No,  sir. 

Z^rrf  jidki  ^     >.crw4ail? — 

^  :aaaideiilik  iuue  aUcr. 


A.  D.  1794f.  [86 

William  Middieton  sworn- 
^  You  arc  a  sheriiTg  officer  in  Edinburgh  ?- 

Do  you  recollect  bciny:  employed  to  search 
the  house  of  Robert  Watt?-^Ye^,  on  the 
evening  of  the  15lh  day  of  May. 

Who  was  employed  in  that  ^arch  with 
you?— Mr.  William' Lockhart, 

What  was  the  purport  of  that  warrant? — 
The  purport  of  that  warrant  was  10  seiu-ch  for 
some  ijaods  secreted  there,  belonging  lo  a 
haudulent  bankrupt. 

Were  they  found  ?— They  were  found  in  a 
cellar,  coming  into  the  dining  room  of  WaU*8 
house. 

Where  were  these  spears  ?— The  door  was 
locked  where  they  were.  It  was  opened  by 
the  smith  that  had  previously  opened  the 
place  where  the  bankrupl*s  goods  were  se- 
creted; I  took  one  in  my  hand,  and  Mr. 
Lorkhart  said  he  thought  it  a  dangerous  in- 
strument; it  looked  very  uncommon;  he 
thought  it  dangerous,  and  asked  if  there 
were  more ;  [  said  yes  ;  on  laying  Ihem  down 
on  the  carpet,  tticre  were  VI 

Did  you  malce  any  other  tearch  ? — Yes,  upon 
the  second  time,  we  went  in  upon  the  second 
flat  of  Mr,  Walt's  house,  ihiukjug  we  had  net 
went  too  narrowly  to  wurk— we  searched  f.ir- 
Iher— we  found  two  more  pike^,  two  baltli 
axes,  and  a  shaft— these  are  them. 

Did  you  try  them  to  the  top  ?— Yea, 

Aod'did  they  fit? — Yes. 

Did    you  make  any  farther  srnrch   aAei 
pikes  ?— Yes,  I  went  lo  Robert  Orrock,  the' 
smith,  at  Dean.    I  had  a  warrant  irom  the 
sheriff. 

What  was  it  to  do  ?— To  search  for  spears. 

Did  you  find  any  ?— I  found  twu  or  thn 
and  thirty  of  the  same  kind;  those  are  the 
instrumeuts  thai  were   found  in  the  smidd 
of  Robert  Orrock,  the  smith  at  Dean. 

And  in  an  unfioislied  stale  ? — Mostly  in 
unfinbhed  state. 

Two  or  tliree  atid  thirty  ? — Yes,  I  am  noi 
positive  of  the  number. 

What  did  you  do  then?  —  They  were 
brought  to  the  5  he  rifle's  office,  and'  lodgei 
there,  and  Orrock  brought  a  prisoner  aJoiii  ^ 
with  thcra. 

Cross-examination. 

Do  you  recollect  w he u  yuu  searched  Watt's 
House? — It  was  in  the  evening  of  the  15lh 
day  of  May. 

Was  that  towards  the  end  of  the  week? — 
About  Thursday. 

Did  not  you  afterwards  search  Dowme*s} 
—Yes.  ii 

J  low  long  afVer? — I  think  about  the 
turday  after. 

Arc  you  sure  it  was  not  upon  the  Friday  you 
searched  Walt's  hnusc? — ^No,  sir. 

Did  you  6nd  any  Hung  in  Downie's  house? 
— No,  sir ;    but  ilicrc  wan  a  «slaie  he  ^ahI  he  | 
h;*d  kept  a  journal  upon,  for  the  money  under 
his  hands. 


S^  G£ORG£  III. 

lif  you  found  any  pikes  there?— No, 
J  of  the  kind. 
Ijcii   was  it  you  searched  Dowme*s  I — I 
caniiol  positively  say. 

Wtts  n  the  same  uight  you  searched  Wall's? 
— NOj  1  am  pusilive  it  was  not. 

Was  Lockliart  with  you? — Yes  it  was  the 
same  rtay  Itiat  Lockharl  aod  Dingle  %vcre 
searching  Wall's  house^  I  was  pre&ent  with 
them. 

AJargaret  Wkiiecrou  sworn. 

Lord  Advocttfe.  —  Do  you  know  David 
Downic,  the  goidsmilbr  i^  thai  him  there? — 
Ves. 

Were  you  in  his  service  last  winter  ? — Yes,  I 
was. 

What  lime  did  you  leave  his  service?— At 
Whitsuntide 

Have  yoti  seen  any  thing  like  that  before  > 
i  r showing  the  witness  the  pike  head  \ — Yes,  I 
[  pave. 

Where  did  you  sec  il  ?— In  Mr.  Downie's 
ilining-room. 

Was  that  before  the  term? — I  think  it  was 
a  ?reat  while  before  the  term. 

When  did  yuu  we  it  ?  -1  tiaw  it  in  the  morn- 
ing, when  Twent  Ut  dujsl  Ihe  dining-room. 

What  lime?— t  beUcve  it  was  about  6 
o'clock  in  the  mormng. 

Did  you  ever  have  any  conversation  with 
jrour  master  about  it  ? — His  son  came  and  took 
It  away* 

.  there  any  conversation  between  your 
iter  and  mistress  about  it  ? — She  asked  him 
;  he  hud  done  wilh  the  dividing  knife. 
Did  he  say  wfiether  he  had  got  the  dividing 
knife  ?— She  a^sked  Mr.  Downie  what  became 
of  the  dividing  knife  dial  Charles  found  in 
tlje  dining  room. 

What  did  he  say  ? — I  believe  he  said  he  had 
locked  il  by. 

Had  there  been  any  body  the  night  before 
•  in  yonr  master's  house  at  supper  ? — No. 

Who  let  your  master  in  that  night?— 
\  I  did. 

Was  it  late  ? — I  cannot  be  certain ;  I  had 
been  m  bed. 

Wm  it  four  o'clock  ?— I  believe  it  wa^ ;  the 
«iou  came  out  iVom  hi^  bed-closet  in  the  mom* 
tng,  as  soon  us  he  heard  me  in  t)ic  room. 
And  took  up  this  knife  ?^ — Yes. 
I^thni  In*  thing  Mrs.  Downie  called  the 
divi<  —I  am  not  certain. 

Dm  V  who  brought  it  there  ?— No, 

I  cannot  say. 

Court. — Did  the  son  take  it  awa^  frofQ 
jruur  owo  haiid?»NOf  I  iuui  it  noi  io  my 
hand. 

Did  your  ma«(ter  tay  any  thins  about  it, 
\  mhcu  he  camr-  in  Jate  at  night  ?  — No,  sir. 

Dt '  r.tr  your   m.ister  propose 

.  tikii  I  the   kind  wiU)  him  at 

[m^U'  -■•     \',. 

11  when  be  came 

,^  in^  iM  vjM.iv.-i  — :-,uMi>  but  not  much. 
Qti  he  took  il  away  ?— Yes. 


Trial  of  David  Dtmnie 


[»d 


-Had  Mr.Charles»  tbe  son, 
his    fatlier   that    night  ?— 


Lvrd  Pre^idfuL' 
been    out    with 
No. 

Where  did  the  son  carry  it  to  when  he  took 
it  away? — I  cannot  say,  h«  took  it  into  the 
I  closet. 

Who  asked  Mr.  Downie  what  he  liad  done 
wilh  the  dividins;  knife? — Mrs  Downa*  asked 
him   whnt   he   iiad   done   with  the  dividing 
.  knife  that  the  son  liad  m  hi$  hand. 

What  did  he  say  f^Ht  said  he  had  locked 
it  by. 

Lord  President, — When  was  ihe  nuestioa 
asked  at  Downie  ? — Sometime  after ;  i  cannot 
just  recollect  whether  it  was  tiie  tame  day  or 
uo. 
I  Did  Mr  Downie  pay  any  thing  more  abaut 
dial  dividing  knile?  — Ucdid  nul  say  it  was 
not  ;i  dividing  knite 

Prav  did  yoti  think  Mr.  Dgwnle  was  speak- 
iiiE  cd'an  in^trumoul  like  tliat,  when  he  was 
talking  of  a  dividing  knite?— Nu. 

Did  yon  know  what  he  was  speaking  of?— 
I  did  nut  know. 

Are  yuu  sure  the  instrument  you  saw  was 
hke  this  ?  -To  the  best  of  my  knowleilge  I 
think  it  was. 

Had  it  such  a  thing  as  this  and  that  ? 
[Poinlmg  to  the  axe  ana  houk  parts.]  1  think 
It  had,  but  I  hud  it  not  in  my  band. 

When  did  you  see  it  ?— A\  6  ucior k. 
I      Did  you  lake  a  good  look  at  it  ?— Not  a 
I  very  j;uod  Itntk. 

I       Did  you  think  what  it  was  at  t'"  +■     '  -  — I 
j  never  had  seen  ?.uch  a  isu-go  divi. 

Would  you  lake  that  lor  a  divnjkii^  i^,,..,.  /  — 
I  I  cannot  say. 

Pray  is  not  your  master  a  dealer  tn  old 
blades  of  swords,  and  di0mnt  insinimejita  ? 
— No,  sir. 

Mr,  C«//fn,  — Had  not  he  a  working  fbr- 
nace? — A  snt.dl  working  mmace. 

Were  you  looking  at  it  when  the  son  camo 
and  touk  it  up  ?— No^  sir. 

Did  tie  go  to  hiB  betl  again  after  he  took  It 
up? — 1  iaiHKjl  say,  lir. 

Court.-  Did  he  beein  to  Imvc  any  other  bit* 
sincsji  in  the  ;«>oai  than  takini;  up  the  knife? 
— [  did  not  &ee  uny  other  In  '  <    had^ 

Did  you  never  tell  your  about 

a  lhm|»  of  that  kiiid^-tiji  neigh- 

bours happcnc-d  to   he  f»pt-  >  t  it.     I 

do  not  rrxoUccl ;  tliey  wiiu  .,__.. li;^  about 
something,  and  I  happened  to  be  spe&klog 
about  it.  " 

It  d)d  not  *»trlke  you»  you  had  seen  a  thing 
of  that  kind  biiiore'? — No,  sir  I  did  not  Ikuiiik 
much  of  It. 

Lard  Prtiident  — Hod  you  been  in  the 
room,  the  in  .  ?^  Yes. 

Were  yun  - 1  could  not  recolleet*! 

'■  I     Mff    were  you  in  tl)atrooiii| 

i-nu  i:,     ■  ti.Lily  5iip  in  ihc  room?—!  caaOOl  ] 

say. 

U  ihai  ;Uc  iyc^i^i  lUcy  ci^uiaa&uly  ^t  i 
Ycf, 


f^  High  l^eason. 

\  not  |tpil  ^  '  bcoQ  m  bed  bcfbre 

Ntf  master  cai  ^  .  c^* 

llr.  Cuikn* — Did  you  let  your  master  in 

'Wbcndj  1  ^  s  serviced— At 

'  "  Tcd  before 

iiy  wages, 

-I  ..^u  -iven  good 

I"  fore  I  went;  I  then 

iir.    -,.  ,  .  .tier  place,   and   my 

ifite  ft  day  or  iwo  before  the  term, 

tiur;sy;  and  my  mistress  would 


A.  D.  list. 


[90 


''£Si. 


-SJie  5iiys  her  Imthcr  came  two  days 
'  took  her  away. 
rW*:  .  iljer  cause? — No,  aad  I 

pd  my  Lr:!»2  ixi  gc\  another  place. 
rUitlMr^  Downie  itnd  fault  with  your  con- 
io  any  other  parlicular?— No  tir,  not 
L I  koQW  ai\ 

Rvhcrt  Or  rock  sworn* 
^..r..-,t..*.    Generate — You    live  at  tlie 
' — A I  Dean, 

lumber  of  I  he  Brititih  Con- 
oiion  in;i  !  winter?— Yes. 

'  You  1PCI '  I  tt  to  it  ?— Yes. 

iJkf^a  know  ih4.t  tht!  Briiibh  Convention 
"^  1  ikipersed  by  the  niagiwtnites  I — Yes, 
Aiitr  tliat,  Jo  you  know  of  a  comniitice 
i  tfifiointed  and  meeting  f-^l  know  that 
?  wm%  but  it  was  a  good  time  after  that. 
►  liow  kfog  after  ? — 1  cannot  say. 
Wo«t|(l  it  he  a  month  or  u%  weeks  ^—«Cer- 
J  it  woa  mnrc  than  ibat. 
,Aifi(e«ti]  It  Id?— There  ware  some 

.1, 

Li   of  such  a  thing  as  a 
'—Ye*. 

i  Wi^  w  ..«,.^-, .- ..  i^l  do  not  know. 

Il0  jon  know  ^ay  of  them  at  all  ?— Yes. 

Wcf^  they  chosen  from  oihcr  societies  ? — 

Ifcit  liwii  lather  locietics      There  were  diffe- 

\  ^bosen;  anme  cha««  more  than  one 

kfj  fUpfiQie  two  or  three ;    but,  m  point  of 

"Tiiig  w(jo  the  lueitibers  were^  there  wer« 

*rfy  lew  titat  1  lor  my  part  kut-w  |»crfoctly, 

bill  Ilif-rT*  »-&•  fium  tiiat  society  that  I  cainc 

kmti,  I 'T  of  lA'ith,  there  were   Mf. 

iMh«j  n,  and  ^Vdiiam  Farquharson, 

Wlvii^ae?— adx.  Watt.  Mr.  I>ownic,  Mr. 

Wc»  you  vounelf  a  member  of  llial  com- 
g|_y.:   I  ...... 

Wherr  (  umittcc  meet  when  th« 

ittr  ->  _  _  —I  do  not  know  whellier 

1  >ut  our  society  met,  and  dele- 

Itfi' 

lalf— At  Goorgt^  Rosa's, 

If  pTiMcnt  Hi  mure  than  one 

fcikii^:'— I    «ru»  prr^nt  ^  many — at  difte- 

otte^.     I  was  not   prcs*eat  every  nii^ht 

utieii  from  huiiiiess  i  could  not  get  to 

}  yini  thcra  whrn  there  waft  aoy  con- 
i  almil  arming  f-« Yes  I  waa. 


''eti  ns  what  was  eaidf  and  who  said  it?^ 
It  is  rather  a  thing  that  ballks  me  —  you 
speaking  to  me. 

Be  lo  good  to  tell  what  passed  at  this  com* 
mittee  f--l  was  reading  the  nemrstMipera ; 
there  were  ditibreot  ooaa  reading  the  pajp^r, 
and  I  myself  for  one. 

Mention  who  it  wag  f-*-l  will  mantion  it 
whiin  I  have  time. 

Tell  your  own  story,  it  is  best.— That  is 
best.  There  were  different  ones  reading 
the  paper,  and  I  myself  for  one,  as  I  said 
before ;  there  was  great  talk.in  the  papar  nf 
a  French  invasion ;  there  was  likewise  said^ 
but  positively  by  whom  1  could  not  say,  I 
fiuppofce  it  was  by  Mr.  Watt,  as  I  told  you  be- 
fore, that  there  were  arms  come  down  to  iKt 
Goldsmiths-hall  gentlemen;  that  was  the 
words  as  near  as  I  can  say;  I  think  Mr,  Watt 
was  the  person  that  said  so*  Some  one  ther« 
said  that  we  had  better  apply  fur  arms,  and  it 
was  said  again,  by  whom  \  cannot  say,  there 
need  no  apnUcation  :  for,  if  the  I'liends  of  the 
Peopb  applied  to  government*  they  would  get 
none.  It  was  then  said,  1  believe  by  Mr; 
Watt,  I  could  not,  as  I  have  now  ^worn,  say 
he  was  the  [)er^on,  that  there  was  no  law  in 
exifitence  lo  hinder  us  from  getting  arms  for 
the  defence  a(  the  country ;  at  the  lime  upon 
which  I  was  saying  this  conversation  passed, 
I  said  [  would  make  one.  \ 

What  kind  of  arms  ? — ^Thcre  is  the  slicfc. 

What  passed  in  the  rommittee  upon  it  f— 
There  was  no  more  passed. 

You  said  you  would  make  one  of  them? 
What  did  you  mean  by  tliem  ?^ — What  tliey 
had  mentioned,  to  wit,  weapons, 

Wiiat  did  they  cali  them  ?-  -I  could  not  po- 
sitively i<aT  that;  they  said  they  weie  pikea, 
and  I  said  [  would  make  a  weapon  ihr  myKlf* 
which  I  accordmgiy  did  somriimc  aflof, — 
tins  was  a  considerable  time  afltr. 

Tell  now  who  were  present.  Was  Downie 
pres^cnt  at  thi$  meeting  of  the  committee  ? — 
Yes  Mr.  Dow  Die,  Mr,  M*twan,  Mr.  Bon- 
throne. 

And  were  any  more? — I  do  not  recollect 
who  cIms  was  present,  there  were  more  peo- 
ple, tint  thefo  were  people  there  I  never  saiw, 
iuid  did  not  know  their  names-^ there  wa« 
wa.H  very  little  said. 

You  Hccordiui^ly  made  such  a  weapon?— 
Yes  I  did.  Upon  n^aking  it  Mr,  Wall  CMtt# 
to  the  Water  oi  t^eilU,  and  he  sent  for  me — 
I  was  bus^y  working  at  home  s»l  the  lini^;  I 
did  not  go  the  first  lime— there  came  down  a 
per'^oti  at;  tin»  and  I  wet*!  to  the  Water  of 
Leilh  wheit  I  lelt  work,  and  I  a^kcd  who  sent 
for  me;  I  luund  it  wa»  Mr  Watt,  and  be 
asked  me  il  I  had  ituide  buch  a  weapon. 

He  see^vf'd  lo  understand  what  4t  wae,— * 
What  did  yc*u  say  ?*  -I  told  him  I  had. 

WhiU  kind  of  wei*poti  was  it  that  you  made 
for  yourH*»ir;  like  one  of  ihehc  ? — No,  like 
nofM/ of  \hiTin.  j 

Wlmt  did  Watt  say  ?--Make  a  knife  lik»  m  I 
point  of  a  tword, — it  was  a  thick  back  wcwl  | 
thin  edge,— it  was  liharp  on  ^iVv  »^^  -^  '^^ 


^l^bhfe. 


91] 


Si  GEOUGK  IIL 


Trial  of  David  Do/oinic 


l^ 


poinV-it  was  sharp  at  the  point  on  both  sides 
about  an  inch. 

That  was-  the  weapon  you  made  for  your> 
»elf,*"Mr;  Watt  said  would  not  so  and  so  be 
better?— I  did  not  f«how  it  Watt,  he  only 
heard  by  representation  what  the  weapon  was 
like,  before  I  showed  him  he  understood 
what  sort  of  weapon  I  had  made,  and  of 
course  said  that  would  do  better. 

Did  he  make  a  drawing  any  thing  hke  it  ? 
— As  far  as  I  saw  he  did  not  upon  paper,  but 
the  table  was  wet,  and  he  niade  it  of  that 
figure.  He  desired  me  not  only  to  make  it, 
but  he  desired  after  this  was  made  according 
to  his  directions,  I  was  to  carrv  that  I  made 
for  myself,  and  tlie  other  to  the  committee, 
and  accordin^y  I  did  make  and  carry  it ; 
that  is  the  very  thin^  I  made  to  his  directions. 
—After  1  bad  made  it,  i  was  in  the  Committee 
of  Union. 

Did  you  produce  the  two  weapons  in  the 
committee  or  the  other  room  ? — In  the  otlier 
foom. 

Who  desired  you  to  come  there  ? — A  lad 
came  to  me,  I  am' sure  I  couJd  not  rccoHect 
his  name ;  I  produced  them  in  the  other  com- 
mittee, not  the  Committee  of  Union. 

What  ^o  you  call  the  Committee  of  Union  ? 
— It  was  the  Sub-Committee*  There  was 
Watt,  Downie,  Bonthrone,  M*Ewan,  and 
another  man  I  did  not  know. 

Are  you  acquainted  with  Mr  Stoke  I — Mr. 
Stoke  was  not  there,  and  I  omitted  that  last 
night  too. 

You  speak  every  thing  that  is  true  now  ? — 
Yes ;  there  was  a  man  there,  one  Edward 
Wright,  I  saw  giving  money  to  Mr.  Downic  ; 
I  could  not  say  whether  he  was  getting  or 
giving,  but  the  one  or  the  other  was  the 
transaction ;  I  saw  money  passing. 

At  tins  Suli-Committee  you  produced  the 
two  weapons? — Yes. 

Explain  all  that  was  done?— He  said  it  was 
loo  &liort  here  [pointing  to  a  particular  part.] 

Too  short  where  ? — Too  short  in  the  curve, 
the  name  that  was  given  !o  it,  and  too  short 
on  the  other  bide,  but  of  the  same  shape. 

It  was  too  short  in  the  curve,  and  too  short 
on  the  other  sidef — The  other  man  tliat 
was  there  drew  one  longer  at  both  ends  upon 
a  paper,  and  Mr.  Walt  and  Mr  Downie  both 
aaid,  you  will  keep  that  in  your  eye,  and  make 
them  in  that  same  form. 

You  were  desired  to  make  some  more  ? — 
They  asked  mc  what  would  be  the  price. 

Who  asked  you?*-Mr.  Watt:  after  tliat, 
Mr.  Downie  said  not  a  word,  be  spoke  no 
more,  and  the  conversation  was  carried  on 
by  Watt,  it  was  not  long,  it  was  a  few  mi- 
nutes. Watt  said,  what  is  the  price  of  them  ? 
1  aald^  I  cannot  say ;  I  had  only  made  that  on 
the  stick,  and  this  part  of  it;  I  had  not  made 
any  more  of  them,  I  det^ired  lo  go  out,  which 
I  did,  and  I  went  into  the  other  room,  and 
he  told  me,  sa>s  hc^  >ou  will  make  a  few  of 
these— Mr.  Watt  said,— the  word  wjts  without 
EO^  number,— as  i  wy,— I  had  given  no 
price,  he  likewise'  la^^  lue  do  Quinbcri-*  he 


just  came  in  when  £  was  going  away  home 
and  Mr.  Downie  along  with  him.  \ 

Was   Downie  with   you,  when  Mr.  Wi 
gave  you  orders  to  make  a  few  ? — Yes,  «ay 
he,  make  a  few. 

Where  was  this  ? — ^I  was  where  I  was  seat 
for. 

Mr.  Solicitor  Genera/.— It  was  in  the  Con  _ 
mittee  of  Ways  and  Means  the  pikes  were' 
produced,  he  was  desired  to  leave  that,  and 
go  to  the  other,  and  he  was  told  by  Watt,  and 
Downie  was  witli  him,  to  make  a  few. 

Did  you  sel  about  making  Uiem  after  this? 
— Some  few  days  after. 

You  set  about  executing  your  comnussiDB, 
in  short  ? — Ye*,  a  few  days  after. 

There  was  no  number  mentioned? — ^N» 
number. 

And  no  price  fixed  f — There  was  no  price 
fixed.  ,^j 

Did  Mr.  Watt,  or  any  body  else,  come  t#flH 
you?— Mr. Wattdid  afterwards  come  to  my  shop,  ^  " 

You  accordingly  made  them  under  Mr, 
Watt's  order  ?-*-Yes- 

What  did  he  say  f-^Ue  asked  me  if  I  had 
made  them,  or  was  making  tbem^  accordmg 
to  his  order  ;  I  told  him  1  had  begun,  but 
had  done  very  little;  says  he,  what  is  the 
reason  ?  says  1,  my  servant  is  gone  away  from 
me,  and  the  other  lad  and  I  have  other  jobs 
going  on. 

How  many  did  you  make  ?— The*  order  wai 
given  this  time. 

How  many  ? — Says  he,  you  will  make  ^  or 
3  dozen  of  the  cross  pikes. 

And  did  he  order  ^ny  of  the  plain  pikes  ?— 
No,  not  at  that  time. 

Look  at  these  ? — Yes,  these  arc  the  very 
ones  I  made. 

Mr.  J/wfrw<Acr.— What  was  the  Committee 
of  Union  fSr?— The  Committee  of  UnioiF  I 
suspected  was  for  no  other  reason  than  peti- 
tioning parhament. 

Was  it  not  about  a  convention  ? — Yes. 

You  were  to  have  a  convention,  were  not 
you  ? — Yes,  it  was  always  said  there  was 
be  a  convention  ;  I  never  tliought  it  was  to 
for  any  thing,  but  to  collect  money  for 
payment  of  the  c\penses  of  the  delega^ 
that  was  all- 

Ourf .— Were  you  paid  by  any  body  ?— 
I  was  paid,  not  then :  I  suspected  Watt  to  1 
my  pay-roaster,  but  M*Ewan  came  lo  me  th 
night,  and  said,  I  was  to  be  paid  by  M 
Downie,  and  he  was  to  pay  mc  the  witole  I 
had  the  commission  for,  which  was  5  dozen 
he  brought  me  that  word. 

Did  you  ever  goto  Downie^s  in  consei 
of  that  order  ?— -No. 

You  made  those  pikes  in  consequence  of 
that  order? — ^The  only  order,  when  Downie 
was  present,  was  only  to  make  a  few. 

Cottr^.—You  say  now  to  uiiikc  two  or  tbi 
do«en.     Hobert  Orrock,  I  beg  you  will 
attention,  for  you  said  "  only  a  tew.*' 

Did  you  ever  go  to  Mr.  Downie  ?— *No 

Did  you  ever  deliver  any  to  Mr.  Watt  h*~ 
No  more  than  the  two  to  Xht  rommitlce. 


99) 


Jin-  High  Trtason. 


A.D.  1794. 


[94 


Yoo  were  a  member? — Vcs,  Mr,  VVaiUle- 
*^rod  before  I  wcul  a^ray  ;  he  said*  be  so  good 
SI  tolflsire  TQur  stick,  and  that  weapon  with 
ID0  all  bi;;ht,»-that  oight  that  Mr,  Downie 
ina  preteoL 

Did  you  Icai^e  the  slick  and  pike? — Yes,  I 
kit  llii»atidlh«  olherooe,  I  never  saw  it  after* 

DH  yuiA  ever  deliver  any  other  ?— Never 

Tktf  were  seixed  before  you  delivered  your 
order  f<-4ie  deiiredtnct  to  leave  that  with  him 
•U  ai^bl,  aad  the  stick.  I  never  saw  him 
ate. 

Wiiliam  Brown  sworn. 

Mr.  Aiutruthcr,"'Mr.  Crown,  had  you  ever 
ao  order  to  make  atiy  of  tUc^e  Ihing!}? — Yes. 

D«d  you  ever  make  any  ?— Yes, 

How  m;ir)y  did  you  nmkc?- — I  made  14  of 
eltet  Mti4,  and  one  like  this. 

Sfaov  wbich  ?  —I  m.ide  fuurteeu  of  tliat 
Jdai,  sr;^  ^*^  *'  *^  :t,  [the  single  spear  U, 
tWoil  :]^ 

Oi4  '  '-  r^*^s  ?— Yes,  I  look 

I  II  I     1      1  III  noon;  Mr.  Watt, 

I I  i.  tuii  me  he  was  sorry 
lit  Ind  >  f^iy  me ;   I  told  hirn  I 

net  y;  he  seemed  as  if  he 

bofTuw  the  tuoiiey — he  aaid  Mr.  Dew- 
i  wouJd  pay  me ;  he  gave  me  a  line  to  Mr» 
Nrutc  lu  pay  nic. 
Buw  much  ? — Twenl^two  shillings  and  six> 
thai  was  the  price  of  14  of  thcsei  and 


LWbatwas  tbe  plain  long  ones  ?— Fifteen 


'Ivc  sluliings. 

it:  line? — ^Fhc  line 
^y  ute  2 'if,  6d.  and  I 


riiilwa^  :'      *' 
r.  C^rrA 

^Jbr  Mr.  i^>urtu.r. 
I  to  aroixml  for  it 

there  no  other  order?— No  order 
titwaa  lor* 
1  jfiou  any  conversation  about  it  with  Mr. 
tlofniie?**!  am  not  certain  but  lidr.  Downie 
■igiilhtve  a&kcd  me  how  Mr.  Watt  was,  but 
Ibm  «aa  oo  altercation  between  Mr.  Downie 
ad  ac.  I  got  the  money  upon  Mr.  Waifs 
hmt, 

tou  did  not  say  tf^  Downie  what  it  was 
fcil— Iftib  ii«i>»^  :  iiie. 

Citi^  v^tion. 

Mf.  Cier lb-*Did  Downtct  ask  you  what  tbe 

for?  -No,  he  did  not. 
Mr'  dmtiruihrr.^y  OUT  evidence  is  this — 
Ave  you  an  order  upon  Downie,  and 
lit  |iftKl  y  Oil  t^iG  money ;  is  not  that  tt  i 
—Til, 
Diwmie  paid  yeu  the  money  P—Yc^. 

Wit  Ham  H(atiim  sworn. 

Mr.  ^ajlrwirr.— Do  you  know  tliai  Reo- 
Utmaii  tliat  it  utiting  there  between  those 
^pa  tol<iier>  f — Y  r^,  * i > 

\n*M  ts  tl»lg' !  .  Downie. 

yoii  ever  il  the  Fcuci- 

9^r— Y0%  w* 


■>«atli 


Did  yon  ev(?r  sec  tlmt  gentleman  at  Mr, 
Ritchie's  shop  door? — Yes,  as  I  was  going 
by, 

Where   is  Ritchie's  shop. — In  the  La^ 
Market.    I  heard  of  the  paper,  and  I  wai 
anxious  to  see  it. 

What  uaper  ?— That  paper,  an  address  to 
the  Fenciules, 

Is  that  ihp  r^^'^^r  you  were  inquiring  after  I 
—-Yes,  at  tlie  one  I   saw :  I  asked 

him  if  he  r        .  —  -  ^ly  my  curiosity  to  see 

Eaper  of  the  kind  i  had  heard  of;  and  he  ss , 
e  could  not,  but  if  I  would  follow  him  dowa 
the  street,  he  would  get  me  one ;  and 
carried  me  to  Mr.  Watfs;  we  went  down, 
there,  but  we  did  not  i^et  it  there;  then  w» 
went  to  Mr.  Kennedy,  and  the  name  ofj 
Montgomery  was  upon  tbe  door  at  the  Southri 
Bridge, 

What  passed  there  I — Mr,  Downie  weni 
into  the  tack  shop  of  Mr*  Kennedy,  and 
little  time  after  that  1   followed,  and   Mr, 
Kennedy  gave  them  me. 

Gave  you  what?— These  papers. 

Was  Downie  there  when  he  gave  Ihem 
you  ? — Yes. 

Tell  us  how  he  gave  them  you?— -Mi\j* 
Downie,  after  he  gave  them  me,  took  thena'. 
out  of  my  hand,  and  threw  them  down  upoa 
the  floor,  for  fear  any  evil  might  accrue 
Mr.  Kennedy, 

What  more  ? — He  bid  me  take  them  up. 

Did  he  say  any  thing  else  to  you? — N< 
onlv  to  say  I  found  them. 

Was  there  one  or  two  of  these  papers ?- 
No,  there  was  a  good  u umber  of  ihem. 

Was  there  a  good  number  of  ihcin  ? — ^There* 
was  upwards  of  twenty  of  them;  I  did  nol 
number  thetn* 

For  fear  any  harm  should  accrue  to  Mr, 
Kennedy,  what  did  you  do  with  them  ? — I 
gave  them  to  several  of  my  acquaintances, 

Where?— In  Dalkeith. 

Were  the  liopctouu  Fenciblcs  there  at  thai 
time?— They  were  there  about  that  timeafj 
whether  a  short  time  or  not  before,  I  could 
not  tell. 

There  had  been  some  marched  through 
before,  had  not  there  ? — I  cannot  tell. 

It  was  just  about  tlic  time  they  were  lliere  ? 
— ^Ycs. 

Were  they  expected  at  Dalkeith  at  thai 
time  ? — They  were  there  about  that  time. 

Do  you  know  a  man  of  the  name  of  Jolui- 
ston   ? — Yes. 

Did  you  give  him  any  ? — I  gave  him  one. 

Whom  else  did  you  give  one  to? — I  gai 
one  to  Eliiot 

Wliat  did  you  say  to  liim  ? — I  do  not 
ber  saying;  any  thing  more ;    we   had  soi 
conversation  about  the  curiosity  of  it. 

llow    came  there  to  be  such  a  curiosity 
about  it  ?  are  you  a  Friend  of  the  People?- 
Yes,  I  was  a  Friend  of  the  People. 

I  believe  you  were  secretary  to  one  of  thciri 
societies?— Yes*  I  wis  secretftry  to  Uie 
cicty  at  Dalkeitli. 


95] 


34  GEORGE  10. 


Triai  of  David  Dcmne 


[06 


Did  you  see  Downic  before?— Yet,  I  saw 
him  in  the  CoovtMitioii  ^oiae  lime. 

Did  yotrr  acqiiaiutance  tommence  in  ike 
Cooveniion  ? — \  e». 

Tliat  wtnild  be  n  society  of  Friends  of  the 
People?— Yes. 

IIow  CJinie  yotJ  to  think  Uiat  Mr.  D(»wnie 
VfBS  likely  to  sail  sty  your  curiosity?— I 
thoiighl  |M       '  '     '  r'  *  '    ^^  *1  i'ln. 

Does  1 1  a  possibly, 

being  an  a- ijojiiiijLit.t;,  i»t.  iMi^^i  i^'t  me  liave 
Ibem. 

Did  you  ask  Mr*  liilchic  about  Ihcm?— Pcr- 
,  ba^s  I  might. 

But  do  you  remcniber  yoa  asked  Dowoio  f 
-^Yes. 

Did  you  ask  Ritchie  f — I  might  have  asked 
'  him. 

Did  you  ask  him  ? — I  might  have  asked 
him,  lial  I  do  not  particularly  remember. 

Whom  did  you  give  it  to'be«de  Elliot  f — 
I  gave  otic  to  a  laiL 

And  oDG  to  Johnstone  f^-^Yei, 

What  did  yon  do  with  the  rest? — There 
were  some  others  got  them. 

What  did  you  do  with  the  reslN'-Aftcr 
^  peopk  said  they  would  be  hurtful^  I  destroyed 
tbe  rest* 

You  were  told  Ihey  would  be  hurtfid  befort 

Bownie   SAid  thev  wonld  be  hurtJUl— comr, 

'  remember  yourself^  who  told  you  Uiey  would 

he  hurtful? — I  do  not  rf member;    1  heard 

(  several  people  speak  ab*iut  them — they  said, 

fthe  people  would  say^  if  the  fencibles  saw 

them,  there  would  he  some  disturbance. 

Do  you  know  a  man  of  the  name  of  Wright  ? 
-Nix 

Did  ht  hrnis?  any  to  fmi  ^-Na. 

And  y<ui  ne  to  him? — ^No. 

Who  i^  I '  ?-^llc  is  a  miliar. 

Wliere  ooc^  inj  hve^ — lie  iive»  nigh  Dal- 
keith, 

A  mile  or  two  from  ilF— A  very  short  way. 

Is  it  a§  far  as  it  is  from  the  New  Bridge?— 
\  1  ciumot  pusi^ly  say. 

Is  it  oa  fii9  as  Ihi  Cro9»f-^II  if  just  across 
^  the  river. 

la  it  half  a  mik?— Soircely. 

WUlttun  Johmtone  sworn. 

Do  you  know  a  person  of  the  name  of  Wkt> 
m  ? — ^Ves,  he  is  a  young  man  of  Dalkdth, 
'  flon  to  Robert  WaliiMi^ 

Have  you  seen  him  just  now  ? — I  ha\*c  sei'ii 
'him  come  out  of  yon*  hous^eiust  now. 
Did  VOQ  gft  *  iKtper  from  him  f — Ye*, 
lil  Rie  paptr  like  that?- -Ye^  I  think  it 
was. 
What  did  he  say  to  you  when  ho  ^Ye  it  io 
t3Wuf^*-To  I  he  ^  *-»  ''t^  my  remembrance  he 
[Mid  I  might  ti  at  it 

Did  juu  bok  1  (hd. 

WbAt  did  you  do  with  il  ^*-I  gav«  il  to 
James  Sandilandt. 
Was  tliero  any  penioo 
«irbcthcr  thcra  w.ii   ^ 
%-^  wai  in  the  publu;  »U«^'t;   tlwre 


might  be  persons  in  the  street,  and  yet  none 
ill  company. 

Waa  any  man  in  a  red  dress  and  philibeg;af 
—No. 

I  bt-lreve  I^rd  Ilo|ielouQ*s  h  not  ahtghlaiid 
dres^F  —No,  J  believe  ii  i«i  not. 

Were  the ]•  tbrre  lit  that  time? 

-*-I  do  not  t '  ere  sijldicrs  in  the 

slreel,  periiyi»^  lutu  im>^i»i  lie  soldiers  within 
a  iftw  yards. 

Was  there  any  as  near  as  that  gentleman 
to  me  with  the  bpcctaden? — I  cannot  say  as 
to  the  distance. 

Was  it  therr^abouts ? — I  cannot  positively 
ascertaui  Uit*  distance. 

Was  it  iOO  yards  ?-^Oh !  certainly  it  might 
be  within  loss. 

Was  it  less?*— I  cannot  ascertain  the  dis* 
tance. 

W^ hereabouts  was  il?— I  can  give  you  no 
regular  account* 

It  was  no  great  distance,  was  it? — No  very 
great. 

What  did  you  say  to  Sandilands?*^!  said  he 
miglit  take  a  look  at  it. 

No  more  ? — I  cannot  remember. 

Now  do  recollect  yourself  ?— I  have  thought 
of  It  again  and  n^in. 

Art  you  sure  you  said  no  more  to  him  ?— 
It  might  escape  my  memory,  because  I  did 
not  charge  my  meuiory  with  it. 

What  did  Wats^jn  yiy  when  you  took  tlic 
paper  ? — I  do  not  recollect. 

What  were  you  to  lake  a  look  for  ?— *Il  wis 
not  mentioned. 

Are  you  a  member  of  the  Friends  of  Xht 
People  ?-^No,  I  never  was. 

Do  you  know  whether Sondilands can  read! 
—I  suppose  he  can. 

Do  you  know  he  can  ?•*-!  odinot  ascertain 
a^  to  th;it. 

fsandiliiuds  was  brought  into  eonrt3— If 
that  iho  man  you  gave  it  to  ? — Ye?>  sir. 

Jamfs  &indilandt  sworn. 

Do  you  know  that  man  that  is  just  gone 
out?--- Yea. 
Did  he  over  give  you  a  printed  paper?— 

Did  you  read  it  ?— No>  I  never  did, 

Whom  did  you  give  it  to  ?  — Serjeant 
lUrdy. 

W'hat  is  your  name  ?•• -James  Sandilands. 

W  h;il  arc  you  ?— A  miner. 

W  hat  is  Uanly  ? — He  is  ui  lord  Bopctoun^s 
feneibles. 

What  distance  was  Johnston  when  you 
saw  bim?*— About  '' f   •■  »tncc. 

What   did  Jol  ?— lie  said  he 

»b?lt 
Ud 

Ins 


M    l..,L 


thought  ^erjcaul  u 

paper.     1  took  it  out  ol  Ui^ 
I  had  no  tl^^uLl  ht'  would  : 

hP 

^'  ■  .  ■'.-    '  ■'■  .  ■        ''   «^^« 

scrjeaui^— Just  alioiit  ttt«$  dufttiukce  of  you 
and  (. 

And  JohoabOQ  was  just  by  you  f**YeS|  John- 


m 


^r  High  Treason. 


ftmi  WMs  just  ty  my  back  when  he  gave 
It  inc. 

Scrjoant  Harthf  cdled. 

fo  Bardy>}    Do  yuu  know  ttiat  pcrsOD, 

To  $«liiSUmt>ds,]   Is  that  the  man  yoti  gave 

rndEf.— Yei9. 
BcQeaot  Hardtf  sworn. 
^l|r*ilWr»«^<T;— WKjil  -—    Mr.  Har- 
dy ? -  —A  ferjean  i  iu  lord  U  <  nc  i  I j Ics . 

Whemm-^^  ^-^'^^T  iii'Uiur  ...^  ihrough 

Dul  voti    .  ,     .     — Yes* 

i.A'  '.        -JVC  yuu  llint  p»per?— No^  tills  is 
i^^r  [nQOthcr  shown  him.]*— This  m 

iknds  give  it  you  ? — Yes. 
311  jpiMi  see  whom  Sundilaads  got  it  rrorti  ? 

^haX  md  Sondilands? — He  asked  me  to 
pkit  tt;  I  '  '  '  '      '     !  '      !  where  he 

lit;  Ue*5  name; 

liftid  tbert:  wTTtr.   iiii,  .i[i->  fji  .«,t-t]jaou!»  peo* 
I  l>tlkeitl)^  but  he  never  went  near  any 

re  you  going  to  at  that  time? — 
^c    _,_  _u  our  march  to  l.tif'Und. 
lottrmimeot  had  i,  and  agreed 

„  I  Uf  Eagliiiid  «t  1 :  --Three  hun- 

mi  q(  them. 

Bartholonmw  OConno%  s^vo^n. 
Xtrrf  Advocate.— What  regiment  are  you 
I— The  Till  rei^irneDl  of  feacibles. 
fbo  cociniands  them? — ^^ILic  eurl  of  Hope- 

^crtjTOu  In  tha  village  ofDalkeitli  lately  ? 
Mfei. 
LWas  tha  regiment  there  ?— Yes^  part  of  the 

f h^i  time  ?— I  do  not  remember  wliat  day. 

^xk  "it  t^^.^  or  tltn  e  moiilhs  ago? — 'Yes, 

vou  9iny  printed  papers 
li  a  tnin  rinic  ui»  und 

M,  i-  '  atd?  He 

tiift,  i'  vibc  you 

B0t  lb  ^y  (^t  you  vi^'ili  be  ^ii  &old  to  go 


Did 

nadf 

rto 
do 

tut' re    »>   ij  |>rjuVed 

Kl^   ri.ir..'-. 

are. 
.ij-Li? — No,  my  lord,  I 
it  ihu  foot  of  jl  there 

^— He  put  it  into 

,1  in  nr»  ha.iJ, 

lut 
.  of 

HP«ft^|||Uiini, 

Mid  ' 

|.     ..... 

M    U 

«..  .^ii<LM  >;. 

^*.nvu.    uTc  you  of?-^Tlic 


4 


A.  D.  1794^ 

Is  that  lord  Hopetoun's?— Yes. 

Where  are  you  at  present  ?— Al  Liverpo- 

Do  they  know  the  village  of  Dalkeith  I 
Yes. 

Were  you  there  on  your  march  to  En^. 
land? — Yes  on  going  to  England  in  May  lasl 

Had  you  any  conversation  in  tliat  pluce  re^ 
lative  to  your  march  to  Engliind? — ifcs,  sir, 
— one  day  as  I  was  walkuig,  a  gentleman 
came  up  to  me,  and  offered  mc  a  paptr* 

VVas  U  printed  ?— Yes. 

Did  you  read  that  paper? — Yes,  two 
tiirce  read  it. 

Did  any  body  else  read  il?— Yes,  John 
G eddies  did  ;  I  took  no  thoughts  about  it  at 
that  time ;  it  was  signed  Dundee. 

Was  it  advising  you  to  go  to  England, 
or  dis&uadiDg  you  Irom  ^oinj^  to  England  ? — 
It  told  us  we  were  all  sold  if  we  went  to  Eng- 
land«  if  we  staid  at  home  we  should  get  thou- 
sands to  help  us. 

Can  you  read  ? — No,  sir,  I  cannot. 

Who  read  it  to  you?— Another  chap  read 
it  to  mc. 

Is  he  here? — No,  he  is  at  Whitehaven. 

John  Giddies  ^worn. 

Lord  AdvoeaU. — What  regiment  are  y( 
in  ? — lord  Hopeloun's. 

Do  you  know  the  town  of  Dalkeith  ? — YesT 

Where  is  ^our  regiment  quartered  at  pre* 
sent? — In  Liverpool. 

Were  you  in  the  town  of  Dalkeith  with 
your  regiment  when  il  marched  to  England  ? 
— Yes, 

When  was  that  ?— [No  answer.]  ^j 

Do  vou  know  Archibald  M'Fadzean  ^—Yc^^H 

Had  you  any  conversation  with  anybody  i^^fl 
Dalkeith  about  your  regiment  going  to  Eng- 
land ?     Did  any  body  ever  show  yuu  a  paper 
about  it  ? — No. 

Did  any  man  show  you  a  paper  ? — I  eaw  a 
man  in  Uie  street  witll  them. 

What  did  the  man  in  the  street  do  with 
them? — I  saw  him  giving  them  out  to  the 
soldiers. 

What  did  it  mean? — I  went  into  Archibald 
M*Fadzean*s  quarters^  and  I  found  him  read- 
inz  it. 

Was  he  readinj^  it  ?— Yes,  and  some  more*] 

Who  more? — Some  of  our  own  men 

Do  you  remember  the  purport  of  il  r* — Yes, 
it  was  advising^  us  not  to  i^o  to  England,  and 
if  we  stood  bauc,  we  should  get  thousands  to 
assist  us. 

Do^ou  remember  any  particular  expres- 
sions m  it? — I  remember  a  paragraph  at  the 
latter  end. 

What  was  it?—'*  Stay  at  home,  O !_  Dear 
Brothers,  be  advised  unci  slay  at  Sv»«»"^  ' 

Lord  Advocate. —  lljis  \h  ihc   »•!  t 

per  Hardy  swears  lie  received   ir  * 

IandS|  which  is  now  to  be  read. — It  is  date' 

^'      '-    April  12,179* 
<*  Friends  and 
"  It  ib  with  tije  }ii.  inTsi  I'leasure  that  J 
country  incn  are  infonned,  Ua\  'svidv  \%  s 
U 


S4  GEORGE  IIL 

rattaclimeiil  and  love  to  ihcm,  and  your  native 

rCouriiry,  thai  you  niantully  and  firmly  resolve 

[sot  to  leave  it  upon  any  terms,  contrary  to 

[those  upon  which  yon  were  at  first  engaged. 

I  Your  countrymcn'love  yon,  and  our  hearts 

7%onld  be  as  Innch  wounded  to  part  with  yotj, 

as  yours  wouhl  be  to  be  separated  from  them. 

They  well  know  that  they  are  safe  under  the 

protection  of  tlieir  fiilhers,  their  sons,  their 

brolhera  in  arms,  and  they  neither  wish  nor 

|lesire  any  other  defenders.    They  hope  and 

ehc\*e,  that  your  hearts  are  filled  with  the 

Ifame  sentiments. 

r    •'  1  he  great  mass  of  the  people,  from  among 

J  whom  you  have  been  enlisted,  have  been  re* 

preticnted  to  you  a^s  your  enemies :  believe 

Dol  the  assertion.    They  have  been  taught  to 

consider  you  as  foes :    but  they  do  not  fear 

Indin^  friends  among  their  brethren. 

'  Their  cause  and  yours  is  the  same.  They 
ire  poor,  but  ihey  have  honest  hearts — hearts 
irhich  sympathize  in  your  cause ;  they  look 
br  the  same  friendship  and  the  same  sym- 

alhyinyoii. 

***They  rejoice  to  hear,  that  yon  are  "becom- 
!ng  daily  more  coaviuced  of  the  great  trulli — 
that  the  hiw  ought  to  be  the  same  to  the 
HiRhlander  and  to  I  he  Lowlander,  to  the  rich 
and  to  the  poor,  and  that  no  man  can  be  com- 
pclfcd  to  take  up  arms  by  any  authority  what- 
soever, unless  his  own  inclinations  prompt 
him  to  do  so, 

**  This  truth  has  been  hitherto  carefully  con- 
cealed from  you,  but  it  is  not  the  less  certain. 
The  vtill  of  your  laird  cannot,  without  your 
own  consent  separate  you  from  your  families 
and  fi"icnds,  although  many  of  you  may  have 
experienced  the  exertions  of  such  a  power, 
however  unjvist,  and  however  contrary  to  law. 

'*  We  respect,  and  admire  the  principle 
which  induces  you  (though  necessity  has  com- 
pelled yoir  to  lake  up  arms)  still  to  persist  in 
renminln^  to  defend  your  friends  at  home, 
and  not  quit  a  country  which  holds  pletlges 
so  dear; 

'*  When  jou  are  gone. — Where  is  their  dc* 
fence?  ihe^'  maybe  eitncr  left  without  pro* 
tectron,  or  may  soon  see  their  country  over- 
run liy  forpi'ii'  tionp^,  jiuch  as,  in  time  past, 
have  alreiji'  blood  of  your  ancestors 

without  pr  ,  and  without  remorse, 

and  who  would  feci,  perhaps,  as  littic  com* 
punction  in  shcrlding  theirs. 

•^  Prepared  for  every  deed  of  horror,  these 
Itircign  mcfccuHrics  may  violate  Uic  chastity 
of  your  wives, ynur  sisters,  and  your  daughters ; 
and,  whan  dtrsirr  is  satiated,  cruelty  may  re» 
•^  '         '  Ah  experience 

1  n,  an  J  friends^ 

I  m^y  be  im*olved 


Trial  of  David  D(mnie 


[100 


tality,  were  pierced  with  the  daggers  of  their 
treacherous  guests,  and  the  feast  prepared  bj 
the  hand  of  unsuspecting  friendship,  was  closed 
with  a  scene  of  blood !  Such  is  the  return  for 
kindness  and  hosnilahty !  Such  the  prottM> 
tinn  your  famihcs have  lo  expect!!! 

**  How  will  ihey  then  look  around  in  vaift 
for  jour  protecting  care,  when,  perhaps  you 
arc  hghting  at  a  distance  in  a  foreign  land — 

but  tiiey  hope  you  will  not  forsake  them 

Slay,  Oh  I  stay,  and  defend  your  families, 
ana  your  friends ! 

"  For  that  purpose  alone  you  were  en- 
listed. They  ure  !cady  lo  come  forward  for 
you  in  the  vindication  of  your  rights. 

**  Thousands  join  in  the  same  sentiments 
with  you,  and  ardently  w^ish  for  your  con* 
tin uancc  Among  them.  The  circumstance* 
which  might  require  you  to  quit  your  country 
have  not  yet  taken  place.  No  mvasion  lias 
yet  happened — You  cannot  be  compelled  to 


go — leave  not  your  country, — assert  your  in- 
dependence ; — your  countrymen  will  look  up 
to  you  as  their  protectors,  and  guardians,  and 


hearbi  tlirobbmg  wilii  kindness  %od  hospi- 
*  See  Val  i$fj^.  d79  of  thu  Collecuoa*         i 


ipendence ; — your  countrymen  will  look  up 
,  you  as  their  protectors,  and  guardians,  and 
will,  in  their  turn,  lift  up  their  arras  to  piolcct 
and  assist  yon.'^ 

John  Fairlei/  sworn. 

Lord  Adtotatt. — Where  did  you  commonly 
reside  f — In  Broughton. 

Do  you  know  a  man  of  the  name  of  George; 
Ross? — Ye*,  1  have  a  little  acquaintance  of 
him. 

Where  did  he  live  last  spring,  before  you 
were  taken  into  custody? — ^In  the  Cowgatc,  I 
believe. 

Near  the  South  Bridec  ?— Yes. 

Did  his  house  enter  irom  the  South  Bridge? 
—Yes.  it  enters  both  from  the  Cowgatc  aad 
South  Bridge. 

Do  you  know  of  any  committee  being  held 
in  that  man's  house  last  sprinc  ? — There  was 
a  committee  of  collectors  which  met  there. 

Were  you  a  nicmbcr  of  the  British  Conven- 
tion ?— Yes. 

Of  course  of  the  Society  of  Friends  of  the 
People?^  Yes. 

EHd  your  society  send  any  delegates  to  tlie 
Committee  of  Collectors? — Yes. 

So  you  were  a  collector  ? — Yes. 

Do  you  know  of  any  other  Committee  of 
Collectors? — ^The  Broughton  Society  ap- 
pomted  some  members  to  a  Commillee  of 
Union,  which  met  there. 

Were  you  a  member  of  that  Coramhtce  of 
Union  ?— No,  I  was  not. 

Do  you  know  of  any  other  committee  that 
met  then  '       '     '    '  "     ^  -There  was 

another  that  com- 

mittee, biM    i     .v,.^  **..,   ..   (..r...iM  ,   ofjl. 

Were  you  ever  with  that  last-mentioned 
committee,  m  company  with  thcra  ? — Yes. 
^V  ho  were  the  persons  jou  saw  ia  thai 

ri  rrmiUiri .  .iiul  uliuui  vou  understovKl  to  be 
%etin  Mr 
i  I!,  and  Mr,  j 

U  \iu  Id  he  ^—1  Uhovc  be  is  s  jeweller. 


Ji^r  High  Treason. 

htm  again  if  you  saw 
[X  I  would. 

1»  iiul   imu  behind  you  there? — Yes,  I 
\imk  it  9%, 

ly  else  in  that  coxnmUtee? 
ke  there, 
.My*r,  w  nji  js  he  ? — I  do  nol  know 
It  br  wss;  he  was  a  student,  1  believe. 
Wrrc  you  ever  employed  by  that  commit- 
*ofi  anjr  ocdAion  ?— 1  was  twice  or  thrice. 
|jilL.t  .r.  .iV.N'h  ilu^  ^MlJcclars  were?— In 
ihtef^i  ,  it  W48  moved,  1  do 

nrA  r-  ,  Umt  fcubbciiplign 

i 

,  ^     >  should  be  gotten  ? 

y  wAuted   tnc  io  get   thche 

-m  and  told  the  committee, 

i  I  £oi  the  piiP^rs,  and  went  on  one  nisht, 

I  to£j  them  I  had  got  it ;  I  was  on  another 

I  Iherei  and  toldthcm  wc  had  chosen  a 


A.  D.  1794.* 


[10« 


Wh 


CUUlIDillLf  ! 


ci?—  It  was  myself. 

imucc  of  Union,  or  the 
-It  was  the  other  com- 


Bid  )*ou  ever  hear  any  other  name  given  to 
tislSttboofnnihtee,  tlun  wlmx  you  have  just 
AMT  utM%cd} — ^Thcy  c!iU  them  a  Sub-com- 
■iUatt    iud   a    Committee   of    Ways   and 

Ibe  Committee  of  Ways  and  Cleans 

mptoy  you  in    niv  olhcr  business?-*- 

fhfj  nef tT  in  any  other  busi- 

feaa;  I  do  ti  :•  other  buiiioess. 

Mr,  AtulruiJttr.— ii  wimiy Oil  said  the  other 
A*y  hf  frtjf?,  you  will  leM  it  over  attain  tollicse 
f  ,  r  ..  [  1^215  g<,  Wciil  country 

t^  k4  1  h*d  t  I  country,  and 

i  iscAiTi  %uniQper  r  Lcanie  from 

AiHh^  they  biid  :  *  wstounness ; 

tffipiMl  5%  uj  L'i^truvvbtounness;  he 

U0imiktd  M  V'"*  ^^'^iddt^vke  a  Jetlcr;  who 
■ai  ibai  ficnon^—  Mr.  Bonthronc;  the  next 

4»  Ir^iiftl  *in   Mr     \\  Alt      ;in<l  tul/l     him  (hat 

n:; 

at  the  Lucli* 

t!  Ill),  ;uid  he 

i«k0l  ci»(«  fl  i   J  '  baidl 

owld  pet  It  af   M  ater*  at 

tilt  Lti#  ..  kilLt  trQm  Mr. 

fiooctu  b  \V  att  ^;ivc  me  a 

IrtlCT  ■  •     .>t  from  Mr. 

Cfoviti  i  with  me. 

W«.s  •        !   KM. 

i    ;  '— *i  »•>  i*"i   III!  I 

-  -Lic  were  «imf  let- 
Ik  cif  aad  tho  iualnictions  of 

-If. 

>  «yillt  it}— 

1M  >c*u  iM  W  ^iaiin^  aud  1  alkirk  ^— Yes. 


What  were  the  instructions? — He  desired 
me  to  go  to  Mr,  Downie,  and  send  money  to 
them,  and  the  iu«iU  iictions  were,  to  concspond 
with  Mr*  Downie,  ai*d  also  to  inquire  the 
number  of  patriots  in  each  place,  and  to  send 
money  to  Duwnie. 

Was  any  thing  else  in  the  instructions  ?--) 
There  was  something  about  u  plan,  but  I  do 
not  recollect  tlie  exact  words. 

Kecollect  yourself,  what  was  it? — Apian 
about  sometlung. 

Vou  talk  about  papers  and  regulations  for 
the  society,  and  circuhr  letters,  were  they 
prmlcd  or  written  ? — Printed. 

Was  the  commbsion  printed  ?— No,  it  wai 
in  writing. 
W^re  ujere  seals  to  if? — No. 
You  said  there  was  something  about  a  pkn; 
had  you  any  conversation  with  Walt,  or  Dow- 
nie, or  Stoke  about  a  plan  ?-^I  never  had  any 
conversation  with  Downie  or  Stoke,  but  W' alt 
spoke  to  me. 

What  was  it? — Something  about  imprison- 
ing the  magistrates,  and  seizing  the  Dank 
and  public  olllces. 

And  what  else? — And  those  most  active 
against  the  people,  or  soraetliin^  of  that  sort. 
What  was  to  liappen  to  Uiem? — ^They  were 
to  be  imprisoned. 

W^s  there  any  thing  else  in  ii? — They 
spoke  something  about  sending  couriers  to 
iLc  coimtry,  to  tell  what  was  done. 

What  was  dene?— Why  about  seizing  them 
things, 

Those  persons  you  mean  ? — Both  pcrsoi 
and  things. 

Was  there  any  thin?  about  that  plan  in  t\ 
paper  of  instructions)— It  did  nut  say  whal 
plan. 

What  did  you  understand  by  Uiat  word  irfj 
the  paper.    What  plan  did  you  think  it 
upon  your  oath  ?— It  miglit  be  that — I  canQ< 
say. 
You  went  to  the  Queen's  Ferry? — ^Yes. 
Where  next? — To  Stirling. 
Did  you  show  the  committec*s  histruclioiif 
to  any  body  at  the  t^uecn's  Ferr)-  ? — Yes. 

Where  did  that  Incnd  live  that  you  were' 

coiuK  to  see? — It  waa  a  sister  of  mine  w 

rivcifin  service  al  Alrth^  on  the  other  side^i 

the  water. 

Did  yuu  go  to  Stirling  ? — Yes. 

Were  yuu  acipiaintcd  with   any  body  i 

Stirling?— I  culled  upon  Dr.  Forrest;  I  hear 

of  him,  but  t  bad  no  acquaintance  with  him|, 

1  i4»m  whom  ditl  you  hear  of  him  ? — I  have 

heard  of  him  thftcrcnt  times  at  Kdmburgh, 

bcin*;  a  FrJcml  of  the  IVuple  *tt  Stirhng. 

Did  you  go  to  Airtli  ? — Ves.  ^ 

Were  you  at  Dorrowsiouuness  ?— I  did  go^ 

to  Burrow fttoiinnc^s  a^  I  came  back  -.  I  wcnl 

lo  see  the  place ;  1  did  not  leave  any  tiling 

there. 

Did  you  go  to  fee  any  body  there  ?— I  baa, 
no  letters  f<ir  Horrowstounne^s,  1  had  no  dirc&| 
lions  to  open  it  there. 
Yuu  never  saw  doctor  Forrest  before  Uiatj 


you  heard  of  him  as  a  friend  of  freedom ; — 
Ye^. 

From  whom  dkl  you  ever  hear  it  ?— I  can- 
not say* 

Did  you  ever  hear  [of  him  in  the  Com- 
mittee of  Ways  and  Means  f— No,  I  cannot 
say. 

Did  yoii  see  doctor  Forrest  ?^ — Yes,  I  did. 

And  vifhii  passed  between  you  and  the 
doctor.  Now,  sir,  you  said,  thai  you  would 
tell  him  the  news  of  Edinburgh,  and  he 
would  icll  you  the  news  of  SUrliiijj? — Yes, 

Now  what  was  the  news  of  Edmburgh  I — 
I  do  not  recollect,  but  I  showed  him  the 
paper  of  reflations,  and  the  circular  letter  I 
brought  with  me,  and  the  paper  of  instruc- 
tions of  the  commiUee* 

Now,  did  you  ask  the  doctor  to  introduce 
you  to  any  more  of  the  friends  of  freedom 
there?—!  believe  I  did,— there  were  two  or 
tbrec  came  to  his  house 

Do  you  remember  the  names  of  them  ? — 
1  Itiink  there  wasi  a  man  of  the  name  of 
Thompson. 

Was  there  any  particular  conversation 
passed  between  you  and  these  friends  of 
doctor  Forrest,- *tell  I  he  jury  what  the  subject 
of  your  conversation  was? — I  cannot  tell 
what  the  subject  was;  I  had  a  copy;  I  Would 
tdl  them  tlxat  they  were  about  to  make  pikes 
in  Edinburgh,  or  something  of  thai  kind. 

You  rather  think  yon  did  that  ? — Yes,  I 
think  I  did. 

t  Wliat  did  those  gentlemen  say  to  you  when 
they  heard  about  makin-j  pikes  at  Edinburgh? 
*-f  hey  told  cr,e  that  the  society  at  Slirfing 
was  not  so  numerous  as  it  once  was;  but 
what  they  said  when  I  told  them  about  the 
ptkcs  I  do  not  rccoUcct» 

Did  they  fiay  any  thing  else  about  the  stale 
of  the  friends  at  Stii-lmg?— I  rather  think 
they  ?aid  ihry  were  willing  to  contribute 
money,  but  th(  .        ' '       i  do  any  thing  else. 

What  ebcdl  rslaiid  by  this  an- 

swer r^^I  remciin^Li  iiig  that; 

I  understood  that  Ih  were  not 

numerous,  there  were  ....ix^.  ii  Lutin  there* 

Is  thai  what  you  understood  by  the  word 
pise?— Yes,  they  said  we  could  expect  no 
thcr  supnort  but  money. 

Were  they  happy  when  thrv  tK-ard  pikes 
were  preparing,  or  were  '  ? — They 

did  not  !<ay  whether  they  nv  ,  or  sorry. 

Did  iliey  approve  or  di^pprove  ?— No, 
Ihcv  did  not. 

*:fhey  iuid  nothing  nhcrnt  it? — ^Not  that  I 
broiler  t, 

''■  '  '■■  '  .  '  .  "—''-;  -Trcst 
In  you 

M'  ir,  liirfc^l  ?-• '► 

ll 

...i.--Wii5  it  like 

--.  .  ,--  those  before ^--I  bad 
'  wca  any  before;  1  had  beard  iKcin 
Wit 

tkaoibed  it  u>  you  ?*«I  hive  heard 


Trial  qf  David  /)otem>  [1 04 

them  describe  it.  T  recoUecl  I  had  drawn  a 
dmu^hi  of  some  before  this ;  and  gave  it  to 
Wan. 

Where  was  this?  at  Edinburgh,  or  Brought 
lon?^I  cannot  say  where  I  drew  the  dntught, 
but  I  ^ave  it  to  Mr.  Watt;  1  sketched  one  oo 
a  slate,  because  Mr.  Watt  desired  me;  then 
he  said  I  would  do  it  upon  a  bit  of  paper,  and 
i  did  do  it. 

Would  you  knew  that  paner  again  if  you 
saw  it ;  took  at  that  ? — I  thinlt  that  is  it. 

Who  was  It  who  described  it  to  you?^ — I  had 
seen  them  of  that  4ort  before. 

Where?— I  think  the  Serjeant's  hjJberts 
are  something  hke  that 

Did  Watt  tell  you  for  what  purpose  he 
wanted  those  things? — We  said  the  piket 
were  intended  for  self- defence. 

You  drew  this  to  doctor  Forrest  at  StiriiDg  i 
—Yes. 

You  do  not  recollect  whether  he  was  glad 
or  soiTy,  or  approiTd  or  disapproved  f — No, 

Where  did  you  go  the  next  day  ?— To  St. 
Nlnians. 

Were  you  acquainted  with  any  body  there f 
—No. 

Whom  did  you  sec  there ?*—Mr.  M*Cross, 
and  Mr.  Brown. 

What  is  M'Cro^a?— A  mthisler  of  relief. 

What  is  Brown? — A  writer. 

Did  yon  know  tho^e  betbre  ? — Ko. 

How' can \e  ^^'^  ^^^^H  ni»tm  them?  Did 
YOU  ?<how  the  11  Hvm,  or  did  you 

ieave  them  iht.  ^ .    .     -  ,  -,    r-  ?— Yc^. 

Did  you  tr-ll  uicm  any  thin|  about  ihc 
pikes  ?**.No,  I  do  not  think  !  dtd. 

Where  did  you  go  then  *—  '  'u 

Whom  did  you  see  there?—  lerson- 

and  Mr.  Yule ;  Anderson  is  a  mim^ler,  and 
Mr.  Yrde  is  a  minister- 

V.  'oiifeelhcm? — I  to*  •     '         ti> 

Mr  ,and  he  took  them  i 

Diu  you  li  ivcihc  printed  papers  wuj)  uicm  ? 
—Yes 

W here  next ? — ^To  Camp*?ie.   Mr.  Yule 
with  mc— 1  do  not  know  to  whom. 


Did  you  lea%'e  p^* 

Did  you  show  i 

recollect.     I  went  t 

son  went  with  mc  i 

Did  yoti  show  hn 


pike?— r  do  not 
iflr^rh;  Thomp- 

^•^-Ye«, 


Where  then  ? — ^Then  1  went  to  *  ilj^^o 

Where  did  you  call  there?— <Jti  .Mr.  Su 
cJair,  a  reed-tnaker. 

Wjis  Sinclair  a  member  of  the  convention  f 
— 1  dri  not  know. 

flirt  ht*  Like  )*cju  Under  hi!*  protection ?— lie 
w^-  '      t  x%'ene  Uiere,  and  1  went 

iuv 

V'  -^      It  is  where 

pai  1. 

J  '■"■' — tn 

yo*-  ■- 

vtr.  .,..  .....  -:-,...;...*;  ,    ,  ^  ^vc 

M: 

\v  :  ftn6x»  wh09P  Ikcts  you 

reeugnuird  xo  tiic  reading-room ;  w«m  Ikfty  of 


lOS] 


J^f  High  Treason* 


A.  D.  1794. 


[lOS 


iheifi  iMnh^fi  of  ll^e  Brtdsh  ConvcoUoa  ? — 
t  ffid  ml  faaem  tHemt  fhett  ^erc  none  that  I 
|ra€5f;  I  iatd  there  ^were  none  of  iheir  faces 
thmt  t  kttew* 
^Di4  }f^^  ^o  *f*y  farther  to  the  west? — I 

I  Aid  joli  €all  on  there  ?— Mr.  Haitie. 
I  yim  Imvt  any  papers?— Yc5. 
I  yoy  gu  farther  west  ?*-No. 
I  jpoii  came  home? — Yes* 
I^WImo^  did  you  "O  first  ? — First  to  my  fa- 
^  aad  then  to  llie  Com  mil  Ice  at  Ross's. 
fwB  it  lUe  Coramitlee  of  Ways  and  Means, 
buSiA-coinmiUoe  ? — Some  tall  il  one  way, 
\  the  otbcr,— it  was  coramittee  night, 
pDnl  you  ftnd  any  members   of  the  com- 
'Uiert?— There  was  Watt,  IvrEwan, 

Bi<  jrou  itate  any  thine  to  the  committee 
pfeti  to  the  olttces  where  you  had  been, 
^m^ptei  to  ihe  imture  of  your  journey  ? 
lool  remember  the  particulars  of  what 
I  Hid. 

I  lak  I  ?— .1  told  them  that  the 

ftJMi^  A  hearty. 

I  WlMii  ui  fiiltce  say  to  that,  were 

ka|if)  did  they  appear  to  ap- 

•c* — '  II J  cither. 

Wi5  ?    Did  you  eivc  them 

laick  fl^.^     .  — .  ,    ,  ers?— No,  I  did  not. 
PWjfrtijgivc  them   back  f— I  gave  Ihem 
'    liae  «iys  afterwards, 

jpou  take  any  notes?— I  took  down 
um^  of  the  people  1  called  at  as  I  went 

at  fwrwne  of  that  paper  ?— I  gave  that 

.  ihal.  or  show  it  to  the  com- 
tliAi  lughtf — NOj  t  believe  not;  I  do 
■Uncollect 

W  ywi  i       I     T    ate  any  further  pariicu- 
Im  Id  ihr  f  } — I  am  sure  I  cannot 

y»r>"-*  '  "  *Tiey  were  hearty, 

"  l>»i  .  ^es  of  that  journey 

I  ot  ■  >,^,  ur  out  of  yoiu'  own 

'..tr 

i,rn«:ps — T  frot  a  letter 

and  he 

^vnie  gave 

I  ymt^pend  all  the  money  in  your  jour- 
ff—  lit  i:ri.  of  It, 

Fh  do  with  the  rest — I  gave  it 

ItJie  ci^iumUtcC)  and  Ihey  gave  it  me  l^ack 

was. 
^— I  sup- 

if  that  committee  ? 
'^'"--     —   hut  I 
rcr. 
■f*"'  ■  .M.Aer  at 

,  -1     ^  No,  I  did 

f  bfti  Ume  did  yot*  get  tiiere  ?— I  got  there 


Whst  time  did  you  leave  it^-*i  iancy 
n tight  be  about  6  o'clock. 

What  made  you  not  come  back  apu^  ftffcer 
you  had  seen  your  sister? — 1  wnDtodloaee 
the  country. 

How  came  you  not  to  gpand  lee  theemmty 
of  Filc»  as  well  as  Laoarkahire^^I  went  ta 
see  my  sister, 

Stirling  h  a  little  farther  ofi*  than  your  sia^ 
ler's — Yes  il  is. 

How  came  you  to  go  a  little  farther  aftfl 
you  had   seen  your  sister? — As  I  had 
tilings,  I  just  went  uluno^  with  them. 

But  why  did  nol  igwuhlhcmlo 

Fife  as  well  as  to  >     ,         ^re  i — 1  was  near 
Fife. 

Were  not  you  as  near  to  Glasgow?— I  had 
no  particular  reason  for  it,  eacept  it  was  to  ga 
and  see  them. 

Is  it  a  common  thing  to  take  a  loilg  joum^j 
when  you  go  to  sec  your  sister  ? — you  took  a 
journey  to  Kilsyth,  Kirkintilloch,  GlasgowJ 
and  Paisley  ?— I  cannot  say.  1 

How  came  this  committee  to  pay  yoti  for* 
all  this  journey? — ^Becausc  tiierc  were  aiib- 
serin  lions   going  on  for  those  that  sufi«r«d 
liitely»  and  I  told  them  to  send  money  to  the 
committee. 

Whose  business  was  thii*  you  were  going 
about  when  you  went  this  journey < — was  it 
your  own  business,  or  the  committee's  f — It 
was  the  commit  tee's  business. 

How  did  you  know  the  committee  had  any 
bu.^iness  at  Glasgow  ?^By  my  commission  ; 
I  was  not  confined ;  1  had  libcrly  to  go  wliere 
I  liked-^l  might  go  to  Borrow slounne^s^  and 
Glasgow, 

Tlie  instructions  said^  ^  to  Falkirk,  Bor- 
Towslounness  and  Stirling  >— Yes. 

Then  how  came  you  to  explain  the  S  ^g, 
atwl  the  other  letters  with  blanks,  to  me,  that 
it  meant  the  three  other  places? — Because 
there  were  socielies  there. 

What  sort  of  socielies  ?— The  Friends  of  the 
People. 

Tnen  you  thought  yourself  at  lil*erly  to  p* 
to  any  other  pbce  where  there  were  Friends 
of  the  People? — Yes. 

1 1  was  l>ut  reasonable,  to  be  6tire,  the  in- 
structors should  pay  you ;  tell  me  how  yoti 
got  the  commission,  and  what  was  in  it?~It 
waA  just  lulling  me  to  call  at  the  societies. 

\>  hat  did  it  say  ? — ^It  «ai(l  the  committee 
authorized  me  to  call  at  those  places. 

You  said  you  found  in  .Stirling  they  would 
give  you  support  by  money,  but  wuufd  not  give 
you  any  tiling  else,  they  were  not  ready  for 
any  thing  else  ?— They  would  give  support  by 
money,  hut  nac  other  way. 

What  do  you  mean  by  nac  other  way  *— 
That  they  were  not  numerous,  and  that— 

But  a  few  people  could  give  you  support;  it 
tni;^lil  not  be  very  good  support— they  might 
give  you  stipi^rl  by  something  else  besides 
inon<»y>  what  did  you  mean  by  something 
else?  — I  do  not  know 3  1  had  just  asked 
them. 


107] 


31-  GEORGE  111. 


Trial  ofDaxid  Downh 


[108 


Were  your  ixistructjons,  as  well  as  your 
commbslon  from  the  cooatnitlce? — I  Ihiuk 
it  nienlioDed  aUoul  the  committee;  I  cannot 
mention  whether  it  was  the  committee  or  not. 
RecoJlect  whether  your  iastructions  mention 
it?— Tliey  do  nieDtiou  it. 

They  mention  sometliing  about  a  plan? — 
O,  aye. 

What  did  it  mention,  about  that  plan  ? — It 
mentioned  something  about  that  plan. 

Was  it  a  litOc  plan  ? — I  have  answered 
that  question  to  the  lard  Advocate. 

Was  il  a  great  plan,  or  a  grand  plan,  or 
little  plan,  or  what  did  they  call  it?— No  par- 
ticular name -> they  might  speak  of  it,  I  be- 
lieve. 

What  was  that  plan  to  clo?^It  did  not  say 
wbat  it  wa%  to  do, 

Mr.  Anntruthcr, — He  has  said  he  understood 
the  plan  to  be  tlie  same  plan  tlat  is  mentioned 
^bjWatt 

What  was  the  plan  I o  do?— I  can  tell  you 
If  bat  Mr*  Watt  said  it  was  to  do. 

What  did  your  instructions  tell  you?    Did 
it  say  it  was  near  fiai&hed,  or  that  it  was  far 
1 1  from    being    finished?  —  I   thiuli   the    word 
lȣnisbed  was  in  it. 

Did  It  say  any  thing  like  it  was  far^  or  not 
vita  from  being  finish^?— I  cannot  give  the 
(express  words. 

Give*  me  the  same?— It  §p<>ke  something 
about  that  plan. 

About  what  plan  did  it  speak  ?— It  did  not 
mention  the  plan:  I  said  1  supposed  it  might 
\  be  that. 

h  Now,  did  it  say  that  plan  was  to  be  attend- 
ed with  success,  or  want  of  success  ? — I  cannot 
.say  things— I  did  not  mind. 

Whom  were  you  to  give  your  instructions 
I  to  when  you   returned  ?~Thc  clerk  of  the 
ItCommittee  of  Wnys  and  Means  when  I  came 
•  back. 

1  think  you  said  you  were  permanent  prescs 
rof  the  collcclora  ?— Yes, 

What  were  they  to  do  ? — To  collect  money 
I  i^nd  sentiments. 

Were  they  to  do  any  UuDg  else?— To  see 
'  who  were  determined  to  support  the  burthen 
[in  the  cause  of  universal  sullrugc,  and  annual 
srliamcnts. 

To  whom  did  your  instnjctions  tell   you, 
[^ou  were  to  send  the  juoncy  ?— The  instnic- 
13  saul  the  money  wa^  to  be  TClurned  to 
Mr,  Downic. 
Did  you  ever  hear  any  thing  about  arming? 
-Mr.  Watt  and  I  spoke  about  pikes  two  or 
tircc  times, 

Wcli^  now,  what  wero  tlic  collectors  to  do 

vitli  tliobe  pikes,  or  had  they  any  thing  to 

00  with  \.\ii\u  r^  Mr.  W  art  Jnci;  -I^uwtd  oie 

Otuc  of  t  said  lie  r  me 

omectf  II  ;v  to  ilie<' 

t>"'  \l..  I  did  not. 

^^  '  ttrrm  f— 1  Aid  not 

Be. 

e^iii-f*-.  iu|u:   01   tiic  tyilcLlOi-^  had  iaid  they 


At^  W^att  said,  take  them  down  to  the  col- 
lectors, why  did  not  you  take  them } — If  1  had 
taken  them  down  to  the  collectors,  they  would 
liave  been  blaming  me  for  distributing  tlicm^ 
You  supped  with  Dr.  Forrest  that  ntght? — 
Y'cs. 

You  staid  with  him  after  the  company 
came  awny  ? — I  recollect  I  told  Dr.  Forrest 
first  something  about  that  plan. 

Now,  what  did  you  tell  Dr.  Forrest ?•*-! 
told  him  what  I  told  you. 

Did  yon  tell  him  such  a  nlan  existed  ?— 
I  said  I  had  heard  it ;  I  had  never  heard  it 
from  any  body  in  the  committee  but  Mr. 
Watt. 
Look  at  that. 

Court. — What  is  that  paper? 
Mr.  Jnsirw/Aiff.— lie  has  read  this,  **  Stir* 
ling,— support  by  money,  courage  not  great, 
supj)ort  as  yet  not  certain/' 

CuurL — What  paper  is  that? — A  Ibt  of 
names  I  took  with  me. 

What  for?  —  For  the  purpose  of  corre^ 
ponding, 

Whom  were  you  to  correspond  with?— - 
With  the  Committee  of  Ways  and  Means. 

Were  the  Commitlee  of  Ways  and  Means 
to  correspond  with  all  these  people  ? — (  can- 
not say  whether  they  would  or  no,  but  they 
had  the  particular  power. 
Mr.  Amtruth€r*  —  W^hy  did  you  J  cave  a 

blank  there  in  the  first  line, — dues  S g 

mean  Stirling?— I  lett  a  blank. 

Because  what  ? — I  had  a  list  of  the  names, 
I  did  not  expect  any  body  to  sec  it^  but  I  did 
it  just  for  fear  any  body  should  sec  it. 

Dues  c ge  mean  courage  ?  and  why  did 

you  leave  a  blank  there  ?  you  had  nut  courage 
to  fill  it  up  perhaps? — Yes,  but  I  wanted  no- 
body to  read  It  but  myself. 

1  thought  you  said  you  made  this  up  for 
the  use  ot  the  committee  f — Well,  btil  1  had 
it  to  read :— the  comiuiltee  did  not  desire  me 
to  write  tliat  about  Stirling;  X  gave  it  In  to 
Mr.W^att. 

Did  you  give  it  to  him  as  one  of  the  com- 
mittee ?— 1  gave  it  to  him  as  one  of  the  com- 
mittee, 

Mr,  Cuilen, — When  did  you  givf  it  to  ISIr. 
Wall?— Some  days  after  I  came  li  ve 

him  my  instructions  and  comm  - 

time  after  I  cume  home. 

Mr,  Anstruihcr,—\ou  were  ordered  to  de- 
liver liiein  to  liif  tommitkc?— Yc*. 

Did  you  infoi  m  the  conmiitlee  of  what  yeu 
had  doncinyourjourncy?^!  ♦  ^''  •»  "ti  ijiat  I 
had  collected  ui  bucli  and  !^,  and 

they  wfTf'  '"  '"-.u  111  lii  riKHi 

You  i\  > 

—I  did  r         ^  _  ^a 

say,  at  btirhng  the  society  wfid  not  uumerouA. 


Mr.   / 
commti' 

\ 


C  r  osft*«Kan)  inati  on . 


^ywheo  you  went  in?— I 


1091  fi^  ^k^  Treason. 

hsA  httn  tn  once  or  twice  before^  and  I  just 
loU  them  what  I  have  sd^d  already. 

JLord  rrtsident.-^l  have  lukcn  down  what 

il»tMd  altoTft  these  in^ljut lions,  in  thb  roan- 

ucUons  were  from  the  com- 

I  he  was  to  return  them  to 

ihc  committer. 

II. — As  I  understand  it,  tjie  in- 

mmaiou^  V         ^     ^    from  the  comrailtee, 

^bty  iron  ^>  L  but  not  given  by  the 

DUtiltec;    Li  t  >   were  therefore  no  fiirther 

the    coramiltce  than  Mr.  Walt  gave 

\  to  htm  as  from  the  committee. 

Clerk.— Me  rould  not  swear  whether 
» conmittee  knew  any  thing  about  it. 

[Paper  read], 

**  S g,  support  by  money— c ge  not 

^tU->5 pi  as  yet  not  certain/' 

*  AddnsM  of  a  citixen  in  Alloa,  JameSHaig^ 

I*  KtmrtUne^  George  Miller,  shipmaster, 
"*  AUotL,  Robert  Morrison,  senior,  weaver* 

'  Ctieir,  James  BfMlveeade,  merchant. 

^  Falkitky  John  Ueugh,  merchant,  corn- 

'  S^  Kinians,  George  Brown,  writer, 
^  DtOo.  Hev,  Mr.  Cross. 
'  linttUlgow,  Mr*  Gilson  jun.,  merchant* 
*  nit«n«f*!fninnes%  William  Baird,  ditto, 
liltcr  M*Gibboi>,  uierchaot, 
:U  i^,  Jolm  Grieve,  surgeon. — 
I  iicndersoD.* 
&»,  William  Hutchinson,  esq.,    of 

*  Kklmttiilloclii  Henry  Frecland,  weaver 
**  Balbf^aSe, — infonned  Linlithgow. 

*  Ktocaiii  Printfield,  John  Thompson, 
~^*  Ribrlli,  " '  r  lc5»  Vule* 

'Ptolcj,  Hcming. 

manioc n,  mt,  iVIuir,  iuu,^  merchant 
^Leveoitilef  James  Guruner,  smithy  near 

I  K'ArthiiTt  shoemaker,  new  Meet- 
6,  tXjmbarton. 
^  Rodericrk  G onion,  engraver,  near  Bank- 


A.  D.  1704^ 


[TK 


•  Tlie  fiuLtHlirf  is  ihNiniir't.  that  this  wit- 
^M^Fttiricv  y  summoned 

aliirjoliii  i  e,  to  appear 

M9*  ibe  MbcM  i  i»  and  being 

^Uif  twoni  iod  11  i  m  substance 

.  ^  That  he  iiAil  ng  ;u,qiiaintance  with 
^Jufaa  Uetiderson:    tliat  he  even  did  not 
m  by  ^'  '  '     ^    a  he  hatl  put  sir 
MBt  aa  V,  Urieve^s  m  this 

'    ^  ""-  -  than  the  sugges- 

^t  her,  who  had  told 

,      Uiiv  ^*'  rmi    that  he 

Quid  not  r*  name  who 

IbU  btai  9c  -.uch  was  the 

«4c  fesaiKi  had  for  in- 

mtmz  ^U  "    Thepub- 

l*i  denosi- 

^  M  01  pro- 

uU«  Ai  Liiuiburgh.     Orig,  Ji^, 


"  Linlithgow,  Adam  Dawson,  certain  friend^l] 
but  not  proper  o!»jt.'cl  of  correBpondence.  • 

"  Mid-Calder,  John  Hardie,  or  Thomas^ 
Twccdal. — Shott3,  William  Mortun,  taylor. 

"  Hamilton,  John   M'Lawn,  Jamea 
miiton. 

"  Slrathavcn,  James  WiLson. 

"  Whitburn,  George  Weddel,  merchant. 

"  Dervil,  John  ("Idand. 

"  Glasgow  read'mg  room.— Thomas  Corb 
wants  a  few  cheap  books  or  pamphlets. 

**  Mrs,  Galloway  ^  high  street  Giasgow--.Jj 
wants  adoien  of  Loves  of  Liberty." 

Is  timt  one  of  the  papers  that  were  in  yourj 
parcel? — Ves,  that  is  one  of  the  papers. 
[Paper  read], 

"  Fellow-citizens  r — At  a  lime  when  powcr^ 
seems  to  be  making  such  rapid  strides  among  I 
us,  while  the  friends  of  freedom  are  perse^.i 
cutcd,  and  hunted  down  on  everv  side,  and  f 
the  genuine  principles  of  the  constitution  rc«  ] 
peatedly  violated,  by  those  who,  at  the  time 
they  are  professing  their  attachment  to  it  ^ 
are  aiming  the  secret   blow  wlilch    under- 
mines it,  the  friends  of  peace  and  reform  ia' 
Edinburgh,  call  upon  their  brethren  through- 
out the    kingdom: — We  call  upon  you  to 
warn  you  of  your  danger :  We  would  remind'! 
you  iff  the  present  melancholy  stiite  of  aflkirs; 
our  commerce  diminished,  our  manufactureri'  | 
drooping,  the  industrious  poor  wanting  bread, ' 
and  the  mingled  cries  of  the  widow  and  or* 
phan  assailing  the  ears  of  heaven. — ^These^  j 
are  only  a  part  of  the  cruel  effects  of  this  J 
most   Asastrous   and    bloody  war,  the  en4^ 
of  which  is  wrapped  up  in  a  gloomy  obscurity  ! 
which  lias  scarcely  onti  ray  of  hope  to  pene- 
trate or  illumine. 

**  In  the  mean  lime,  we  behold  armed  a$«'  ^ 
sociations  forming  in  different  parts  of  thej 
country. — We  see  the  partial  selection  of  ci* 
tizcns,  who    arc  entmsled  with  arms,  and 
shudder  in  contemplating  what  may  be  the 
motive  of  this  alarming  and  novel  prudence, 

"  Under  these  circumstances,  what  is  ouf  I 
resource?    Citizens,  there  is  but  one  thing) 
that  can  rescue  us,  a  complete  reform  in  par- 
liament.    Let  i^s  not  be  awed  into  a  servile  * 
submission  by  any  illegal  artifices ;  let  us  noli 
sink  before  the  blast  of  oppression;  but  let 
us  unite  fimier  than  ever,  and  the  number  of  ^ 
voices,  that  call  for  a  redress  of  our  grievance* 
shall  yet  be  heard,    But  never  let  us  reliii*^ 
quish  this  great  work. 

**  Remember,  that  till  we  are  fairly  repre-  , 
sentcd,  no  check  can  ever  be  opposed  to  the 
strides  of  power,  but  we  may  be  crushed  be 
neatb  its  weight,  like  a  worm  beneath  th«1 
foot  of  the  passenger,  J 

"  In  the  mean  lime,  we  sejid  you  a  few ! 
rules,  which  arc  drawn  up  for  the  use  of  our  ^ 
own  societies ;  we  recommend  them  to  you»  | 
and  ltoi>e  they  will  be  equally  serviceable.  A  , 
I  !    of  Union  is  appointed  here.  tQ'| 

.  j.e  united  wishes  of  the  several  so-  ' 

cieue^ ;  and  a  sub-committee,  whktv  \^  c^^ 


Hi] 


34  GEORGE  111. 


Trial  ofDatid  Dmnie 


[112 


the  Committee  of  Wiiy«4  and  Mtans  and  as 

treasurers  for  the  united  si»cielieB»  and  as  a 

centre  of  union  for  all  friends  in  ScoUand. 

Througb  iheir  medium,  direction!*  and   in- 

^        ctbus  will  be  given.     Ihe  tnuney  put 

their  4iands  shall  be  accoiinled  lor,  itnd 

Jbbursed  in  such  a  way  as  shall  be  most  t«l- 

tilated   to    promote  our  greitt   lausa.      If, 

bereforc,  vou  h;ive  any  sums,  collected,  be* 

ad  wi^al  your  immediate  ejiigcncies  require, 

if  yau  can  culled  any  among  your  friends, 

though  they  s.hould  not  be  rociubers  of  stj- 

aetjcs,  you  arc  requested  to  leroil  the  same 

_jD  Mr*  Edinburgh,  who 

"la  appointed  to  receive  the  several  sums  for 

the  comnjiltee. 

"  We  would  also  wish  to  be  informed  of 
the  number  of  friends  which  you  have,  on 
who«e  patriotism  you  can  rely  with  the  most 
imolidt  coufidence,  and  who,  you  are  &ure, 
will  spare  no  exertion  whatever  in  pronioling 
the  great  cause  in  which  we  are  engaged. 

"  We  would  thank  you  to  communicate  the 
best  method  of  making  our  mutual  senti- 
nieols  known  to  each  other,  and  the  per- 
son to  whom  our  letters  may  be  addressed 
with  the  greatest  safety — Direct  your  letters, 
as  above,  for  Mr.  :  we 

beg  for  an  answer  with  all  convenient  speed, 
and  remain,  your  brethren  and  fellow«>ci- 
tizensi  the  Committee  of  W.  and  M, 

Lord  vlrf«<K'afe.— There  are  only  one  or  two 

aragraphs  we  mean  to  trouble  Uie  Court 

irith. 

WUncit. — There  are  some  blanks  in  that 

aper  that  were  not  filled  up  in  the  paper  that 

! took, 

Mr.  Amtruthtr- — Whom  did  your  instruc- 
tions desire  the  money  to  be  sent  lo?---My 
instructions  desired   the  money  to  be  sent 
»  Mr.  Downie?  — The  blanks  were  not  filled 
lipp  in  the  instructions. 

Is  that  one  of  the  papers  in  your  parcel  ? — I 
hinkso. 

[Paper  read.] 

^l-^DAUEKTAt  PaiNClPLtSOF  TUC  SOCIETIES. 

'  vt      'I  lv«  Cfim ,  of  U.  IS  composed  uf  per- 
by  the  people »  lo  look  alter 
i  t  ;  nil  ate  consequently  amenable 

f  I  to  the  people;  therefore  the 

\f,  power  gf  deposing,  by  m««ns 

»*  petition  to  the  president  of  the  Com,  of  U,, 
in  a  by  him  reported  lo  the  societicn,  for  mi^j- 
Dliduct  in  any  of  their  representatives. 
"   Sd,    As    representatives  ol    the   Com. 
JV,  are  invested  with  every  nower  ttieir  ton- 
tituents  c:in  claim,  the  will  of  the  cortsli- 
u«nl,  at  the  appuinlinent  of  ^ 
in,  that  ne  walch  over  l>i 
sb-  -■  -  -  --v.      ^ 


^nd  liim/' 


Lofd  Advooatt,*^Go  to  the  collectors. 
[Heads] 

"  1*1,  Eadi  society  sliall  appoint  one  or 
more  persons,  the  most  ^ictive  and  riitelh^ent, 
to  Ikc  collector!  of  money,  and  each  of  tlie&e 
colleclor-i  are  to  have  the  superintendcncy  of 
15  or  'iO  persi*ns  whom  they  are  enjoined  to 
visit,  as  oft  as  tlieir  time  may  allow :  what 
money  they  may  collect  is  to  be  delivered  to 
the  treasurer  of  their  di^erent  societies  every 
week. 

**    2d,     Such    collectors    arc    pcmianent, 
unless  disqualified  by  inattention    -  r*'  rr- 
wise;  they  arc  to  meet  with  the  * 
and  M.  to  report  progress  once  c-v.  r  Mue« 
weeks. 

"  5th,  OfUiC  Ejcient  of  Delegation, 

"  1st,  Election  of  delegates  to  Ilie  Coon,  of 
U.  takes  place  on  the  first  1  hurs<iay  of  Febrii- 
ary.  May,  August,  and  November,  rinmiaHy.* 

**  5d,  Each  society  shall  send  a  ar 

every  12  members,  to  the  Cum  mitt'-  tU 

a  lellcr  signed  by  the  president  and  the  secre- 
tary for  the  time  bein^.  liow  soon  an  addi- 
tion of  12  is  mudc  to  aiiv  society,  ihal  societj 
is  entitled  to  send  an  additional  delegate,  fiut 
no  society,  however  numerous,  can  send 
more  tham  three  representatives. 

**  Sd,  The  powers  of  such  representatives 
slvall  continue  only  for  S  months,  at  which 
period  they  must  either  be  rcHticctcd,or  others 
chosen  in  tlieir  room. 

"  XVI. 

*'  Isl,  The  societies  shall  adopt  such  regula- 
tions, and  adhere  to  such  instructions  as  the 
Com.  of  W.  and  M.  may  think  proper  to  bsue, 
after  being  sanctioned  by  the  Com,  of  V, 

**  ^f\,  NO  member  shall  introduce  religious 
lop'  hate,  no  motion  fi>r  prayers  to 

be  r  at  the  gathering  or  dismissioo 

of  ttic  societies;  because  every  thiuij  that 
tends  to  strife  mod  division  must  be  avoided. 

*'  Lattfi  relative  to  the  Com.  of  U* 

**  1st,  The  Com.  of  U.  shall  meet  once« 
week,  imd  elect  a  president  every  meeting,  ac- 
cording as  their  names  stand  in  the  roll ;  no 
member  is  to  absent  himself^  without  aaiigiK 
ing  satisfactory  reasons. 
•*  «d.  The  secretary  simll  continue  in  office 
3  months,  during  which  period  he  has  the 
keeping  of  the  books. 

**  3d,  It  shall  be  eliqibie  in  tiny  person, 
properly  del  ecated,  fro  I  •  ^Qt 

Kingdoms,  to  oe  a  men  1 1  r ; 

but  no  foreigner  can  b" 

"4th,    No  dele^i*^  I  another  in 

.  hen  he  is  prevent*  <i  from  irt^taod- 

*'     --      '  • '  nod  «»erretary  arc 
T  rr  j>ard  the  pre* 


to  cxpkmto. 


^eak  in  the 
-jn«^  iini 


1 


1)91 


JfoT  High  Trcosm* 

^  to  be  read  by  the  secretary  at 
soon  a«i  the  pr»f'%3dcnl  takes 
vl  eiE;ht 
of  the 


of  the 

c^  j,  aiiu  tne  order  of 


•"    of  \V.  M.  must  report 

,,  inowcd  to  accuse,  or 

ions  on  another, 

grill  the  soekUies, 

jiMlimg  the  ^ronnda  of  his 

torn,  of  Ways  and  M, ;  aud 

jrjiwrt  to  the  Com.  of  U,  if,  upon 

b»o,  thty  see  siifificienl  reasons  as- 

'  ICHh,  Thf  name  of  ihe  accuser  is  not  to 

'       the  Com.  of  W.  and  M. 

jt  ajcrusation  worlJiy  of 

'    ■SV, 

\  condesceosioD, 

HtuiiuT,  must  prevail, 

ngst  the  members  of  the  Com, 

iti.r^t  '>li  iV,o  ^ocietits. 

'  l$*  inaiiimily  ofsoul, 

Hidicd,  arid  every 

Ki  "ft  prudent  maimer^  to 

,-ilnuneiital  in  forwards 

t  ibc  ;    for  independent  ^nd 

iionour  and  preference 

r  wtiMth€  to  ihe  Citm,  qf  \\\  and  M, 

*■  Ul,  The  Committee  of  Wnys  and  Means 

npcnu:  '    '  of  it  have  the 

more  of  its 


p«»«ex 


iLi  d][\i  iLj^ttentioo. 
lie  nomination  to  anjr  | 
***   i.^.ii   ^.^Li  body;   also  a  dii^cre- 
|iQWcr  to  meet  where  and  when  they 


consist  of  no  more  than 
ihrin  four  persons. 

ut  and  secretary  of  the 

.  J  ne  the  money  transac- 

oT  llie  Com.  of  W,  and  M.  once  every 

No  cross* examin&tioQ. 
Dr.  Forrett  sworn. 
Lar^  Adpxain, — Do  you  know  n  man  of 
Ibe  ntsoe  of  John  Fjiirley? — Yes. 
Whca  dill  you  sec  him  fir!>i  ?—  Some  time  in 

nMfUft 

Wlietc  did  you  sec  him  ?— At  StirUtig. 
HAdjoy  rvct  known  thai  man  before? — 
tSu^  guy  Uf^. 

H^if  cAoic  be  lo  introduce  him&cif  to  you  f 
-De  jaid  a  TbomaA  Bell  desired  him  to  call 
hiisu  * 

Yoci  iPCTf  of  Uie  s<x:ieiy  ? — Tes. 

As*!  tchrr  :Tieci  ? — In  my  house. 

r  the  members  of 


^ 


jr  story  to  the 
,  on  thai  oc- 
Ifttriey  commuAicaie  to  you  any 


parliculaf  business  or  circumstances  ?— Hie  i 
told  us  he  was  sent  by  the  committee  in  j 
Edinburgh j  to  endeavour  to  procure  money] 
for  the  support  of  Mrs.  Skirving,  and  som^i 
otlier  friends  of  reform,  .ind  to  know  what 
were  our  sentiments  about  reform. 

To  know  what  were  your  sentiments  ?—v 
He  showed  us  a  written  paper  to  that  purports  I 
I  cannot  recollect  that  paper  at  present  to  b^  I 
nolliing,  but  what  I  recollected  before,  thai  I 
there  were  to  be  collectors  for  14  or  15^  to' 
collect  the  opinion  of  that  14,  to  know  theiH 
sentiments,  and  to  procure  the  money,  I  un-i 
derstaod,  and  there  was  a  part  of  the  inslruc»] 
tions  they  mentioned,  they  were  to  be  pro-' 
vided  with — and  a  blank  followed  that;  to  b^ 
provided  with blank, 

Now,  1  asic,  what  did  you  understand  by  . 
that  provided  with,  and  that  black?     What 
did  you  understand  at  the  tune?— If  I  might  j 
gues^  nr  conjecture, — being  armed.  I 

Did  you  or  any  person  give  any  answer  aC  j 
the  time,  or  take  any  notice  of  those  instruc-  ] 
tions  to  that  effect  ?^l  think  I  said,  he  shouI<l  ] 
he  cautious  how  he  conducted  himself,  and 
what  lie  <iatd ;  for  our  parts,  we  had  nc^  \ 
thouglUa  of  proceeding  farther ;  in  wliat  w^ 
h;id  done,  we  had  expressed  our  thought^  j 
to  the  public,  or  somethm^  to  thut  purpose.    .  | 

Yon  say  you  concluded  the  blank  mean^| 
arms ; — now,  1  ask  yon,  was  there  any  othec 
circumstance  which  passed  between  you  and  . 
this  man  Fairley,  relative  to  this  conjecture  j 
of  yours,  which  tended  to  confirm  or  disprove  i 
that  conjecture  ? — 1  do  not  remember  par- 
ticularly, but  sometliing  was  mentioned  of  ai^ 
expected  invasion  by  the  French,  and  he  took  ^ 
a  piece  of  paper  and  a  pencil,  and  drew  a 
figure  resembliog  a  halberd. 

Do  you  see  any  thing  upon  the  table  like  ] 
it?— Yes,  my  lord,  it  was  something  hke  ihat^J 

He  asked  how  that  would  answer  for  de^'f 
fence? — Yes. 

Did  he  say  any  ihiHg  more  upon  that  sub^l 
ject? — Yes,  I  do  not  recollect  what  followe^^i 
upon  that ;  there  was  nothing  that  I  recollect,  I 

Do  you  recollect  any  thing  else  of  his  givj  j 
in^  you  any  other  information  with  respect  taf 
what  was  aping  on  at  Edinburgh  ?^He  men-  j 
tioncd,  I  think,  that  he  knew  u  pcrs^ou  that 
could  provide  such,  and  I  think  he  mcntionedr  I 
the  number,  but  I  cannot  put  s  name  upon  it^  ] 

Did  he  mention  where  this  person  resided  j 
that  was  to  furnish  these  things  ?— No,  I  d%^  j 
not  recollect,  but  the  idea  struck  me. 

Did  this  pass  after  your  friends  left  you,  or 
were  with  you  f— To  the  best  of  my  know- 
ledge while  they  were  there. 

Did  he  stay  after  they  left  you?— He  staid*] 
and  slept  there  all  ni^hl. 

Was  there  any  Ihmg  else  that  passed  be- 
tween you  and  him,  that  struck  you  at  thi^J 
time  as  extraordinary  as  to  what  was  to  be  done  1 
in  Edinburgh  ?— There  was  something  B^^d^l 
about  the  collectors.  ^  )] 

Did  that  paper  of  inatnictions  mention  any 
thing  with  respect  to  any  plan  or  sclwwe 

I 


.jiil^ 


1163 


$i  GEORGE  nr. 


ivbkh  struck  you  ?^ — Unless  it  was  those  col- 
lectors that  were  to  iittcDd,  and  to  know  their 
sen  li  merits — 

What  besides  tlial?— I  cannot  recollect 
just  now. 

Was  there  anv  thing  said  by  Fairley  you 
thought  it  your  cluty  to  check  him  in  ?— I  do 
cot  remember. 

Was  there  any  thing  about  violent  roea- 
»iirc8  about  lo  be  prottoscd  in  Edioburdi  ? — 
I  t}nnk  he  s^aid,  that  some  people  in  tldin- 
Diirgh,  would  probiibly  repent  of  their  con- 
[:'duct. 

^N  hat  people  ?  Was  it  the  Friends  of  the 
People  ? — No,  I  did  not  suppose  that 

NVho  did  you  suppose  tliera? — I  supposed 
,  it  was  their  upponcnts. 

He  left  you  some  printed  papers? — Yes. 
What  became  of  Ihosie  priuted  papers? — 1 
[gave,  to  the  best  of  my  knowledge,  a  copy  of 
a  letter  of  rcgidalions  and  rules  lo 
'  and  my  friends  burnt  the  res-t 

When  did  they  bum  the  rest  ?  was  it  before 
^  or  since  the  warrant  sent  for  you  to  Stirling? 
I  - — Yes,  in  cun^cijuence  of  that  warrant. 

Mf.  Jmtruthcr. — Now,  before  you  go,  only 
do  recollect  yourself,  and  tell  rae  whether 
I  there  was  no  conversation  between  you  and 
I  Fairley,  alter  the  company  went  away,  more 
k  than  w!ial  you  have  staled  ? — No,  I  do  not 
TccoUect ;  it  was  verj'  near  midnight,  and  I 
;  vent  to  bed  very  soon. 

Now,  1  only  ask  you»  do  you  swear  that  you 

pTecollect  no  more  of  tiie  conversation  with 

[  Jairlcy,  than  you  have  now  stated  ?--I  can 

very  s;ifely  do  it  4I  present;    several  things 

may  have  escaped  nie,  Uiat,  by  helping  my 

rccoUection,  I  might  answer 

Joseph  Gurnall  sworn. 

In  what  employment  are  you  ?— A  king's 
SQesscnger 

Pray  do  you  know  a  Thomas  Hardy  in 
I  London? — Yes,  my  lord. 

Were  you  ever  employed  in  searching  his 
t  house  ? — Yes,  in  consequence  of  a  warrant 
I  from  the  secretary  of  state,  jointly  with  Mr, 
rXftuzun,  I  was  to  search  his  house,  and  seize 
I  hh  papers. 

Now,  sir,  did  you  see  any  of  Hardy's  pa- 

ftns  ? — In  the  bureau  of  Haidy's  house,  I  saw 
lardy *s  papers.     1  found  that  letter  in  his 
llyurcau. 

Yben  ?— In  the  morning  of  the  15th   of 

Alexander  Mdchell  sworn. 

hard  Advocuic—^lt.  Mitchell,  where  do 
[you  commonly  hve? — In  Stirling. 
(     Were  yuu  'living  llierc  in  the   month  of 
L  April  lait  ?— Vcs,  I  was. 

Wa«v  there  any  Mjeicty  of  the  Friends  of  the 
T      '    "  .1  was  tt  member  of  it. 

'tary  of  it  ?— I  never  act- 
I  tu  vi  *' .  rly^  but  as  ie- 

Wii***  .'VT I  -  u  -ifc^ii  f— liilmariiocki 


Trial  o/David  D&mie  []  16 

Gawstone,    Newmills,  Darwell,  and  Strat- 
haven. 

Do  you  know  a  man  of  the  name  of  Tho- 
mas Hardy? — He  is  designed  a  shoemaker. 

Has  he  any  other  situation  ? — He  is  secre- 
tary' of  a  Corresponding  Society  in  London, 

Did  you,  or  your  society^  or  any  of  tliese 
societies,  receive  in  April  la^t,  or  in  the  course 
of  this  year,  any  letter  from  this  Mr.  Hardy  > 
— Yes,  a  letter  for  the  society  in  Stralhaven. 

What  was  the  purport  of  that  letter? — A 
principal  p.u-t  of  it  was,  announcing  a  proposal 
for  another  British  Convention, 

Would  you  know  the  letter  if  you  saw  it? 
is  that  like  the  letter  ? — Yes,  I  thtidc  it  bears 
every  resemblance  of  that  letter. 

Now,  sir,  did  your  societies  do  any  thing  in 
consecjuencc  of  lliat  letter  to  your  knowledge? 
— Yes,  there  was  a  meeting  of  the  United 
societies,  as  I  mentioned  betore,  at  DarweU^ 
on  the  receipt  of  that  letter. 

Wliai  did  you  do  ? — The  consideration  was, 
if  it  was  proper  to  send  a  delegate  to  that 
convention,  and  it  was  agreed  there  should 
be  one  sent. 

Did  thai  society  do  any  thing  else  inconse- 
quence of  that? — There  was  one  appointed  to 
be  veady  to  be  sent  against  the  time  it  should 
be  called. 

Did  they  write  so  to  Hardy,  and  give  him 
anv  information  of  it  ? — Ye^,  they  £^ 

Did  they  write  them  ?— Yes, 

Who  wrote  the  answer? — It  weni  in  my 
name. 

Did  you  write  it  ?— Yes. 

Look  at  that  letter,  and  see  if  you  wrote 
that  answer  lo  Hardy;  is  that  your  hand* 
writing  f — ^c^  I  recognise  it  lo  be  the  same 
from  all  I  can  judge* 

What  was  the  name  of  the  gentleman  yoit 
chose  to  be  delegate  of  the  society  that  was  to 
be  held  in  readiness ? — I  do  not  conceive  it, 
would  be  of  any  direct  use  to  the  Court,  or  I 
would  mention  it ;  it  might  be  a  cause  of 
trouble  to  the  gentleman. 

You  are  bound  to  mention  iL  What  was 
bis  name  ?— James  Wilson  of  Strathaven. 

Lord  Advocate. — ^This  letter  is  found  by 
Gurnall,  13th  May  last,  in  this  rentlemaa^s 
hand-wnting,  This  letter  is  of  tne  date  thai 
Mr«  Gurnall  speaks  to. 

[Heads.] 

"  Fellow  citizens ;— The  society  at  Stratha- 
ven received  your  circular  letter  bome  time 
ago,  respecting  another  British  Convenlioo  to 
be  held  in  England,  and  finding  it  would  be 
inconvenient  for  them  lo  send  a  delegate  for 
tiicniselves  alone,  the  cause  being  much  sup- 
pressed  here  by  prosecutions,  whi^h  we  aro 
Bubjected  to  from  the  petty  ahi     '  iir 

neighbourhood,  we  havr  united  on  ;  i h 

ihr  in  Ivilmai:      '     '  v. 

mil  rwalL    A'  115, 

of'  .     .u._  ,jj 

81;  ^U 


Jut  Higft  Treason, 

j;alr  was  elected  fur  the 
vutl  a  secret  comtJiiltee 
ed  U>  coiiduci  lUe  business*    You  will 
farward  your  orders  to  tis,  when, 
»j,i.  '  :  '  Jilion  is  to  meet,  with 

a ;  ur  informalioD  you  may 

^  ^  t  '^  hall  instruct  our  dele- 
M  I  r  -  ^  r  1 1 J 1 , 4  i  [  1 L  HI!  iber  and  strength  of 
:  KKiciu  >,  -iudarc  huj^^py  to  fraternize  with 
jnu  in  any  thifig  thai  ma;^  tend  to  promote  the 
pMnl  good. — VVe  remain  yours,  in  the  cause 
oTlilbertjr^  f<»r  th<!  United  Societies  a^s  above, 
"Alex.  Mitciull,  sec. 
,  9th  Aprils  llOiJ' 

i  per  post,  and  Addressed  thus^ 

,  T,  Hardy^  shoemaker,  No,  %  Piccadilly 
London." 

Walter  Miller  sworn. 

^  Adt>ocittt, — ^Vou  live  In  Perth,  do  not 

l}id  jrot]  erer  hear  or  know  of  a  man  ealkd 
fltoows  llttf dy  }—l    have    heard  of  such  a 

X\\A  *ji-iM  £>vfT  rrrf  iv^  nny  letters  fromhini  ? 

,  but  I   got  a  r.ir- 

ju  by  way  of  Edm- 

\  it  Uw»g  before  the  ehcriif  of  Perth  took 
7DI  up^  tod  asked  some  questions  ? — It  was 
BOC  lODg,  1  cznoot  say  the  time. 

l/xk  ai  that  lelier>— Yes. 

Loek  at  tt,  ami  see  if  it  is  the  same?— I 
Isn  J^  to  look  at  it  any  more,  when 

Be  s  'it  that,  and  sec  if  you 

€*€f  la  -Ycb,  1  saw  that  loo. 

I  David  Downic?^ — Yes, 
vou? — Ycsj  certainly  I 
'-'"d  in  mv possession 
ilk  oi  it, 
-      iij  Itller,  *'  we  pro- 
to  »enii  one  published  by  the  Courier, 
Ibe  plc2i*cd  to  send  us  a  parcel  with  your 

Wlttt  soft  of  address  was  it  ?— It  was  pam- 
fyetfl* 
Wbal  vt^  of  pamphlets  ?— Political  Pam^ 

WbAt  rnphlets  ?— I  do  not  know ; 

Wa9  ther^ 
jtKaaf-^ 


A.  D,  I79i* 


[II 


Iter,  a  small 

■I  I  J,  V.  ji,i  tliis  parcel? — 
IcUcr,  whether  it  came 

I  was  it  ? — It 
I-  caikd    the 
ere, 
t  of  that  let- 

,  I  :<  a 
tlii4t  Mi;k«  ;^  tiling  highly  pru(ier 


n  Hardy,  did 
ucc  of  it?— 


Wliatwere  those  steps?— Tlic  comtnitle 
considered  it, 

And  what  did  they  consider  ? — Why,  if  it" 
was  a  measure  resolved  upi*n  by  the  olhej* 
parties  of  the  kingdom ^  they  were  to  adhere 
to  it. 

What  do  they  mean  by  that?— The  purport 
of  it  was,  they  were  to  send  delegates  upon 
due  determination,  which  they  could  not  tell 
without  consideration  afterwards. 

They  were  to  send  delegates  to  this  conven- 
tion ? — Yes. 

Ix>ok  at  that  letter,  and  see  if  it  is  like  that  ? 
— I  could  not  say  really ;  there  was  a  copy  of 
that  letter  seiietl  iu  Perth ;  I  know  that  it  was 
directed  to  me. 

What  was  the  size  of  it  ? — I  do  not  recol- 
lect the  size, 

Mr.  CUrk, — Do  you  remember  the  tin 
when  Mr.  Watt  and  Mr.  Downie  were  seize 
and  imprisoned  ?— I  may  remember  that  ver 
well;  a  few  days  after  that  I  was  apprehend 
od  myself,  and  have  lain  in  ^aol  ever  §ince. 

Had  you  any  notice  from  Mr.  Walt,  orMc 
Downie  of  such  a  proposal  as  limt  ? — I ; 
very  certain  there  was  no  proposal  of  tha£ 
kind.  I  ^vas  a  member  of  all  the  committees 
at  that  tune  existing  in  Perth. 

And  ^*cru  never  heard  a  single  word  ahou 
arms, — ^3  or  4,000  ?— No  never  till  yesterday 
night,  when  I  saw  it  in  the  newspaper. 

Vou  said  ^'ou  were  a  member  of  the  society! 
— Yes,  certainly  so. 

Are  you  a  member  yet?— I  cannot  be  a 
member  while  I  am  in  prison. 

Did  not  you  cease  to  be  a  member  of  thatl 
committee  ?-*-Yes. 

Why  ?— For  some  diflTerencc  in  that  society,^ 

What  was  it  ?— 1  suppose^it  is  not  connectc ' 
with  this  cause. 

CViirf.— We  cannot  tell  till  we  hear  it,  i 
may  be  materia!  or  not. — If  the  iCourt  will  ob* 
lige  me,  I  will ;   but  I  wUl  not  enter  iutobu-* 
siness  abstract  from  the  cause  j   it  ib  not  con- 
nected with  the  cause. 

iri/rt«i.— My  lordsj,  if  you  have  no  more 
occasion  for  me  on  this  trial,  I  think  I  have  i 
right  10  my  liberty  now, 

Xj&rd  Advocate. — ^The  witness  is  taken  itp 
«nd  iraprisonedunder  a  warrant  for  trr  asonable^ 
practices,  by  an  act  of  last  sessions  of  pirlia* 
ment,  suspending  the  act  of  170 1.     UisnotJ 
in  the  powerofyouc  lordship  to  liberate  hiiu,. 
without  an  order  signed  by  6  at  icjist  of  the 
privy  council. 

U^fnew. — I  beg  leave  to  be  he^rd  a  few 
words — 1 1  is  in  my  knowledge  that  I  was 
tnkcn  up  in  a  most  illegal  manner,  by  a  war- 
rant from  the  sheriff:  I  have  been  detained 
here  three  months  under  extraordinary  cir- 
cumstances, and  have  received  the  worst  of, 
treatment;  last  night  wliea  I  went  hom  that 
bar,  I  meijlioned  tu  your  lordsliip  my  ajiptar 
iug  under  harticular  circumstance*,  tiiid  bcinj 
so  long  a  prisoner^  and  luvujg  met  with  Mici 
•cvere  treatment,  it  might  be  Uiouglit  I  w.i 
come  here  at  the  expence  of  ihl^  V4atV^\il< 


34^  GEORGE  III. 

>  save  my  own  self.    I  was  cletermined  to  re- 
tire eivrng  evidence,  aiid  staled  my  objection; 
ny  lord  advocate  fold  me  I  w;is  not  to  be 
brotiglit  to  trial,    I  know  I  am  enlHIed  to  niy 
'ibcrty* 
Lord  Praident — What  you  have  remjired 
ft"'     ^ '    ;rt  we  cannot  do ;   there  must  be  an 
I   to  the  privy  council,  and  upon 
itir.ii  ityyur-xmo,  his  majcsty*s  advocate  may 
fhc  heard  a£jauj&t  it.    Tim  court  can  do  nothing 
in  the  Ijubiness  one  way  or  another.    The  law 
is  open  to  you,  if  yoti  have  been  oppressed. 
'Xhis  is   not  the  way  it  can  be  dune;    the 
|Court  bas  nothing  \o  do  with  it  in  this  shape. 
WUtifts.-^l  asK  one  question ;  is  it  not  the 
ated  law  of  the  country,  that  when  a  person 
|js  once  admitted  a  witness,  he  is  free  from 
"hat  criminal  charge;   can  1  he  freed  from  all 
riminalily  ? 

Lord  President.  —  Apply  to  your  counsel 

Ifor  advice.     All  this  is  quite  irregular.    The 

I  Court  canuot  hold  any  more  conversation  with 

jfou  upon  that  subject. 

Lard  Advocate. — We  have  done  for  the  pro- 

faecution. 

Mr.   Cullen, — I  wish  to  trouble  the  lord 

_ldvocale  to  csplaiu  something  concerning  a 

■tTftUsaclion    tluit    passed   between   him   and 

IJr.  Watt;    1  wish  the  Jury  may  sec  what 

Uie  description  and  character  of  Mr.  Watt 

WHS. 

Mr  Amiruther^ — I  am  totally  at  a  los«  to 
understand    how  the  character  of  Mr,  Watt 
an  be  made  evidence  on  Mr.  Downie's  trial, 
pl»ut  still  I   have  not  the  smallest  objection 
^  >  your  cxamimng  the  lord  advocate. 

Mr.  CulUn. — I  wish  your  lordshin  to  give 
account  of  the  transLiclions  anu  commu* 
dcations  your  lordship  had  with  Mr.  W^att, 
eptrding  the  subject  of  intended  riots,  or 
NTith  regard  to  any  thin*  of  the  like  kind  ? 

Lord  Advocatt,—\n  October  1792,  Mr.  Sc- 
reiary  Dundas  was  in  the  country ;  at  that 
lime  tlicre  was  a  very  general  alarm,  it  was 
mmeftiatf  Iv  hf  fjrr  tlu  i.arliament  was  called ; 
^»d  !  ,  cl  out  upon  rumours 

&fnu  I  nous  disturbances  in 

cieui  piifis  oi  till?  country.  Mr.  Dundas 
'  ^cvrral  t'oiiverf.ationfl  with  me,  the  soli- 
M'  I k1  with  Mr.  Pringle,  the  shcrift*, 

\h  icfl  that  a  person  had  wrote  to 

'oi'ure,  stilting  to  him 
I   number  of  people 

rt;Ut:u  111  i-jjuiiii:  *       ,  1       ,^     ;- 

lificfoijs  conspiracy  \ 

ll)uudas,    thereJore,    .- 

labout  this  man,  to  see  u 

||i<^wa*«:  Mr.  Prin^lc,lh< 
juiry,  am!  I  rcmcijUier  si 

Jmbout  the  beginning  of  >.^ 

tbe  rouuiry,  Mr,  Tringic  tola  me  lie  had 
nndc  rnqn'Tv,  I  tif  Iil'vc  of  Mr*  H.ilfour  the 
y  of  our  inquiry  was 

i  '}  confulf'  ill  htm  *,o 

Lpu bj ecu    W  he  n  I  c;i 

lie  aamtUtucs  came  iq  m;  uou^c  m  Kjmi^^'^ 


Trial  qf  David  Dcfmnie  [  190 

square,  and  mentioned  some  things  that  were 
^in^  on,  and  gave  me  the  names  of  certain 
mdjviduals.  He  likewise  went  to  the  North 
of  Scotland,  and  wrote  from  Dundee  and 
Forfar,  stating  the  situaliou  of  that  part  of  the 
counlr>%  When  I  saw  him  he  ^ve  me  some 
accouuts,  which  he  said  he  hacTreceived  dur- 
ing his  journey,  particularly  some  he  had 
received  fn  Fifeshire,  or  Forlar,  about  a  parly 
of  soldiers  from  Chatham,  whom  he  repre- 
sented as  having  been  seduced  from  Incir 
duty*  lliis  appeared  to  me  material.  He 
said  those  soluiers  were  at  Perth,  and  after 
!>ome  correspondence,  they  were  found  there ; 
lort!  Adam  Gordon  ordered  them  to  come  to 
Ediuburgh ;  when  I  was  informed  they  were 
arrived,  1  went  down  to  the  Abbey,  and  cjca- 
mined  them  all  separately,  in  lord  Adaih's 
presence;  and  his  lordship's  opinion, and  mine 
was,  that  the  information  given  by  Walt  re- 
specting them  was  not  founded.  The  soldiers^ 
at  lea**t,  denied  every  thing  which  had  been 
imputed  to  them,  by  the  persons  from  whom 
Watt  said  he  had  received  the  information, 
and  it  rcslcd  on  the  credit  to  be  given  to  the 
opposite  accotmts.  There  the  matter  dropped^ 
and  I  gave  it  no  more  at  tent  ion*  He  Came 
altcrvviirds  occasionally  during  the  winter,  and 
communiciUt'd  lomc  several  particulars  of  the 
procccdiugftuf  those  clubs  and  societies,  which 
were  tlien  meeting  in  Edinburgh ;  somcoflliese 
persons  were  then  tried  betore  the  court  of 
juslinary. 

Jt  appeared  to  me,  that  the  persons  I  had 
heard  of  that  composed  tbose  clubs  were,  vk 
number  of  them,  m  a  very  low  situation  in 
life ;  and  there  was  clearly  more  money  going 
amongst  them  than  could,  as  it  appeared  Iq 
me,  spring  frum  their  own  labour ;  I  suspected 
it  might  tome  from  London,  or  perhaps  frcflo 
France,  and  1  de&ired  him  to  inquire  parllcu** 
larly  into  that  circumstance.  Some  time  after 
this,  he  wrote  to  me  in  Loii<l' i'  »K.t  q^o  or 
two  pcrnons  knew  somethiij  which 

they  otTcrcd  to  divulge,  provu :  .  ,  ^tt)could 
give  them  a  large  sum  of  money  about  a  thou- 
sand pounds,  or  some  such  large  bumofmoo^v. 
I  wrote  him  in  reply,  that  I  could  not  comply 
with  such  a  proposition,  but  1  afterwards  paid 
him  30/.,  as  he  said  he  had  accepted  a  bill  m 
iavour  of  one  of  those  men  for  that  sum*  t 
wfi  V   clerk  to  pay  tt,  and  it  wa$  paid 

at  In  the  month  of  May,  or  In  the 

cuur  e  <ii  MIC  summer,  he  wiotc  to  me  in  re- 
gard to  some  provision  for  himself,  which  did 
not  succeed ;  and  so  far  as  I  can  charge  tny 
own  memory  with  il,  I  never  saw  or  ucikrd 

frnin   l.Mii   sliui*  Ink     M<\'A        ~\{\\u   fi.lili^cf   fyf 

■Jier 
^     ,  jni 

liim  when  1  wtw  at  tin  ^e, 

last  September,  it  wo\i  I  to 

me  thai  I  did «  I  was  tticie  Uit^  Ultt^r  end  of 
Sfpfrinhfr:    I   hiire  t'ndi'Mvmffrd  to   recollect 

niol  recollect 

;   but  I  tua 

ccUiUu  iiucu  Utlwl/t:r  UhL  i  ncvtjr  saw  or 


\at]  for  High  Trtmoiu 

L  of  him*    The  next  time  I  heard  of  him 

n  !Kr  meeliTT:  of  the  StLret  committie  of 

^        1 1  urns,  when  Mr.  Secretary 

-i«<i  to  ua  ihc  discoveries 

I  had  heard  heforc 

rsioa  of  the  Britisii 

I  Watt  had  appeared, 

Bui  it  never  en- 

uj  was  Uie  man.    1 

cqufitlence  in  hini» 

him  with  any  thing. 

ruck  when  I  heard 

-  wa.'i  the  man  who 

I  given  Mr.  Dundasaud  roe 


M*  ntJemcn    of  ihe  Jury;— 

kTbc  l]  tat  I  had  been  suggested 

Mr^  L>;iiuiit:.  and  appointed  by  the  Court 

be  ocie  of  his  counsel,  I  felt  myself  under 

bt  tu '  J  lid*  so  unavoidable  when 

.*i.  *k^  V  fence  of  a  pri- 

I  li  been  always 

,.-.^.,.  v...«*  ;ur  a  number  of 

ive  as  far  as  in  my  power,  de- 

^  iht'  rniT^lovment. 

lArly  distressed 
I  useil  was  atrial 
^_itlt«*  Liw  ui  auoUicr  cuunlry,  with  which  I 
Bjielf,  havr  little  or  no  acquaintance.  It  was  a 

■^    1  I»l  or  ''^8  ^  ****^  '*'^*   ^"*  *"^" 

J  tc  .  -  o?  the  law  of  England, 

wbkL  I  am,  if  possible^  still  less  ac- 

iTC  pa         '  I  \  did  I  feelthesedi/riculties 
ufTji  \  whcx)  I  understood  that 

fi^"^:  '         :iashed  as  they 

!rUi'  Hies,  had  found 

-^*  ""'thercoua- 

ition  and 

__  ... ^ — ..,  „.    .Jerlogive 

»lAi»taJice  \u  the  conducUng  of  thei^e 

ciili<*in,      1  wbh  ll\at  the   situation  of 

Le  persons  whohavebecn  now 

I,  hul  brrn  cuch,  as  to  enable 

c  si- 

upoa 

f  lilUiir  Aide.     Uul    uiih;ijk|>slv,  liidi  vwi!*  far 

I  ihetr  rc:ich,  and   they  wrrri  obliged  to 

luen  whom 

ouMsel. 

«-!»■•  h  which  t 

L  aiyael  I  upon  my 

'  it'a  lo  shrink 

Ikw:  i   have  ii»' 

m  i '   I"  >  I  \ 

rta  axi 


ipkiaed 


'it  xiot  re* 

,i1<'r  lu   an 


-.d  it 
liour- 

"4^115;  iiiu^i^i^^^  4^i  aij  lU'ukj^'igiul  duty,  la 


A,  D.  nD4.  [122 

give  that  aid  to  persons  un'  ircura* 

stances;  and  it  was  from  tli'  rations 

that  I  yielded  to  ihe  solicitaliun^ot  Uie  prison- 
er at  tbe  bar,  and  agreed  to  assist  him  to  lliu 
best  of  my  power. 

If  any  ihmg  could  have  added  to  the  anx- 
iety of  my  ramd,  it  was  what  t  came  to  learn 
of  the  character  and  situation  of  this  poor 
man,  whom  1  never  had  seen,  nor  knew  any 
thing  about,  before  1  was  appointed  one  of  his 
counsuL  A  man,  advanced  in  years,  in  the 
decline  of  life,  with  old  age  coming  fast  upon 
him.  A  man,  in  a  creditable  situation,  and 
who  for  many  years  has  been  a  member  of  one 
of  the  most  respectable  incorporations  of  this 
city,  with  a  character  perfectly  unblemished 
and  unun peached.  Add  to  all  this,  his  hav- 
ing a  wife  and  lamdy  of  children;  and  I 
could  not  help  ihinkiug  strange,  nay  incredi- 
ble, that  a  person  of  such  a  description,  at  a 
|>criod  of  life  when  innovations  ajid  commo- 
tions wi:re  surely  no  object  to  him,  could  be 
guilty  of  high  treason,  and  enter  into  schemes 
for  the  overthrow  of  th  ;^  -  iment  under 

tijc  protection  of  whi<  ;   his  fasmly 

were  enjoyinfr  peace  aiw      -....^y. 

The  more  Uiat  thei?e  ihmgs  have  made  me 
believe  him  guiltless  of  any  such  wUd  and 
criminal  designs,  the  greater  has  my  desire 
become,  to  do  justice  to  his  defence;  and,  un- 
der all  this  anxiety,  I  much  fear,  my  inability 
to  discharge  my  duty  properly.  I  will,  how- 
ever, endeavour  to  do  my  utmost  i  and  as^  know 
the  justice  and  candour  of  the  Court  before 
which  i  have  the  lionour  to  plead,  so  I  know 
also  the  integrity,  the  attention,  and  the  hu- 
manity of  the  jury  whom  I  address,  and  that 
ihey  will  not  only  pardon,  but  amply  si^pply 
any  defects  of  mine. 

Gentlemen,  what  is  now  brought  before 
vou  is  a  charge  against  the  prisoner  at  the 
bar  for  Uie  crime  of  hieh  treason,  and  you  all 
know  that  it  is  by  the  Taw  of  England  he  \b 
to  be  tried.  At  the  time  of  the  treaty  of 
Union,  as  was  very  properly  staled  tliis  mor- 
ning by  fhc  lord  advocate,  it  wan  judged  ex- 
pedient, and  it  certainly  was  so,  that  with  re&t 
peel  to  a  crime  of  this  nature,  the  law  of  the 
two  countries  should  be  put  upon  tlie  same 
fuoting ;  and,  accordingly,  it  was  agreed  and 
determmed,  tbat  the  law  of  England  should^ 
as  to  treason,  be  made  th#  law  of  Scotland. 
In  consetjuence  of  this,  soon  alter  tbe  period 
of  the  Union,  an  act  of  parliament  w;is  passed 
in  the  7th  of  queen  Anne,  by  whicli  it  was 
pp.viHi  r7  tL  tr  Ti.  linii^  <  iiiTiing,  such  crimes 
aii  trcahon  or  mis- 

,,<  I  in  England,  shall 

irned,  adjudi;cd  tiud  taken  to  be  high  • 
1  .md  misprisiun  of  high  treason  witlim 
Scutjand.  \n  short,  the  law  of  treason  in 
Engluud  was  made  Ulc  law  which  lit  that  par* 
ticuTac  wa»  tfi  govcru  ikotiand  ia  time  to 
conte> 

r  , '        \  '  ilemcn,  i\         " 

a  iidcnce  iij 

ob  J  >  V  1  i  *yuii  Luc  dalUTQ  til  \Xyif>,  iiV 


v 


a  UuiiiW^J 


183J         34  GEORGE  III. 

Df  treason  in  England,  because,  as  I  have  a!* 
sady  said,  the  taw  of  England  is  what  I  am 
ery  little  acquainted  witn.  I  have  endca- 
ured,  however,  since  I  had  the  honour  of 
ibeing  appointed  counsel  in  this  case,  to  con- 
itder  ana  peruse,  with  all  the  alien tion  in  my 
K>wer,  the  books  of  the  law  of  England  with 
egard  to  treason ;  and  although  1  shall  not 
trouble  you  wilh  long  quotations,  nor  with 
reading  many  ptissagcs  from  diflerent  books,  I 
shall  t;ikc  the  liberty  of  stating  some  remarks 
wilh  respect  to  what  I  conceive  to  l)c  the  law 
of  treason,  as  Air  as  it  can  affect  the  case  now 
under  consideration. 

Gentlemen,  the  great  law  wilh  regard  lo 
bigb  treason  in  England,  is  the  well-known 
statute  of  the  '25th  of  Edward  3rd;  and  that 
act  of  parliament  w*as  passed  tor  the  very  pur- 
pose of  defining  and  rendering  the  nature  of 
the  crime  of  treason  precise  and  certain.  It 
is  mentioned  by  all  the  different  writers  upon 
the  law  of  Ei^glandt  that,  anterior  lo  the  pe- 
riod of  Edward  3rd,  the  law  respecting  treason 
had  been  so  tmscltled,  and  undefined,  tliat 
trequcntlv  crimes  of  a  much  lesser  degree  of 
guilt,  hatS,  notwithstanding,  been  accounted 
treason.  In  order  to  prevent  this,  the  statute  of 
Edwartl  3rd  was  passed,  proceeding  upon  a  pe- 
tition from  the  Lords  and  Commons,  the  mode 
in  which  acts  of  parliament  nin  at  that  period; 
and  llie  act  itself  declares  what  offences  shall 
in  time  coming  be  adjudged  treason. 

There  are  only  Iwo  branches  of  this  statute, 
which  it  is  in  any  degree  material  for  me  to 
bring  particularly  imder  your  view,  Tlie  first 
thing  that  it  declares  to  be  high  treason  is, 
the  compassing  or  imaginin*  the  death  of  the 
king.  The  statute  itself,  like  the  others  of 
that  period,  was  wTilten  in  the  French  lan- 
guage, and  the  words  arc  **  compaser,  ou 
ymagincf  la  mort  nostre  seigneur  le  roy/' 
It  is  perhaps  singular,  as  has  been  well  Vc- 
marked  by  an  ingenious  writer,  that  the  life 
of  every  British  subjert  prosecuted  by  the 
crown  for  treason  should  continue  to  depend 
upon  tlie  critical  construction  of  two  obsolete 
French  uonls. 

Another  species  of  treason  declared  in  this 
act  is>  the  levying  war  agamst  the  king ;  and 
the  sUitute  provides,  that  when  a  man  doth 
compnss  or  imagine  the  death  of  the  king,  or 
fioth  levy  war  against  the  king,  and  thereof 
ht  proveablementt  tlmt  is  upon  sufficient  proof 
attainted  of  open  deed,  he  shall  be  adjudged 
guilty  of  treason.  These  are  the  only  two 
sjtedes  ol  treason  to  which  I  fmd  it  at  all  ne- 
cesagry  to  call  your  attention «  Indeed  the 
♦  h. ..,  ;,  xhi\  upon  which  the  present 

>    n1i*crre,  that  the  very  dc- 

I  is  statute  was,  to  prevent 

.  :r>  to  what  was  trea- 

i^  in  time  coming 

was  to  be  adjudged 

Ji  the  statute  had  ac- 

fined  to  be  such*    A  nd 

::  :    Lj.(;ccdlxigly   £rt»m  those  who 


Trial  of  David  Dawnie 


[124 


think  that  it  was  meant  to  leave  lo  judi- 
cial power,  lo  enlarge  by  constniction,  what 
should  be  held  treason  j  for  1  take  it,  that  this 
is  directly  opposite  to  what  the  statute  had  in 
view.  It  explicitly  declares  and  specifies 
what  should  be  held  high  treason,  and  that 
nothing  else  should  be  considerea  as  such, 
and  it  very  anxiously  and  specially  provides, 
that  if  any  other  case,  supposed  treason, 
which  is  not  specified  in  the  act,  shall  happen 
to  occur,  the  judees  shall  not  hold  it  to  be 
treason,  till  the  kmgand  his  parhamtnt  shall 
declare  whether  it  ought  to  be  judged  treason 
or  other  felony.  Thus  careful  wab  the  legis- 
lature to  render  the  law  of  treason  fijied  and 
certain,  and  to  provide  that  it  should  only  be 
in  the  power  of  parliament  itself,  to  extend 
the  law,  and  bring  under  that  description,  any 
other  offence,  which  this  act  had  cot  declared 
to  be  such. 

In  the  weak  and  unfortunate  reigtt  of  his 
successor,  lUchard  2nd,  many  different  acts  of 
parliament  were  passed,  declaring  a  variety  of 
offences  to  be  treason,  which  were  not  such 
by  the  statute  of  Edward  3rd  ;  but  all  these 
were  repealed  and  taken  away  in  the  bcgi 
ningof  the  reign  of  Henry  "ith,  by  an 
which  set  forth,  that  no  man  knew  how 
behave  himself,  to  do,  speak,  or  say,  for  dotdil 
of  such  pains  of  treason:  and  therefore  de- 
clared, that  in  time  cominr,  nothing  should 
be  he!d  treason,  otherways  tlian  was  ordained, 
by  the  statute  of  Edw*ird  3rd.  Notwitljstand- 
in^  this,  it  so  happened,  that  in  succeeding 
arbitrary  and  tyrannical  reigns,  and  particu- 
larly in  that  of  Henry  8th  a  great  variety  of 
offences  were  most  improperly  declared  to  " 
treason,  although  they  could  not,  with  I 
least  shadow  of  reason,  come  under  that  de- 
nomination. But  all  these  were  soon  aftci 
completely  abrogated  by  the  statute  of  th< 
lit  of  queen  Mary,  which  again  brought  bad 
the  law  of  treason  to  the  footing  upon  which 
it  stood  by  the  35th  of  Edward  3rd. 

I  mention  these  things,  gentlemen,  in  order 
to  show  you,  that  the  great  object  of  the 
legislature'  has  always  been,  to  leave  as  htU^ 
as  possible  to  interpretation  and  constructioi 
ana  to  keep  as  defined  and  as  clear  as  niighl 
be,  what  should  be  held  high  treason ;  so  thai 
the  subject  might  have  a  certain  rule  whcrchj|^ 
to  square  his  actions,  and  to  protect  him  iwm' 
arbitrary  prosecutions  for  treason,  when  in 
fact  no  such  crime  had  been  rommitlcd. 

Posterior  to  the  act  of  queen  Mary,  which 
I  have  just  now  mentioned,  *>ome  new 
K»ns  were  created  by  statute,  but  they  hav| 
been  chiefly  of  a  lcmiK)rary  nature.     Ther 
were  some  in  the  rcigti  ol  Elizabeth,  and 

ill  tlif  rri'Ti   ttj' Cliiirlr^    V'lul    liHJ  \\it'\     v\\\Uv 


CUM  I  M  iti  the   \i\ui 

iriou  nd  I  hope  find 

trust  will  ii>n^  "vcr  Ihesi 

kmgdomii.    Ti  1  noi 

lude,  however,  du  uul  iu  the    least 


CSC 


Jhr  High  Treasojh 

loQcU  vSKOk  Uie  present  question ;  so  th^l,  in 
iImiI,  the  shj^]i'  and  onJy  statute  which  is  to 
icrenrtiri  ti^  nnd  explaining  what 

ia  lo  te  hi:i  L:ison,  is  that  of  the  25th 

Tlierc  U  a  ftCatule,  Indeed,  of  great  conse- 
ouciKc.  wh'  '  d  some  ye^s  after 

tMluspy  J  1G&8,  I  mean  the 

■ctof  Uw  r  Lii  ui  ^.v  iiuaiu  3rdr  for  regulating 
oi  Irtalfl  to  cases  of  treason. 

0eaide$  other  salutary  regulations  which 
Ite  ilalulc  iutrtxluced^  it  provided,  that  no 
feaoa  shodd  be  indicted,  tried,  or  attainted 
cf  tmaoOy  but  upon  the  oaths  of  two  lawful 
Wflaesses*  either  both  to  the  same  overt  act^ 
«r  ooe  of  then]  to  one,  and  another  to  another 
ctof  the  same  treason*  It  farther  pro- 
d,  Ihil  if  two  ur  more  distinct  treasons  of 
Hi  kinds  should  be  charged^  one  wit* 
aeift  lo  prore  one  of  them^  and  another  wit- 
wmmva  prov«  another  of  the  said  treasons, 
ibould  r  *  *"  'eld  two  witnesses  to  the  same 
txami  Ue  meannig  of  the  act    And 

A  dlkti  iMi  .  II  if  the  act  was,  that  no  evi- 
teee  «radl  I  :  '  r  i  :  tied  or  civen  of  any  overt 
act,  Ih^  wa^  uuX  i..\prcs6ly  laid  in  the  indict* 
metiL  These  are  some  of  the  important  re- 
pililion^  eatablished  by  this  excellent  statute; 
aod  them  will  be  occasion  for  you  to  give 
•Qoe  attention  to  them  tn  considering  the  evi- 
doKe  wiiich  has  been  adduced  against  the 
frmoftt  at  the  bar 

Bjfiiig  ihns  endeavoured  lo  give  vou  a 
ticw  df  the  statute  law  upon  this  subject,  I 
;  o&w  otxsene  to  you,  gentlemen,  that  the 
iodklmciit  cliargca  the  iirisoner  with 
Cbe  fint  ipecies  of  treason,  which  h  that  of 
CMfittioe  or  imagining  the  death  of  the 
Idi^  too  it  will  be  with  you  to  consider, 
vlNuer  the  overt  acts  that  are  laid,  amount 
UfkA  cnmt. 
If  ii  oat  indeed  pretended  by  the  prose - 
tii'it  lit  tAii  L'-slihliHli  agaui&t  the  pri* 
or  imagining  Uie 
4aih  M  ile  to  the  terras  of 

fbc  stAtAitc;  but  ywu  aic  told,  that  there  is 
hmmn  in  law,  wliat  is  called  constructive 
iM&iooi,  or,  in  other  words,  a  treason  not  to 
ie  jboad  m  fUe  l**U«*r  of  the  law,  but  raised 

'Ation.    Thus, 

IS  one  of  the 

Ml    III*    M  itstte  of  Edward 

conspiracy  to  levy  war, 

.11.     ".vied,   is  not;    and, 

conspiracy,  it  has 

i  not  falling  under 

the  first  branch  of 

A  or  imagining  the 

res  of  constructive 

iargcd  against 

L  to  construc- 

t  beg  leave  to 

it  i*  of  a  dan- 

.1  to 

ieast 

i.iivviiLiJjU.i.ilt'li,      As 


I  said  before,  I  shall  not  trouble  rou  with 
nuoting  many  itulliorilies,  but  I  must  take 
the  liberty  of  here  laying  before  you  a  single 
passage  from  a  most  respectable  author —  I 
mean  sir  Matthew  Hale,  lord  chief  justice  of 
England,  a  man  not  less  eminently  distin- 
guished for  his  high  integrity,  than  for  his 
great  abihty  and  knowledge  ot  the  law;  and 
m  his  history  of  his  pleas  of  the  Crown,  in 
speaking  of  constructive  treason,  he  uses  the 
following  words,  which  I  shall  beg  leave  to 
read  to  you. 

After  mentioning  tlie  great  mischiefs  that 
were  brought  in  bv  constructive  treason,  he 
says ; — "  Now  although  the  crime  of  hjffh 
treason,  is  the  greatest  cnmc  against  faith, 
duty,  and  human  society,  and  brings  with  it 
the  greatest  and  most  fatal  dangers  to  the 
govcrnrneut,  peace,  and  happiness  of  a  king- 
aoraj  or  state,  and  tlierefore  is  deservedly 
branded  with  the  highest  ignominy,  and  sub- 
jected to  the  greatest  penalties  that  the  law 
can  indict ;  yet  by  these  instances,  and  more 
of  ttiis  kind  that  uii^hl  be  given,  it  appears^ 
ist,  llow  necessary  it  was,  Oiat  there  snould 
be  some  fixed  ancf  settled  boundary  for  this 
great  crime  of  treason,  and  of  what  grreat  ini- 
portancc  the  statute  of  2ith  litl  ward  3rd  wan^ 
in  order  to  that  end.  2nd,  How  dangerous  it 
is  to  depart  from  the  letter  of  that  statute, 
and  to  multiply  and  enhance  crimes  into, 
treason  by  amoiguous  and  general  words,  as> 
accroeching  of  royal  power,  subverting  of 
fundamental  lawSj  and  the  like;  and,  3rd^ 
How  dangerous  it  is,  by  construction  and 
analogy  to  make  treasons,  where  the  letter  of 
the  law  has  not  done  it;  for  such  a  method 
admits  of  no  limits  or  bounds,  but  runs  as  far 
as  the  wit  and  invention  of  accusers,  and  the 
odiousncss  and  detestation  of  persons  accused^ 
will  carry  men.'* 

These  arc  the  sound  and  wholesome  admo- 
nitionsof  this  great  lawyer  and  judge,  who,  as 
you  see,  gentlemen,  from  tlic  passage  I  have 
now  read  to  you,  points  out,  in  strong  and 
forcible  terms,  the  unminent  mischiels  and 
dangers,  necessarily  resulting  from  the  loo 
reatOly  giving  way  to  treasons  by  coo* 
struction. 

But,  gentlemen,"  while  I  give  you  this  cau- 
tion, in  the  words  of  the  venerable  judgo 
whom  I  have  quoted,  I  am  not  upon  th 
account  to  say  to  you  that  in  the  law  of  En 
land  there  is  no  such  thing  as  constructive 
treason.  I  do  not  pretend  to  impose  upoa 
you  so  idle  a  doctrine  ;  for  I  mean  lo  be  can- 
did, and,  as  far  as  my  knowledge  will  enable 
me,  1  wish  to  state  lo  you  fairly,  what  I  con- 
ceive  to  be  the  true  principles  of  the  law. 
There  undoubledly  has  been  admitted  and 
sanctioned  by  law,  what  is  termed  construc- 
tive treason ;  and  accordingly,  a  conspiracy  to 
levy  war  against  tlic  king,  although  such  war 
not  being  actually  levied,  could  not  cocne 
under  that  article  of  the  statutti  of  lex^ying 
war,  has,  by  a  certain  construction  and  inter- 
pretation, been  hold  to  come  under  tjie  &st 


3^ 

^ngj^l 
:ti¥e™^ 


31  GEORGE  III. 

'"branch  of  the  act  of  cooipassing  and  imagin- 
ing the  <)calh  of  ihc  king. 
I      Hii»,    gentlfmen,  as  I  have    already    re- 
I  marked,  is  that  species  of  constructive  Irca- 
I  BQO^  of  which  the  prisoner  is  here  accused. 
He  is  not  charged  with  any  direct  aticmpt  to 
I  imaeine  or  bring  about  30  horrid  a  purpose ; 
but  ne  is  chargen  with  what,  it  is  $aia  is  to  be 
r  construed  a  compassing  or  imagining  of  the 
I  king's  death.     It  rests  upon  this,  that  there  is 
saia  to  have  been  here  a  conspiracy  to  levy 
war,   against  the    king.    If  war  had    been 
actually  levied  it  miglit  perhaps  have  araounl- 
ed  to  direct  treason,  under  the  second  branch 
;  of  the  statute  of  Edward  3rd;  but  it  being 
only  charged  as  a  conspiracy,  or,  in  other 
Iword^,  a  mere  design  and  inteniion  never 
I  carried  into  effect,  so  the  aim  of  this  prosecu* 
ftion  is  to  lead  you  to  believe,  that  it  is  by 
f  construction,  that  species  of  the  crime  which 
lb  described  to  be  the  compassing  and  imagm« 
jiiig  the  death  of  the  king, 
f     Upon  this   construction,  a  conspiracy  to 
jlcvy  war  against  the  king^  i*?  supposed  and 
understood    to    be    immediately  tending  to 
the  compassing  or  imagining  his  drath,'  bc- 
I  cause  it  is  a  conspiracy  to  do  that,  which  may 
I  necessarily   and    unavoidably    involve    the 
kiftfety  of  the  kinj^'s  person,  or'even  his  sacred 
[life.    Now,  I  admit  that  a  conspiracy  to  levy 
Iwar,  taken  in  the  sense  in  whicn  I  have  now 
Pitat^  It.  may  be  held  a  compassing  or  ima- 
gining the  death  of  the  king,  so  as  to  bring  it 
I  to  be  treason  under  the  first  branch  of  the 
Irtatnte.    But,  gentlemen,  I  do  beg  leave  to 
laay,  and  I  do  not,  in  my  humble  conception, 
hhink  that  I  speak  it  without  authority,  that 
I  there  is  here  a  very  great  and  important  dis- 
Itinction  to  be  made,  highly  meriting  your  con- 
lideration. 

If  the  conspiracy  to  levy  war  be  in  itself  of 
I  such  a  nature,  thai  the  object  of  it  is,  direclly 
land  immediately,  towards  the  person  of  the 
|lcing,  then  I  will  readily  admit,  that  agreeable 
"">  the  received  constniclion  of  •*'  '^'",  itis 
I  be  held  a  compassing  or  ;  the 

cath  of  the  king,  and  may  . .  .^  -ic  be 
lllrought  under  the  ftrst  branch  of  the  statute 
^Of  treasons;  but  wliilc  I  admit  this,  I  must  at 
the  same  time  lake  the  liberty  of  saying,  that, 
wHh  regard  to  conspiracies  to  levy  war,  there 
is  a  necessity  for  distingiiishing,  and  for  view- 
ing the  king  in  two  different  characters  and 
capacities. 

In  the  first  place,  the  king  is  to  be  con  si- 
dered,        :  V     -      '  :  "     '     ^     • 

hisg. 

'  ivcd. 

^  I  of 

di- 


Trial  of  David  Dotvnie 


[196 


as  compassing  and  imagining  the  death  of  the 
kiuK,  undc:r  the  tirst  branch  of  the  statute  of 
25th  of  Edward  3rd, 

Bul^  in  the  second  plarc,  gentlemen,  there 
is  another  and  a  very  different  character  ill 
which  the  king  is  to  be  considered,  and 
which  arises  from  his  being  that  part  ot 
branch  of  that  constitution,  to  which  the  ex» 
ecutive  power  of  the  state  is  entrusted.  This 
has  been  justly  termed  the  royal  capacity,  or  the 
majesty  of  the  crown,  as  contradistinguished 
from  the  royal  person  of  the  king.  It  is,  in  short, 
the  authority  of  the  king  in  rx'^'^"""-  ?lm 
Jaws,  and  it  runs  through,  and  pt  1  ry 

branch,  and  every  gr*xdatiou  of  th _...;ve 

government,  froni  the  very  highest,  to  the 
lowest  and  most  inconsidcrriblc-  In  this  view, 
even  actual  resistance  to  the  royal  autliority, 
and,  sldl  more,  the  intention  or  dc5i;rn  to 
resist  it,  is  considered  in  a  very  di ^  1  I  it^ 

and  as  an  offence  of  an  infinitely  c, 

than  where  it  is  more  directly  a  conipuacy  to 
levy  war  against  the  king,  immediately  id 
affect  his  royal  person. 

There  is  no  occasion  for  our  here  entcrifltf 
into  any  discussion  respecting  th-  ^  ^  oT 
criminaUty  that  may  altacii  to  ;l  st- 

ance in  different  cirf^-^*'"^^^  '  .« 

rity^j  but  what  1 1  13 

whii'h  T  riTiiP'it  \    ,..  „_L...  '  li 

in  re  war  act  I  ji< 

be  ;  -I  a  mere  1  jii- 

sptnxcy  to  icvy  sucli  war,  does  not  involve  ihc 
«  rime  of  cuTnr;is>ing  or  imagining  the  death' 
of  the  1  H  the  commotion  or  insur- 

rection id,    be    snrh  as  is  aime^ 

against  ^    and    not 

merely  .al  cupacilj- 

If  t'  'id,  or  war 

act  slaUUc  of 

Edw.ini    ..lu  11.    but    if  It  hif 

merely  a  coii  m  insurrection, 

or  a  purpose  v»  ^Mt  ijnuw  ^u  levy  war,  in  order 
to  resist  some  branch  of  the  executive  aii^ 
thority  of  the  state,  or  some  o(Ut*r  nf  tKe' 
crown,  I  will  be  bold  to  say,  that  1- 

spirarv-  a  1  ri  mere  intention  to  It  \^  .    ^as 

not  1  or  understood  to  constitute  the 

crin  i  treason. 

Nuw,  gentlemen,  that  I  may  not  be  $up> 
posed  to  lay  down  this  doctrine  without  au-^ 
thority^  I  must  be  pardoned  for  bringing  under 
your  view,  what  is  stated  by  two  vciy  disLio- 
guiiti  '  '  /ment  lawyers^  who  have 
trt:  cl. 


Ih:- 
mti 
ag,'i 


y  Mr.  Ju-i 

;v_it   Pvfr\ 


W 

d 

10 
er. 


levy  wax,  may  be  justly  dv 


txea^u. 


ity  to  It'  ^  these 

not    tn  Ml    the 

ft  act 

ug  th^ 

king  &  dg^lh,  because  thc»c;  purpuM^s  cannot 


jll,^^^^ 


199] 


Jitr  High  Trmmn. 


A.  D.  179*. 


[li 


Uc  crflfccteil  by  mimbets  and  open  force  with* 
out  manifest  danger  to  his  person. 

Alter  staling  this,  he  in  the  next  section 
proceeds  and  says,    "  Ifisurreclions  in  order 
to  throw  down  all  inclosnres»  lo  ulter  the  es- 
tablished law,  or  change  rehgioa  *  to  enhance 
the  price  of  all  labour ;  or  lo  open  all  prisons ; 
all  nstnj^s  in  order  to  effect  these  innova- 
tions, Ota  public  and  general  concern,  by  nn 
anned  force,  are,  in  cons^t ruction  of  \%^'^  hi^h 
j       twason  wiJhin  the  clause  of   Icvyinj:;   war. 
For,  though  they  are  not  levelled  \\X  the  per- 
son of  the  kinir,  they  are  against  his  royal 
niitiesty.    And  beside?,  Ihcy  haveadirect  ten- 
dejjty  to  dissolve  all  the  bonds  of  society,  and 
to  dealroy  ah  property,  and  all  government 
loo,  by  numbers  and  an  armed  force.     Imur- 
rcctions,    likewise,    for    redressing    national 
grievances,  or  for  the  expulsion  of  foreigners 
I       in  general,  or  indeed  of  any  single  nation 
I       living  hete  under  the  protection  of  the  king, 
(       or  for  the  reformation  of  real  or  imajrinar}' 
I       eviJs  of  a  public  nature,  and  in  which  the  in- 
I       surgents  have  no  special  interest^- risings  to 
j       effect  these  ends,  by  force  and  numbers,  are, 
I       by  construction  of  law,  wifljin  the  clauhc  of 
levying  war.     For  they  are  levelled  at  the 
king*s  crown  and  royal  dignity/' 

Tlien  he  goes  on,  in  the  next  section  of  his 

treatise,  lo  mention  a  rising  in  tiie  iOth  of 

Charles  tst,  which  was  in  order  lo  surprise 

^       and  seize  arelibishop  Liud ;  and  afier  explain- 

ins  the  circumstances  of  that  case,  he  m  tJie 

I       following  section  says;    *'  Dut  a  bare  conspi- 

L  ^1^  **>r  ctfeciing  a  rising  for  the  purposes 

L^^tfutioued    in  the    two   preceding    sections 

^^BeS  in  the  next,  is  not  an  overt  act  of  com- 

^^Pl^siug  the  king*s  death;  nor  will  it  come 

^tnider  any  species  of  treason  within  the  ^5th 

Edward  ard,  unless   the   rising  be   effected. 

I       Aod^  in  that  case,  the  conspirators,  as  well  as 

the  actors,  will  all  be  equally  puihy.     For,  in 

high  treason  of  all  kinds,  all  the  participts 

\       cnminii  are  principals/' 

l|  **  It  must  be  atiuiittcd  that  conspiracies  for 

these  purposes  have  been  adjudged  ireason. 

But  thoj^c judgments  were  fonndeJ  on  the  tem- 

p^mLry  act  of  13lh  FJizabctli,   which   made 

comp&ssing  to  levy  war,  declared  bv  printing, 

writing  or  advised   speaking,  higL  treason, 

diirinc  the  hfe  of  the  Queen, 

**  liicrc  was  an  act  in  the  13th  Charles  Snd 
to  the  same  purpose,  on  which  some  prose- 
cutions were  founded  ;  hut  that  act  expi'cd 
with  the  death  of  the  king/' 

You  sec  liere,  gentlenieij,  this  learned  aiid 
respectable  judge,  a  man  of  great  eminence 
and  character,  laying  down,  in  clear  and  ex- 
plicit term?',  the  very  distmction  which  I  have 
taken  the  liberty  of  maintaining*  It  is  tlie 
distinction  between  a  conspiracy  to  levy  war 
I  aimed  at  the  royal  person  of  the  king,  and  a 
conspiracy  tu  effectuate  a  rising  for  the  pur* 
^^wi«e  of  redressing  some  grievance,  whether 
M^mI  or  supposed,  or  of  whatever  nature  it  may 
H^^  In  short,  every  conspiracy,  which,  if  car- 
'  fted  into  effect,  would  aeccasarilv  expose  tlie 
VOL.  X.MV. 


L 


pcrion  of  the  king  lo  danger,  may  be  held 
treason.  But  it  is  admitted  by  every  lawyer  J 
who  has  treated  of  the  subject,  that  levying 
war  is  of  two  kind^  ;  the  one  is  against  the 
person  of  the  king,  and  even  to  consnire  ibis^^ 
ahhough  such  war  be  not  aelually  levied,  ii 
yet  treason.  Another  kind,  however, 
against  what  is  called  the  majesty  of  the  king^ 
or  against  him  in  his  regal  capacity  :  and  iiii 
u) ere  conspiracy  to  levy  this,  if  nut  artutilf 
levied,  is  not  treason,  because  it  cannot  hi 
con%tnJCtion  come  up  to  be  a  compassing  < 
ima^^ining  the  death  of  I  he  king,  so  as  to  fall 
under  the  slfitule  of  Edward  3rd. 

This,  gentlemen,  is  a  point  of  the  titmosi 
impurtiiuce,  and  it  uiay  be  an  arduous  matte 
indeed  to  say  wiicrc  the  line  is  to  be  {Irawn,  if 
you  do  not  tix  it  in  the  very  way  that  is  tio 
by  the  learned  judge,  whose  words  I  hiivi 
just  now  read  to  you.     If  any  farther  lalilud 
is  to  be  admitted,  I  do  not  know  what  tlicr 
is,  that  may  not  be  construed  into  a  conspii 
racy  to  levy  war,  so  as  by  forced  nnplicatioit 
lo   be  held  a  compasMug  or  imagining  tha 
death  of  the  king*    An  intention  or  design  I 
resist  or  obstruct  any  one  branch  of  the  civii 
authority,  or   executive  power  of  the   statCj^ 
may  be  said  to  have  a  more  or  less  immediate 
tendency  in  its  consequences  to  endanger  thfl 
person  of  the  sovereign,  and  in  that  way,  by 
very  strained  construction,  may  be  accounte 
a  compassing  tlie  death  of  the  king. 

It  is  fearful  even  to  figure  the  dangers  and 
mighty  evils  to  wtnch  tliis  might  lead.     If  wi 
do  not  draw  a  clear  hue,  there  is  no  saving 
how  far  it  will  reach ;  and  this  may   call 
your  mind,  the  wise  admonition  1  read  to  you 
from  lord  Ilale.     **  How  necessary  it  is,  tha 
there   should     be    some    fixed    and    sctlled 
boundary   fur    this  great   crime  ot    treasons 
and  how  dangerous  it  is,  by  construclion  and 
analogj%  to  make  trea>*ons,  where  llie  leltef 
of  the  law  has  not  done  il ;  fur  such  a  mrthoAl 
ad  mi  Is  of  no  linyts  or  bounds,  but  nms  as  faftj 
as  the  wit  and  inveuliun  of  accusers,  and  ihs 
odiousness  and  delestalion  of  persons  accused] 
will  carry  men," 

Besides  what!  have  read  to  you  from  Mr,* 
Justice   Foster,  there  is  on©  other  authorityl 
which  1  must  beg  leave  to  state,  and  it  is  that] 
of  another    very    eminent    and    respectable] 
judge,  1  mean  sir  Jolui   Holt,  w!io  was  lord  1 
chief  justice  of  the  court  of  Kind's- bench  iaj 
England,  durin-j;  ihe  reign  of  kuig  Willium. 
lie  presided  at  the  trials  of  several  diftercnt 
persons  who   were  accui«d  of  the  crune  oC 
high    treason    after    the    Revolution;    and^j 
amongst  olbcrs,  in  lite  case  of  sir  John  Friemr 
who  was  tritd  for  beinj^  concerned  in  a  coti* 
spirttcy  against  llie 
I  Vc  tender. 

In  that  case,  when  summing  up  the  evi- 
dence lo  the  jury,  lord  chief  justice  Holt  layi 
down  the  law  in\he  folio  wing  words  :  *•  Then 
there  is  another  thing  that  sir  Jolm  Friend 
did  insist  upoii,  and  that  is  matter  of  law: 
The  stiitule  of  26th  Edward  Srd*  was  read^  { 

K 


kujg,  and  lo  restore  tho'j 


131] 


U  GEORGE  UL 


whitih  is  the  greii  statute  about  treasoDS ;  and 

^thgt  docs  contain  divers  species  €>!'  ireaaoa, 

1  declares,  what  ^hall  be  treason.     One 

on  is,  ihe  compassing  and  imigining  the 

^dftth  of  the  king ;  another  is  the  levying  war  i 

[_^ow»  says  be,  here  h  no  war  actually  levied  ; 

la  hare  conspiracy  or  design  to  levy  war, 

I  not  come  within  this  law  ao;ainst  treason. 

Qfow,  for  Ihal^  T  must  letl  you,  it' there  be  only 

» a  conspiracy  lo  levy  war,  it  is  not  treason, 

I  Bui  it'  the  design  and  conspiracy  be  either  to 

kitl  the  kin^,  or  to  depose  him,  or  imprison* 

>  or  put  any  force  or  reslrainl  upon  him,  and 

the  way  and  method  ofeflecting  of  these,  is 

LbjT  lcv\nvf  ii  vvAr ;  there  the  consultation  and 

to  levy  a  war  for  ll^at  purpose, 

I  btg  I ,  though  no  war  be  levied ;  for 

Buch  coimuitition  and  conspiracy  m  an  overt 

^  act,  provmg  the  compassing  the  death  of  the 

\  king,  which  is  the  iir*t  treason  mentioned  in 

I  Uic  stitulc  of  the  25lb  of  Edward  the  3rd.  For 

)  the  wonU  of  that  statute  are,  that  if  any  man 

shall  compass  or  imagine  the  death  of  the 

king.   Now,  because  a  man  designs  the  death, 

deposition,  or  deKtructioo  of  the  king,  and  lo 

h  that  ileaign,  agrees  and  r         ''    -ij  fevy  war, 

'Snd  tins  f^bould  not  be  ti  >n  if  a  war 

be  not  actually  levied,  is  v i  > ,  ^ .    ., ^c  doctrine, 

and  the  contrary  has  aKvav«»  been  tield  to  he 

Jaw.    There  may  a  war  be  levied  with^mi  rmv 

design  upon  the  kin«*s  nerson,  or  c : 

of  il,  which  if  actually  leviH  is  hip  ; 

but  a  bare  designing  to  levy  war,  without 

morc^  will  not  be  treason;  as,  for  example,  if 

persons  doasscmble  themselves,  and  act  with 

Ibrr*'  in  opposition  to  some  law  which  they 

think  inconvenient,  and  hope  thereby  to  get 

it  repealed,  this  is  levying  a  war  and  treason, 

t  though  purposing  and  i}y-  <»t  so  ; 

'  when  iiiey  endeavour,  in  ,  with 

force  to  make  some  reforiii.i.uuii  ui  uivir  own 

bea<Is*  without  pursuing  the  methods  of  the 

law,  that  is  a  levying  of  war,  and  treason; 

but    the    purposing   and    designing    it,   is 

uol  so."* 

In  this  clear  and  per?»picuous  manner  is  the 
law  laid  dywn  by  tin 'ilea  rued  judge.  It  would 
be  easy  for  mc  lo  produce  lo  you  variouia 
ether  authorities  to  the  same  purpose,  from 
tho*c  who  have  treated  uf  the  criminal  law  of 
England;  but  I  am  unwdling  lo  detain  you. 
I  have  read  lo  you  the  words  of  lord  chi«if 
justice  Hult,  who  presided  in  the  various  iriak 
for  high  treason,  after  lh«   "       '  "  l' 

and  I  have  read  to  you  tS. 
roster,  who  *at  as  judge*  in  mi  n  f^.^  irn  iir  i- 
aou  ader  the  rcbelliou  1715,  and   from  thai 
circii"i->-'"'"  frjd  hisattrti^i""  ^^>  rv,Mi...j,..i, 
«allr  anchofii 

r  lie  ti'  wrote  a  vu 

lent  trcaiisi.  upon  the  sulijcct.     A' 
mea,  you  fmd  ttu  ^    di  tiiiiiiishci 

judgtis  In  very  <i»>Unclion 

flich  i  aui  Ling  your  ullen- 

•  Soc  Sir  John  Frieiid  »  case,  Voh  13,  p.  01, 

oftbt5C:olkctioti. 


Trial  of  Da^Jkfwnie 

tion  ;  and  which  i^,  that  where  the  war  to  b« 
Icvyed,  is  aimed  directly  ugainst  the  person  ot* 
the  king,  in  order  Id  dethrone,  or  to  depoitfe 
him,  then  a  contpicacy  to  levy  such  a  war^ 
is  treason ;  but  where  the  pur|)ose  it  merely 
to  make  some  reformation  with  force  and 
numbers,  without  pursuing  the  methods  uf 
the  law,  there,  although  the  actual  levying 
sucli  war  is  treason,  yet  a  conspiracy  lo  do  !»o, 
or,  in  other  wordi,  the  purposing  and  de^^tgu* 
ing  tt,  is  not  so. 

After  having  thus  endeavoured  to  convey 
to  you  a  clear  idea  of  the  important  distinction 
wmch  I  have  been  here  explaining,  I  must 
now  beg  leave,  gentlemenj  lo  call  your  atten- 
tion to  another  principle  regarding  the  law  of 
treason;  and  it  is  a  principle  the  more 
strongly  demanding  your  consideration,  be- 
cause 1  conceive  it  to  be  of  great  moment  in 
the  present  case. 

In  other  crimes,  a  design  to  commit  the 
crime,  an  intention  or  purpose  of  the  mind  to 
perpetcate  it,  or  even  some  step  taken  towants 
the  commission  of  it,  does  not  con?»tttute  the 
crime  itself.  An  intention  to  commit  theft 
or  murder,  Ijowcvcr  it  may  mark  the  guilt  of 
the  mind,  yet  while  remaining  a  bare  intention 
it  is  not  viewed  m  the  same  light,  nor  draws 
aAer  it  the  pmjishment  of  the  law,  a^iftbc 
guilty  purpose  had  been  carried  into  efl'ecl, 
and  the  crime  actually  committed. 

In  the  crime  of  high  treason,  however,  the 
case  ib  dxii'creut ;  and  there  the  mlc  isi,  Voiuntut 
reputatur  pro  facto.  In  treason,  the  circum* 
staitce  to  be  regarded  is,  tlie  intention  of  the 
mind.  It  is  the  purpose  and  debign ;  or,  in 
other  words,  it  ts  the  ^Ity  heart,  that  is  in 
tins  crime  the  object  of  pimishmcnt.  Accor- 
dingly, it  is  the  tmitorously  compassjing  and 
imagining,  tlial  constitutes  the  oti'ent*^,  and 
the  overt  acts  are  only  viewed  as  tlie  evidence 
of  the  traitorous  intention. 

So  clearly  is  this  the  principle  of  the  law, 
that  if  a  person  was  to  put  lo  death  the  kin^y 
tlie  indictment  against  him  would  be  laid, 
not  lor  committing  that  most  atrocious  act, 
hut  it  vvtuld  hv  laid  aLMin>l  Vara  fur  coropas^ 
sin'  riig;  aind 

tli«  rtt  act 

to  pruvtd  tlie  cumpuHbiu^^kMJ  itua:  it. 

rVltcr    the   rcsiorution,    when  tli  .^^^ 

came  Vj   be   tried    for    the   murdtir  ol   k 
(!haries  1st,  ihe  indirimrtiiwas  not  luidt  « 

n4 
n  iif    fi'^.iiii   ill    iiH.     Kingf    ;*rm   thc 

h<  Its  head  was  laid  as  one  of  Uie 

!l  siat«:d  by  Mr.  Justice  Foster, 

s  **  Mir  II.  riMinc  ni  musicbariBO 
rly  eOQi^ia 
tanddbarta 
the  srv  11  ployed 

by  tJR  iitocttua 

pi<  >sVd«n!d 

fiv  fueaoa 

made  UK;  ol  to  c 


] 


laaj 


for  High  Treason, 


bttft.    And^  therefor^ 

rektiies^  the  indictmetjt 

iuT  traitorously  compaas 

[  iiMirrr  '  h  oi  tlie  king.    And  tlie 

ing  gflbi^  Ueay  waa  laid,  among  others,  as 

l«i«rt  aet  of  cooapaaaing:   And  the  person 

was  sufiposed  to  have  given  tbe  f^troke^ 

I  comricteo  CMi  the  aanw  indictment.'' 

I  a  Itille  afterwards,  be  adds,  **  The  star 
tnfUmtam  biiUi  with  great  proprk^y  re- 
ihm  mle^  VoluniaJt  pro  facto.  Itconsi- 
Ibe  wkked  imaginatians  of  the  heart 
iilbe  dama  ilegrce  olguiit,  as  if  carried  into 
MtoaJ  execution^  from  the  moment  measures 
to  have  been  token  to  render  them 


la  llie  crtma  of  tre^on,  therefore^  the  law 
fanideffaaiid  looks  to  th«  \»tcked  imaginations 
alllia  faattrt;  mid  tlie  overt  acts  are  onJy  the 
asJind  evidtixt;  ol'llie  Iniiturous  pur- 
From  this  it  necessarily  lo]li>u-4,  and  it 
ygaalkmeOy  V  iilar  attention, 

laal  lo  logr  ebafgo  t  ^i^on,  and  in 

tag  tlia overt  ^.^^p  .i.ij,  and  the  proof 
L  ill  supfmrt  of  tliem,  the  ^reat  and  inv 
ot^iact  must  be,  to  weigh,  with  the 
■I  caiilioitd  deliberation,  the  nature  o(  the 
t  and  iuilLir  Ih-w  (ai  Uk*t  are  sneh  as 
canj  a  cujx  of  a.  Jury,  of 

thiwkk4Nl  .  *'se  in  thcpcr- 

iiqM^^UMdifii  iOinp^nMUgaud  imagining  the 
teUmf  the  king. 

GcntJrmen,  1  mu.^t  entreat  your  attention 

ta  lina«  for  it  is  of  |;Tc;it  importance.     You  see 

Ihm  ptmcifik  o(  the  law  i»,  ti)»t  it  is  li)e  trai- 

ptarfKite   of  the  mind,  which  ubnc 

Umi  offooee*     1  lie  overt  acts  are 

I  |;>roofsof  that  Iraitoroiia  ptir- 

^ibL  Itertfore,  ♦**    '^•"_'  to  he  consi^ 

I  y^  M  ttature,  t  1 1 ,  and  import 

ov«it  acts;  anu    „,,,.., vT  they  uitord 

and  convincing  proof,  that    tliey 

lcu>nori)v  hint  r»rucccfled,  from  the 

ai^l  M>n  of  compassing 

jiumi  «  the  king. 

Ill  lite  |irc»e&t  eadc,  l^te  tpedes  of  treason 

dMBfid  1A»  tba  cofupassfii?  and  imagining  the 

itttS  or      " 


oClbe  kingf  an 
bo  ^njch^HJ^  ti 


ipr. 


ti  an  olff  f  i 
Hia 


're,  the  overt 

to  prove  that 

11  Ue  of  no  sort  of 

r  as  it  can  connect 

:  ■    >>irg  Jtnd 

to  any 

,  v.*  ....  avail.     It 

">ie,  or  mav  anxntnt 

:  kind  ;  but  where 


,  m  iupport  of  an  mdiclmcnt  fur  rom- 
_  and  itnatritunj,  it   iim^t   luvtrv^arily 
i|i|i3r  19  that,   '  'is  can   be  of  uu 

'i|  in  proof'  i;o.     In  short,  the 

ptjrpowr  I  irt  constitutes  tht^ 

and  a  j  i   be   !*ure    of  thai 

purpose  m  lliC  pu>un  accursed,  befuie 

^UlfeoOfh  .  that,  in 

mkn  cnm*  i  ^i  ilic 

aifti diica net  cpniuiutc  ;  'that 


A.D.  1794.  [131 

it  is  requisite  the  intention  be  actually  i:arried 
into  ctiect,  yet  1  niU5»l  at  the  same  time  ob* 
«erve,that  in  ail  crimes  whatever,  the  greater 
or  lesser  degree  of  guilt  in  tlie  mind,  ei^sen- 
lially  varies,  and  changes  the  extent  of  ihe  ot- 
Ituce.  '1  bus,  in  iKJniicide,  it  totally  depends 
upuu  the  intention  of  the  heart,  whether  ii  is 
to  be  decnjed  any  crime  at  all ;  or,  if  a  crime, 
then  of  what  nature  Uiat  crime  is.  The  effect 
ia  the  same,  for  the  man  is  killed ;  but  the 
person  who  killed  him,  m  "v  ht'  amity  or  inno- 
cent, according  to  circu  If  he  1ms 
killed  him  by  mnocent  r,  ,  or  in  ne* 
cessary  self  defence,  he  is  guilty  of  no  crime* 
If  he  has  killed  him  only  upon  pmvocahon, 
and  in  sudden  passion,  he  is  gudly  only  of 
manslaughter.  If  be  has  killed  i«m  of  design 
and  from  nrdVice  prepcmct  cs  malliia  pn^^o^i^- 
idia^  it  is  the  atrocious  crime  of  foul  and  de- 
liberate murder.  The  whole  colour  and  conv 
plexion  of  the  ofteuce,  in  sljorl,  shifH  and  va- 
ries acconiing  to  the  degree  of  guilt  m  the 
heait,  from  which  it  proceeds. 

In  treason,  however,  as  I  have  already 
shown  you,  the  very  essence  of  the  cnnie  hes 
wholly  in  the  wicked  purpose  or  intention. 
It  is  not  necessary,  as  in  other  crimes,  that 
the  purpose  be  carried  into  effect,  but  tlie 
very  heart  is  to  be  looked  into,  and  if  the  de- 
liberate and  wicked  purpose  is  found  there,  it 
b  the  crime  of  treason.  The  law  requires,  ifK 
deed,  that  the  traitorous  purpose  must  be  ma- 
nifestcfi  proTjeubiement  by  open  deed  j  that  is 
to  say,  by  overt  acts  sufficiently  proved;  hut 
as  it  is  the  crimmal  purpose  thai  is  the  object 
of  punishment,  so  the  overt  acts  are  onty  the 
manifestation  of  the  traitorous  intention,  and 
arc  not  to  be  regarded  nor  held  of  any  weight, 
excepting  in  so  tar  as  they  amount,  to  clear 
manifest  andunequivucal  proofs,  of  the  wicked 
purpose  of  compassing  and  imagining  the 
death  of  the  km^. 

My  lord  thiefjustice  Coke,  in  the  3rd  part 
of  his  Institutes,  where  he  treats  of  the  crime 
of  high  treason,  frequently  repeals  the  maxitn, 
Actui  non  jAcU  reum  nisi  mciu  $U  rea.  His 
not  the  deed  that  makes  the  guilt;  but  it  is 
the  guilty  mind  that  conili lutes  the  crmi 
You  are  to  look,  therefore,  gcnt)puien,  tu  tf 
intentions  and  imaginations  of  the  heait.  You 
are  to  consider  the  overt  acts  only  in  so  far  a.** 
they  may  manifest  the  witkcd  intention.  Vou 
are'scrupulously  to  weigh  the  overt  act^,  and 
consider  whether  they  alFord  proof  of  that 
wicked,  dehberale,  and  ma  lit  louH  purpose  of 
the  heart,  and  whether  they  carry  home  to 
your  own  minds  and  consciences  a  clear  am* 
full  conviction  of  the  compa5*singandimajgii> 
in^  the  death  of  the  king,  wiiich  is  tlie  crir- 
charged  in  this  indictment. 

GtQtIcmeo,  I  have  dwelt  the  longer  upon 
this  and  have  cnfurcr<l  the  more  larnes^Uy 
the  principles  I  hii\  ',  beciiusc  I  lliini 

they  are  peculiarly  '  to  a  c:isc  sin 

as  the  prcscnL     In  wri^    Muiiitrneiu  wher 
the  fpccies  of  treason  cliargcd  is  the  conW| 
passiuig  or  nuagiaing  the  dc^ilh  of  the  kr 


135] 


S4  GEORGE  III. 


Trial  1^  David  Dawnle 


[136 


Ihe  overt  acts  la'id^  must  be  such  as  clt^arly 
prove  and  raanifesl  that  tmilorous  purpose. 
This,  as  your  own  ^oud  svciise  will  at  once  sug- 
\  5l  to  youj  must  be  a  very  nice  and  dellculc 
aattcr.  Hard  it  is,  to  dive  into  the  recesses  i 
pf  the  human  heart;  and  yel,  lUi  yon  do  this, 
ftnd  see  it  in  the  cleare&t  and  futlekl  ii^htf  you 
fcre  not,  as  men  of  honour  and  integrity,  enti- 
ced to  conclude,  that  guilt  is  proved,  nor  to 
t>u.sign  your  fellow  citizen  to  that  puniUinient 
Bfhitli  is'due  to  xhtwr  only  who  are  truly  guihy  | 
Df  the  crime  thui  is  churG;cd.  \ 

And  this  lcad5,  gentlemen,  to  a  considera- 
Liou  %vhit  h  I  di'em  of  great  importance,  and 
^viuch  regards  the  nature  of  overt  acts,  as  re- 
Duisitc  to  support  an  indictment,  where  the 
^arge  is,  the  compassing  or  koagining  the 
death  of  the  king. 

There  may  occur  certain  times  and  situa- 
|ions,  where  circumstances,  which  in  them- 
Lielvcs  arc  ,secmingly  very   f»bght,  may   yet  \ 
iju&tly  be  held  ^ucli  overt  acts,  as  clciirly  and 
I'Conclusively  to  prove  and   demonstrate  the 
]  traitorous  purpose      But  whdc,  as  I  .^hall  iuv  i 
t»lMediiUcly  show,  this  not  only  may  br,  but  at  ! 
hCertain  periods  actually  has  been  the  case;  \ 
►.yet,  upon  the  other  hand,  there  may  full  as  \ 
kcertainly    exist    periods    and     conjunctures, 
Inhere  it  would  be  dangerous  and  perilous  in 
the  extreme,  from  any  ci re um stances  or  any 
^overt  acts,  other  than  those  of  the  most  infaU 
rlibie  atid  vn^ambiguons  kind,  to  form  the  con- 
^clusion  of  guilt. 

I  think  1  may  well  and  successfully  illus- 

.Irate  this,  by  l»iking  a  very  short  review  of 

I  tiie  trials  for  higti  treason,  since  the  glorious 

ijraof  the  Itevolutiou  in  IflBB.     After  king 

>V  illiiim  usctuded  tlic  throne,  and  during  his 

jreigri,  repealed  attempts  were  made  to  over* 

turn  the  govern  mint,  and  there  wexe  even 

•some  conspiracies  fur  the  assassination  of  the 

king,     Ju  like   manner,  afier  the  illustrious 

, Louse  of  Hano\'cr  wu**  happily  seated  on  the 

/throne^  diflferent  cd'urts  were  m;ide  by  the  ex- 

,  iled  family  and  their  friends,  to  excite  rcbeU 

k  lion,  and  restore  the  house  of  Sluuri.    This 

produced,  fust,  the  rebellion  171  A,  soon  after 

the  accessioi|  of  George   Isl^  and  atlerwards 

the  rcbdli^   1745,  during  the  reign  of  his 

Jatc  uiiijesty,  king  George  2nd. 

Almost  the  whole  cases  that  have  occurred 
of  trials  for  liigh  treason  since  the  year  l(JB8, 
have  arisen  from  themanv  repeitteu^hut  most 
fortunately  unsuccessful  endeavours  of  the 
exiled  family  to  recover  the  throne,  in  these 
triitls,  much  arLMinw  ni  .tul  Jlsru.-tun  seem  to 
have  tj,krn  pi  i  tt  acts  re- 

quisite for  prt  ,  u;  or  i magi- 

liifig  tlje  deaUt  ot  the  kinj; ;  and,  m  many  of 
these  Citsr «,  f,\ru  and  cjri  umstauces  appa- 
rently vei  have  yet  been  helvl  autfi- 
ctcntton  frstt»>r<'U^  pMrj»o*r. 

tt  IS  nn/dJ. 
lhrou£:li  a  nun.  i 


for  com  i  of  the 

king.     1 1  -  Icmen 

haf  procured  a  so  mi  k  to  trHQ>puiL  ibem  to 
France,  but  were  stopped  before  thry  eot  out 
of  the  river  Thames,  and  their  p;  d. 

Among  the  papers,  was  found  :■  r- 

tendetfto  be  Uid  before  the  French  k:i!_  r 
his  ministers^  for  invading  the  kingdoui  ui  i.i 
vour  of  the  Pretender,  "with  ni.  ., 

notes,  and  memorandums,  all  ten  '\<i 

same  purpose.  Lord  Preston,  ij.i»  .i.  ui|^iil, 
went  mto  a  boat  at  Surry  stairs » in  which  he 
was  conveyed  to  the  smack  that  was  to  convey 
him  to  France,  but  was  seized  before  be  had 
gotout  of  the  river. 

Upon  his  trial,  lord  Preston  in^^  no 

overt  act  was  proved  upon  him  it  I  *'X, 

where  all  the  overt  acts  were  laid ;  lor  he  wat 
taken  with  the  papers  in  the  county  of  Kent. 
But  the  Court  told  the  jury,  that  it'  upon  the 
whole  evidence,  they  did  believe  that  \m  lord- 
ship had  an  intention  of  going  into  trance, 
and  to  carry  those  papers  thither  for  the  pur^ 
poses  charged  in  the  indictnient,  his  taking 
boat  at  Surry  stairs,  which  are  iu  Middlesex^ 
in  order  to  go  on  board  the  smack,  was  a  sui- 
ticient  overt  act  m  Middlesex,  Every  step 
taken  for  lltose  purposes,  was  an  overt  act ; 
and  accordingly  the  jury  found  luni  i^uill)*. 

Here  you  see,  that  this  seenungly  trivial 
and  slight  cucumstance  of  his  takiiis:  boat  at 
Surry  stairs,  was  held  a  sufficient  overt  act  of 
the  trea^Q  charged;  but  then,  you  will  re- 
mark, gentlemen,  that  there  beuig;  a  clear,  de- 
finite, and  unambiguous  object  in  view,  and 
to  which  the  overt  act  was  to  be  applied,  so, 
every  step  taken  for  accom  that  ob- 

ject,  was    an    overt    act  (i  ,ns  the 

traitoroir      i    ^         x'   .i  V  lo- 

sing aii^:  ■<[>- 

jectin\it-",  ....  ,,jiv  i, -lui.ii-  i.M.  *i.-.u.nJcr 
wa*y  utterly  incompatible  with  the  preserva- 
tion and  safety  of  the  king  upon  the  throne. 

The  papers  and  letters  found  upon  lord 
Preston  clearly  demonstrated  what  was  in- 
tended ;  for  they  were  written  in  prosc?cution 
of  certain  drlerminate  pur]^wics,  which  were 
all  treasonable,  and  t^icn  in  contemplation  of 
the  otfenders.     Any  step*  thereibre,  even  the 


mto  rrancc, 
I  and  mani- 

V!       **If 

France 
I  tl'urs  and 


uii    iHUiruiid  oi 


taking  boat  at  «S 

was  an  ovt^rt  act 

fest.     As  mv  ' 

any  one  can 

at  this  time  ui  m 

in  such  a  manner,  I  leave  to  the  jury's  coD 

bir1pr:Hl.»n   " 

through  a  great  variety  of  other 

Cii^               |^onthHthave  occurtLil  slmr  the 

Jlevohition,  but  it  is  altogether  uu  a% 

they  would  only  itlu'-rniic  th»  ng. 

In  all  of  them,  lli  en 

to  restore  the  cm  ud 

»*jr  thii'  (he 

kirm  ii>  ,ic^ 

rid 

%vu':u  tiJ4i  \vu.-i  uic  cMv^  uvcri  ull^.^  even  or  ihc 


137] 


far  High  Treaion. 


A.  D.  1794. 


[138 


slightest  k\f\(\,  might   be  held   sutTirient,  U  | 
hemz  impossible  Urat  any  steps  towards  realo-  ; 
r'mg'^lhe  Pretender  could  mean  any  thing  less 
than  fiepo5»ing  the  king.  | 

Bur,  geullcroen,  it  would  he  most  unjust 
and  uvil'air,  lo  infer,  that  circumstances  equally  1 
slighti     should     be     held    sufficient    overt  ! 
acts,  where  the  situation  is  v^idely  different,  i 
mid  where  there  is  no  such  clear  and  deter-  • 
minate  object  to  connect  with  a  traitorous  pur-  I 
pose.     In  order  to  fix  the  existence  of  the  | 
traitorous    intention,    it   is     necessary,    that  ; 
there  should,  in  the  first  place,  be  proof  that 
tlic  object  m  view  is  clearly  and  certainly  to 
aftcct  the  person  of  the  king.    Without  evi* 
dence  of  such  certain  and  determinate  object, 
it  must  be  unjysit  to  suppose  a  traitorous  pur- 
pose»  or  to  hold,  as  overt  acts,  fads  and  cir- 
cumstinces,  which  may  have  had  for  their 
fthject,  something  exceedingly  different  from 
any  such  most  wicked  and  criminal  design* 

it  would  be  a  dangerous  thing,  indeed,  and 
vrouUl  be  bringing  ilic  liberty  and  security  of 
the  5uhject  into  a  most  perilous  condition,  if, 
upon  the  bare  supposition  of  the  existence  of 
a  design  to  dethrone  the  king,  and  overturn 
the  government,  any  jury  was  lo  interpret 
into  c>vert  acts  of  treason,  facts  and  circum- 
stances, which,  it  there  be  no  such  object  in 
view,  may  be  cither  in  themselves  ahogcther 
innocent*  or  at  least  infinitely  less  crirninal, 
than  to  deserve  the  denomination  of  hi!*h 
treason.    It  becomes  you,  therefore,  gentle- 
aen,  and  it  is  a  duty  which  you  owe  to  your- 
elves  and  to  your  country,  to  proceed  with 
nicest  caution  and  circumspection.     Bc- 
li^ou  admit  circumstances  in  the  conduct 
lay  man,  as  overt  acts  of  a  treasonable 
purpose  in  his  mind,  you   must  be  well  as- 
sured, and  have  indubitable  proof,  that  there 
lid  exist  a  certain  and  determinate  object,  to- 
rards  accomplishing  which  these  overt  acts 
ended  ;  or,  in  cither  words,  that  there  was  a 
fixed  purpose  of  compassing  or  imagining  the 
death  of  the  king.     Nay,  more,  yuu  must  see 
that    object    clearly    connected    with,    and 
brought  home  to  the  person  accused;    for 
her  wise  you  cannot  fix  upon  him  the  trai- 
orous  purpose,  let  the  existence  of  the  scheme 
•  ever  so  certain, 

1  am  much  afraid,  gentlemen,  I  have  de- 
lined  you  loo  long  with  these  general  obser- 
iations  respecting  the  law  of  nigh  treason, 
piiy  for  the  peate  and  tranquillity  of  this 
ilry,  wc  arc  little  acquainted  with  trials 
'  this  kind,  and  tlie  subject  being  new  to 
Du,  I  thought  it  my  duty  to  endeavour  lo 
itplain,  as  clearly  as  in  my  power,  what  I 
onceivc  to  be  the  principles  of  the  law  of 
reason,  so  far  as  any  ways  material  for  the 
consideration  of  the  present  case.  I  shall 
now  proceed  to  offer  you  some  observations 
upon  the  evidence  which  you  have  this  day 

I  heard  ;  and  the  attention*  with  which  you 
have  hitherto  honoured  me,  induces  n^e  to 
llvpc  ihut  you  will  |>atiently  listen  tu  what  I 
ikftve  yd  to  say. 


iiuec 
^Hdid  e 

^Kmrd 
^^Tcndi 


Gentlemen,  you  have  heard    the    indict- 
ment against  the  prisoner  read,  and  you  have 
heard  it  recapitulated  and  enlarged  upon  by 
the  counsel  for  the  crown.    It  is  very  long^ 
and  I  will  not  tire  you  now  by  going  over  the  se- 
veral parts.    I  have  already  observed,  that, 
though  branched  out  inlo  a  great  number 
different  articles,  yet,  upon  the  whole,  th( 
only  species  of  treason  charged,  is  that  oj 
compassing  or  imagining  the  death  of  the  i 
king.     Not  being  accustomed  to  this  very 
proUx  form  of  indictment,  I  find  my«elf  lost: 
and  bewildered  in  its  verbosity  and  cndlesi 
repetitions.     I  presume,  however,  that  I 
various  articles  or  counts,   into  which  it 
branched  out,  are  meant  as  setting  forth 
many  different  overt  acts  of  the  species 
treason  charged.     In  place,  therefore,  of  f 
lowing  the  indictment  minutely,  I  shall  ni 
confine  myself  to  those  particulars  which  th^ 
prosecutor  seems  chiefly  to  have  rested  upoi 
as  llic  overt  acts  in  support  of  his  charge,  ani 
to  which,  accordingly,  the  proof  winch  h 
has  this  day  brought,  has  been  directed. 

The  first  branch  of  the  evidence  adduce 
on  the  part  of  the  prosecution,  was,  as  y 
were  tola,  to  explain  and  point  out  to  you  t1 
nature  and  the  .spirit  of  the  measures  of  Ihat 
nieeliag  called  the  British  Convention,  which 
was  held  here  some  time  in  the  end  of  last  ji^ 
year.  Evidence  was  introduced^  likewise,  re^H 
specling  the  objects  of  a  society  held  in  I>on^«B 
don,  called  the  London  Corresponding  iSo- 
ciety,  and  you  have  had  printed  papers  and 
letters  produced  to  you  regarding  certain 
proceedings  of  that  society.  And  the  great 
purpose  ot  all  this  evidence  is,  to  connect  loyH 
getlicr,  as  Intimately  as  possible,  the  tieiv^^ 
and  objects  of  that  society  in  London,  with 
those  of  the  British  ConventioUj  and  the  so- 
ciety of  Ibe  Triends  of  the  People  in  Scotland. 
1  must  remark,  gentlemen,  that  in  all  thig, 
the  counsel  for  the  prosecution  have  taken  a 
very  wide  and  extraordinary  range.  Societies 
in  two  distant  and  different  parts  of  the  united 
kingdumy,  are  thus  endeavoured  to  be  blended 
together,  although  composed  of  individuals 
totally  different ;  and  every  measure  adopted 
by  the  one,  ts  not  only  to  be  supposed  the 
measure  of  the  other,  but  every  the  most 
wild,  frantic,  or  intemperate  proposal  or  ex- 
pression of  any  rash  individual  in  the  one,  is 
not  only  lo  fix  that  character  upon  the  whole 
of  that  numerous  society  to  which  he  belongs, 
but  at  once  to  transfer  and  to  contaminate 
with  tlie  same  character  a  distinct  set  of  men 
at  several  hundred  miles  distance. 

I  will  not  detain  you  by  going  through 
the  papers  which  were  produced,  and  which 
you  this  day  have  heard  read,  but  I  must  take 
the  liberty  of  offering  some  general  remarks 
upon  the'  whole  of  this  branch  of  the  evi- 
dence, and  what  weight  or  influence  it  ought 
to  have  upon  your  minds,  in  considering  the 
case  of  the  unfortunate  prisoner  at  the  bar* 
whose  life  is  now  in  your  nands. 
It  is  a  fact  well  known  to  all  of  you,  that 


for  a  number  of  }  ears  past^  there  have  been 
many  p^soos  wlio  have  tliou^t  that  tl>ere 
were  abuser  rcquiriag  correction^  and  that 
for  this  purpose  certain  reforms  in  the  cunsti* 
tutioD  of  pjurliiitneDt  v/as  necessary.  Whe- 
ther this  opinion  he  wejl  or  ill  founded,  I  do 
not  think  it  in  the  least  degree  material  for 
me  to  iiiquire,  nor  would  it  he  proper  here  to 
enter  bto  such  a  discussion,  I  shall  be  al- 
lowed to  say,  however,  that  it  is  an  opinion 
whi<;h  has  at  least  extensively  prevailed,  and 
haa  been  countenanced  aad  supported  by 
many  pefsousy  not  only  of  the  highest  rank 
and  most  re8t)e€Uble  eharacterSp  but  men^  as 
zealouslj  ana  sincerely  attached  to  tlie  go- 
vemmeiit  and  constitution  of  this  country,  as 
aay  la  the  kingdom.  It  ha^  been  repeatedly 
the  subject  of  aiscussion  in  parliament,  and  it 
has  been  an  object,  zealously  pursued  by 
many  societies  and  bodies  of  men  in  difierent 
part*  of  the  kingdom,  and  this  for  a  course  of 
years  past,  without  incurring  the  censure  or 
ineeting  with  any  check  from  government. 
Indeed,  while  men  act  u[x>n  an  opinion ,  of  the 
justke  of  which  they  h.ivc  an  honest  convic- 
tion, and  while  ihey  pMr^n.^  »hRt,  in  a  per- 
fectly fair,  legal,  ami  <  rial  way*  Jt  is 
impossible,  that  in  tli«  . ,_  ^:A  happy  coun- 
try, they  can  meet  wkh  either  censure  or  re- 
prehension, 

I  have  said  thus  much,  gentlemen,  because 
I  wish  you  to  remember  and  keep  it  in  your 
view,  thai  every  man  who  is  friendly  to  ru- 
form,  and  even  zealous  for  promoting  it,  is 
not  upon  ll*at  account,  to  be  set  down  as  a 
perikOA  entertaining  hostile  intentions  aguinst 
the  law  and  government  of  the  country. 
There  are  many  persons  warmly  attached  to 
reform,  who«e  views  arc  not  cmly  the  most 
pure,  and  whoee  love  of  the  constitution  is 
i>ot  only  the  most  thoroughly  sincere ;  but 
wlio,  from  their  very  ardour  foe  preserving  the 
COD !»titu lion  in  its  utmost  purity,  cherish  the 
idea  of  reform,  and  pursue  the  completion  of 
it  with  enthusta^uc  teal.  Whether  their  idea 
be  riffht  or  be  wrong,  it  js  of  no  consequence. 
While  they  pursue  it  fairly  and  honestly, 
thnr  certainly  ean  incur  at  least  no  blame ; 
ancf  I  earnestly  request  of  you  to  remember, 
that  those  who  are  friends  to  rcfurm,  are  not 
upon  Uiat  account  lo  be  supposed  or  pre- 
sumed enemies  to  the  constrtulion ;  for  if 
you  did,  you  would  rashly  mvolve  in  tliat  de- 
scription. Dot  only  many  honest,  sincere,  and 
well-meaning  men,  but  also  some  of  the  most 
^ure,  the  most  enhghtencd,  and  the  most  ex- 
ailed  characters  in  tliis  nation^ 
^  And,  genliemen,  1  must  beg  leave  to  go  a 
little  fmhcft  and  while  yoti  are  to  be  careful 
aot  l0  pvesuoK,  that  men,  because  tbey  are 
fnetid^  to  reiorm,  are  therefore  hostile  tv  go- 

jwrtnmenT,  1  mun  entreat  of  youaisotorcflpcr, 
iit  m  assemblies  u{  men,  you 

I  ooi  ■■\r\  that  tlic  tJttraviiganl»  the 

wililyOf  liti  ae  opoiona  and  idcaa 

of  some,   u.;  |>iQjonf   and    >dew  of 

every  ci^   person  of  wfanch   thi  loclety 


Trittl  of  David  Dowtiie 

or  meeting  may  he  composed.  In  all 
such  numerous  assemblies,  there  will  often 
shoot  up  violent  and  turbulent  spirits, 
whom  the  more  sober  and  moderate  tnay  tor 
a  time  be  unable  to  resist^  but  because  such 
intempei^te  men  may  for  a  while  rtile,  and 
give  the  colour  of  tlieir  own  minds  to  the 
proceedings  of  the  meetingp  it  would  be  hard 
to  condemn  the  whole,  in  one  inihscriminate 
heap,  and  so  involve  the  innocent  with  the 
guilty.  Let  every  mun  be  responsible  for 
hiniM^lf  alone.  In  common  fairness  and  in 
justice,  we  ought  to  separate  and  discrmii- 
nate;  and  till  a  man  is  proved  to  be  himself 
guilty,  do  not  let  us  involve  liim  in  the  guiU 
of  another. 

We  have  heard  much  to  day  of  what  parsed 
in  the  meeting  at  the  •  i- 

nuary  last,  and  of  the  pr 
farm  upon  14th  April.      1  um  exct  r 

from  wishing  to  vindicate  those 
and  still  less  will  I  attempt  to  ju^jiisy  uxir 
wild  and  extravagant  proceeding!? ;  buU  not- 
withstanding  Ihia,  I  am  willing  to  believi^ 
that  there  must  have  been  many  individuaii 
who,  however  well  disposed  lo  siv*'^"»  *f  _, 
cause  of  reform  to  a  certain  eil*  I 

never  have  adopted  any  vioh'nL  t 
derate  ideaa  of  the  leaders  of  i 
but,  on  the  contrary,  if  they  , 
such  tarther  pursued,  or  about  W  he  sortuual; 
carried  into  eflect,  would  at  once  have  rrsist 
ihcm  with  their  utmost  force,  and  if '  > 
ful  in  that  resistance,  would  insi  .  ve 

relinquisheil  and  abandoned  a  HicieLy,  vvliobe 
measures  were  not  calculated  to  promote  re- 
form, but  to  produce  anarchy  and  confusion. 

You  have  been  told,  gentlemen,  that  to- 
wards the  end  of  last  year,  and  in  the  begii^j 
ning  of  the  present,  the  object  of  the  dilFcre 
societies  for  reform,  came  to  assume  a  new 
appearance.  The  obtaining  a  reform  of  the 
representation  in  parliament,  was  still  held 
out  as  the  05te»sible  pretext,  while,  in  facf 
as  we  are  told,  more  daring  and  criminal 
signs  were  secretly  in  view.  In  short,  it  is 
said,  the  plan  was,  to  assemble  what  was  lo 
be  called  a  General  Convention,  to  be 
posed  of  delegates  from  various  societti 
meetings  and  a&semhiies  of  men  in  diflfereot 
parts  of  the  kingdom,  and  which  wa*  intejided, 
forsooth,  t.  ■'  ; 

initsrcpi'  fo* 

itself  all   ttic  jijii'  (1  n^cis  VI  a 

tional  legislature. 

If  there  really  did  .  xi^i    .^ ,- -■-  -  •fsiB 
it  was  not  less  wicked  and  crin 

and  1!^''"-""'"    *"   ^  ^1*^     *'\lrrMii#>  I 

tip  01  '    ' 

nane,  u 

tional  mil  'I 

wL'iJ,  .(lid  I 


and  lo  Like  tlic  requiMtc  mcuurc^^  lor  pre* 


HI] 


./br  High  Treason, 


A.  D.  I'm. 


[U8l 


lii. 


tplm 


ffCitiiif  lluU  gencnd  convention,  v^hich,  if  it 
ihfltfU  lie  actuated  by  so  intemperHte  a  spint, 
fl^j^  ^  fMtKlutCtivc  of  dangerous  conse- 
flUCTfg*.  But  ^hiJc  I  may  reacJily  admit  this, 
1  r  !  f^ic  pame  time  own,  gciilJcnnen, 

:  my  own  ntind  such  a  Jove  and 
ion,  and 
^t' of  the 
piopl*  <  ,  Li.nu  tij  iiit-ji  iull  coa- 

TJCpin  ^s  of  tb:it  govornraent 

1o  oilertam  an  idea  thai  )  ed 

eoofcutkin^  even  iHt  liau  ..      i.  led, 
it  aetctr  did,  would  ever  have  given 
Qocurrrjice  and  support   to  any  nica- 
smtB  mmtiii^  tinient^  or  have  gone  a 

li^fe  aie{>  i^i  i  to  t^ke  fair»  Ic^l, sod 

««MiiMtlo>ii«J    ti*e4i6ufes  for  renewing  their 
U»    iMMrUanoent  for  obtaining  a 

\  lemte  lo  say  eealn,  genttejneo,  that  I 
Cir  i-hiiig  or  attempting  to 

die  V  :>  at  the  Olohe  Lavern 

Cliaik  ij^rm  i    or  in  short  of  any'such 
^  I  ;    and    I  think   pvc-rnnient  acted 
iiy  and  wbely  in  usir  -  -r  —    ty  pre- 
I  propaM  getietaJ  i  But, 

•  |ifii4/«i^t!v  -rMveTiuiK.  .,  .. -L^.aaur^  in 
pod,  rcmcuibcr,  also,  that 

■I  f  .  never  did  assemble ; 

[caaooi  retore^  thinkittg  it  ra- 

bard  i^  »-»  with  any  certainty, 

itld  k^ve  been  the  proceedings  and 
I  of  that  Assembly,  if  they  liatl 
iMoughl  toecthiir.    \Vhat  may  be 
il  came  of  aiami  as  to  what  possibly 
B^  can  be  no  just  gn>und  for  con- 
X    what   was   dreaded  certainly 
*  V    '   .1   tiie   cotiventiun 

I  feel  uiy  mind^  nay,  I 

rn^taduiim,  tmn  r  1     t  (unvenlion  hud 
r  iaaieiiiblei),  and  jf  i!j  t     v^   i c  liny  persons 
Ibnned  dani;<ji:i     ^r  criminal  dc- 
Ibey  would    hnvr  1  .'jtjJ  their  views 
t»*!v ff isHir.itr<l  iiiif  ':  .n^jjoiuted.  When 
Jm>  '  It  waA  to  be  fi- 

ts were  to  be  pur- 
must  have  pre* 
td;  and  \prcs5ions,  and  all 

tii«l^,  fmUi,  and  iiiit.fn^»eratc  resolutions 
pfSHr9l9on»    vViich    had    been    before 
I   ^''  nished,  as  sound 


rifar 

the 


«-f.r 


When  brought 
they  would 
I  oolcr  men, 
,  which  the 
t  ever  com- 
em  that  the 
hirh     they 


rji*  ur.'ji. 

tiid   rr 

eomtitntion  under 
Jy  waiskl  be  but  ilJ^xchanged  for  anarchy 
oa  OQltfiiaioo ;  that  tiiis,  however,  would 
la  Iba  tod  eertaio  rv^uK  of  any  rash 
tfteaipl  Ut  (oiliflttule  annthcr  in  its  place ; 
tat  aoT  roqyiattc!  and  talutary  reforms, 
^Qokl  ba  best  attained  by  those  known 
«i  1«^  mams  which  the  conaitutton 
««tf  bad  fnfnM;    that  Vbm  deomod^, 


if  just  in  themselveap  would  ultin 
be  complied  with;  Ihalj  iu  ibe 
while,  they  shouM  learn  to  value  tl»al  pemcei^ 
security,  and  happiness  which  they  enjoyed; J 
and  not,  by  im]rAtient  and  inconsideratal 
Tiolencc,  tear  to  pieces  the  whole  fabric  of  1 
government,  and  involve  themselves  and  their  ( 
country  in  contusion  and  disorder. 

Reasoning:^  so  sound  and  ao  convincing^  J 
would  infaUibly  have  prevailed;  and  at  anj^l 
rate,  I  surely  may  at  least  say,  tliat  it  would! 
be  unfjiir  to  fortu  ;iny  unfavourable  conclusion  1 
MS  t.i  «lk;tt  would  liave  been  the  conduct  andi 
J  is  of  a  convention,  which  it  is  ad»l 

3  ver  did  assemble.  The  very  purpose] 

Qt  tins  mtcnded  coovention,  seems  to  haval 
been,  lo  know  and  to  collect  the  sentimental 
of  the  friends  of  reform  in  different  parts  of  1 
tl>e  kingdom ;  and  as  there  is  no  doubt  tha 
the  views  ^f  men  were  exceedingly  difiereui^J 
both  as  to  the  extent  of  any  lelorm  to  b 
sought,  and  as  to  the  manner  and  time  of  up  . 
plying  for  it,  so  I  thiok  it  would  be  unjust  lo| 
presume    tliat  the^  convention    would    havej 
come  to  any  Lrimlnal  resolutions;  and  sUJi 
more  nnjvist  lo  presume  that  every  set  ofnieiL 
who  thought  of  sending  delegates  to  that  con* 
vention,  had  no  other  view  nor  purpose^  Uiaaj 
to  supersede  the  llou^e  of  Commons,  and  t/§J 
assume  all  the  fimctions  and  powers  of 
assembiy. 

But,  gentlemen,  I  am  afraid  I  have  dweH 
too  long  uiWQ  this ;  and  I  should  not  haval 
ihouj'hl  il  necessary  to  say  so  mmh  if  wc  had  J 
not  this  day  heard  at  ssudi  length  of  the  prtM J 
ccedings  at  the  Globe  laveru,  and  at  Chalk« 
farm,  with  the  view  of  assFmilating  the  spirit 
and  purposes  of  those  meetings,  and  of  th« 
intendea  general  convention,   with   that  ol 
i^ome  of  me  meetings  and  societies  of  tha 
Friends  of  the  Peo[>le  in  this  country. 

For  this  reason,  I  thought  it  my  ilnty,  toJ 
trouble  you  with  the  observations  I  have  sug»  J 
gested,  m  order  lliatyou  might  not  be  apt  r 
lorm  loo  hasty  conclusions  j  tJiat  you  n  '  ' 
not  be  led  to  suppose  criminal  designs  wll 
the  clearest  proof;  that  you  might  not  trana^ 
fer  the  guilt  of  one  man,  or  of  one  set  of  men, 
to  another;  but  that  you  might  di^tinguibi)^^ 
and  carefidly  consider,  what  is  the  real  i 
and  amount  of  the  oflcnce,  and  whctlier  i 
the  being  guihy  of  that  offence,  U  broughl] 
home  lo  the  person  accused  ^ 

With  regam  to  the  prisoner  now  at  the  1 
he  wais  no  member  of  the  London  Corres 
pondr     ^         V,  nor  had  he  any  concern  uij 
the   I  >  cither  at  the  Globe  tav 

or  at  ;^  Hi. IV  1,1  111.     Indeed,  no  such  thing 
even  pretended  ;  and  ii*«  to  his  having  been  al 
member  of  that  meeting  called  the  BritLsl|| 
Convention,  which  assembled  at  Edinburgh 
in  December  last,  you  will  remeoiber,  tHal' 
this  day  when  I  opposed  the  admitting  any 
proof  of  that,  I  was  told  by  tlie  gcmtiemen  on 
the  other  side,  that  they  did  not  care  whether  y 
they  proved  Mr.  Downie  a  member  of  tiia^ 
British  CoDvcatioa  or  nut,  beca,v\^  «XV  W^rj 


143]         3i  GEORGE  IIL 

Vished  for,  was  to  hhow  you  wliat  llicy  wcrr 
piciised  to  call  the  genius^  ihe  spiril,  and  the 
views  of  thai  meetinp;.  In  short  they  did  not 
^niean  to  criminate  him  on  thai  accoiint ;  anfl 
indeed  they  could  not,  because,  in  the  prose- 
cutions before  the  court  of  justiciary  against 
certain  persons  for  having  been  in  that  con- 
vention, the  crown  had  adduced  Mr.  Downie 
as  a  witness  in  support  of  that  prosecution  ; 
and  having  there  given  his  evidence  fairly,  he 
could  not  be  himself  prosecuted  for  that  oi^ 
fence. 

After  having  laid  before  you  some  of  the 
proceiJing^i  of  this  British  Convenliou,  tlic 
next  thmg  endciivourcd  to  be  proveii,  was, 
that  after  this  convention  had  been  disperbetJ 
by  my  worthy  and  re  ^  pec  table  friend  the  lord 
provost,  in  some  place  where  they  had  ais- 
sen)bled  in  Edinburgh,  they  again  presumed 
to  meet  in  another  nUce  on  the  south  side  of 
the  town,  ami  whicfi  place  being  out  of  the 

i  jurisdiction  of  the  city  magistrates,  the  sheriff 
went  there,  and  again  dispersed  them.  After 
this  second  dispersion,  you  have  heard,  that  a 
number  of  these  people  went  to  a  Mason 
liodge  in  the  Canongate,  where  they  held  u 
fiort  of  meeting,  and  afterwards  once  or  twice 
Assembled  somewhere  else* — You  have  been 
farther  told,  that  there  was  formed  what  was 
called  a  Committee  olUnion^  consisting  of 
delegates  from  the  dilTerent  societies  of  the 
Friends  of  the  People  in  the  city  of  Edinburgh 
and  its  neighbourhood  ;  and  the  object  of  this 
committee  was,  to  carry  on  the  purposes  of 
fcform.  This  Committee  of  Union  being 
rather  numerous,  nametl  a  small  •sub-commit- 
tce,  which  was  called  the  Committee  of  Ways 
and  Means,  and  of  this  Committee  of  Ways 
and  Means,  Mr.  Downie,  the  prisoner  at  the 
bar,  was  a  member. 

Now,  gentlemen,  I  besj  leave  to  repeat 
a^ain  what  I  formerly  said, — that  I  have  no 
wish  or  desire  to  vindicate  those  attempts  to 
continue  such  meetings,  after  they  had  been 
checked  and  disapproveil  of  by  the  govern- 
nveot  of  the  country.  1  am  very  far  from 
commending  that  spirit,  and  you  raaj  lix  what 
blame  you  please  upon  it ;  hut  you  wilJ  take 
care  that  out  of  your  dislike  and  disipproba* 
lion  of  that,  you  du  nut  ^o  a  step  beyond 
ivbat  vou  ought  to  do,  and  connect  it  witti 

k  ivhat  it  luis  no  real  connexion,  1  mean  the 
triine  of  high  treason.  1  dare  to  say,  that 
Ihere  were  many  Friends  of  tlie  Fcoplc'in  tliat 
CoRiniittee  of  Union,  who  had  not  even  ao 
idea  of  employing  force  and  arms  against  Ihe 

.  c^overnment  of  the  country,  Ihcy  liad  it  im- 
V  '    ri  their  minds,  that  a  reform  was  nt' 

nd,  in  the  breasts  of  some  violeni 
^*  liut-,  ii)cre  might  -  -^ —  '-i  -vcn  crimi- 
nal designs ;  Lull  Uat  in  ttic 
§i-^;it  i..nJr,i,,,i.- .:,r  ,,,,.  ._.^  not  even 
ic  I                                   trying,  by  force  of 

ami  ii  lh<LV  wi^IiL'd.      As 


they  Qi9$t  co-tiUidjf  iiid  caccv^tugly  wrung;  j 


Trkl  ^f  Damd  Downie  f  1 44 

but  what  is  the  ainotujt  of  that  wrong  ?  Let 
it  be  punished  accoriing  to  its  degree  of  de- 
merit; but,  from  that  circumslancc  of  their 
iiiPcting  privately,  when  they  could  not  do  so 
publicly,  do  not  conclude  that  these  men 
were  inlrndmj^  high  tre^ison.  Do  not  confoumi 
two  things  which  are  perfectly  separate  a\id 
different.  Let  the  boundaries  of  crimes  he 
kept  clear  and  distiiKt.  Let  each  meet  with 
its  proper  punishment,  but  do  not  mistake 
one  for  another,  nor  construe  into  high  trea- 
son, an  offence  that  is  infinitely  less  criminal; 

It  will  not  be  ^aid,  that  any  proceedings  in 
this  Conimiltee  of  l^nion  were  more  culpable 
than  those  of  the  British  r.M  ■  '  ■.  which 
was  dispersed ;  and  you  ha\  Llcmcii 

that  the  measures  of  that  ^  .,,,.,. .ui  wTre 
not  construed  to  he  hi^h  treason,  M.irj^'Jirot, 
Gerrald,  and  others,  w^io  were  active  in  that 
conventiouj  were  brou^^ht  to  trial  before  the 
hij;h  court  of  justiciary  :  and  the  crime  charg- 
ed against  them  was  )»ot  treason^  but  only  mj- 
dition.  Had  it  been  treason,  we  should  nave 
heard  of  it  as  such ;  but  they  were  tried  and 
punished  for  sedition,  and  are  now  aurterinij 
the  punuhment  of  that  offence.  Nav,  farther, 
even  those  persons  concerned  in  the  proceed- 
ings at  the  Globe-tavern,  and  at  ^  '  "  im, 
if  they  had  been  supposed  guilt)  i* 

son,  would  have  been  prosecuttfl  au-i  mcd 
for  that  crime,  and  yet  no  such  thin^  has 
happened.  We  are  told,  indeed,  there  is  an 
intention  to  prosecute  them,  but  of  I  hat  you 
most  certiinly  have  no  evidence;  and  you 
have  no  right'  to  hold,  nor  conclude,  that  the 
members  of  this  Committee  of  Union,  were 
guilty  of  at  least  any  greater  offence, than  that 
%vhich,  in  the  members  of  the  liriiisli  Coa- 
vention,  was  found  to  be  only  sedition. 

And  here,  gentlemen,  let  us  attend  a  little 
to  the  evidence  regarding  the  Comtuillee  of 
Union,  and  the  Sub-corn miitce  of  Ways  ami 
Means,    The  fir^t  wiiin  '"    '  George 

Ross,  a  clerk  in  the   i  -*\   ami 

whokeplalsoa  kind  nt  uivirn,  svm.il  thetie 
committees  were  accustomed  to  muH.  Not 
havinc  been  a  member  himself,  he  is  not  cer- 
tain whether  there  were  two  committees,  or 
only  ou(*^  but  that  he  heanl  of  one  called  m 
Comiuittee  of  Ijnion  t  thai  he  has  sc^n  Mr. 
Watt,  Mr,  Stoke,  Mr,  M'Hwan,  Mr.  nownte, 
and  Mr,  Bon  throne,  present  at  th  >« 

and  that  Bomrlimcsa  greater  nui  d. 

cd.     He  mentions  that  he  reccivi  ir, 

Stoke  copies  of  a  letter  from  ihf;  kU 

ing  Society  at  LoiH^  ^, 

and  which  he  diii  io 

r     'V        >         •  nd 

ri 

Ul'  nj      -J-H.^      t>04 

th  III. 

n   '.  ':.« 

P,  of 

were  tiiJ^pcrscd,  iiraty  by  tliv  lord  pruvost^  ^Lud 


Jbr  ITigh  Trtaton* 


A*D.  1794- 


[I4fl 


i  Ir. 


r^fj 


-t^j 


m 


^  lie  says  the  object 
vvas^  to  keep  up  a 
It  societies  in 
lie  understood 
Ui  t  lo  be  for  the 
y,  in  order  to  (Hs- 
>^  coulmcled;  to  re> 
i  in  dlstreaa^  and  hke- 
^>i  Ds€9  of  sending  dole- 
Ato  In  a  Q^w  coQvimtion.  lie  says^  it  was 
GkcwiM  tfllked  of,  that  the  money  collected 
lou  to  bujr  political  publications;  and  that 
iM»lhe7  purpose  of  Uie  committee  was,  to  col- 
ha  the  »«i>IJments  of  the  friends  of  reform 
il  milblJUKie,  90  as  to  know  what  their  views 
qhj^cU  were,  some  dunking  universal 
too  violent  a  demand ;  aJid  a  good 
«if  *'  '   il;,  as  to 

Ifkawt' 

Tbc  tilu^)  wnij'j^v,  Nva-s  \*  uij.iiu  burning,  a 
tfhiw>ttiiatley,  a  i&cmber,  and  the  clerk  of  a 
WxaelxoftlM  Friends  'i  ?»•  ?*eopk  at  the 
"■        gf  Ltilh-     He  ,  that  about 

PQC^t  aftr  r  tlif  di'   thr    llri- 

Coo^et  IV 

■OdMLir  '  '  ,^.   ■    -  ■   •   m:,.     tic'e 

rfUfiioii.  the  object  of  which  was,  to  carry  on 
tlM|purpocc8  of  refonu,  by  an  application  to 
■KtiMsent.  He  re  mem  berg  also,  of  there 
Wuiga  coUeciur  appoinrcd,  whose  business 
«■%  10  a»lloct  the  &entunents  of  friends  as  to 
nhnm^  and  to  collect  money  for  the  rchef  of 
M    ^-*.  L%  and  other  *uch  personss  in  di*- 

t*  Kit  the  monc^  was  to  be  applied 

1;^  UM?  c<'[iimittee  of  rmon, 
'  Anibitf  M'Ewan,  the  fouilh  witness,  is  a 
<■'*'  ^  -'th  ind  a  member 
of  the  Peo- 
-  ..ic  uf  the  dele- 
uj  the  Committee 
I  iidcd  the  meetings 
I  the  house  of  George 
iluit  thid  Committee  of 
Vviom  €kmhQ  a  ^ub- commit  tee  of  seven,  and 
tliBt  th^te  were  Mr.  5luke,  Mr.  Burke^  Mr, 
Watt,  Btr.  Ailcheson,  Mr.  Downie,  Mr.  Ooii- 
,  and  bitntelt;  nnd  that  the'  busiuess  of 

\'  to  pay 
— *-,  lug,  and 

Mil  iniiiMa,  Is  WilUam  Bonlbrone, 

,  ^rv\  t  rr^^frihpr  of  the  society 

i^le  at   Broughtoii, 

ly  i>enl  delegates 

I,  and  tliat  he  was 

ewise  one  of  tlie 

^d  hifi  account  of 

c  the  same  with 

,  I 

uciibcs  uien- 

uer*  was  un- 

1  for  the 

ver  mo- 

10  i>t  under  the 

tAauunation  of  these 


■attht^^v 
if  a  aooety 

ptm  MOt  hjf  th;< 

Mf  thml  con 
U<rt. 


witnesses*  you  would  perceire,  gentlemen^  ^ 
that  the  prosecutor  put  Uh  questions  in  surJi  ' 
a  manner,  aa  to    !         '    ;  ',  '       i 

g;reatdeatof  w:  i' 

its  being  an  objtxi  ui  urmj  tuuinii[iLt.>j^  lu  rui* 
lect  money ;  but  I  tliink  1  can  nio^i  »ucces^  1 
fully  meet  him  upon  that  head ;  and  when,! 
you  shall  fairly  consider  the  evidence,  I  anp  { 
confident,  gentlemen,  that  you  will  be  of  n»y  j 
opinion.  f 

1  believe  you  will  rr udilv  admit,  that  thgi 
collecting  oftnoney  -'  cr  be  criminaVl 

or,  on  the  other  hau  y  innocent,  aqii 

cording  to  the  purpose  for  which  it  was  iutendn 
ed.  You  know  very  well,  that  for  a  numb^j 
of  years  past,  the  object  of  obtaining  a  reform^! 
has  been  pursued  by  many  societies,  in  manjf  1 
^r'  and  whde  it  ifT 

;  ]  and  coustitu^l 

iiuuai  iiu;;tu>^    HUJIU  f-Hii  m:  mj    rOOm    for  anj 

blame  or  censure.    Men  may  differ  in  opinion 
as  to  the  neccniUy  of  reform .  but  their  righ^ 
to  seek  it  in  a  Ic^at  way  cannot  be  qiieUioned^l 
In  order,  however,  to  carry  tbrnnf^h    and  t<f  j 
support  the  fuir  and  legal  appl  r  ihifH 

purpo*€^  a  fund  is  requisite  foi  .     ^  ^^#1 

unavoidable  expense  ;  and  accordmgiy^  cvtiri 
since  the  idea  of  a  reform  has  existed,  tlicrc' 
ba4^  nut  been  a  society  for  that  purpose*  in  anj 
part  of  the  khigdooi^  that  haj  not  coll^te4 
Mch  small  sums,  a,^  they  were  severally  ahj^  j 
to  contribute,  for  bearmg  their  share  of  that  | 
expense;  and  it  will  not  surclv  be  eitld,  tha|  1 
in  doing  this,  there  was  any  thing  either  en*  J 
minal  or  improper,  | 

But  you  wUl,  perhaps,  be  told,  centlcnricQ,  J 
that  in  this  Committee  of  Union,  ihe  collect*  j 
ing  money  could  be   for  no  such   fair  antt  ] 

:l 

.!..  i    ,    ...   '      '  :.,'■,      1   ■  'I     ■  ;     1  ,',  ;;i-- 

burgh  havmg  been  djspcr^d  by  tiie  civaI  maf  j 
gi^tralp,  M»  this  subsequent  meeting,  undef  I 
the  name  of  a  rommiltce  of  l'  nion^  could  ool  J 
have  *m  view  to  collect  money  for  ajjy  just  o^  | 
legal  purpose. 

I  rau&t  confess,  gentlemen,  that  I  do  pqI  J 
in  the  least  feel  citlw      *  Lice  or  Itie  forcfj 

of  this  reasoning.   '1 1  11  by  parharneial  j 

could  not  in  the  leaM  ut^^rct^^  prevent  nor  ren# 
dor  illegal ,  a  renewal  ol  the  application  in  4 
constitutional  way.     Are  these  people  to  h%  I 
held  criminal  for  thinking  that  they  were  a|  I 
liber  ly  to  apply  again  to  parhament  for  a  re*  j 
drcbs  of   llioi^c  grievances,  of   which    theyi 
thought  they  had  reason  to  complain  ?    Nay,  j 
further*  it  they  sliould   have  thought  that  aa  j 
applitation  to  the  House  of  Commons  was  in  J 
vain,  what  m'as  there  in  law,  to  hinder  theni 
lo  petition  the  king  ?    VVhat  is  there  lo  hin» 
der  any  subject  or  set  of  subjects  in  lbi»  I 
realm  to  petition  the  king,  if  Ihev  do  so  in  » 
dutiful  and  loyal  manner  I   I  hold  it  as  an  in*  I 
hcrent  principle  in  our  constitution,  and  £| 
will  mamtain  it  to  be  the    unquebtiooabl^ 
birthright  of  every  British  Bubject,  to  go  15^^ 
the  foot  of  the  thMiae,  and  dutifolly  to  ^etip^ 

L 


147] 


34  GEORGE  m. 


tion  his  «>vereiff:n.  This  has  been  mentioned 
AS  one  view  which  these  meetings  had  ;  and 
vrlll  it  be  sjiid,  that  this  could  be  criminal  r 
Can  any  one  presume  to  blame  this  ?  Or  to 
!  ^ay,  that  a  petition  lo  our  most  gracious  sove* 
Tcign  is  to  be  interpreted  into  a  design  to 
compeJ  and  coerce  hiro,  or  to  be  constnicd 
mto  a  treasonable  purpose  ? 

We  are  told,  inaeed,  that  a  reform  was  but 
the  ostensible  pretext ;  and  that  while  these 
flocieties  and  meetmgs  held  out,  that  they 
were  to  support  the  constitution,  as  estab- 
lished in  King,  Lords,  and  Commons,  yet  all 
this  was  no  belter  than  a  mere  dbgiiise,  and 
that  at  bottom,  nothing  else  was  meant,  but 
to  pull  down  the  king,  and  destroy  the  consti- 
lulion.  I  cannot  believe,  however,  gentlemen, 
that  sil  ting  as  a  jury,  you  will  think  yourselves 
entitled  to  form  any  such  conclusion,  in  the 
facp,and  directly  against  the  plain  meaning  of 
^ords,  and  the  fair  expressions  of  these  decla- 
rations. If  there  truly  was  any  such  wicked 
purpose,  it  could  only  be  in  the  secret  minds 
•»r  a  few  wicked  men,  enemies  of  their  coun- 
try :  and  I  am  confident,  you  will  not,  for  a 
moment  entertain  the  belief,  that  ttiosc  nume- 
rous |>er9ons  who  composed  these  different  so- 
cieties^ were  acting  throughout  under  a  mask^ 
and  had  nothing  else  in  their  view,  bat  the 
everthrow  of  the  constitution  and  government 
df  this  country.  I  will  be  bold  to  say,  yoti 
mre  not  warranted,  and  cannot,  in  good  con- 
iciencc,  allow  yourselves  to  give  effect  to  such 
Rn  idea,  nor  lo'pul  so  harsh  and  unfair  a  con- 
Atruction  upon  the  intentions  of  the  friends 
•f  reform,  m  opposition  lo  their  owd  clear, 
explicit,  and  solemn  declarations. 

And,  in  order  to  be  compleatiy  satisfied  of 
this,  I  must  request  you  will  attend  lo  the 
evidence  you  have  this  day  lipard,  as  to  the 
mmount  of  the  money  collected  by  this  com- 
mittee  of  Union,    All  the  witnesses  mention, 
^  that  it  wa^  ■' ^^'^T^lylriffmg,and  that  it  con- 
sisted chif  v  pence,  paid  at  the  meet- 
^kigs  by  the  ^.;.v.cx.i  members.    William  Bou- 
I  throne  in  particular,  says,  that  very  little  mo- 
I  »ey  was  collected,  and  that  the  whole  object  of 
I  the  collectioa  was,  for  discharging  some  triHing 
I  liebt  already  contracted ;  and  that  after  paying 
'  this,  the  rest  was  to  be  applied  for  relieving 
I  Win.  Skirving,  who  was  in  a  very  necessitous 
iituation  ftfiir  the  banishment  of  ber  hus- 
[  l>and ;  and  for  defraying  the  expense  of  send- 
ing a  delegate  to  a  new  convention.     The 
iirery  largest  sum,  if  it  eaii  dcirerve  the  name 
I  ©f  large  that  at  any^  into  the  hands 
^  of  the  committee  «.  surer,  was  15/. 
[sent  from  Perth  by  \.  c>.,  i  ...ular,  whom  you 
[  ikeard  examined  as  a  wttuess;    and  he  trliK 

•  IfCtXi.  t\i',i\  it  u^^w  rnTl*  rtrrl.   rin<l    '-.i-nl    '^.ili^'Jv  i\^r 
t 


la*i!jin*otv 

Heed  ia   cauipleuJy  (idiculyud.    It  W4&  cvi- 


Trial  of  David  Domig  [148 

dently  a  collection  for  no  other  purpose  what- 
ever, llian  to  defray  the  little  incidental  ejc* 
penses  attending  their  meetings,  and  for  giv- 
ing some  little  a»d  to  some  of  tTieir  friends  in 
distress,  such  as  the  wife  of  that  unhappy 
man  Skirving. 

That  was  the  utmost  extent  to  which  It 
went:  and^ou  will  attend  also,  gen tlemeD, 
to  the  description  and  situation  of  those  per- 
sons who  wen?  to  orerthrow  the  constitution 
by  force  and  by  arms.  Who  were  the  persons 
that  you  are  to  suppose,  were  carrying  on 
this  darinij  and  criminal  design  I — Yoti  hare 
seen  them  before  you  this  day;  'and  I  fancy 
you  will  admit,  that  they  were,  for  t>;e  moat 
part,  of  as  low  and  poor  a  description  as  ever 
were  protluced  in  any  place  whatever.  Where 
then  was  the  money  to  come  from  ?  It  coulcf 
not  be  from  these  poor  people  themselves ; 
and  therefore,  you  have  no  alternative,  but 
eillicr  to  suppose  thai  they  had  here  some 
secret  and  unknown  fond,  or  that  a  supply 
was  to  come  from  England  or  from  France  ; 
or  you  must  conclude,  that  no  treasonable 
destgn  was  ever  seriously  in  view,  and  that  the 
whole  has  been  a  mere  imagination  and  chi*- 
racra. 

Had  it  been  discovered,  that  these  people 
had  considerable  sums  in  their  hands,  or  had 
it  been  traced  out  that  they  had  supplies  from 
some  other  quarter,  or  in  short  any  fund  that 
could  look  like  bringing  about  so  great  an  ob^ 
ject  as  overturning  the  constitution,  there 
mi^ht  at  least  be  some  belter  colour  for  sup- 
posing such  3  design.  But  it  is  admittea, 
tfiat  there  is  not  the  least  reason  for  suppos- 
ing that  they  had  any  fund,  or  any  supply, 
excepting  what  they  collected  amongst  them- 
selves; and  when  yon  see  how  very  trifling, 
paltry,  and  incon&idcrahle  this  was,  I  presume 
you  Will  have  no  hesitation  in  being  fully  sa- 
tisfied, that  it  could  never  be  collected  for  the 
purpose  of  overturning  government,  and  that 
it  could  never  be  meant  for  anv  ihing  else, 
than  for  carrying  throagh  the  object  of  re- 
form in  a  fair  anu  constitutional  way, 

T  cannot  quit  this  subject,  without  taking 
notice  of  a  curious  circumstance,  which  coulS 
aol  escape  your  attention ;  I  mean,  the  person 
who,  we  are  lo  suppose,  was  employed  as  the 
ambassador  of  this  Committee  of  Uniooi  lo 
travel  over  the  country  in  order  to  form  asso* 
cifttion^  for  overturning  the  stale.  You  have 
seen  thi?.  saii'  '  iflor,  Mr.  John  I'airley, 
and  you  havi  n  examined,  and  from 

his  situation  in  me,  nis  appearance,  and  hit 
demeanour,  you  wiU  con^Jde^  how  Jar  lie  i» 

SUr*-     •'  -     «..r.Kf    fr-     -' •■-!  with  N» 

ill' I  t  man 

.1    I    ...  id 

id, 

try 

he 

cr 

.      .Un 

K  uig,  U»rd^;mdCauaffiOii:^  uiouc  coiuuiQU  ILUD* 


lo  accom- 
'  empire. 


jQf  High  Treason, 

WIS  the  reconipcnce  given  to  lliia 

ciitial    miaister,  this  nccociator,   who 

'i     the    latid,  in  order  to 

t  hines  ?  Why,  geiiU^men, 

icc,  Ujal  il  was  no  more 

s    sterling  I     Surely   the 

__        ^»*o»v  ^i  which  diplomatic  history 

liiniish  an  ex^unplc.    He  goes  from  place 

fruin    Mjrii  Iv    in    ^ik 

trnll  -      ;  ,_,  ,and  most 

lOUd  uo^ertakmgy  he  m  return  receives,— 
I? — ^I'hc  CDormous  reward  of  fifteen  shil- 
I. 

it,  gentlemen,  you  could  go  into  6o 
in  ioejiy  us  to  suppose,  that  such  a  per* 
Id  be  employed  on  such  a  mission^  and 
-  i  A  recompencc,  can  you  for  a  moment 
iTO  it  possible,  that  t  h  eCom  m  i  t  tec,  if  they 
had  entertained  such  wicked  and 
designs,  could  be  so  mad  and  so  ab- 
eotnist  to  him  so  iraportanl  and  dan- 
gaovt  a  ne^iation  ?  It  is  indeed  too  ridi- 
adous  to  »dmit,  even  for  a  moment,  of  your 
bdacl*;  ftod  affords  only  an  additional  demon> 
tffitaoOy  tkftt  the  holt  and  only  purpose,  which 
tiie  eocQtoittee  hod  in  sending  Fairley  was,  to 
ttOect  the  seniusenu  of  the  Friends  of  the 
?eopI»  as  to  the  extent  of  reform  in  which 
ihey  would  agree^  and  to  obtain  some  little 
|<cooiafy  '  >c  through. 

1  cooie  M  .  in  the  third  place 

Idcooiider  ta^i  piun  oi  seizing  the  Castle,  the 
bisk«t  ^^^^  other  public  offices  In  this  city ; 
«&d  which  is  held  out  in  the  indictment,  as  an 
eiffi  Act  of  caropassing  ut  imagining  the 
idcmili  of  the  king.  It  is  unnecessary  for  mc 
In  fc£oiicit  to  you  what  were  mentioned  by 


A.  a  1794. 


im 


Ibfl  wiiJie*'*-^  to  hint  lc€n  the  different  ob- 
jmU  «  ^1  have  heard  how 

ihnf  d*  ler  the  prisoner  at 

lite  \mt  httti  ioij  to  i\,  1  shall  aAer- 

wmh  c<vTT*  in  the  mean  while,  as  to 

the  ^Ui  Aiu  sure  ^^ou  will  agree  with 

ibe  lo  -,  that  it  is  one  of  the  most 

wiU,  fcb'uiU,  Liiid  un|«racticablc  schemes,  that 
€H9  cntirrcd  into  the  tnincl  of  even  the  most 
nd  could  never  seriously 
hy  any  roan  of  conmioD 


I;M«bceft< 

It  ts  iin( 
mke  JUiy  h^ 
lKiil««d  in 
lo  Witig  thr 

it 


I,  to  understand  or 
n,  A  firo  was  to 
lily;  and  this  was 
I  he  Castle,  Then 
ati<l  «eize  the  Castle , 
!ihc  offices  were  to  be 
the  whole  govern- 
iicre  were  the  peo- 
'  Have  you  any 
rce  ready  to  rise, 
•>  -  -  '  -     :!or 

IIS- 

.._  had 
lo  such 


'    "^ 


this  marvellous  i»lan  executed,  whereby  the 
government  of  tnis  country  was  to  be  taken 
ty  surprise?  It  was  to  come  from  Jiobody 
knows  where — and  to  be  done  by  Clod  knows 
whom,  ThisisreallysocomplettI  '  '  =, 
that  it  puts<»nc  in  mind  of  Mr.  J;  ^^ 

play,  who  fir^t  conceals  an  army  ni  iviiii:>us- 
fcridge,  and  then  brings  it  to  the  door  indis- 
guise.  In  short  it  is  a  mere  phantom,  gentle- 
men;  the  mere  dream  of  panic-struck  niinds;. 
It  is  a  scheme  so  whimsical  and  romantic, 
that  it  never  could  exist  in  the  mind  of  any 
person  whatever,  unless,  perhaps,  in  the  dis-* 
tempered  brain  of  the  unhappy  man  Watt^ 
who  was  condemned  ia  this  place  yesterday. 

Nay,  I  do  not  eveii  believe,  that  it  was  ever 
seriously  entertamed  by  him  :  and  X  must  be 
allowed  to  form  a  conjecture,  which  appears 
to  me  by  no  means  uostipportcd  by  proof. 
You  see,  gentlemen,  this  Mr,  Watt,  in  the  end 
of  the  year  1792,  and  during  a  considerable 
part  of  the  year  1793,  going  lo  the  lord  advo- 
cate, and  lo  Mr.  Dundas,  the  secretary  of  state, 
with  a  view  to  give  them  information  of  plots 
and  dangerous  meetings  in  this  countr)\  You 
find  him  giving  an  account  of  plots,  which 
never  had  an  existence,  and  giving  information 
of  the  disaffection  of  troops,  where  no  di&afiec* 
tion  had  ever  prevailed.  In  short,  you  find 
him  creating  imaginary  plots,  in  order  to  give 
himself  consequence  and  lo  obtain  money. 

Having  been  unsuccessful  in  these  attempts, 
and  still  desirous  of  pursuing  the  same  object, 
he  writes  lo  the  secretary  of  state,  and  like- 
wise  to  the  lord  advocate,  pretending  that 
he  wanted  1,000/.  for  a  man  who  could  make 
I  a  discovery  of  great  importance.    I  presume, 
?entlcmen,  you  will  be  satisfied,  tlial  if  there 
Bad  been  any  such  important  discovery  to  be 
made,  Mr,  VVall  would  not  have  failed  lo  bring 
it  to  light  or  to  produce  or  point  out  the  person 
who  could  disclose  it*    But  the  whole  was  i 
downright  fiction ;  for  neither  the  plot  nor  th  . 
man  existed,  nor  were  ever  more  heard  of_5^ 
and  Mr,  Watt  finding  that  he  could  neithe 
obtain  the  1,000/.  nor  get  some  post,  which  i|*l 
appears  he  had  likewise  sol  icilctl ;    and  l&nd<^f 
ing  all   his  efforts  ineffectual  and  abortive^/ 
he  then  goes   and    connects    luinself  inortti 
closely  with  the  Friends  of  the  l^eople;  an4j 
I  do  bcbeve,  that  if  he  had  known  or  found! 
any  persons  seriously  adopting  tliis  ndicidou*  j 
scheme  of  seizing  the  Castle,  ike.  he  would  I 
have    gone  to  the  lord  advocate,  and  hava] 
said,   "  Here    is  the  important  discovery  t| 
mentioned  to  you,  and  I  hope  I  bball  now  oh»J 
tain  my  reward/* 

In  snort,  gentlemen,  I  leave  this  conje 
turc  to  your  consideration  .  but,  forioy  owiti 
part,  I  cannot  help  tfiinkmg,  that  this  wild  ' 
and  ridiculous  plan  was  never  even  seriousl/  j 
Ihoucht  of  by  Walt  himself;  iiud  that  he  wa«^ 
merely  Iryin"?;  tt*  'iraw  weak  and  ignorant 
men  into  a  sceniiui;  adoption  of  it«  and  then,  j 
lo  make  a  sacnfitc  of  them  to  his  own  sordid  ' 
and  avaricious  views. 
But;  gentlemen^  I  have  really  oo  oe:asioti ! 


151J 


34  GEOUGE  HI. 


Trial  of  David  Downie 


[152 


to  inquire,  what  were  the  views  and  inten- 
tions of  Mr.  Watt  in  this  scheme;  for  unless 
you  can  connect  Mr.  Downie  with  the  plan. 
It  does  not  sigpify  what  it  was ;  and  you  will 
therefore  consider,  whether  there  be  any  evi- 
dence to  bring  it  home  to  him,  or  to  show  that 
he  bad  any  accession,  or  gave  any  approba^ 
tion  to  it. 

Tliere  are  only  two  witnesses  who  say  any 
thing  as  to  this,  and  these  are  Arthur 
M'Ewan,  and  William  Donthrone,  both  of 
them  members  of  the  Sub-committee  of  Ways 
and  Means;  and  who  were  both  present, 
upon  the  single  and  only  occasion  when  this 
plan  was  produced  by  Watt.  They  describe 
very  particularly  every  thing  that  passed  at 
that  time.  They  mentiou,  that  it  was  not  a 
regular  meeting  of  the  committee,  which  met 
only  on  fixed  nights  of  the  week ;  nor  was  it 
held  at  the  house  of  George  Ross,  wliere  they 
Alwavs  met.  It  was  an  accidental  meetine  at 
the  house  of  Watt  himself,  who  had  asKed 
them  to  come  and  take  a  glass  with  him,  with- 
jout  the  least  notice  or  intimation,  of  his 
having  any  such  plan  to  bring  under  their 
cx)nsideration. 

Now,  gentlemen,  there  is  one  circumstance 
liere  to  ht  remarked,  and  unon  which  more 
depends  than  you  may  at  nrst  be  aware  of, 
and  which  is,  that  there  is  not  only  no  evi- 
deuce  before  ^^ou,  there  ever  was  the  smallest 
notice  previously  given,  that  at  this  meeting 
in  Watt's  house,  any  such  plan  was  to  be 
proposed;  but  you  have  clear  evidence  to 
prove  the  very  reverse.  They  met  there, 
either  for  conviviality  and  pleasure,  or  at  least 
for  no  other  business  than  answering  or 
writing  some  letters  respecting  the  cause  of 
reform. 

At  this  meeting,  the  company  consisted  of 
Mr.  Stoke,  Mr.  Downie.  Mr.  M«Ewan,  Mr. 
Bonthrone,  and  Watt  himself;  and  while 
tliey  were  drinking  their  glass.  Watt  goes  to 
a  cabinet,  and  takes  out  a  paper,  which  he 
brings  in  his  hand,  and  reads  to  them,  with- 
out any  preface  or  previous  notice,  and  with- 
XMi  any  of  tliem,  or,  so  far  as  appears,  any 
person  else,  having  ever  heard  of  it  before.  I 
say  there  is  no  evidence,  nor  even  an  attempt 
to  prove,  that  any  of  the  company  ever  did 
hear  of  it  before ;  and  if  there  is  no  evidence 
that  they  ever  did  hear  of  it  before,  you  are 
most  certainly  bound  to  hold,  that  they  never 
did. 

In  this  manner,  you  have  the  paper  con- 
taining this  strange  plan,  brougnt  out  by 
Watt  from  bis  cabinet,  and  read  by  him. 
Whether  it  was  of  his  own  hand-writing  or 
not,  do«js  not  appear ;  but  it  seems  to  liave 
been  understood  to  be  his.  Now,  gentlemen, 
observe  what  passed.  Did  Mr.  Watt  enter 
seriously  into  a  discussion  of  this  plan,  in 
order  to  show  the  practicability  of  it,  to  ex- 
plain where  they  might  get  money  or  numbers 
to  support  it,  or  to  suggest  those  different 
means  by  ^^^<^h  it  might  be  accomplislied  ? 
liQ.    Not  a  single  s^UiRileof  soy  such  thing, 


but  all  at  once,  he  produces  this  mighty  plan* 
and  reads  it,  not  at  one  of  the  usual  meetings 
of  the  committee,  but  at  an  accidentaljmeeting 
at  his  own  house.  If  he  seriously  wished  for 
the  approbation  of  the  committee,  any  man 
in  his  common  senses,  would  not  have  brought 
it  forth  in  this  cxtraordinarv  and  unexpected 
manner ;  but  would  before  nave  had  it  in  his 
pocket,  and  have  sounded  every  member  indi- 
vidually, previous  to  his  producing  it  to  the 
whole,"^  assembled  together. 

And  you  will  particularly  remark,  what 
the  two  witnesses,  Arthur  M'Ewan  and 
William  Bonthrone,  tell  you  as  to  what  then 
passed.  M'Ewan  says,  he  immediately  ob- 
jected to  the  plan ;  and  that  Bonthrone  backed 
him,  but  that  Downie  said  nothing,  so  far  as 
he  remembers,  nor  Stoke. 

This  is  what  M'Ew^  says ;  but  Bonthrone 
mentions  more  particularly,  that  upon  hear- 
ing the  paper  read,  M'Ewan  said,  he  could 
not  approve,  nor  go  into  any  plan  that  was  to 
create  confusion,  and  to  shed  the  blood  of  his 
countrymen.  And  Bonthrone,  as  he  tells 
you  himself,  was  so  struck  with  the  thing, 
that  he  had  scarce  power  of  recollection  any 
farther  than  to  second  M'Ewan,  by  saying, 
No,  no ;  by  no  means.  He  farther  tells  jrou, 
that  neither  Mr.  Downie  nor  Mr.  Stoke  said  a 
single  word  upon  the  subject,  but  were  per- 
fectly silent.  And  both  M'Ewan  and  Bon- 
throne agree  in  this,  that  there  was  not  a 
word  farther  passed.  Mr.  Watt,  finding  the 
paper  thus  disapproved  of,  took  it  away  with- 
out any  thing  more,  locked  it  up  in  his  cabi- 
net, put  the  key  in  his  pocket,  and  said  not 
another  syllable  upon  the  subject. 

This,  gentlemen,  is  the  fair  amount  of  the 
evidence  of  M'Ewan  and  Bonthrone;   and 
upon  the  account  they  give,    which  is  the 
only  one  you  have  ot  wliat  then  passed,  I 
think  you  are  not  only  to  put  the  natural  and 
just  construction,  but  I  think  you  are  bound 
to  put  the  construction  most  favourable  for 
the  prisoner  at  tlie  bar.    Let  me  suppose,  that 
this  had  been  a  regular  meeting  of  the  com- 
mittee, and  this  paper  or  plan  was  brought 
forward  by  one  of  the  members,  after  which, 
without  being  supported  by  any  body,  it  is 
instantly  opposed  by  another  member,  and  his 
objection  immediately  seconded.    Now,  here 
then  is  a  meeting  consisting  of  five,  one  of 
whom  makes  a  motion,   which,  instead  of 
being  seconded,  is  immediately  opposed,  and 
that  opposition  as  immediatclv  backed.    The 
other  two  members  remain  silent ;  and  what 
is  the  conclusion  to  be  drawn  from  their  si- 
lence? Is  it  not  plainly  and  unequivooinT 
this,  that  they  do  nut  support  the  original 
motion,  but  concur  in  and  approve  of  the  op- 
position to  it } 

Had  not  Mr.  Watt,  the  mover  of  the  bun- 
ness,  fully  understood  this  to  be  the  case,  he 
would  have  called  for  their  opinions,  and  if 
thev  had  concurred  with  him^  he  would  have 
hacf  the  msyority.  But  he  either  was  not  st 
ail  scriousy  or  at  Icftst  found  he  could  g«t  M 


153] 


for  High  Treason. 


A.  D.  I't94. 


[154 


support;  and,  therefore,  vnthout  any  thin? 
more,  he  replaced  the  paper  in  his  cabinet,  and 
said  not  another  word  upon  the  subject.  Nay, 
ftrther,  had  not  Downieand  Stoke  totally  dis- 
approved, we  shotild  have  found  them  arm- 
ing in  support  of  the  scheme,  and  combating 
the  objections  of  M'Ewan  and  Bonlhrone, 
wliereas  they  at  once  acquiesce,  and  Mr.  Watt 
standing  single,  the  scheme  was  totally  re- 
jected. 

You  will  also  attend  to  this,  gentlemen, 
that  this  plan  was  never  agun  brought  for- 
ward by  Watt  at  any  other  time,  nor  upon 
aoT  other  occasion.  It  never  had  been  heard 
of  before,  nor  was  it  ever  heard  of  after ;  and 
Bonthrone  has  told  you,  that  he  never  con- 
ceived it  as  a  plan  proposed  in  a  serious  way, 
but  considered  it  as  a  kind  of  frenzy ;  and  he 
addf,  that  the  committee  never  would  have 
adopted  such  a  plan.  In  short,  this  ridicu- 
Join  plan  never  made  its  appearance,  except- 
ing upon  the  single  and  solitary  occasion 
which  has  been  mentioned ;  and  then  Mr. 
Downie,  in  place  of  acceding  orgivinj^any 
support  to  it,  did,  on  the  contrary,  acquiesce 
ana  concur  in  its  absolute  rejection. 

And  here,  gentlemen,  I  must  be  pardoned 
for  troubling  you  with  reading  one  other  pas- 
sage from  Mr.  Justice  Foster,  because  it  is 
exceedingly  applicable  to  the  particular  now 
aader  consideration.  It  is,  where  he  is  speak- 
ing as  to  what  the  law  holds  an  assent  to  any 
overtures  for  compassing  the  death  of  the 
king. 

He  says,  "  If  a  person  be  but  once  present 
it  a  consultation  for  such  purposes,  and  con- 
cealeth  it,  having  had  a  previous  notice  of  the 
design  of  the  meeting,  this  is  an  evidence 
proper  to  be  left  to  a  jury  of  such  assent, 
though  the  party  say  or  do  nothing  at  such 
consultation,  the  law  is  the  same  if  he  is  pre- 
sent at  more  than  one  such  consultation,  and 
dotii  not  dissent  or  make  a  discovery ;  but  in 
the  case  of  once  foiling  into  the  company  of 
oonspiraton,  if  the  party  met  them  acciden- 
laUy,  or  upon  some  indifferent  occasion,  bare 
concealment,  without  express  assent,  will  be 
but  misprision  of  treason." 

From  this  you  sec,  that  the  circumstance  of 
a  person  being  once  present  at  a  treasonable 
consultation,  and  there  neither  saying  nor 
doing  any  thing,  does  not  fix  a  crime  upon 
him,  unless  he  had  previous  notice  of  the  de- 
sign of  the  meeting;  but  if  a  person  be  pre- 
sent a  second  time  at  such  consultation,  he  is 
held  to  lie  himself  guilty,  unless  he  doth  ex- 
presslv  dissent  or  make  a  discovery.  The  law 
thereiore  is,  that  the  being  only  once  present 
at  soch  a  meeting,  without  there  giving  any 
express  assent,  does  not  infer  the  crime,  unless 
he  had  previous  notice  of  the  purpose  of  the 
meeting;  aud  I  am  sure  you  will  be  under  no 
diflicolty  of  applying  this  to  the  circumstan- 
ces of  tlie  present  case. 

You  have  most  satisfying  evidence,  that  no 
pi^^Hnis  notice,  nor  intimation,  nor  even  hint 
"f  nny  kmd,  was  ever  given  cither  to  Mr. 


Downie  or  any  one  else,  that  such  a  plan  or 
paper  was  to  be  brought  before  them.  It  was 
never  heard  of,  nor  mentioned  before,  but 
Watt  brought  it  out  upon  them  by  surprise. 
Nay,  farther,  gentlemen,  I  do  not  think  that 
the  matter  rests  merely  ujwn  Mr.  Downie's 
having  given  no  assent;  for  it  is  perfectly 
clear,  that  he  did  actually  dissent,  as,  instead 
of  giving  any  countenance  or  support  to  the 
plan,  he  at  once  acquiesced,  in  its  rejection. 
When  in  any  meeting,  a  proposal  or  motion  is 
made  by  any  member,  and  not  seconded  by 
any  body  else,  it  is  presumed  to  be  rejected 
by  all  the  rest,  even  although  none  are  at  the 
trouble  of  speaking  in  opposition  to  it ;  but 
when  it  is  actually  opposeu,  and  that  opposi- 
tion seconded,  then,  if  nobody  supports  the 
mover,  the  conclusion  that  all  the  rest  concur 
in  disapproving  of  the  motion,  is  certain  and 
infallible.  And  together  with  all  this,  you 
will  remember  what  an  idle,  absurd,  and  ridi- 
culous plan  this  was,  not  meriting  any  serious 
attention,  but,  as  I  think,  brought  forth  by 
Watt,  with  the  treacherous  design  of  inveig- 
ling and  ensnaring  others. 

I  might  here  otlcr  some  remarks  upon  the 
evidence  of  John  Fairley,  by  which,  tliere  was 
some  attempt  made  to  connect  Mr.  Downie 
farther  with  the  absurd  plan  of  seizing  the 
Castle ;  but  T  shall  reserve  saying  any  thing 
as  to  this  till  afterwards,  and  shall  now  beg 
leave  to  go  to  another  point,  and  which  is, 
the  making  of  the  pikes  or  arms,  those  horri- 
ble weapons  which  you  had  this  day  exhibited 
to  your  view,  and  cannot  be  presented,  with- 
out impressing  the  mind  witii  horror  and  in- 
dignation at  those  who  could  be  employed  in 
such  a  business. 

And  here,  gentlemen,  I  am  sure  I  need  not 
tell  such  intelligent  persons  as  you  are,  that 
in  trying  the  present  case,  you  are  carefully 
to  divest  your  minds  of  every  prejudice,  and 
to  lay  aside  every  impression  that  may  have 
arisen  from  your  hearing  of,  or  from  your  be- 
holding these  weapons. — ^I'here  are  many  ru- 
mours, also,  which  yuu  may  have  heard 
without  doors,  and  many  an  account  of  atro- 
cious plots,  that  never  had  an  existence.  It 
is  difficult,  I  know,  to  guard  against  the  influ- 
ence of  such  prepossessions;  but,  on  that  ac- 
count, it  becomes  only  the  more  your  duty  to 
be  watchful,  and  to  permit  nothing  but  the 
evidence  you  have  heard  this  day,  to  enter 
into  your  mind,  when  you  arc  entrusted  with 
the  life  of  your  fellow  citizen. 

In  what  I  am  thus  taking  the  liberty  of 
saying,  I  am  only  following  what  was  much 
better  expressed  by  the  honourable  judee, 
who  presides  in  this  court,  and  who,  in  his 
excellent  and  candid  charge  to  the  grand  jury, 
told  them,  they  were  not  to  allow  any  pre- 
possessions, nor  any  cxtraneoub  nmtter  what- 
ever, to  impress  their  minds  in  the  smallest 
dcKTCC,  but  to  throw  aside  all  prepossession, 
aim  to  consider  singly  aud  only  the  evidence 
that  was  brought  before  them.  This  was  tho 
wise  caution  the  honourable  judge  gave  tot&v^^ 


155] 


34  GEORGE  m. 


Trial  of  David  Downie 


[155 


Qd  jury,  and  I  hope  1  shall  not  be  thought 
doing  wrong,  \u  enueavourlng  to  impress  it 
upon  your  minds.  The  gmnd  jury  had  no- 
thing more  to  do,  tlmn  to  consider  whether 
there  was  sufhcient  ground  for  sending  the 
matter  to  trml ;  but  yoU|  gentlemen,  have  a 
much  more  important  charge,  for  you  have 
now  tlic  life  of  the  prisoner  in  your  hands, 
and,  in  dbcharginj;  Umt  moht  momentous 
duty»  you  musl^  an3  I  am  sure  you  will,  be 
careful  to  let  nothing  enter  into  ygur  consider- 
ation but  the  evidence  brought  before  you. 

With  regard  to  the  circumstance  of  mak- 
ing these  arms,  I  will  endeavour  to  state  to 
you  tbe  substance  of  the  evidence;  and  I 
trust  I  shall  do  it  fairly.  The  first  witness  is 
WilJiam  Urrotk,  a  smith,  who  was  a  member 
of  Uie  society  of  the  Friends  of  the  People,  at 
the  Water  of  Leith,  and  one  of  their  delegates 
to  the  CommiUce  of  Union. 

He  gives  you  a  history  of  these  pikes  frqm 
the  bcgimitng,  and  mentions,  thdt  being  one 
day  in  some  place  reading  the  newspapers, 
stmebody  there  said,  he  heard  arms  had  come 
down  for  the  Goldsmiths  hull  gentlemen. 
Upon  tbis,  some  other  person  said,  they 
should  apply  also  for  aniis;  but  thereupon, 
Mr.  Walt,  who  was  present,  said  they  would 
not  get  them,  but  that  he  knew  no  law  in  ex- 
istence to  hinder  them  from  getting  arms  for 
Iheroficlvcs,  Orrock  mentions,  that  then  the 
conversation  turned  upon  the  report  of  an  in- 
vasion, and  said  he  thought  he  could  make  a 
weapon  for  liimself. — There  the  matter  seems 
to  have  droppe<i,  but  Orrock  tells  you  tliat 
sometime  thereafter,  he  did  make  a  weapon 
for  himself. 

Orrock  next  tells  you,  of  his  being  one  day 
sent  for  by  Watt  to  come  and  speak  to  him 
in  the  house  of  Arthur  M*Ewan  at  the  Water 
of  I^ith,  and  he  then  told  Walt  what  kind  of 
weapon  he  had  made,  rpon  this,  W^att  said, 
a  dirterent  one  would  be  better,  and  accord- 
ingly Orrock  made  one  agrccuble  to  Watt's 
directions,  After  this,  he  brought  up  both 
tliat  which  he  had  made  for  himbclf,  and  that 
which  he  had  made  for  W^att,  to  the  house  of 
George  Ross  where  the  Committee  of  Union 
usually  met.  He  says  he  did  not  show  them 
to  the  Committee  of  Union,  but  that  there 
wats  another  room  where  others  wore  met,  and 
where  he  says  Downie  was  present,  To  tliis 
company  he  showed  those  weapons,  and 
somebody  made  a  drawingof  an  improved  form, 
and  he  says  he  was  desired,  ami  as  he  thinks, 
both  by  Wall  and  Downie,  to  keep  Ihatdrawfng 
in  his  view  in  making  any  more.  He  next  tells 
you,  that  after  he  had  left  the  room,  and  be- 
lore  he  quitted  the  house,  Walt  came  to  him, 
and  repeated  the  same  directions,  and  that 
Downie  was  then  along  with  Walt;  and  ho 
farther  says,  that  afterwards  Watt  came  to 
liim  at  his  own  hoi»-  ^sircd  bicn  lo 

make  towards  tlirc<*  «l.  i  m. 

r    .\VD,  Ukg- 
^*  ,  by  the 

Otiii'js  vi  i>ii.  V'l  attj  ijc  Luau^  i ounce n  pikes  of 


one  kuid,  and  one   of  anottier  kind,  and 

brought  them  all  home  to  Watt.  ti(K>n  ask* 
ing  payment,  W^att  said,  he  was  sorr>^  he  had 
not  money  then  to  give  him,  but  the  witness 
mentioning  that  he  needed  money  at  the  time> 
Walt  said,  that  although  he  had  not  tlien 
money  himself,  he  would  get  it  from  another 
persoD,  and  accordingly  he  wrote,  and  gave 
nim  an  order  upon  Downie  for  the  money ^ 
ivhich  was  l/,  2s.  Od.  This  order  did  not  in 
the  least  mention  what  the  money  was  for, 
and  when  Brown  went  to  Downie  and  got  the 
money,  he  tells  you,  that  he  did  not  sty  a 
single"  word  to  Downie  as  to  what  the  money 
was  for,  nor  did  Downie  ask  him.  It  was  an 
order  in  the  same  way,  as  if  Watt  had  beea 
borrowing  the  money  from  Downie. 

The  imrd  witness  is  Margaret  Whttecrosi^ 
who  was  maid  servant  inDownie*s  house  la&t 
winter  and  spring,  and  she  tells  you,  that  on% 
morning  she  saw  in  her  master's  dining-room^ 
somethmg,  which  the  prosecutor  would  have 
you  suppose  was  one  of  those  pikes.  She 
says,  that  the  night  before,  her  mastar  had 
been  abroad  at  supper,  and  was  rather  late  of 
coming  home.  \\' ith  a  candle  in  her  hand, 
she  opened  the  door  and  let  Inm  in,  but  she 
does  not  sav  that  she  perceived  any  thing  in 
his  hand,  althou|h,  surely,  one  of  those  pikes 
was  not  a  thing  that  could  be  hid  from  a  girl's 
eye  with  a  cantlle  in  her  hand.  Next  morninff 
early,  she  goes  into  the  dining  room,  and 
there  she  sees  something  lying,  which  she 
neither  touched,  nor  took  in  her  hand,  nor 
liardly  ever  looked  at;  and  Mr.  Downie's  sen 
came  out  of  an  adjoining  closet,  when  bo 
heard  her  in  the  room,  and  took  the  thing 
away.  She  says,  she  heard  her  mistress  allt  r- 
waids  call  it  a  dividing- knife.  But  she  never 
saw  it  either  before  or  after  the  time  t*he  men- 
tions, and  saw  it  then  so  very  slightly,  that 
she  is  exceedingly  indistinct  in  her  account  of 
It.  She  was  asked  whether  it  Wkis  like  anj 
of  these  now  lying  upon  the  table,  and 
that  she  could  say  was,  that  it  mij^ht  be  lih 
it;  although,  gentlemen,  none  ot  these  hav^ 
any  resemblance  to  a  dividing-knife;  and  In^ 
deed  they  arc  so  pecuhar  in  their  appearanca 
that  if  what  she  saw  in  her  master's  dining 
room  had  been  one  of  them,  she  could  not^ 
have  forgotten  it. 

Now,  genllemen,  you  will  consider  whethe 
this  can  fairly  be  held,  as  hxing  upon  Mr^ 
Downie  any  connexion  with  those  p'L'^' 
does  not  pretend  lo  say,  tliat  slir 
Downie  brmg  it  home,  nor  did  sh* 
him  have  it  m  his  hand,  nor  can  sh<_     >     liiail 
he  ever  knew  of  sucii  a  thing  hein     i 
house.    Can  you  believe,  that  if  j^  n  J 

one  of  those  pikes,  Mr.  Downie  v^  e 

been  so  imprudent  as  lo  have  left  it  in  the 
open  dini ng- root n'  And  ifil  had  be^n  one 
ofth..  '      ^'  ■       '  ^      ■    '      r 

givri  ^ 

to  V  J 
jnotc  f 


157] 


Jot  nigh  Trcasotu 


tnft  «iad  catiee«!!og  these  weapons,  it  ts  not  to 
b«  iktilvtft)^  tltat  n  inimbcr  of  them  would 
lui^e  hcen  found  there;  and  yet,  ^eatle- 
mctif  vDii  have  the  roost  satisfactory  evidence, 
ihtt  atihongh  a  strict  se^cb  was  tnade,  not 
»vii^  one  was  found  there, 

*     *  ■     I  and  Middleton,  the  two  sheriff- 
L  :  been  examined  as  witnesses,  and 

%D€y  win  d'^ee  that  none  of  the  pikes  were 
Imm^  en  Ikvwnie's  house.  Miadtcton,  in 
sajrs,  that  the  search  in  Walt's 
wais  made  upon  Thursday,  15th  May, 
i»n  i  w*  v.  f  at  DJghl  and  one  in  the  morn- 
;  u:  liic  search  in  Downie's  house 

*  n.  ery  next  day;  and  although 

I'lites  in  Watt's  house,  they  found 
I  wnie's.  Is  it  Hkely,  then,  gentle- 
ieB»  iliat  Mr  Downie  should  have  been  pos- 
tamA  ^jf  tho*»e  weapons,  and  yet  not  so 
liidi  '  <^  of  their  being  either  about 

wmv^  ■  juse.^ 

[  Bi^wn  tciJsyou,  that  all  those  which  were 
by  him,  he  carried  home  to  Walt, 
Agtio  made  by  Orrock,  were  seized 
Ihejf  were  still  in  Orrock's  own  posses- 
The  sheriff-officers  tell  you,  that  al- 
Jb  ibcy  made  the  strictest  search,  yet 
could  find  oo  such  thing  in  Downie*s 
Excepting^  therefore,  the  loose  and 
CTidence  of  Margaret  Whilecross, 
llie  iBtid«»^n*antf  you  have  nothing,  gentle- 
meOf  litat  t^ive  room  even  for  a  suspicion  that 
Miyooe  or  them  ever  was  tn  his  houses  and 
ifte,  mtA  only  SDeaks  of  what  she  tsaw,  as  a 
'og  lolaJly  unlike  those  pikes,  but  she  does 
prvlftirj  to  say,  that  she  ever  saw  Mr. 
borne,  nor  take  it  away,  nor, 
V  connexion  with  it  whatever, 
know  very  well,  that  gold- 
Downie,  generally  have  a 
"  ^hcir  own  house,  and  no- 
r  them  than  to  have  old 
'it I, i^r  such  arms,  from 
il  they  find  of  any 
filue.       vv  might    not   Mr. 

Duva^    Ri  have    some    old 

^nnpcm  in    :  ,  which  might  be, 

nlHlt  t-  ervant  alludes  to, 

^Mu  lie.     Why  upon  80 

Mcoi  inci  a  descrintion,  are 
foc  t»  it  was  actually  one  of 
ilMSe  (ms  who 

kpi^r  ,  swords, 

,  uni;  lU^LTLr'j  ij  uc  hard  and 

tj]d<^d,  to  from  thence, 

f  Ir^'*  •' *  "   '  lible  purpose. 

la  tftibn,  you  cau  lay 

l»i™^ , .,    .ague  evidence 


riiimeib 

Wc^   Doirzi 
BuHmdoa 


at  girl ;  and  Jis  lo  Uic  only  two 
'"I.  ilnnvh  itiid  Orrotf^.  it  must 
one  nor 
ininal  to 
!cnce  of 
smallest 


BrciWD  Hl\»  you,  thai  it  was  Mr.  Watt 
ikofi  wbo  emptied  uid  directed  him  to 


A.  a  179*.  [I5S 

make  these  pikes,  and  tliat  no  other  person 
ever  spoke  to  him  upon  the  subject.     He 
made  them  for  Watt,  and  when  they  were 
made,  he  carried  them  home  to  Walt.    Downtc 
was  nol  present  when  the  order  was  given^ 
nor  is  there  the  least  reason  to  suppose  that 
he  knew  any  th'mg  at  all  of  the  matter.    As  lo 
the  circumstance  of  Brown's  receiving  pay- 
ment from  Downie,  you  have  heard  how  i%_ 
happened.  Wall,  not  having  the  money  whe^  " 
Brown  pressed  for  it,  gave  an  order  upod 
Downie  for  it;  but  that  order  did  not  expreal 
what  the  money  was  for ;  and  Brown  expressij 
ly  tells  you,  that  he  neither  told  Downit 
what  it  was  for,  nor  did  Downie  ask  hin.. 
In  short,  it  was  nothing  more  than  the  Irifliii^ 
sum  uf  1/.  7m.  6(/.  which  Downie  advanced  fctfj 
Watt,  without  inquiring  or  knowing  what 
was  for ;  and  you  have  no  reason  lo  suppos- 
and  still  less  any  right  to  conclude,    that] 
Downie  knew  the  money  he  thus  advanced 
was  for  making  pikes. 

Any  thing  said  by  Brown,  therefore,  docs  no , 
in  the  most  distant  degree,  affect  Mr.  Downie  j 
and,  as  I  liave  shown  that  the  evidence 
Margaret  Whitecross  ought  to  be  totally  dls^l 
regarded,  so  there  is  nothing  else  remaining 
as  to  these  pikes  but  the  single  testimony  <  _ 
Orrock,  the  smith,  who  says  he  made  towards^ 
three  dozen  of  them  for  Mr.  Watt,  and  who 
you  will  remark,  having  been  thereby  an 
complice  in  that  business,  is  now  a  prisonef  1 
in  the  Cabtle  of  Edinburgh,  and  comes  betbral 
you  under  the  character  of  a  Socius  Criininix. 

I  have  already  stated  to  you,  gentlemen^] 
the  substance  of  what  this  Mr.  Orrock  sayi»j 
and  you  will  Judge  what  degree  of  credit  you 
can  give  to  his  evidence-  ^  ne  making  oft 
arms  at  all,  seems  to  have  originated  from] 
himself,  and  from  an  id^  that  other  people 
as  well  as  the  Goldsmiths-hall  genilemen 
were  entitled  lo  have  arms  in  case  of  an  inv^H 
sion.  He  accordingly  made  one  for  himself;! 
and  the  intercourse  afterwards  about  making  ] 
more  was  entirely  between  him  and  Mr,J 
Watt.  As  to  his  afterwards  bringing  up  two] 
to  George  Rose's,  and  showing  them  thcr 
one  evening  iii  a  company  where  Mr.  Downie  J 
was  present,  you  will  remark,  he  does  noti 
say  that  he  had  been  desired  to  do  so,  nor] 
that  he  had  any  sort  of  orders  for  these  pikes^l 
either  from  the  Committee  ot  Union,  or  fromj 
the  Sub-Committee  of  Ways  and  Means.  loi-] 
deed,  you  have  not  the  least  evidence,  tliat] 
cither  of  those  coraniiltecs  did  cverautho-l 
rize  any  such  thing,  or  know  any  ihingj 
about  the  making  these  weapons :  and  yoiftS 
have  not  only  no  evidence,  but  you  have  not! 
even  the  shadow  of  reason  to  suppose,  thafj 
Mr.  Downie  evet  heard  of,  or  knew  any  thi]  ^ 
about  the  pikes,  till  they  were  accidentally  j 
brought  in  the  way  I  have  mentioned,  andj 
shown  to  the  company  in  wtiich  he  happen 
to  be  at  Ross's, 

The  circumstance  of  some  one  in  the  com- J 
pany  taking  out  n  pencil,  and  sketching 
teller  fornii  might  just  as  readily  he  " 


159] 


34  GEORGE  IIL 


T4qI  of  David  Dawnie 


[160 


amiiflement  as  from  any  thing  else ;  aiid  the 
desiring  Qrrock  to  keep  that  sketcli  in  liis 
view,  might  easily  happen  in  the  8ani(e  way. 
It  is  certainly  no  material  circumstance 
against  Downie,  that  he  should  chance  a 
little  while  after,  to  be  in  a  passage  in 
Ross*s  house,  when  Watt  repeated  something 
of  the  same  kind  to  Orrock ;  and  it  is  of  great 
importance  for  you  to  remarky  gentlemen, 
timt,  excepting  upon  this  single  occasion  at 
George  Ross's,  there  is  not  so  much  as  a 
word  in  the  evidence,  cither  of  Orrock,  or  of 
any  other  witness,  which  can  tend  to  sliow 
that  Mr.  Downio  gave  any  orders,  liad  any 
concern,  or  knew  any  thing  whatever  regard- 
ing those  pikes.  In  short,  if  ^ou  are  to  fix 
any  euilt  upon  him  as  to  this  business,  it 
must  t>e  founded  on  the  solitary  testimony  of 
Uiis  Mr.  Orrock,  swearing  to  casual  words 
passing  at  a  tavern  meeting,  where  Mr. 
Downie  happened  to  be  present. 

You  will  also  have  it  in  your  view,  gentle- 
men, that  the  law  does  expressly  require  either 
two  lawful  witnesses  to  each  overt  act,  or  one  of 
them  to  one,  and  the  other  of  them  to  another 
overt  act  of  the  same  treason.  Mow,  even 
supposing,  that  this  circumstance  as  to  the 
pikes,  could  be  held  an  overt  act  of  the  treason 
nere  charged,  which  I  tnibt  I  shall  show  you 
it  cannot  DC  ^  and  if  you  are  satisfied  also, 
that  Orrock  is  the  sing^lc  and  only  witness, 
whose  testimony  tends  in  the  least  degree  to 
afiect  Mr.  Downie,  then  I  maintain,  that  this 
is  not  such  evidence  of  an  overt  act,  as  the 
law  demands.  He  is  but  a  single  witness, 
and  I  am  sure  he  cannot  be  held  a  lawful  or 
unsuspected  witness,  because  lie  is,  by  his 
own  confession,  an  accomplice,  or  sochti  cri- 
minii\  and  if  the  gentlemen  nn  the  other  side 
should  tell  me,  that  one  witness  is  sufficient 
to  prove  this  overt  act,  because  there  are  other 
overt  acts  proved  by  other  witnesses,  I  give 
them  this  clear  and  satisfactory  answer,  that 
I  flatly  deny  these  other  particulars  to  be  in 
any  decree  such  as  can  by  law  be  held  overt 
acts  of  the  species  of  treason  whidi  is  here 
charged,  of  compassing  or  imagining  the 
death  of  the  king.  1  Batter  myself  that  I 
have  already  satisfied  you  of  this;  and,  if  I 
liavc,  then  this  as  to  the  pikes,  even  suppos- 
ing it  an  overt  act,  which  I  shall  im- 
mediately show  you  it  was  not,  it  rests  solely 
upon  the  evidence  of  Orrock,  a  single  wit- 
ness, and  one  very  far  from  being  beyond 
suspicion. 

And  here,  gentlemen,  permit  me  to  entreat, 
|hat  you  will  calmly  consider  this  business  as 
to  the  pikes,  and  not  let  yuur  minds  be  im- 
pressed by  their  frightful  appearance,  nor  be 
flurried  away  by  supposition  and  conjecture. 
Take  every  circumstance  into  your  view,  and 
then  let  me  ask.  If  you  can  really  conceive, 
that,  in  making  these  pikes,  there  cuuld  be 
any  serious  object  or  purpose  of  overturning 
the  constitution  P  Who  were  to  use  them  r 
Itad  the  Committee  of  Union  adopted  them? 
By  no  means.    For  M*£wui  ani)  fionUuone 


not  only  say  no  such  thing,  but  they  in  direct 
terms  tell  you  that  they  never  heard  of  arms. 
Did  either  the  Committee  of  Union  or  the 
Sub-cominittee,  know  of  the  making  these 
pikes,  or  order  them  ?  No,  they  knew  nothing 
of  them. — You  liave  not  only  no  evidence  of 
their  knowing  of  them,  but  you  have  evi-. 
dence  that  they  did  not. 

If  evidence  liad  been  brought  before  you, 
gentlemen,  that  these  committees  had  expli- 
citly resolved  to  levy  war  to  overturn  the  go- 
vernment, and,  in  pursuance  of  this,  had  or- 
dered these  pikes  or  other  arms  to  be  pre- 
pared, there  might  then  have  been  at  least 
some  better  colour  for  the  charge.  But,  gen- 
tlemen, you  have  no  such  proof  before  you ; 
and,  on  the  contrary,  the  very  members  of 
tliese  committees  who  have  been  examined  as 
witnesses,  do  expressly  swear,  that  they  had 
no  hostile  intentions,  and  that  they  gave  no 
onlers  for  arms,  nor  knew  of  any  being  pre- 
pared ;  and  if  this  be  the  evidence,  are  you  to 
give  way  to  mere  suppositions  and  conjec- 
tures ?  are  you  at  liberty,  gentlemen,  to  ima- 
gine and  fancy  plots  and  treasons  without 
proof,  and  to  presume  these  weapons  intended 
for  a  wicked  purpose,  without  so  much  as 
evidence  that  any  such  wicked  purpose, 
was  ever  formed? 

Consider  also,  I  pray  you,  what  was  the 
amount  and  number  of  the  pikes  that  were 
made  ?  Towards  three  dozen  were  made  by 
Orrock,  and  about  fourteen  bv  Brown.  In 
short,  the  number  of  the  whole  did  not  ex- 
ceed fifty ;  and  where  was  the  fund  to  defray 
the  expense  of  making  more?  Watt  had  not 
money  to  pay  even  the  fourteen  made  by 
Brown ;  and  as  to  the  money  belonging  to 
the  committees,  you  have  seen  that  it  was 
not  only  trifling  and  scanty,  but  farther,  tliat 
the  committees  had  no  concern  with  these 
pikes,  and  never  either  ordered  or  knew  any 
thing  about  them.  It  was  Watt,  and  Watt 
alone,  who  ordered  them ;  and  it  seems  to 
have  been,  from  beginning  to  end,  one  of  hie 
own  wild  incoherent  absurd  chimeras,  or  very 
likely,  a  trcaclicrous  and  perfidious  design,  to 
forward  his  own  avaricious  views.  Even  if 
lie  could  liavo  got  funds  for  making  a  greater 
number  of  these  pikes,  he  neither  had  nor 
could  have  got  persons  who  would  use  them 
towards  any  hostile  purpose ;  and  to  suppose, 
\  therefore,  that  these  pikes  could  be  prepared  for 
I  the  criminal  and  wicked  purpose,  of  overturn- 
ing the  constitution  of  Great  Britain,  is  as 
ridiculous  and  extravagant,  as  to  imagine, 
that  his  foohsh  and  unmeaning  plan  ot  sei- 
zing the  Castle  uas  ever  seriously  enter- 
tained. 

Having  said  so  much  as  to  tliese  pikes^ 
there  is  another  particuUr  as  to  which  you 
had  a  number  of  witnesses  examined,  and 
whidi  is  the  advertisement  respecting  the 
Fencibles.  At  the  same  time,  1  do  not  think 
it  necessary  for  me  to  trouble  you,  with saviqg 
much  upon  it.  You  will  remark  that  there 
is  no  mention  whatever  of  it  in  the  indicl- 


161] 


for  High  Treason. 


A.  D.  1794. 


[162 


meni;  and  yet,  by  the  statute  of  king  Wil- 
h'jm,  it  is  in  tlie  most  direct  terms  enacted, 
••  That  no  evidence  shall  be   admitted    or 

Eiven  ot'any  overt  act,  that  is  not  expressly 
lid  iu  the  indictiueut  against  any  person  ur 
persons  whj lever." 

it  is  perfectly  clear,  therefore,  thit  this 
canuot  be  admitted  nor  founded  upon  as  an 
oven  act,  because  it  is  not  laid  nor  mentioned, 
iu  the  indictment ;  and  indeed,  a  nionient*s 
reflection  muist  at  once  satisfy  you,  tlrat  even 
u  it  had  been  set  forth  in  the'  indictment,  the 
very  circum&t.ince  itself  could  never  come 
under  the  description  of  an  overt  act  (if  the 
treason  charged.  Indeed,  I  think  it  was 
most  improperly  introduced  by  the  prosecutor 
and  it  ought  to  meet  with  no  regard  or  atten- 
tion from  you. 

As  to  the  paper  itself,  you  heard  it 
read,  and  it  certainly  was  of  an  improper  na- 
ture, and  such  as  I  cannot  by  any  means  seek 
to  justify ;  but  improper  and  even  criminal  as 
jxAi  may  view  it,  you  will  consider,  in  the  first 
piace,  huw  Ur  it  is  brought  home  to  the  pri- 
aooefy  and,  in  the  next  place,  what  of!cnce  it 
tdouuis  tu  ?  You  have  no  evidence,  nor  in- 
deed has  it  been  attempted  to  be  proved,  that 
Mr.  Downie  was  the  author  of  it ;  and  as  to 
his  bavins;  any  concern  in  dispersing  a  few 
copies  of  It,  L  am  sure  that  this,  however  im- 
proper, cannot  with  any  reason  be  C4>nnccted 
with  a  charge  of  compassing  the  death  of  the 
kiaig.  To  Mduce  any  of  his  majesty's  kbrces 
fran  their  duty,  is  certainly  criminal;  but  it 
cmoot,  in  the  eye  of  law  or  of  common 
^ense,  be  deemed  liigh  treason.  I  am  con- 
adeDty  gentlemen,  you  will  consider  the  mat« 
ter  in  ibb  light,  and  will  throw  this  particular 
CDtirely  out  of  your  view. 

1  had  almost  tbrgot  to  take  notice  of  the 
evidence  of  John  Fairley,  the  gentleman 
wauax  I  had  occasion  to  mention  to  you  for- 
Berly,  as  the  ambassador  sent  through  the 
CMiutry,  by  the  sub-committee  of  Ways  and 
Means ;  but  I  do  not  think  it  will  be  requisiitc 
for  me  to  detain  you  with  many  observations 
Lpon  wliat  Mr.  Fairlcy  says. 

He  in  substance  tells  you,  that  he  was 
ffotng  upon  a  visit  to  his  sister,  who  w:ism;iid- 
cervant  in  a  gentleman's  family  in  Stirling- 
shire :  but,  wTietlier  that  was  the  real  inteu- 
LK»a  of  his  journey  or  not,  is  of  no  consr(|U(;nce. 
Ue  was  employeii,  at  the  same  time,  to  vibit 
ine  friends  of  reform  in  different  places,  in 
c^r  to  know  what  were  their  sen  ti  men  Is ;  to 
inquire  whether  the  cause  was  prospering  or 
4i<.ca>ing ;  to  know  who  were  attached  to  it ; 
t>  learn  what  correspondence  might  be  kept 
up,  and  what  money  might  be  expected. 
iLe^e  were  the  sole  objects  for  which  Mr. 
iaiTtey  was  employed  by  the  committee ;  and 
irym  what  you  saw  of  this  same  ambassador, 
I  ca&QOt  doubt  you  will  be  satisfied,  that  if 
i&y  thing  really  criminal  had  been  in  the  view 
4?  the  committee,  he  was  not  the  person, 
«ham  they  wuuld   have  chosen  to  entrust 

vjtb  tuch  a  negociation.    Nay,  even  if  the 
VOL.  XXIV. 


committee  had  been  so  absurd,  I  do  not  think 
the  Friends  of  the  People  at  a  distance,  would 
have  been  so  wanting  in  common  sense  and 
prudence,  as  to  liave  committed  themselves 
to  him,  or  to  listvc  entrusted  him  with  any 
treiisonable  secn't. 

But,  while  the  inquiries  I  have  mr.ntioni>d, 
were  ail  which  the  commitloe  liad  in  view;  yet 
it  appears,  from  what  Fairley  says,  that  he  ro- 
ceivcd  some  other  insli  notions  from  Mr. 
Watt,  and  I  beg  you  will  allciid  to  the  manner 
in  wliich  those  wore  given  him.  From  thq 
committee  he  received  no  other  instructions, 
but  to  m.ike  the  uiquiries  I  have  already 
mentioned  ;  and,  indeed,  the  committee  had 
no  other  object  in  view.  It  was  a  perfectly 
fair  object;  for  it  had  no  other  intent  than 
carrying  on  the  cause  of  reform,  in  a  legal 
and  constitutional  way ;  and  Fairley  was  to 
get  from  Mr.  Downie  thirty  shillings  of  the 
money  belonging  to  the  committee,  in  order  to 
defray  the  expense  of  his  journey.  Thus  far, 
the  matter  was  the  business  of  tlic  committee ; 
but  Mr.  Watt  desired  Fairley,  before  he 
should  set  out,  to  call  at  the  shoo  of  one  Mr. 
Campbell,  where  there  would  be  lying  for 
him  a  parcel  which  he  was  to  carrv  along 
with  him.  Fairley  accordingly  called  at 
Campbell^,  and  having  got  the  parcel,  set  out 
jon  his  jdiuney. 

I  think  Fairley  said,  that  Watt  desii^ed  him 
not  to  open  the  parcel,  till  he  should  come  to 
Stirling,  or  some  other  place,  and  accordindv 
Fairley  obeyed  this.  When,  however,  he  did 
open  the  parcel,  he  found  there  a  paper  of  in- 
structions written  by  Watt,  and  which  men- 
tioned the  foolish  plan  about  seizing  the  Cas- 
tle, and  other  things  of  the  hke  kuid.  This 
paper  of  instnictions,  however,  had  never  been 
read  to,  nor  seen  by  the  committee,  but  was 
entirely  the  opemliou  of  Mr.  Watt  alone. 
From  'what  Fairley  says,  and  from  the  evi- 
dence of  Dr.  Forrest,  you  sec  how  little  en- 
couragement any  such  wild  plan  met  with 
from  the  Friends  of  Uefurm  at  Stirling;  and, 
indeed,  they  seem  to  have  been  spoken  of 
there  only  in  the  slighlost  manner ;  fur  Dr. 
Forrcbt  tells  you,  that  I'.iirlcy  expressly  said, 
the  purpose  for  which  he  had  been  sent  hy 
the  (-(anmillee  of  Edinburgh,  w;is  in  onlor  to 
coiled  some  uioney  for  Mrs.  Skirviiig,  and 
other  tViends  that  \*  ere  in  distress. 

Fruni  Stirling,  Mr.  F.iirlcy  proceodid  to 
Glasgow,  Faisley.and  other  places,  and  then 
returned  to  Fdinhui^h.  When  he  tame  to 
town,  he  wont  lir>t  to  his  t  ither'a  house, 
and  then  wvui  to  iho  cuinmittir,  il  hap- 
pening to  he  a  nis^lit  on  wliicli  he  knew 
they  usually  uicl.  \\  U^n  ht:  went  llieie, 
he  found  \Valt,  DiwiiiL-,  and  M^Kwaii. 
1  do  not  recollt:<l  if  h''  nicnlionod  any  body 
else;  and  you  will  particularly  remark  what 
then  parsed.  Had  Ihr  paper  of  inblrnclions 
been  iriven  to  him  by  the  toinmittee,  or  by 
authority  of  the  conimiltee,  surely  the  tir.st 
thing  would  have  been  for  them  to  inquivi^ 
what  he  had  dune ;    and  he  would  Ivwvi  wv 


IGS] 


(^^  GEORGE  111. 


Trial  of  David  Dowuie 


[164 


mediately  puMcd  out  the  paper  from  bis  pocket 
and  have  given  a  lull  accoanl  of  the  success 
of  hi«  negodation,  la  place  of  this,  what 
bappens  ?  He  tells  them,  that  he  found  the 
friends  of  reform  in  general^  hearty ;  and  he 
mentions  every  thing  he  had  met  with  re- 
specting the  objects  which  the  committee 
had  in  view;  but,  instead  of  producing  the 
paper  of  instructions,  which  he  had  received 
from  Mr,  Watt,  he  keeps  it  snug  in  his  pocket, 
never  brings  it  out,  nor  says  a  single  word 
a^oiit  it,  during  the  whole  evening.  Nay.  far- 
ther, he  tells  you,  that  be  never  produced 
them  to  the  committee,  either  then  or  after- 
wards, but,  in  a  day  or  two  after,  gave  them  to 
Mr.  Watt  himself. 

Nothing  surely  can  more  clearly  demon- 
strate^, ttiiit  the  committee  had  no  knowledge 
of,  nor  any  concern  with  these  secret  instruc- 
ligns.  They  were  purely  and  solely  the  ope- 
ration of  Mr.  Watt  himself;  and  as  they  came 
from,  so  Uiey  were  given  back  to  him  alone, 
viihout  the  committee  knowing  any  thing 
abottt  the  matter.  In  Questioning  the  witness 
indeed,  a  good  deal  ot  weight  was  attempted 
to  be  laid  upon  the  circumstance  of  this  pa- 
per of  instructions  nmning  in  the  name  of  the 
committee,  and  also  upon  the  money  given  to 
IVirley  being  out  of  the  fund^  of  the  com- 
mittee ;  but  I  am  confident  you  willat  once  see 
that  there  is  nothing  in  tins. 

Mr.  Walt  would  no  doubt  choose  to  make  the 
paper  run  in  that  way;  but  his  having  chosen 
to  do  so,  will  never  make  that  the  paper  of  the 
committee,  unless  there  be  clear  evidence  that 
they  knew  and  approved  of  it,  Now,  there  is 
not  only  no  evidence  of  this,  but  there  is  most 
satisfactory  evidence  of  the  contrary,  And  as 
lo  the  money,  itis  perfectly  clear,  that  although 
men  by  the  commiltee,  vet  it  was  only  for  the 
lair  purposes  which  they  had  in  view  in  sending 
ralrley,  and  not  for  any  secret  and  criminal 
purposes*,  such  as  those  of  Mr  Watt  U  was 
otdy  thirty  shillings,  of  which  Falrley  having 
expended  but  fifteen,  he  offered  back  the  re- 
mainder ;  but  the  commiltee  allowed  him  to 
keep  it  for  his  trouble. 

In  short,  gentlemen,  it  isevident,  that  there 
VfCTC  two  dUferent  purposes,  or  two  separate 
p:irts  of    Fairley's  nii>sion,  and    you  ought 
I  carefully  to  distinguish  between  them-    The 
^  one  was  a  perfectly  fair  and  a  blameless  pur- 
^pose;  and  it  was  to  innuire  what  were  the 
•*cntiments  of  the  fricnus  of  reform,  and   to 
I  know  wh>it  money  might  be  obtained  for  car- 
•ryipg  it  on,  in  a  legal  and  constitutionsil  way  ? 
I  This  was  the  sole  object  of  the  committee, 
and   the  only  purpose  tl        '    ^   -       -, »  .  i 
•  rairley.    The  other  wsis 
Watr*  ow^n,  kr--t    t..i  Ji 
'  roinmiUoe,  ai 
^can  be  in  no  ti-  ^  ^ 

►eruuinal  and  wicked  d 
^guilt  uj»ou  hiniself,  bui 
Pt<*  any  other  person  who>ie  >itci;A^ioii  \o  and 
'iipprobation  of  it,  b  not  fully  tnd  cleat ly 
^frovcd*    The  trilliug  turn  given  by  the  com- 


mittee to  Faifley,  is  of  itself  a  proof,  that  lltey 
could  not  have  any  thing  cnm\nal  in  view; 
and  you  will  remark,  Fairley  enpressl^' swears, 
tliat  he  never  heard  of  the  plan  of  seizing  the 
Castle.  &c.  from  any  body  but  Mr.  Watt. 

And  now,  gentlemen,  having  offered  yovt 
these  observations  upon  the  evidence,  I  will 
beg  leave  shortly  to  remind  you  of  what  I 
stated  as  to  those  principles  of  law,  which 
apply  lo  the  present  case,  where  the  crime 
cWged  is  that  species  of  high  treason,  the 
compassing  or  imagining  the  death  of  the 
king. 

It  has  long  been  the  boast  and  the  glor^ 
of  the  law  of  England,  that  of  all  species  of 
guilt,  that  of  treason  has  been  defined  with 
the  most  scrupulous  exactness.  It  was  fa 
this  great  purpose  the  statute  of  Edward  3rd 
was  passea;  and  as  often  as,  in  succeeding 
and  arbitrary  reigns,  new  treasons  had  been 
created,  these  were  a^a,  in  better  time«,  re- 
pealed, and  the  law  of  treason  brought  back  tA 
the  sundard  of  that  ever  to  be  revered  statute. 
It  is  the  great  bulwark  of  our  liberty,  and  the 
mighty  protection,  under  the  shield  of  whkb| 
the  subject  is  secured  against  the  violence  or 
injustice  of  stale  prosecutions. 

I  stated  to  you,  and  I  supported  it  by  hig)i 
and  unauestionablc  authorities?,  that  althougfi 
a  conspiracy  to  levy  war,  has  in  some  cases 
been  by  con'-tmction  held  to  amount  to  the 
crime  of  compassing  and  imagining  the  death 
of  the  king,  yet  this  has  been  admitted  only 
in  certain  circumstances,  and  a  line  of  distinc* 
tiou  has  been  taken,  and  the  utmost  aniiety 
shown,  to  prevent  the  carrying  constructive 
treason  beyond  due  bounds.  That  distmctlon 
has  been  taken  from  the  object,  or  purpose  of 
the  conspiring  to  levy  war.  Where  the  pur- 
pose was  sucn  as  directly  and  necessarily  lo 
affect  the  life  and  safety  of  the  person  ^f  th« 
king,  it  has  been  held  to  amount  to  a  com-^ 
passing  or  imagining  his  death.  W^here^  on 
the  other  band,  the  purpose  has  been  to  obfain 
some  reformation,  witnout  pursumg  the  due 
methods  of  the  law,  then  the  mere  purposing 
or  designing  to  levy  war,  for  that  end,  has  iia| 
been  held  high  treason. 

This  is  the  hne  of  distinction,  and  these 
the  boundaries,  which  the  wisdom  of  the  law 
has  marked  out.  To  transgress  these  boim- 
daries,  and  to  overleap  them,  would  be  to  con- 
found the  nature  of  crimes;  anil  would  be 
giving  a  fat;* f  i«Ie  blow  to  the  se- 

curity and  111  icct    In  the  pfro* 

grcss    of  huiniui  iiay 

spring  up,  that  m  i  U* 

^— ■■-■■■•- "^v-  ,1; 

Ir- 

od 


iU*t>tuii'  aojiy  whiUi  ia  it* 

$elf  the  w. 

This  very  iiVii,  wluch  wuuld  in  Che  end  prort 


J^  High  Treason* 

otwtltfow  of  all  liberty,  was  anxiously 
M  aeuiut  by  the  statute  of  king  £d* 
I  whtcti  has  express! Y  said,  "  Aim  be- 
%hmX  many  other  tike  cases  of  treason 
^  hiffpcn  in  time  to  come,  which  a  m^^ 
\itik  nor  declare  at  tbia  present  time, 
isooorded  tlmt  if  any  other  case,  supposed 
>  which  ii  not  above  specified,  doth 
liefore  any  justices,  the  justices  shall 
'  without  any  going  to  judgment  of  the 
»,  till  the  cause  be  shown  and  declared 
I  Uie  king  and  his  parliament,  whether 
il  Odgbt  lo  be  judged  treason  or  other 
fdojiy/* 

Wall  iJic  law  thus  in  your  view,  it  Is  with 
yiM^gaitlecnen,  to  consider,  whether  the  tacts 
\  in  the  present  case^  do  amount  to  that 
4>f  treason  which  is  here  charged? 
mg  ihat  a  conspiracy  to  levy  war,  or 
ladilic  a  commotion^  is  here  actually  proved, 
viial  una^  the  object  and  purpose  of  it  ?  Was 
^  ic^myiracy  to  levy  such  a  war,  or  such  a 
''"'Mmmi  as  aimed  directly,  or  necessarily, 
person  of  the  king?  On  the  contrary, 
rati  oof  dearly  and  evidently  sucbawar, 
mA  Hich  a  cofxunotion^  as,  at  the  utmost, 
GBuid  have  for  its  aim  nothing  more  than  a 
Wifcilii>tiiiu»  without  pursuing  the  due  me- 
tiadso^biw?  Was  there  any  view  or  pur- 
fmt  oi  detlirooing  or  deposing,  or  endangcr- 
a|§ lh«  lilr  of  our  most  gracious  sovereign? 
liowicb  thing  ever  was,  nor  could  be  dreamed 


La.  d.  179*. 


[165 


It  11  Bat  eiiou|h  to  say,  that  the  commotion 
Mmtm  raised^  night  possibly  have  gone  such 
all§gUk.«a  njtjcualely  to  bring  the  personal 
flftOr  w  tjae  kin^  into  danger.  There  is  do 
-I  <Pf>|>Oftition  nor  resistance  by  force 
Ifioleoeo  to  the  execution  of  any  part  of 
which  may  not,  by  a  strained  coo- 
I  and  imoUcation,  be  connected  with 
^■Artjr  of  the  king.  But  it  is  for  this  very 
WBm,  tnal  the  law  has  wisely  distingui£»hed 
I  what  may  be  intended  agiunst  the 
\  of  lite  kjtig,  and  what  may  be  intended 
^  wliat  has  been  termed  the  ma- 
In  other  words,  the  authority,  or 
tsaoitlTa  j>owcr  of  the  crown.  The  former 
I  held  tf^**Min,  but  the  latter  has  not; 
odil  is  no!  '^  .:,  gentlemen^  to  throw 

muh  Iha  di  or  to  confound  oBences 

wbieh  Um  law  111! ^  separated. 
Aad  lat  me  call  to  your  ren\embrance  ano- 
ripdndpfr  *^-f  !  took  the  liberty  of  ex- 
mi  4  1  and  which  is>  that 
\ut  ;,;„.>.*  consists  in  the  wicked 
I  af  tlsc  heart.    The  overt  acts  are 
|0  he  fL'Enrded,   in  so  far  as  tbey  are 
of  the  guih  of  the 
i  ly  puqxisc  which  con- 
fl,  uijles*  you  arc  satis- 
:if   the  hir  had  m  his 
.  '    ■      :         •    ,    lie- 

of 
ui  ihc 

lYu  Ijttu  successful 


in  sho^^ing  you»  that  the  prisoner  liad  no  real 
accession  to  the  plan  about  seizing  the  Castle, 
nor  to  the  preparing  the  pikes-,  both  these 
were  the  mild  measures  of  Watt  alone.  The 
former  was  rejected  by  the  commitlee,  and  by 
Mr.  Downie,  and  the  latter  never  known  to, 
nor  countenanced  by  them.  Any  knowledge 
Mr.  Downie  seems  to  have  had  of  the  pikes, 
was  transient  and  accicfenlal ;  and  you  must 
be  satisfied,  these  pikes  never  could  be  meant 
for  overturning  the  state,  or  endangeriug  the 
safety  of  the  king. 

As  to  Mr.  Downie  having  been  a  member 
of  the  British  Convention,  he  neither  has  been» 
nor,  for  the  reasons  I  formerly  mentioned, 
can  he  be  criminated  upon  tliat  account.  And, 
as  to  his  being  a  member  of  the  Couimiltee 
of  Union,  or  of  the  sub-committee  of  Way^ 
and  Means,  I  cannot  discover  any  evidence 
whatever,  that  these  committees  had  auy  cri- 
minal, and  far  less  any  treasonable  designs. 
I  request  you  to  distinguish,  gentlemen,  be- 
tween a  zeal  for  the  cause  of  reform,  and  a 
wicked  and  criminal  intention  to  subvert  the 
government.  Because  the  zeal  of  some  mrn 
may  be  warm  and  intemperate,  it  would  be 
unfair  to  presume,  that  they  would  go  the 
length  of  hostility  to  the  constitution.  And 
because,  in  societies  for  reform,  there  may  be 
some  who  harbour  in  their  minds  treasonable 
and  detestable  designs,  you  must  not  therefore 
conclude,  that  this  pervades  the  minds  of 
others ;  or,  that  because  a  man  is  a  Friend  of 
Reform,  ora  Friend  of  the  People,he  is  to  be  set 
down  as  guilty  of  the  crime  of  hi^h  treason. 

In  fairness  and  candour,  let  the  line  be  drawn 
and  the  just  discrimination  made.  Con-. 
found  not  the  innocent  with  the  guilty.  Co; 
found  not  the  less  guilty  with  tljose  who  are 
more  so.  If,  from  an  intemperate  impatience 
for  reform,  some  men  sliould  transgress  due 
bounds,  and  think  of  pursuing  their  object  by 
other  means  tlian  the  methods  of  the  law,  let 
their  temerity  meet  its  due  punishment;  but: 
let  not  liasty  and  precipitate  resentmeul  ma^ 
nify  into  high  treason,  an  offence  ot'a  muca 
less  criminal  complexion.  Let  us  ever  r©« 
member^  tliat  we  are  to  look,  if  there  h  the, 
wicked  iraagmalion  of  the  heart;  and,  if  we 
cannot  discover  there  the  malii^uiint  and 
atrocious  design  of  compassing  and  iMia»jiini.i, 
the  death  of  the  king,  we  canni/t  pronouno 
that  it  is  \}\e  crime  ot  high  treason,  I>ct  coq] 
judgment  disarm  resentment,  and  teach  ua^j 
tiiat  the  preservation  of  the  law  is  of  infinitely 
grciiter  moment  than  the  pumshmcnt  of  air 
mdividuah 

But,  gentlemen,  I  must  conclude,  for  I  feel 
myself  much  exhausted,  and  I  am  much  atmic" 
1  have  detained  vou  too  long.  1  know  youi 
attention  and  disceniment  will  supply  any 
defects  of  mine,  and  I  trust  you  will  be  sati:*- 
fied  that  no  crime  has  been  proved,  of  so  deep 
u  dye  as  c;m  ciititte  you  to  lake  away  ihe  life 
of  this  poor  old  man  at  your  bitr ;  and  tlial 
you  will  therefore  return  a  VL-rdrct,  lindin 
him  not  guilty  of  the  crunc  charged. 


% 


J 


167] 


34*  GEORGE  III. 


Trial  ofDawd  Ddionie 


[166 


REPLY. 


Mr.  Anttruther, — Gentlemen  of  the  Jurj ; 
—I  now  rise  to  perform  a  very  unpleasant 
task  indeed— to  call  upon  you  for  your  verdict 
against  one  of  your  fellow  subjects.  I  feel  it 
nv  duty,  and  sorry  I  am  that  it  is  my  duty,  to 
call  upon  you  for  that  verdict,  hecause  I  think 
that  I  have  laid  before  you  evidence  which  in 
point  of  fact,  proves  the  offence  slated  in  the 
indictment  no  less  au  offence  than  that  of 
high  treason. 

There  was  one  observation  made  bv  Mr.  Cul- 
len  in  which  I  most  heartily  join  with  him,  and 
wish  you  to  attend  to  it  as  much  as  it  was 
possible  fur  him  to  do.  He  called  upon  you, 
gentlemen,  not  to  regard  any  thing  that  you 
might  have  read  concerning  those  transac- 
tions, but  to  confine  your  attention  strictly 
and  solely  to  the  evidence,  laying  out  of  your 
mind  every  impression  you  might  have  re« 


DOW  addressing  you,  which  I  charge  upon  Mr. 
Downie;  and,  if  I  cannot  make  out  that  Mr. 
Downie  is  guilty  of  a  breach  of  his  allegiance, 
by  being  guilty  of  compassing  and  imagining 
the  death  of  the  king,  which  is  one  species  of 
treason  under  the  statute  of  Edward  3rdy  I 
totally  fail  in  my  case:  and  I  am  sure  I  have 
no  wish,  hut  the  wish  of  justice.  I  should  be 
happy  if  the  judges  found  it  consistent  with 
the  law  to  tell  you  that  there  was  no  treason 
laid  in  this  indictment,  or  proved  by  the  evi- 
dence, and  that  you  find  it  consistent  with 
your  oaths  to  acquit  the  prisoner  at  the  bar. 
The  public  prosecutor  has  done  his  duty  in 
laying,  the  case  before  you :  he  will  be  happ^ 
if  it  ^mits  of  a  verdict  of  not  f»uilty;  but  if 
you  view  the  law  and  the  evidence  as  I  do,  I 
am  afraid  it  will  be  hardly  possible  that  it 
should  be  so. 

Gentlemen,  I  have  said,  that  this  indict- 
ment accuses  Mr.  Downie  of  being  guilty  of 


ceivcd  in  other  places ;  and  laying  out  of  your    one  of  the  species  of  treason  left  by  the  sta^ 


mind  every  thing,  except  the  impressions 
which  you  have  received  from  that  which  is  '■ 
strict  legal  evidenrc  given  upon  this  trial  this  \ 
day.  And  inoM  sincerely  do  I  join  with  Mr.  i 
Cuilcn  in  rcronimcnding  to  you,  and  telling  . 
you,  tliat  you  will  not  perfonu  your  duty  to  ' 
your  country  and  your  duly  to  yourselves*,  if  j 
you  do  nol  lay  all  extraneous  matter  from  l 

your  minds,  and  confine  yourselves  slricliy    cntion  from  the  moment  measures  tiave  been 
and  solely  lu  the  evidence  before  you  .  taken  for  that  purpose,  whatever  they  maybe. 

The  atleiition  you  have  bestowccl  this  day  to  I  The  next  thing  for  us  to  inquire  is,  what 
that  evidence,  renders  it  unnecessary  for  me  to  the  statute  docs  not  tell  us,  but  which  the 
be  extremely  long  in  repealing  it;  and  that  at- ,  law  has  Iet\  to  the  judges  in  each  particular 
tenlii>n  satisfies  nie,  that  the  caution  Mr.  Cul-  ' 


lulc  of  Kdward  Srd— compassing  and  imagin- 
ing the  death  of  the  king ;  and  it  is  true^  as 
Mr.  Cuilen  has  stated,  that,  in  the  case  of  the 
king,  the  statute  of  treasons  hath  with  great 
propriety  retained  the  nde  voluntas  fro  facto 
habetur.  In  the  compassing  the  kind's  death, 
the  wicked  imaginations  of  the  heart  have 
the  same  de<>ree  of  guilt  as  if  carried  into  exe- 


len  pave  to  you,  and  which  I  have  now  re 
peatcd,  is  :it  best  an  unnecessary  one.  The 
ob^ervalions  vhich  Mr  Cullrn  has  made  upon 
the  law,  will  nuike  it  ne(e*isary  tor  ine  to  siiy 
a  few  wouls  to  you  up«»n  that  head ;  but  you 
will  not  lake  the  law  from  Mr.  C'ullen,  nor 
from  i«p,  allhou'^h  I  shall  endeavour  to  state 
it  wilh  all  the  acc\iracy  I  am  able ;  hut  you 
will  take  it  from  those  much  more  able  to 
explain  it,  than  cither  of  us,  whose  duty  it  is 
to  explain  H,  au'l  to  w nose  obhcrvalious  it  is 
your  tliily  to  allrnd. 

There  w;is  another  observation  of  Mr.  Cul- 
len's'in  which  1  inrfectly  concur;  and  that  is 
an  \iller  «hhorrencc  of  eVery  thini;  called  t  on- 
structi\c  liea-^on.  I^rd  Hale\  woids,  which 
he  reail  lo  you,  I  wish  may  be  impressed 
upon  tl  10  ninul  of  every  public  prosecutor  as 


case  lo  determine,  namely,  what  acts  are  to 
be  held  as  means  taken  for  Ccirrymg  such 
compassing  and  ima*;inations  into  elVect,  and 
lo  be  evidence  of  them,  or  what  in  other 
words,  is  an  overt  act  of  this  species  of 
treason.  If  means  have  been  taken  to 
carry  the  design  into  execution,  the  party 
is  guilty.  What  those  means  are,  may 
vary  in  every  case ;  and,  since  the  date  of 
the  statute,  various  tacts  have  been  held 
to  be  overt  acts  of  this  species  of  treason, 
and  various  principles  have  been  eslablish- 
ed  wilh  regard  lo  what  are  or  are  nol  overt 
nets  of  coinpas*>in^  and  imagining  the  death 
of  the  kinir.  I  will  state  these  shortly,  in  the 
words  of  some  of  the  first  lawyers  and  judges 
of  Knglund,  whose  opinions  have  served  as  a 
guide  to  succeeding  judges :  and  from  theoi 
you   Will  learn    the    priuciples  which  have 


long  as  the  wurld  endures;  but  you  will  re-  ■  guided  courts  of  justice  on  determining  what 
coilcft  that  the  words  of  lord  Hale  are  not 
appliul  t«i  the  sl:itutc  yjlh  Kdwanl  8rd,  or  lo 
any  of  tlse  Npei  ies  of  treason  declared  hy  that 
law.    They  arc  to  he  found  in  that  pari  of  his 


woik  wlure  he  makes  the  paneg\Tic  of  the 
23th  i:dvv;ird  :Jrd.  Thank  God,  that  statute 
abolishtid  in  England  a  string  of  constructive 
treasons  enough  to  make  men  shudder.  To 
those  treasons  lord  lialc*s  observations  apply. 
hut,  gentlemen,  it  is  one  of  the  treasons  de- 
clared by  the  statute  of  Edward  3rd,  and  con- 
tinued from  that  time  down  to  Uie  time  I  ud 


I  were  overt  acts  ol  this  species  of  treasim ;  and 
,  you  will  hear  the  cases  which  have  been  de- 
termined, and  which  have  been  put  as  illus- 
trations of  these  principles. 

In  the  fir^t  place,  [  take  it  as  too  clear  to 
be  disputed,  that  a  person  is  guilty  of  com- 
passing and  imagining  the  death  of  tlie  king, 
from  the  moment  means  are  used  lo  eftecl  the 
purpose  of  the  mind.  It  is  also  perfectly 
agreed  upon  all  hands,  that  it  is  not  necessary 
to  lay  before  the  juiy,  or  state  in  the  indkt- 
iDent,  a  direct  iiunediate  attack  on  Uie  persoQ 


169}  for  High  Tnaton* 

of  his  majesty.    It  has  been  held  at  all  times 
not  necessary  to  state  an  attempt  to  poison,  or 
to  assassinate  the  king.     Most  unquestion- 
ably, if  tliose  means  were  used,  they  would 
irresistibly  speak  the  purpose  of  the  mind ; 
but  means  niuy  be  used  to  effect  the  purpose 
of  compassincr  and  imagining  the  deatnofthe 
king,  inticitcty  short  of  such  attempts  as  those. 
MrrCuilen  agreed  that  a  {)er8on  going  into  a 
boat  for  the  purpose  of  going  to  France  with 
treasonable  papers  in  his  possession,  was  pro- 
perly held  as  employing  means  to  effectuate 
the  intention  of  his  mina,  and  an  overt  act  of  ' 
compassing  the  death  of  the  king.    Mr.  Jus- 
tice Foster,  on  whom  Mr.  Cullcn  bestowed  a 
very  deserved  panegyric,  tells  us — **  The  care 
the" law  hath  taken  for  the  personal  safety  of 
the  king,  is  not  confined  to  actions  or  at- 
temptb  of  the  more  ila&;itious  kind,  to  assas- 
sination or  poison,  or  other  attempts  directly 
and  immediately  aiming  at  his  lite ;  it  is  ex-  | 
tended  to  every  thing  wilfully  and  deliberately  | 
done  or  attempted,  whereby  his  life  may  bie 
endangered."       Iherefore,   gentlemen,  if  I 
state  it  in  the  indictment,  and  prove  any  act 
done  deliberately,  whereby  the  life  of  the*  king 
may  be  endangered,  I  have  stated  and  proved 
that  which  is,  in  jioint  of  kw,  an  overt  act  of 
compassing  the  king's  death.  The  same  author 
says,  **  the  entering  into  measures  for  depos- 
ing or  imprisoning  the  kin^,  or  endeavouring 
to  get  the  person  of  the  king  into  the  power 
of  conspirators,  have  been  held  overt  acts  of 
high  treason  within  this  branch  of  the  sta- 
tute."    Why?     Because  they  are  acts  done, 
or  attempted,  not  by  which  his  life  is  to  be 
immediately  affected — not  by  which  his  life 
is  to  be  t'lkcn  away,  but  they  are  acts  done 
and  attempted,  wherebv  his  life  may  be  in 
danger.    The  same  author  farther  says,  "  of- 
fences   which  are  not  so  personal  as  those 
already  mentioned,  have  been  with  great  pro- 
priety brought  within  the  same  rule,  as  hav- 
ing a  tendency,  though  not  so  immediate,  to 
the  same  fatal  end ;"  and,  therefore,  the  en- 
tering into  connexions  for  the   purpose   of 
bringing  foreigners  to  invade  the  kingdom, 
has  brcn  held  an  overt  act  of  high  treason — 
And  why  is  it  held  to  be  an  overt  act  of  hij;h 
treason  ?     Because  it  may  endanger  the  life 
of  the  king. 

I  could  put  a  case,  where  it  could  hardly  be 
within  probability  that  an  invasion  should 
directly  be  amied  against  the  pcrwm  of  the 
king.  I  could  put  the  case  of  the  king  being 
upon  the  Continent  at  the  time  that  some 
persons  made  a  contract  with  a  foreigner  to 
Lnng  2<»,rt'<»  Ku^-^ians,  or  other  foreipners,  to 
niikc  wjr  in  this  country.  This  conkliuit  be 
high  treason  under  llie  riausc  of  levying  war, 
because  iKi  war  was  le\ied.  It  wowM  iiot  he 
aJhering  to  ili»:  kind's  enemies,  because  llic 
|»^rM>n«*  suppo  cmI  are  not  the  kind's  enenuc*;. 
The  ktng*s  person  could  not  be  in  irnnicdiato 
danger,  Itocause  the  cai«  supposes  him  in  his 
Sotcign  doniinmns ;  but  would  it  not  be  high 
trtawB^    M<wt  certainly.     It  is  the  king's 


A,  D.  1794. 


[170 


duty  to  repel  such  invasion;  to  place  himself 
in  a  situation  of  danger :  the  measure  directly 
points  at  distnrbing  the  peace  of  the  country, 
which  it  is  his  duty  to  protect ;  at  introducing 
host'dities,  which  the  ooligations  of  his  situa- 
tion call  upon  him  to  suppress ;  therefore  the 
tendency  of  the  attempt  necessarily  exposes 
bis  person  and  life  to  peril;  and  it  is  to  that 
natural  and  afiparent  tendency  that  we  are  to 
look.    Foster  states  the  principle  distinctly, 
when  mentioning  the  oflience  of  inviting  fo- 
reigners to  invade  the  kingdom  to  be  high 
treason.    It  is  such,  says  he,  because  it  hath 
a  tendency  to  endanger  the  person  of  the  king, 
and  therefore  it  hath,  in  strict  conformity  to 
the  statute,  and  to  every  principle  of  substan- 
tial and  political  justice,  been  brought  within 
that  species  of  treason  of  compassing  and 
imagining  the  king's  death.     You  therefore 
see,  tliat  every  thing  which  has  a  manifest 
tendency  to  endanger  the  person  of  the  prince, 
is    an  overt  act  of  compass! njs;   his  death. 
Whether  the  acts  stated  in  this  indictment 
and  proved  by  the  evidence,  have  that  ten- 
dency or  not,  I  shall  eonsider  bv-and-by. 
These  are  not  only  the  words  of  that  great 
and  illustrious  person,  and  such  he  certainly 
was ;  but  no  judge,  who  either  prcccdeil  him, 
or  who  has  followed  him,  no  text  writer  of 
authority  differs  from  him.     Hawkins  says, 
''  The  uerson  of  the  king  may  be  endangered, 
not  only  by  such  overt  acts  as  to  take  away 
his  life,  but  such  design  as  cannot  be  exe- 
cuted without  apparent  peril  thereof."    Gen- 
tlemen, it  will  he  for  you,  and  my  lords  the 
judges,  to  consider,  wliethcr  the  design  stated 
in  this  indictment  could  be  executed  without 
apparent  peril  and  danger  to  the  king.    The 
same  author,  in  another  place  says,  *'  It  hath 
been  adjudv;ed,  that  the  levying  war  against 
the  king's  person,  or  the  bare  consulting  to 
j  levy  such  war,  or  meeting  together,  and  con- 
!  sultin<r  the  means  to  destroy  the  king  and  his 
•  goTerinnent ;  or  assembling  with  others,  and 
I  procuring  them  to  attempt  the  king's  death, 
:  by  listing  men  in  order  to  depose  the  kins,  or 
I  printing  treasonable  position!^,  as  that  the  king 
I  IS  accountable  to  the  people,  and  that  they 
I  ought  to  take  the  government  into  tlieir  own 
hands,  is  an  overt  act  of  high  treason."— Why 
I  is  it  such  ?    Because  it  is  to  excite  the  people 
;  to  take  the  government  into  their  own  hands; 
■  and  that  cannot  be  done  without  endangering 
'  theperson  of  his  majesty.  Gentlemen,  you  will 
judge  under  direction  of  the  learnetl  judge  who 
presides  here — you  will  jud^e  from  what  has 
been  laid  l>efore  you  on  this  trial,  whether 
there  was,  or  was  not,  amongst  these  people 
a  design  to  take  the  giivernment  into  their 
own  h:mds  ?  and  whether  it  did  not  go  farther 
than  printing  that  proposition  in  a  book,  and 
pnblishingitto  the  world,  which  in  the  opinion 
of  the  writer  whom  I  have  ju^^t  cited,  is  high 
treason.  Have  no  mfans  been  taken,  no  steps 
pursued,  far  beyond  the  printing  and  fiuhlishing 
an  opinion  that  the  people  ought  to  take  the  j;o- 
vcrnmcnt  into  their  own  hands  \    LooV^VvV^ 


17i] 


31-  GEORGE  III. 


Trial  of  David  Vownie 


{112 


4tnstiument3  lying  upon  the  table,  and   say 
J  whether  the  providing  of  these  for  Ihe  pur- 
l^fioaes  proved,  speaks  not  the  intention  clearly^ 
>,and  whether  they  are  not  means  more  efiec- 
ytual  for  carrying  that  intention  into  execution 
•than  the  publication  of  any  book,  however 
dangerous  the  propositiona  it  contains. 
Gentlemen,  my  friend,  Mr,  Cullen,  most 
K^Jeaervedly  bestowed  a  nanegyric  upon  lord 
l^ale,  an<)  from  him  r«aa  that  quotation  res- 
l^cting  constructive  treason,  which  I  have 
mentioned.    He  told  you^  as  he  said,  from 
bis  authority,  that  a  conspiracy  to  levy  war  is 
pot  treason,  unless  it  be  where  it  is  directly 
QBt  the  person  of  the  king.    Now  I  am 
sctly  ready  to  a|;reCt  antf  God  forbid  I 
■  Should  not,  that  a  conspiracy  to  levy  war,  is 
not  under  all  circumstances,  an  overt  act  of 
high  treason.    Mr,  Cullen  stated  fairly,  there 
are  two  species  of  war  in  contemplation  of  the 
law ;  one  that  might  be  directly  against  the 
person  of  the  king,  and  one  that  may  not 
nave  the  least  relation  to  the  person  of  the 
king,  but  which  may  be  called  a  war  merely 
upon  other  men ;  and  but  for  the  generality 
ohhe  purpose,  would  be  no  more  than  a  riot. 
If  people  asscDible  to  pull  down  any  house,  it 
is  a  not,  and  no  more.     If  they  assemble  to 
pull  down  the  houses  of  all  lawyers  or  judges, 
or  all  merchants  or  religious  houses,  such  as 
all   meeting-houses,  or  all  churches,  or  any 
thing  that  docs  not  point  to  an  individual, 
that  IS  held  to  be  a  levying  war ;   but  a  con- 
spiracy to  do  th;it  act,  is  not  an  overt  act  of 
high  treason.    And  why?    Because,  it  is  im- 
possible to  say,  that  men  who  do  tlaese  things, 
nave  the suiaUest  intention  against  the  prince; 
Ihey  neither  do»  nor  intend  to  do,  an,ac|  by 
which  his  person  is  in  danger.    It  is  war  by 
construction  only ;  and,  it  cannot  be  allowed 
to  make  tlie  act  war  by  construction ;  and 
then  lo  ar^e,  that,  because  it  is  war,  it  is 
means  used,  which  in  then-  natural  and  direct 
tendency,  endanger  the  person  of  the  king. 
The  natural  tendency  of  their  acts,  does  not 
put  the  person  of  the  prince  in  peril.  It  is  the 
geoeralitv  of  their  purpose  alone,  which  brings 
them  within  tlie  statute  of  treason*    It  is  m 
the  remote  consequences,  and  in  these  alone, 
that  danger  mav  arise  to  the  life  of  his  ma- 
Jeaty.    But  is  that  the  case  with  regard  to  an 
attempt  to  overturn  the  government,  of  which 
he  is  the  head,  and  first  executive  magistrate; 
or,  with  regard  to  an  attempt  to  supersede  the 
legislature,  of  which  he  is  an  integral  part? 
Is  it  possible  such  attempts  can  oe  made, 
without  directly  endangermg  the  person  of 
the  king } 

Now,  Gentlemen,  that  you  may  follow  the 
lule  of  lord  Hale  which  1  wish  you  to  do,  I 
will  state  what  he  says  upon  tnis  i^ubject, 
Xioni  Hale,  who  is  quoted  to  you  as  the  enemy 
of  all  constructive  treasons,  lord  Uale  says, 
**  though  a  conspiracy  he.  uoi  itnmt^JiateJy, 
aiv  ,and  expr«  .iU 

oi_  -.'     '■    '^;  but  the  t.     -^,-    ,  ,,;    ;   ,mc- 

UiUig  Liiiitin  all  probabJitymuj^t  induce  it;  and 


the  overt  act  is  such  a  thing  as  must  induce 
it :  then  it  is  an  overt  act  to  prove  the  com- 
passing of  the  king's  death." — He  then  pro- 
ceeds to  a  number  of  instances,  and  says,  '^aa 
assembly  to  levy  war  against  the  king,  either 
to  depose,  or  restrain,  or  enforce  him  to  do  anj 
act,  or  to  come  to  his  presence,  or  lo  remove 
his  counsellors  or  mmisters,  or  against  the 
king^s  lieutenant  or  military  commissioned 
officers,  is  an  overt  act  proving  the  compass- 
ing  of  the  death  of  the  kmg;  for  such  a  war 
is  directly  against  the  very  person  of  the  king ; 
and  he  that  designs  to  fight  against  the  kin^, 
cannot  but  know  at  least  it  mu^t  put  his  hi^ 
in  hazard.*' 

Tell  mc,  gentlemen,   whether   the  facts 
charged  in  this  indictment  do  not  amount  to 
a  consultation  and  conspiracy  to  fight  against 
the  king's  commissioned  officers ;  and  il  thcjf 
do,  it  must  put  the  king's    lile   in  danger. 
Tell  roc,  my  lords  and  eenllemen  of  the  jury, 
whether  the  plan  proved  by  the  evidence  is 
not  a  plan  to  force  the  king  to  do  something 
against  his  will,  to  restrain  hhn  from  doing 
that  which  as  a  branch  of  the  legislature  he 
had  a  right  to  do,  and  to  take  the  will  of  tho!^; 
conspirators  instead  of  his  own?    One  wort] 
more,    gentlemen :    he    farther   says,   **  yet 
such  a  conspiracy  or  compassing  to  levy  war 
against  the  king  directly,  or  against  his  torces, 
a  meeting  and  consulting  for  the  elfect  of  it, 
whether  the  numbers  be  more  or  less,  disgui* 
sed  under  any  other  pretence  whatsoever,  as 
of  reformation  of  abuses,  casting  down  enclo- 
sures, particular  or  generally,  and  wrestling, 
football-play  in  K,  cock-fightmg,  yet,  if  it  can 
appear,  that  they   consulted  or  resolved  to 
raise  a  power  immediately  against  the  king, 
or  the  liberty  or  safety  of  his  person,  this  con- 
gregating ot  people  for  this  intent,  tnough  no 
war  be  actually  levied,  is  an  overt  act  to 
maintain  an  indictment  for  compassing  the 
king^s  death  witliin  the  6rst  clause  of  the  sta- 
tute of  Edward  Srd ;  for  it  is  a  ktiid  of  natural 
or  necessary  consequence,  that  he  that  at- 
tempts to  subdue  and  conquer  the  klDg»  can-* 
not  intend  less  than  the  taking  away  his  life.^ 
Gentlemen,  it  will  be  for  your  determinatioi 
this  night,  whether  there  was  not  a  eonsp" 
racy  entered  into  by  the  prisoner  at  the 
and  his  adherents,  to  subdue  and  conquer 
king? 

I  shall  now,  gentlemen,  state  a  passage,  of 
which  Mr.  Cullen  read  a  part  to  you,     ll 
from  a  speech  of  lord  chief  justice  Holt,  whos 
authority  is  deserving  of  your  most  seriou 
attention,  and  when  the  whole  pummph  i 
taken  together,  his  opinion  is  staled  in 
masterly  a  manner,  and  so  clearly,  that  it  tsl 
not  necessary  to  say  a  word  mure  than  barelT^ 
to  state  it.   It  is  in  the  trial  of  sir  John  Friend, 
fur  hieh  treason 

**  ife  says," 
**  Here  is  no  wai  /  I 

or  design  to  levy  war,  docs  n  i  | 

this  law  agamst  treason/*    V|  t  i 

observe,  that  if  there  bt  only  a  couspu^cy  lo 


17S] 


Jhir  nigh  Treaton. 


A.  D.  1794. 


[174 


I  «t  is  not  IreasoD ;  but  if  the  tlcMgn  or 

.  be  to  kill  the  king,  or  to  depose 

mill  -on  him,  Or  pul  any  force  or  re- 

m ;  and  the  way  and  manner 

c  /^e  is  by  levying  a  war,  there 

M  and  conspiracy  to  levy  a  war 

is,,  »..-».  ^.M,/y-e  is  high  treason,  though  no 

'  wmr  be  levied;  for  such  consultalton  and  con* 

L  iptxftcy,  ta  an  overt  act  proving  the  compass- 

I  j&g  tbe  death  of  the  king,  which  is  the  fir^t 

]  lf£iaon  mentioned  in  the  statute  of  the  25tb 

1  af  Bdward  3rd  ;  the  words  of  that  statute  are, 

[  llttt  tf  my  man  shall  compass  or  imagine  the 

*  itV  '  «ng;  now*  necausc  a  man  de- 

la^^  i I,  deposition,  or  destruction  of 

Im  iuagi  ^[^d  with  that  design  agrees  and 

'   ,  to  levy  war,  that  this  should  not  be 

itrtt-  tr  be  not  actually  levied,  is 

l#  wmf  tit  nne,  and  the  contrary  has 

|alp»}"  *  iu  lu  be  law.***     He  goes  on 

[fc*  i  i  yc.  may  be  a  war  levied  without 

laoy  i*tj..  '-'  'lie  kiQg's  person,  or  endan- 

\oi  if  actually  levied,  is  high 

0  ;  I  ,„   .1  „  war  be  levied  without  cn- 
Idanficrtiig  Uic  king's  per5on,  such  would  not 

t  overt  net  of  high  treason.  If  persons 
ibie  themselves,  and  act  with  force  in 
alkn  to  some  law,  which  they  think  in- 
oient,  and  hope  thereby  to  eet  it  ro- 
ip  this  is  levying  a  war  and  treason, 
ll  purposing  and  designing  it  is  not  bo.  ? 

1  they  endeavour  in  great  numbcr<^i  with  I 
I  ki  make  some  reformation  of  their  own 

irrthout  pursuing  the  methods   of  the 

thai  is  levying  of  war  and    treason.*' 

I  Ims  goi^s  on  to  say,  ''  But  if  there  be^  as 

1  you  before,  a  purpose  and  design  to  de- 

tbe  king;  ana  to  depose  him  from  his 

,  Of  to  restrain  him,  or  have  any  power 

9»  which  i^  proposed  or  designed  to 

td  by  war,  that  is  to  be  levied,  such 

tacy  and  consultation  to  levy  war,  for 

tinoiitii^  this  to  pass,  is  an  overt  act  of 

'i  tretAon/'t     In  the  trial  of  sir  William 

as,  who  WA^  indicted  for  the  same  con- 

ost  eminent  judge,  lord 

ct  says  the  same  thing;  his 

pare:  *'  1  i   Icll  you,  that  this 

DO  of  c<j>  and   imagining    the 

*  ^      vident  by  other 

on:  to  conspire 

lallji  '  .li  M»>.nJe  the  realm;  to 

vkk  a  in  with  invaders,  and  to 

k«   ftii  tnn   ^iLviin^it  the    king, — 

liug  the  king's 

I;  f^^  I         ,  ,  M^ctf,  but  thai  he 

nK>ul  ;rrfd  up  an  invasion,  and 

BMartT  I  isi  the  king's  person,  docs 

^  til  unofthc  king,  which  is 

TCft     .  ^1  treason;  and   he   that 

\  take  au  I  ^  defence,  which  he 

I  hav«  bv  lUCc  of  his  suhjectii^ 

tir  John  Frcindy  Vol.  13» 

hon, 

I  Clod's  Tjia),  aiK\  Vol.  13^ 


and  leave  him  exposed  to  his  mortal  enemies, 
cannot  but  be  prcsunied  to  design  tlie  king's 
ruin  and  murder."* 

Now,  gentlemen,  such  b  the  law  and  iU 
distinctions  upon  this  subject.  If  there  be  a 
design  through  the  medium  of  war,  to  overturn 
the  government  of  the  country,  of  which  the 
king  is  apart;  to  supersede  the  legislature^  of 
which  he  is  an  integral  branch,  as  well  as  first 
executive  magistrate  ;  it  js  hard  to  say,  that 
such  a  design,  if  carried  into  execution, Would 
not  endanger  his  life.  His  duty  to  that  con- 
stitution, which  has  placed  him  in  the  sitiia' 
tion  of  its  first  executive  magistrate,  calls  im- 
periously upon  him  to  resist,  at  all  hazards,  all 
such  attempts ;  their  success  no  king  could 
survive;  and  the  very  first  step  taken  either 
to  ensure  their  success,  or  to  prevent  their 
completion,  places  hira  in  a  situation  of  dan* 
ger  and  peril,  from  which  it  would  be  strange, 
indeed,  if  the  law,  which  protects  the  meanest 
of  his  subjects,  did  not  strongly  interpose  for 
his  defence. 

Thus  much  with  respect  to  the  law :  with 
regard  to  the  facts  given  in  evidence  before 
you,  feeling  myself  very  much  exhausted, and 
apprehending  you  must  be  the  same,  trorn 
the  length  of  time  tliis  trial  has  lasted,  t 
shall  state  thera  very  shortly ;  and  1  am  hap* 
py  to  say,  that  the  very  great  attention  you 
nave  bestowed  through  the  course  of  this  long 
trial,  renders  it  unnecessary  for  me  to  be  mi* 
nute,  and  enables  me  to  perform  my  duty, 
without  consuming  much  of  your  lime. 

The  first  evidence  we  brouglil  before  you, 
was  for  tbe  purpose  of  proving  a  conspiracy  in 
general,  to  uverlurn  the  constitution  of*th« 
country ;  and  how  far  Downie  is  a  flee  led  by 
it,  wiir  b^  (or  you  to  determine.  I  think  he 
is  directly  affected  by  it. 

First,  we  prove  it,  by  the  correspondence  of 
seditious  societies  held  in  London,  and  in 
other  places ;  their  letters  say  they  will  have 
means  more  effectual  than  the  petitioning 
parliament  for  a  reform.  What  means?  1 
desire  you  to  take  that  letter  of  hkirving  to 
Hardy,  Into  your  consideration,  and  tell  me 
whetner  it  does  not  directly  point  out  the  pbn 
for  the  destruction  of  the  whole  government 
of  this  country,  and  placing  one  organised  by 
Skirving  and  his  associates  \n  its  stead ;  Skirv- 
ing  says,  we  have  already  formed  a  plan  for 
organization,  that  when  the  time  come^,  he 
and  his  friends  may  be  ready  to  act,  and  may 
not  be  occupying  themselves  with  organiza- 
tion. Take  thatfetter,  and  tell  me  whclhtrit 
does  not  directly  and  pointedly  go  to  the  case 
of  the  dissolution  of  the  government  of  th^ 
nation,  and  Skirving  and  his  organized  body 
taking  the  place  of  the  guverument  of  the 
countr)\  What  does  the  seditious  society  in 
London  do  ?  First,  it  proposes  to  Skirving  to 
adopt  a  method  more  effectual  than  petition* 
ing.     What  is  it  SkirVing  proposes  to  be  more 


♦  Sec  the  Trial  of  sir  Wilh^iu   Parkyuv, 
anic^  Vol  13,  p.  113- 


175] 


84'  GEORGE  IlL 


Trial  of  David  Dawnie 


[176 


cfifectual  than  petitioning?  A  Conrcntioa. 
WhatisSkinring  and  the  society  to  go  on 
with  and  endeavour  to  procure  ?  A  ('onven- 
tioo.  What  is  the  convention  pointed  out  by 
Skirving  in  his  letter  to  do  ? 

Their  determination  is,  tliat  if  the  legisla- 
ture dares  to  do  a  particular  act  in  the  e?(ercise 
of  its  legal  fttnctions,  they  will  resist  that 
legislature.  What  is  this  in  plain  English  but 
«  conspiracy  to  overawe  the  legislature  from 
doing  its  duty ;  if  it  does  its  duty,  to  resist 
and  robcl  against  it?  When  that  society, 
calling  itself  a  Convention,  met,  how  did  it 
act?  It  formed  itself  upon  the  model  of  a 
convention  in  another  country,  the  effects  of 
which,  in  that  kingdom,  I  need  not  state.  It 
next  assumes  the  name  of  a  British  Conven- 
tionw — Ailer  that  name  is  assumed,  do  you 
hear  a  word  of  petitioning  parliament?  No. 
My  learned  friend  read  a  passage  from  the 
Mmutes,  in  which  it  was  proposal  by  some 
members  to  petition  parliament ;  the  idea  is 
treated  with  contempt :  and,  afler  that,  shall 
I  be  told  it  was  a  society  for  the  purpose  of 
petitioning  parliament  for  a  reform  ?  They 
tell  me  themselves  th^  did  not  intend  to  pe- 
tition. But  is  that  all  ?  Do  they  stop  there  ? 
lliey  come  to  a  resolution,  in  which  they  ex- 

Essly  declare,  that  they  will,  in  a  variety  of 
en  cases,  resist  the  authority  of  the  legis- 
ire;  and  if  parliament  shall  dare  to  pass  a 
particular  law,  they  will  dare  to  meet,  m  de- 
nance  of  that  law,  till  superior  force  obliges 
them  to  desist;  force  superior  to  what?  Gen* 
tlemcn,  can  you  read  this  resolution  otherwise, 
than  as  a  resolution  to  continue  to  act  in  dis- 
obedience to  the  laws  of  the  legislature,  to  con- 
temn its  autliority ;  to  resist  the  execution  of 
its  decrees,  till  a  force  superior  to  their  force, 
should  compel  them  to  desist.  Gentlemen, 
what  is  this,  but  a  conspiracy  against  the  le- 
gblature  of  the  country,  and  a  resolution  to 
resist  it  by  force ;  and  what  sort  of  a  war 
would  it  have  been,  if  the  legislature  of  thb 
cotmtry  its  King,  Lords,  and  Commons  is  to  be 
resisted  by  force  ?— Would  it,  or  would  it  not 
have  been  a  war  directly  against  the  person  of 
the  king,  and  directly  endiuigering  his  safety  ? 
What  is  to  become  of  his  majesty,  sitting  in 
his  parliament,  if  another  parliament,  sittme 
in  Edinburgh,  or  any  where  else,  are  to  tell 
the  legislature  how  far  they  will  obey  or  not. 
But  this  is  not  all.  They  provide  for  future 
conventions,  and  form  themselves  into  a  |>er- 
manent  body,  to  meet  and  to  act  as  occasion 
shall  require ;  they  resolve,  that  each  dele- 
gate, when  he  returns  home,  shall  desire  his 
constituents  to  choose  a  fresh  delegate  to  a 
fresh  convention,  and  providing  a  fund  for  de- 
fraying the  expense  of  that  delegate.  It  was 
asked  nw,did  I  mean  to  criminate  Mr.Downie 
Ibr  what  he  did  as  a  member  of  the  British 
Convention.  I  say,  gentlemen,  that  I  do  not 
But  if,  afier  Mr.  Downic  was  brought  here  as 
a  witness  on  the  trial  of  Mr.  SkirviDg,  he 
chooses  to  act  upon  the  nesohitioo  of  that  as- 
sembly, to  adopt  its  purposes,   further  its 


views,  act  upon  its  plans,  and  do  that,  which 
its  last  resolution  pointed  out,—  to  endeavour 
to  procure  a  deiegdtc  to  be  elected  to  another 
new  convention  ;  and  if  he  did  collect  money 
for  that  purpo^ic  —I  do  mean  to  connect  Mr. 
Downic  with  those  acts  I  have  proved  of  his 
knowledge  of  the  act^  of  the  British  Conven- 
tion ;  now  I  come  to  that  which  directly  cri« 
minates  him.  He  knew  the  operations  of  that 
convention.  What  did  Downie  do  ?  lie  meant 
to  provide  for  defraying  the  expcnf«e  of  dele- 
gates to  another  convention.  Mr.  CuUen 
asked  me  if  I  meant  to  assert,  that  every  man 
who  is  concerned  in  what  is  called  the  cause 
of  reform,  is  to  be  supposed  going  the  whole 
criminal  length  of  every  other  man  engaged 
in  the  cause  of  reform  ?  I  say,  most  certainly 
not.  But  if  I  prove  that  Downie  acted  upon 
the  plans  and  views  that  the  British  Conven- 
tion did,  then  I  criminate  him.  What  was 
this  Committee  of  Union  ?  What  was  this 
Committee  of  Ways  ami  Means.  The  Con^ 
mittce  of  Union,  you  have  been  told  by 
MHUubben,  Orrock,  and  Brown,  one  of  its 
members,  that  the  Committee  of  Union  was 
for  the  electing  a  delegate  to  another  conven- 
tion, and  providing  monev  ibr  the  expense  of 
the  delegate.  What  is  this  less  than  acting 
upon  the  last  vote  of  the  Bridsh  Convention^ 
which  broueht  about  their  disper^^on.  What 
was  that  other  convention  to  be  ?  The  paper 
circulated  about  it  calls  it  another  British 
Convention.  Tlicn  the  ne.\t  convention,  to 
which  Mr.  Downie  was  to  elect  a  deputy  and 
pay  his  expenses,  was  to  be  similar  to  that  I 
have  mentioned.  What  was  that  convention  ? 
It  was  of  that  criminal  nature  I  have  stated,-^ 
a  conspiracjr  to  resist  the  legislature  in  the 
exercihc  of  its  functions,  to  support  itself  by 
force,  and  not  to  desibt,  till  opposed  by  that 
which  puts  an  end  to  all  rebellion,  superior 
force. 

It  might  be  said,  tlicre  was  to  be  a  convenr 
tion  to  meet  in  England ;  and,  however  ille- 
gal the  British  Convention's  views  and  pur- 
poses might  be,  Mr.  Downie  meant  not  the 
British  Convention  that  was  past,  but  the 
convention  which  the  £ni;lish  sociolies  meant 
to  call  in  England.  What  was  it  thc^'  meant 
to  call  in  England  ?  A  convention  similar  to 
the  British  Convention,  another  British  Con- 
vention, the  views,  the  objects,  and  acts  of 
which  these  Eiiglish  societies  applauded,  ap- 
proved, and  adopted :  and,  I  may  add,  that 
the  most  violent  of  the  acts  of  the  British 
Convention  were  the  natural  and  necessary 
result  of  the  principles  laid  down  by  the  Lon- 
don Corresponding  Society  for  the  direction  oi' 
its  delegates.  If  you  read  the  minutes  of  the 
Globe  Tavern  Meeting, — if  you  read  that 
paper  pubHshed  and  ^  circuLitcd  at  Chalk 
Farm, — the  whole  of  those  proceedings  arc 
founded  upon  the  last  vote  oi*  the  British 
Convention.  The  dispersion  of  that  conven- 
tion is  one  of  the  grievances  complained  of, 
and  It  is  the  model  upon  which  the  new  con- 
vention is  to  be  framed.    It  is  to  meet  in  the 


177J  J^f  High  Tre&ion: 

!  er^tiU;  to  resist  Hit  •  ufUiii  le- 

Xitte ;  la  tcpel  forcx*  Ij;  .  prtivenl 

Lerdi^   and   iloniinoQs  i 

c0tiHUA«r««  MwA  r««i9lilfthoTi 

llir  sme  maimer  as  tite  Bnti$it  vu..v,muij4) 

Jlivc  retuivctl  to  do. 

I  tf  i  I  ect  for  a  I 


A-  D-  ITM. 


[ITS 


,ii! 


1' 


aod  Hie  li 
liaelion  eti* 
lbr€emmjr 


»a  ftp  rt 


■Mil  WDUi 

Jloiinilput 
Horn  rti9  tn. 


al.i 


a 
tte  I' 

niylmbecfRi 

iljr  »i€t  lur  one 


mui  II ic 

k7 


by 

.t  V  *4ie*>iiv  auil  the 

ncc  bctwetn  that 

Ak ;  the  nicest  di*- 

Hfn.     Theohjeclof 

■'"  Jla 
on- 

"1  NIC  le- 
iuit?  ba 

.;   I - 

e?  It  is  a 

,  [lolr  t'\t'C\  I 

■111 ; 

lila 

ilurc  oi 

3d,    that 

is  uijiUiti^    more 

Ti   i^Mi*  is  done, 

rtlL'ct:  from 
iilion  tnci  to 
,  and  deter- 
l>>  a  superior 

ir.  IS  no  If^.J  JUl- 

%  Jx>rfJ^,  and  <  oin- 

uiuhdated,  if  such 

diij%    That  coulil 

i.  suvs  my   tricnd;  Tor  if  il 

. ->i  the  n>embMs  of 

M   tf'  br  ^udty  of 

,  thill  if 

1 1  in  the 

bcr,  ilicic  wuuU  have  been 


K  lly  the 

e  tnlurc 
10  support 


Elf- 


of 
lid 

'.;  a 
life 


omMntoiif  Mui  keeping  up  the  npint  ot  the 
fiilMii  <if  tbt  Pf  cTpir.  OttM-rvt^,  fur  one  n»<>- 
MSDf,    «»llat  tec    of  VVavs    ntld 

McMMii  ftrt:!  wduuJs,   l)nt  :irtrng 

ArtM  piiqicii4^  vihich  I  have  sUfrd,  dial  oo 
Mttlf  ilf  the  Ftiefwln  fif  Ih*!*  Prnple,  tODsl- 
^dW^M  lii  y»  lNi  itsfnisi- 

•«».    lis  0w  fni  lU,  aud 

"^   -^ornr^  Jt  i:uiUlllli1«e 


acted  by  authority,   and  uii  hthulf  of  the 

Friends  of  the  People  ;  and  mnrk  iht«  wordw, 

u  rctoUcfi  i !  Ill  one 

'  ^*     One  I  *  Rs  uf 

elect  and  pay  the  ejipcnscs  ol  to  ii 


*  Uie  important  e!nibaA!»y  whi'  u 

i'k'dlo  Vol  I  by  the  witnesses  ;  ai  ,    ri 

ufif  was,  to  provHie  fur  tiic  grand 

plari  ,  and  not  a  trivial  part  uf  it,  was, 

to  pTt>curc  iit^lrument^,  such  as  you  now  see 
upon  yonr  tdble  ;  and  shall  I  now  be  told  all 
Ihig  wai  irmocent,  and  that  the  convention, 
intended  to  b^  called  and  supported  by  butli 
mean^,  had  nothin*;  more  than  a  legal  relorin 
in  view?  1  dare  say  thousands  of  itu^e  dc- 
hitkd  men,  who  p:r  r  * 
Friends  of  the  Vwr, 
^ "  H',  as  I  hav€  he 

lod  and  many  r  Ir  ^ 

la  :    hut  was  tht  '.         :..-l  .:  yj 


the   name 
such  objects 


W. 


VIMU  XXIV, 


of 

in 

Jay 
1 1'  tr 

i.3 

Means  deluded?  Was  it  dchision  that  Jed 
lliem  to  send  Fairlcy  round  the  country  for  the 
purposes  for  which  he  went  ?  Was  it  delusion 
tlmt  made  them  desire  Orrock  to  provide 
pikes  P  Was  it  delusion  that  induced  them  to 
pay  Brown  lor  the  pikes  be  had  made  ?  Was 
It  delustion  that  made  them  consult  and  con- 
sider of  the  cxtraordmary  plan»  of  which  you 
have  heard  so  much  ?  Mr.  Cullen  desired  you 
til  consider,  whether  it  was  possible  that  tiiese 
low  men,  assembled  in  small  numhrrs,  jin^iint 
all  these  great  purposes  which  I  h;ivt*  vfaled 
ihera  to  have  meant ;  and  slated  the  wildncss 
and  extravaf^ance  of  the  plan,  as  rendering  it 
impossible  for  you  to  give  credit  to  it»5  exist- 
ence. Whether  the  sch*?me  was  wild  and  ex- 
travagant, or  not,-- 1  will  not  take  ujion  me 
to  sny  :  1  he  wild  n ess  and  exiruvagatice  of  the 
scheme  does  not  prove  the  scheme  <hd  not 
ejcist;  and  men  arc  not  to  cscaf>c  puui%h' 
nient^  because,  thank  G*hJ,  iljc  spirit  of  the 
cotmtry  is  such,  thai  any  such  pian,altlK>ugh 
supported  by  numbers  much  p^eater  than 
theirs,  and  men  more  powerfid  than  J  hoy, 
would  be  Wild  and  eiilravaeunt:  But  why  sire 
such   schemes  wild  and*    '"  nt.     Il  is, 

becvmse  the  spirit  «jf  lb  is  awake; 

and  because   so  mi3T:''  -  ii. habitants  of 

these  kinc^doms  ba\  ed  lorth  by  the 

alarm;  and  have  stot.L 1  m  u  w  iv  whif  h 

docs  them  huuour,  aitd,  i  tru^t,  bn  e  ] 

to  the  designs  of  malevolent  and  y/\< 
whether  few  or  numerous;  whettirr  Jit  iron 
or  abroad.     But,  thM  there  wan  ^^ich  a  phin  j 
not   less  true,  beCHu*«   national  loyalty  aii^ 
spirit,  a  love  for  the  king,  and  veneration  ta 
iiic  constitution,  hare  r«odered  il  wild 
extravagant 

Oentlemen,  you  nughl  hav<»  thought, 
haps,  in  former  parts  of  your  life,    that 
scheme  bv  '  n  low  occupatbns  ii 

Jde,  and  pomt  uf  money. 

averb«t  aii  t  ^*iibvi»4  lUt'  ^^^^enuueut  ^A  %^ 

N  m 


Bi^aaiSiAHtfii^s^a^ 


179] 


S*  GEORGE  111. 


Trial  of  David  Do^nie 


[180 


country,  was  a  thing  so  extmvajant,  that  its 
extraviigance  was  evidence  of  its  natt-ej[ist- 
ence:  but  can  you  think   so,  at  this  day? 
Have   you  not    seen    a   mighty   monarchy 
crurableri  to  pieces?   Have  you  not  seen  a 
great  king  lea  to  the  scaffold  ?  Have  you  not 
seen  all  that  was  great,    was  learned,  was 
respectable  or  sacred,  in  oue  of  the  mightiest 
monarchies  in  Europe,   scattered  like  chaff 
before  the  wind,  by  instruments  whom,  hut  a 
few  years  ago,  you  should  have  thought  vile 
and  contemptible?    To  use  the  phrase  which 
I    borrow  from   my  learned  friend  near  me, 
Uecause  I  never  can  do  better  than  when  1 
liorrow    from   him- — Such   schemes  are    the 
trea-^on  of  the  day;   the  growth  of  this  par- 
ticular period;  the  treason  of  the  hour  in 
which  we  now  live.    Melancholy  experience 
assures  us  of  their  existence;  and  even  their 
extravagance  itself  may  rn  some  degree  fur- 
nish the  means,  and  faciUtate  their  execution,   i 
I  must  next  call  your  attention  for  a  very 
few  moments  to  this  committee.    First,  it  is 
-to  pay  the  debts  of  the  past  convention  ;  then 
to  provide  for  the  expenses  of  delegates  to  a 
Dcw  convention ;  tlien  it  becomes  a  Committee 
fof  Union  too   large  to  act,  too  great  in  its 
lliumbcrs;  then  a  smaller  committee  is  formed ; 
b  permanent  committee ;  a  secret  committee, 
Ffionsisting  of  seven   mem  be  re,  chosen  from 
[the   CommiUee  of  Union.      What  are    the 
IjKJwers  entrus^ted  to  that  committee?    Unli- 
fliiiLed  powers  overihc  s<3ciety  at  hrge,  as  far 
[^  delegation  can  go.    One  of  the  witnesses 
id  great  difficulty  in  saying  it  was  a  secret 
IfommiUee,  and  did  not  know  what  committee 
Jilwas>;  at  last  he  says,  it  was  just  such  a 
Icommittee  as  men  would  have  who  wished  to 
I  keep  their  business  secret  and  private;  that 
[is,  a  commiLlee  of  secrecy.     Now,  what  are 
rthe  acts  of  this  committee?   Its  ftrsl  act  is,  to 
Testablish  a  set  of  collectors,  who  were  to  col* 
fleet  sense  and  mone^  ;  who  were  to  know 
[  vhat  number  of  patriots  could  be  depended 
^lipon;  what  exertions  could  be  made  in  the 
great  cause. — Read  the  circular  letter,  and 
nen  tell  me  what  were  the  views  of  the  com- 
FlDittee,     *'  We  would  wish  to  be  informed 
[  iKhat  number  of  friends  you  have,  whose  pa- 
ir iotissm  you  can  rely  upon,  with  the  most 
[implicit  confidence,  and  whom  you  know  will 
I  spare  no  exertion  whatever  iu  promoting  the 
L great  cause  we  have  in  hand;'*  patriotism  is 
not  sulficicDt  1  greater  exertions  are  necessary. 
[  What  were  these  ?    Read  Fairley's  paper  with 
the  blank,  as  he  has  filled  them  up;  what  is 
wanted  at  Stirling?    Courage.    What,    was 
courage  wanting  for  a  petition  to  parhament? 
wai  courage  wanting  to  procure  a  reform  by 
legal  and  peaceable  means?    No:    courage 
was  wanted   for  the  hand   to  guide    tho^e 
pikes;  courage  was  wanted  for  the  toijcclors 
v^ho  were  to  conduct  the  division*;;  couraj^c 
was  wanted  to  seize  the  Castle  of  Edinburgh, 
I'  and  overcome  them  whose  duty  it  was  to  dtf- 
fend  it ;  to  sei^e  the  judges,  aiid  oliier  magis- 
Iratei  of  the  country;  aad  to  3eize  upoa  the 


banks,  and  deluge  this  country  witli  blood, 
from  one  end  to  Uie  other. 

Gentlemen,  one  of  the  first  tilings  done 
after  appointing  tiiese  collectors  is,  a  meeting 
for  the  purpose  of  answering  Mr,  Hardy*s  cir- 
cular  letter,  respecting  another  Britbh  Con- 
vention, about  which  I    have   said  enough. 
Watt,  the  leading  member  of  the  committee; 
Downie,  the  treasurer,  the  general  treasurer 
of  the  Friends  of  the  People,  were  tK)th  pre- 
sent at  that  meeting.     Mr.  Watt  produces  a 
plan  which  he  reads  to  the  committee.    Mr, 
Culleu  reads  a  quotation  to  you,  to  prove, 
that  if  a  person  was  once  present  at  a  consul- 
tation   for    treasonable     purposes,    without 
knowing  wlmt  the  purposes  of  the  meeting 
were,  he  could  not  be  guilty  of  treason  ;  most 
unquestionably  not ;— nor  would  I  call  upon 
you  to  say  Mr.  Downie  was  guilty  of  treason, 
if  he  had  never  done  more  than  being  present 
at  this  meeting:  and  if  nothing  more  passed 
than  passed  the  iirsi  evening  the  plajiwas 
read;   if  Mr.  Downie  had  known  nothing  of 
the  nature  and  objects  of  the  committee ;   if 
he  had  done  nothmg  before  or  since,  to  prove 
his  knowledge  of,  and  accession  to  the  whole: 
the  barely  being  present  at  a  meeting  for 
treasonable  purposes,  without  a  knowleflffe  of 
these  purposes  before-hand^  is  not  of  itself  an 
overt  act  of  hii:^h  treason.    But  what  was  his 
conduct  when  the  plan  i^'as  produced  ?    Two 
persons  (one  of  whom,  if  he  was  engaged  in 
schemes  at  any  time  liostile  to  the  consUtu* 
lion  of  his  country,  has  most  unquestionably 
made  that  constitution  all  the  amends  in  his 
power,  by  the  candid  manner  in  which  he 
gave  his  testimony) ;  I  mean  M*Ewan,  when 
that  plan  was  mentioned,  exclaimed  against  it; 
and  would  not  agree  to  any  thing  that  was  to 
occasion  bloodshed  in  the  country  ;  Mr.  Bon- 
throne  5aid,  No,  no;   and  seemed  to  be  in 
greal  fright, — Bonthrone  immediately  deter- 
mined to  leave  the  society,  and  to  get  rid  of 
it  tor  ever,  and  tree  himself  from  every  dan* 
^erous  consequence,  which  might  attend  his 
having  been  present  at  such  a  meeting,  by 
stating  to  the  world,  that  he  had  withdrawn 
from    these   connexions.      This  conduct  of 
Bonth rone's  strongly  corroborates    the  evi- 
dence of  what  the  plan  really  was;  it  proves, 
that  it  was  a  plan  of  very  i;reat  danger,  and 
very  great  alarm  ;  the  plau  proved  is  precisely 
consistent  with  the  eftec  t  the  reading  of  it 
produced  on  them  ;  it  was  to  seize  the  Casllc 
of  E<linbtiTgb,  raise  a  tire  at  the  Excise-of- 
fice, and  when  the  soldiers  came  out  to  ex- 
tinguish it,  the  Friends  of  the  People  sta- 
tioned for  the  purpose,  were  to  attack   them. 
Ah  thes^c  things  wcn^  lo  be  done,  nut  bv  the 
assistance  of  ludilleretU  mcn»  who  might  be 
pitked  up  by  Watt  and  Duwuie;  but  by  those 
who  meant  to  eh  rl  delegates,  and  pay  their 
expenses  lo  a  future  couventioiL  by  the  con- 
stituents of    the  Committee  of  Ways   and 
Means :  one  jiarly  was  to  meet  at  the  Lucken* 
booths,  auolrjcr    at   the  Bow,   others    were 
to  be  statiojicd  to  scire  the  judges  and  ma 


18Ij  fir  High  Treason. 

gistntes    of    the    city,    mnd   the   hanks; 
and  then  couriers  were  to   he   sent  into 
the  couDtrjTy  putting  the  farmers  in  a  state 
of  requisitioD,  and  the  gentry  in   a  state 
of  confinement,  under  the  penalty  of  death 
for  their  disoh^ltence ;  and,  last  of  all,  his 
myesty  himself  was  to  be  made  to  submit  to 
the  inll  of  these  conspirators.     When  this 
phn  is  read,  what  says  Downie  of  it  ?    Is  he 
alarmed  at  it  ?    Is  there  any  evidence  of  his  | 
ft^t  upon  the  occasion ;  or,  is  there  any  ; 
thmg  of  his  drawn  up  to  satisfy  the  world,  | 
be  had  abandoned  all  tnese  committees  ?  But  i 
I  am  ready  to  take  it,  that  at  that  meeting 
be  neither  assented  or  dissented.     It  cannot 
be  denied  the  evidence  eoes  this  length  at 
lent:   but  did  Downie  do  no  more?     Mr. 
Downie  met  Mr.  Orrock  at  that  Committee 
of  Ways  and  Means ;   and  Mr.  Downie  at 
tbat  Committee  of  Ways  and  Means,  with 
Mr.  Watt,  gave  orders  for  the  instruments 
that  were  to  accomplish  this  plan,  and  which 
DOW  lie  upon  your  table.    Does  a  man,  when 
be  has  dissented  from  a  plan,  join  with  ano- 
tbcr  in  ordering  the  instruments  to  accom- 
plish Hy  and  carry  it  into  execution }    Orrock 
tells  you,  Downie  was  present  when  he  had 
tbe  first  conversation  with  Watt,  when  he 
aud  he  would  make  a  pike :    What  did  Or- 
rock do  when  he  made  it?    He  brought  it 
back:   To  what  place?   to  George  lioss's, 
where  the  Committee  of  Ways  and  Means 
Bttt    Did  he  deliver  it  to  Watt  alone,  by 
cdliaf^  him  out  from  the  meeting,  or  deliver 
it  to  hun  publicly  in  the  Committee  of  Union ; 
10,  he  called  out  Mr.  Watt  and  Mr.  Downie ; 
the  Sub-committee  met  in  the  same  house 
vith  tbe  Committee  of  Union;   Watt  and 
Downie  were  members  of  both  committees ; 
and  they  were  called  out  by  Onock  as  Sub- 
committee-men, acting  together,  to  talk  about 
these  pikes.  Did  Downie  say  to  him,  you  have 
been  talking  of  a  plan  that  is  to  destroy  the 
^vcmment  of  this  country  ?    You  have  been 
talking  of  a  plan,  that  mav  deluce  the  streets 
of  Edinburgh  with  blood ;  ana  now  you  are 
providing  instruments  and  weapons  for  the 
purpose  of  carrying  it  into  execution,  I  will 
have  no  more  connexion  with  you:   These 
axe  not  the  purposes  for  which  we  have  asso- 
cialcd :  these  are  not  the  objects  of  our  com- 
mittees?   No.     He  joins  with  Watt  in  telling 
Orrock  to  make  a  numl)er  of  pikes,  and  then 
bring  them  back.     To  whom  was  Orrock  to 
bring  them  ?     To  the  Committee  of  Ways 
and  Means,  consisting  of  Mr.  Downie,  and 
Mr.  Stoke,  and  I  believe  at  that  time,  if  I  re- 
collect, M'Ewaii.     When  Mr.  Downie  hrard 
Mr.  Watt  was  apprehended ;  when  he  heard 
thjit  M*£wan  haa  been  examined,  lie  goes  to 
Mr.  M'Ewan,  and  asks  him  what  questions 
bad  been  put   to  him,  and  tells  hnn— Mr. 
M*£wan,  it  yon  arc  examined  again,  and  you 
are  asked  whether  you  know  me,  say  no: 
aid  if  I  am  asked  wkiethcr  I  know  you,  I  will 
*ay,  no.    Mr.  M'Ewan*  much  to  his  honour, 
Ri'uKd  to  have  any  tiling  to  do  with  such  a 


A.  D.  nQ*. 


ri8i? 


scheme.  But,  Is  Downic*s  the  conduct  of  an 
innocent  man  ?  No.  It  is  the  conduct  of  a 
man  who  had  assented  to  the  plan  from  the 
beginning.  And  here  I  must  remark,  that  it 
was  from  this  conversation  that  M*Kwan  for 
the  first  time  learned  that  Downie  had  paid 
mone}[  to  Martin  Todd  and  Brown  for  pikes. 
Who  is  Brown?  He  is  concerned  in  the 
same  business,  in  which  Downie  and  Watt 
employed  Orrock.  Brown  is  employe<l  to 
make  pikes— Who  pays  Brown?  Downie. 
Out  of  what  fund  ?  Out  of  the  fund  of  the 
Committee  of  Ways  and  Means.  Who  or- 
dered the  pikes  from  Orrock  ?  The  Commit- 
tee of  Ways  and  Means.  Now,  I  am  told,  I 
have  not  proved  that  Downie  knew  that  this 
money  was  paid  for  pikes.  I  leave  you  to 
judge  of  that.  Orrock  was  employed  to  make 
pikes  by  order  of  the  Comniittce  of  Ways  and 
Means.  Brown  was  employed  by  Watt  for 
the  same  purpose ;  he  pays  him  by  an  onlcr 
upon  Downie,  the  treasurer  of  the  committee, 
the  general  treasurer  of  the  Friends  of  the 
People.  Downie  pays  him  out  of  these  funds 
— ^Is  it  credible  that  he  did  not  know  the 

Eurpose  for  which  the  money  was  paid  ?   Did 
e,  who  employed  Orrock,  not  know  the  oc- 
cupation of  Brown  ?    But  if  this  be  not  suffi- 
cient evidence  of  the  complete  assent    of 
Downie,  attend  to    the  evidence  given  by 
Fairley.    Whom  was  Fairley  employed  by  ? 
Originallv  by  Mr.  Watt  ?    No.    By  the  Com- 
mittee of  Ways  and  Means.    Whose  message 
was  he  to  carry  P    A  message  from  the  Com- 
mittee of  Ways  and  Means.    Whose  instruc- 
tions had  he  to  carry  ?    The  instructions  of 
the  Committee  of  Ways  and  Means.    Who 
did  he  give  back  the  instructions  to?     He 
was  to  give  them  back  to  a  clerk  of  the  Com- 
mittee of  Ways  and  Means.    Still  I  am  told, 
that  Mr.  Downie  knew  nothing  of  the  mis- 
sion of  Fairley.    It  is  said,  he  might  mean 
only  to  send  those  letters  and  papers,  and 
might  not  mean  anything  about  the  plan. 
It  was  the    instructions    alone,  which  told 
Fairley  where  he  was  to  go,  and  where  he 
i  was  to  deliver  those  letters.     He  was  to  de- 
I  liver  the  letters  at  Falkirk,  Stirling,  Burrows- 
I  tounness,St.  Ninians,  Kilsyth,  Kirkintulloch, 
!  Campsie,  Glasgow,  and  Paisley.     You  wiil 
!  determine  if  these  instructions  did  not  come 
!  from  the  Committee  of  Wa.ys  and  Means; 
.  for  it  is  admitted  Downie  knew  of  tlie  distri- 
.  bution  of  the  »)apers,  and  knew  where  they 
were  to  be  conveyed ;  and  did  he  then  n<tt 
'■  know  of  the  instructions  by  which  Fairley 
was  told  the  route  he  was  to  tnke  ?     Read 
'  the  circular  letter,  and  say  whether  there  is 
!  not  a  pretty  close  connexion  between   that 
'  letter,  and  the    plan    and   projects  already 
1  mentioned  ?      Whore  did  Fairley  go  when  he 
I  came  back  ?    To  the  Committee  ot  Ways  and 
Means.     Who  jmid  the  cxi»cnsrs  of  his  jour- 
ney?   Downie.     Troin  whom  did  he  get  the 
money  to  enable  him  u>  i^o  ?     From  Downie. 
Now,  if  Mr.  Dowmc  knew  nothing  of  those 
iustructions,  did  it  never  occur  to  him  to  ask 


183] 


U  GEOIIGE  III. 


why  (lid  you  go  to  Glasgow,  o#to  this  or  thdt 
place  ?  Was  Downie  surprised  at  the  circuit 
ne  had  made,  or  did  he  inquire  for  what  pur- 
pose, or  with  what  view  it  was  undertaKen. 
No,  00  tlie  contrary,  he  readily  ^id  him  for 
his  trouble  in  undertaking  the  journey,  and 
seemed  satisfied  with  the  manner  in  which  it 
was  performed.  You  will  judse  from  that, 
whether  Mr.  Downie  knew  of  the  other  trans- 
actions of  the  Committee  of  Ways  and 
Means.  Gentlemen,  you  recollect,  too,  that 
when  Watt  and  Downie  gave  instructions  to 
Orrock  to  make  the  pikes,  Watt  and  Downie 
desired  him  to  keep  in  his  eye  the  drawing 
they  made ;  and  when  he  brought  the  pike 
he  had  made,  he  was  sent  out  of  the  room 
while  Watt  and  Downie  had  a  consultation 
together.  After  that  consultation,  he  was 
cuTled  from  the  Committee  of  Union,  into 
which  he  was  goine,  and  received  from  them 
two  jointly,  the  oraer  for  the  pikes,  which  he 
executed,  and  which  now  lie  before  you. 

There  is  another  circumstance,  a  strong 
circumstance  it  is  too :  a  pike  has  been  seen  in 
the  house  of  Mr.  Downie :  when  it  was  seen, 
it  was  endeavoured  to  he  concealed ;  it  was 
called  by  Mr.  and  Mrs.  Downie  a  dividing- 
knife.  Whetl\er  the  ini^trunient  that  is 
now  produced  be  like  a  dividing- knife  or  not, 
you  will  judge.  That  conversation  between 
Mr.  and  Mrs.  Downie,  affects  Downie  with  a 
knowledge  of  these  pikes  being  in  the  house. 
The  circumsuncc  ol  its  being  called  a  divid- 
ing-knife, and  concealing  both  itK  being  there, 
and  what  it  really  was,  is  one  to  which  you 
will  no  doubt  give  its  due  weight.  Certain 
it  is,  that  it  was  not  foimd  in  his  house  when 
search  was  made  several  days  after  the  ap- 
prehension of  Watt.  Vou  recollect  the  pike 
was  seen  in  his  house  prior  to  the  apprehen- 
.sionof  Watt,  and  posterior  to  theapprenen.sion 
of  Watt  was  not  found  there ;  and  it  was  after 
that  apprehension,  too,  that  he  went  and  had 
that  conversation  with  M'Ewan,  which  I  have 
mentioned:  you  will  judge  whether,  from  all 
these  circumstances,  there  is  not  complete 
evidence  of  Downie  be'inf'^  part iceps  crimims; 
of  his  having  assented  to  that  plan  of  treason, 
in  all  its  circumstances;  the  conversation 
withM*Ewan;  the  tinding  the  pike  in  the 
house;  conversing  with  Hrown ;  sending 
Fairley,  and  paying  him  after  he  rame  back 
from  his  journey  ;  the  pikes  being  actually 
made  by  Orrock,  as  ordered  by  him  ;  and  his 
not  dissenting  from  the  plan  when  read,  and 
his  full  knowledge  of  all  the  views,  plans, 
and  objects  both  of  this  convention  and  the 
prcccdinu  convention,  with  all  those  rircum- 
stances  in  your  minds,  tell  me  whether  the 
result  is  not  complete  conviction  ? 

Now  I  come  to  the  Fencible  paper.  Upon 
that  I  shall  make  no  comment.  1  desire  you 
to  read  it ;  and,  after  you  have  read  it,  judge 
whether  it  does  not  insinuate  to  the  soldiers, 
that  their  wives  will  be  ravished  ;  their  chil- 
dren and  fathers  butchered  by  troops  of 
fi^reign  mercenarioB.    Gentlemen^  does  tbe 


TrM  of  David  Dannie  [IBi; 

Eaper  mean  that  these  horrible  deeds  were  to 
e  perpetrated  by  foreign  invaders?  Tliey 
were  to  be  perpetrated  by  those  who  come  to 
be  received  here  in  kindness  and  hospitality. 
Who  are  these  that  are  to  be  received  with 
kindness  and  hospiulity?  That  paper  saysy 
these  outrages  were  to  be  the  return  for  kind- 
ness and  hospitality.  To  whom  was  kindness 
to  be  shown  ?  To  the  troops  brought  here  by 
his  majesty  to  defend  the  country,  and  not  to* 
those  that  come  to  invade  it.  The  allusion  to 
the  massacre  of  Glencoe,  while  it  brings 
melancholy  and  disgraceful  scenes  to  our  re- 
membrance, clearly  points  out  what  the  troops 
are,  which  the  paper  insinuates  were  to  be 
brought  here  to  do  those  deeds  of  horror. 
What  is  the  fair  construction  of  this  paper, 
but  an  endeavour  to  insinuate  to  the  soldiers 
of  this  country,  that  if  they  were  to  defend 
another  part  of  this  nation  Irom  an  invasion, 
the  very  government  they  went  to  defend, 
would  ravage  their  country,  destroy  their  fami- 
lies, and  massacre  every  person  they  held  dear. 
A  dotibt  has  been  suggested,  whether  the  dis- 
l>ersion  and  publication  of  the  paper  can  be 
evidence  under  this  indictment?  I  take  it 
there  is  no  room  for  such  doubt. 

Gentlemen,  we  have  charged  the  prisoner 
with  a  conspiracy  to  resist  the  government  of 
the  kingdom.  We  have  charged  him  with  a 
conspiracy  to  compel  the  king  to  yield  to 
certain  demands.  I  am  entitled  to  give  every 
act  of  his  in  evidence,  which  will  prove  that 
conspiracy,  or  which  can  explain  the  objects 
he  had  in  view.  Above  all,  I  am  entitled  to 
give  in  evidence  the  means  he  used  to  make 
that  conspiracy  effectual,  and  the  mode  he 
took  to  compel  the  king  to  >ield  to  his 
demands,  the  engines  he  employed  to  support 
his  convention,  and  render  vain  all  resistance 
to  its  decrees.  One  of  these  means  were, 
those  instruments  Iving  upon  the  table?  ano- 
ther was,  inciting  tiie  soldiers  to  mutiny  and 
rebellion,  and  depriving  the  crown  of  those 
legal  means  of  resistance,  with  which  the 
conslitiUion  has  most  Mi^ely  entrusted  it.  I 
am  not  obliged  to  lay  all  the  evidence  as  overt 
acts;  out  ot  kindness  to  the  prisoner,  and  in 
order  th.it  he  mi»ht  have  as  lull  a  knowledge 
as  possible  of  tne  case  we  meant  to  make 
against  him,  as  this  mode  of  trial  is  somewhat 
nmv  in  this  country,  we  have  been  unnecessa- 
rily minute  and  particular  in  our  indictment. 
Many,  very  many  of  what  we  have  laid  as 
distinct  overt  acts,  might  have  l>cen  given  in 
evidence  under  a  more  general  charge.  It 
cannot  be  doubted  that  the  plan  iuv  securing 
the  Castle,  and  every  thing  relative  to  the 
ordering  or  ])repariiig  of  pikes,  might  have 
been  given  in  evidence  under  a  charge  of  a 
conspiracy  to  levy  war,  or  to  depose  the  king; 
and  of  that  conspiracy  there  would  have  been 
evidence ;  they  may  alsu  be  stated  as  overt 
acts  in  themselves ;  because  they  are  means 
used  to  effectuate  the  |nirpose  of  the  mind, 
and  that  a  purpose  which  cannot  be  carried 
into  ezecviion,  without  endigigering  the  life 


183] 


far  High  Treason* 


A.  D.  17M. 


[186 


of  hb  mfttesty,  and  bringing  his  person  into 
danger  and  peril ;  a  more  direct  evidence  of  a 
coDiipiffacy  to  levy  war  again&t  the  king  can- 
not M,  than  the  circumstance  of  debauching 
the  araayy  and  endeavouring  to  arm  the  sub- 
jcclB  against  the  sovereign.  It  is  to  deprive 
ilie  king  of  the  assistance  of  his  subjects,  and, 
in  the  words  of  lord  chief  justice  Treby, 
which  1  have  already  read  to' you,  he  that 
intends  to  deprive  the  king  of  the  assistance 
of  his  subjects,  cannot  intend  less  than  his 
ruin  and  destruction. 

Now,  take  all  these  facts  together.  Take 
the  intentions  they  had  in  view;  the  means 
they  took  to  carry  their  intention  into  execu- 
tion :  take  the  plan  of  calling  a  convention ; 
take  the  plan  of  seizing  the  Castle;  consider 
what  were  to  be  the  nature  and  power  of  that 
convention  when  called ;  the  means  used  to 
dd)auch  the  army ;  the  actual  facts  of  making 
and  providing  arms;  and  then  judge,  geutlc- 
men,  whether,  ifthis  scheme  had  been  carried 
into  execution,  his  majesty's  life  would  not 
have  been  in  danger }  Had  this  scheme  been 
carried  into  execution,  there  would  have  been 
DO  covemmcnt  in  this  country.  The  Kin^, 
Lords,  and  Commons  were  superseded  in  their 
aathoiity ;  force  was  to  take  place  of  law,  and 
the  wiJl  of  the  multitude  to  stand  in  lieu  of 
the  constitution.  It  is  with  great  satisfaction 
1  say,  that  all  those  designs  have  proved 
abortive.  I  know  that  there  is  a  spirit  of 
loyalty  in  these  soldiers  who  have  been  at- 
tempted to  be  debauched,  as  well  as  in  almost 
all  the  inhabitants  of  this  country,  which  I 
trust  will  long  render  all  such  attempts  abor- 
tive, by  whomsoever  they  may  be  made,  or  by 
wbomsoever  they  may  be  conducted  But, 
let  it  not  be  said,  that  because  such  scheme 
Bay  be  abortive,  if  attempted  to  be  carried 
into  eieaition,  that  those  concerned  are  not 
to  be  puni«hed  for  the  crimes.  It  is  no  light 
thing,  gentlemen,  to  attempt  to  set  aside  the 
xoyernn'ient  of  the  country.  The  slightest 
evils  which  can  arise,  and  the  least  dangerous 
consequences  that  must  ensue  from  attempts 
to  supersede  the  laws  and  constitution  of  the 
country,  and  to  render  every  thing  subservient 
to  the  will  of  the  multitude  is,  the  letting 
loose  the  turbulent  passions  of  mankind,  and 
the  removing  for  a  time  the  wholesome  rc- 
Mraints  of  law  and  order ;  and  it  is  no  light 
thin^  to  remove  the  restraints  of  law  from  the 
multitude.  The  restraints  of  law  arc  as  much 
a  part  of  your  liberties,  as  any  other  part  of 
the  const  it!  It  ion.  It  is  the  reslramtoflaw  that 
confines  the  unruly ;  it  is  the  restraint  of  hiw 
that  cuntroh  the  violent;  it  is  the  restraint 
of  law  that  prevents  the  turbulent  passions  of 
niaiikind  from  overwhelming  this  country  and 
every  other  '■oiintry  in  blood.  Remove  tht* 
restraints  of  hiw,  and  no  one  can  icll  the 
mi^liief  he  introduces.  Its  eflfcct  upon  tlio 
BMilittiidc,  which,  in  all  ages,  and  in  all 
cormtrieA,  is  nearly  the  same,  is  well  described 
hy  the  eliegant  Roman  historian  Livjr,who,  in 
n«irbUng  some  of  the  sudden  rcvolotums  which 


took  place  in  some  of  the  states  of^icily,  in 
which  the  minds  of  the  lower  orders  of  men 
were  much  aritated,  philosophically  and  ele- 
gantly remarKs,  '<  ilxc  natura  multitudinis 
est:  aut  servit humilit^r,  aut  supcrbc  domina- 
tur :  Libertatem  quae  media  est,  nee  spernere 
modic^,  nee  habere  sciunt*  et  non  ferm^ 
desunt  iranim  indulgentes  mmistri,  qui  avidos 
atquc  intempcrantes  plcbeiorum  animos  ad 
sangiiinem  et  cedes  irritent:  Sicut  tum  ex- 
templo  prac tores  rogationem  promulgarent,  ac- 
ccptaque  pene  priusquam  promulgata  est,  ut 
omnis  regia  slirps  interficeretur."  May  God, 
in  his  good  providence,  avert  such  evils  from 
this  happy  land !  But  let  us  not  be  inattentive 
to  the  page  of  history,  or  to  the  experience  of 
the  present  hour,  and  leave  unpunished  these 
dangerous  attempts,  because  the  spirit  of  the 
nation  may  ultimately  render  them  abortive. 
Such  an  attempt,  dchberately  resolved  upon, 
and,  as  we  imagine,  clearly  proved,  we  have 
laid  before  you.  It  is  your  duty,  calmly  to 
weigh  the  whole  of  the  evidence,  coolly  to 
consider  the  matter,  and  lay  vour  hand]»  to 
your  hearts,  and  say,  ii^hether  this  prisoner  be 
guilty  or  not,  of  the  treason  laid  to  his  charge, 
as  the  crime  is  great,  and  the  consequences  of 
the  attempt  dreadful.  Yeu  are  anxiously  to 
guard  agamst  every  impression  which  horror 
for  the  crime,  or  dread  of  its  consequences, 
may  have  upon  your  minds.  If  the  crime  is 
great,  the  punishment  is  also  the  greatest  the 
law  knows,  or  which  a  subject  of  Uiis  country 
can  suffer:  and  satisfactory  ought  to  be  the 
evidence  which  calls  upon  you  to  pronounce  a 
verdict  of  guilty.  Such  we  think  we  have 
laid  before  you;  but  if  you  can  acquit  him 
upon  the  evidence,  I  shall  rdoice.  I  have 
done  rny  duly,  and  my  learnen  friends  their 
duty,  in  laymg  the  case  before  you.  It  is 
your  huhiness  to  judge  of  it,  and  judge  of  it  I 
am  sure  you  wil^  in  a  manner,  that,  whether 
you  acquit  or  condemn  the  prisoner,  from  tlie 
cluractcr  you  bear  in  the  world,  and  from 
your  conduct  and  attention  this  day,  your 
decision  will  reflect  honor  on  yourselves,  and 
credit  on  your  country. 

SumfiiiG  UK 

The  Lord  Presideni ;— Gentlemen  ?— Tlic 
circumstances  which  have  been  exhibited  to 
view  upon  the  present  occasion,  are  some  of 
then)  of  a  nature  so  extraordinary,  that  I  be- 
lieve, at  any  after  time,  the  existence  of  tiiem 
will  not  easily  be  credited. 

Tlicre  have  been  periods  in  the  history  of 
this  country,  (I  mean  Ijcotland),  when  the 
lower  classes  of  people  had  reason  to  com- 
plain of  their  condition;  wlien  ignorance, 
idleness,  and  superstition  reigned,  and  poverty 
was  the  consequence  ;  when  the  power  of  the 
ni»hU:s,  and  chiefs  of  clans,  was  too  great  for 
the  kin^  and  the  body  of  the  people.  In 
those  times,  commerce  and  manufactures 
were  unknown  amongst  us,  and  agriculture 
was  nearly  in  the  same  state ;  the  chief  em^ 
pk)ymcnt  of  all  ranks  of  men  in  the  country^ 


IS7J 


34  GEORGE  fIL 


Trial  cfDinid  Dovcnie 


ri88 


hrin^  ovti  w;ir,  Umiiy  fnuU,  riot,  and  depre^ 
rhtKm.  Rut  how  wirlcW  diflferent  haw  the  «Ule 
of  thi<  country  fiffri  for  ft  conittflcrable  lime 
hwk  '  And,  pnrrirtiUrlyy  v^hat  is  it  at  the  pre- 
Afint  niornrrit  ^  f  will  ircntiirc  ti>  »ay,  there  is 
no  rmiritry  rxisting,  which  is  at  present  more 
fl#iiiri«hmfi(;  no  peoole  whose  general  con- 
diti/»n  i^  hrtter,  or  wh'ise  rights  and  hberties 
HTf  nuiTf.  firmly  s^-curwl. 

f  rr nrlcmen,  the  evil  d'>es  not  lie  there,  but 
in  H  dillcrrnt  qii.irler  altr^ffether.  f  am  afraid 
it  is  loo  wfil  known.  ItTies  in  the  insidious 
nttrrnpU  ii(  driii^ning  and  desperate  men,  to 
brinji;  ihisrounlry  into  the  misrralilc situation 
of  l'r»i»(:r.  It  IS  not  a  fltnig^lc  for  liberty,  in 
a  proper  sensr.  It  is  not  a  strii)];gle  for  hap- 
piness. It  i«  not  a  strngf(le  vvtiu  for  reform, 
tlioiiKh  tliat  word  has  brea  inurh  used.  Ke- 
jorni  is  no  doidit  the  prricnre;  but  it  is  too 
obvious  that  Ibr  rejil  olijf'cl  is  power.  It  is 
to  throw  thf  powrr  ol  thrRUite  iulo  the  hands 
of  jMipulnr  Irndrrs,  who  thrnisrlvf:s  would  be 
bMl,  tiH  thry  ;irn  in  itnothcr  rounlry,  by  the 
nmltitudr. 

(trnllrnirn,  it  is  nrnHesn  to  enlarge  ii|)on 
tlii>;  tri|ii( .  I  will  only  br{(  Iruve  to  read  a 
pRssti^r  wliirh  strut  k  inr  ii  goiKl  deal  in  an 
ndniiinhlr  spfrrh  lately  ilrlivrrnl  in  the  par- 
rMiucnl  of  lirlnnd,  wdrrr  this  matter  is  put 
in  a  I  Inir  point  <»f  view.  ••  The  rash  career, 
lUiil  lutal  ruii<(ri|uriuTS  of  a  rcfoiniing  spirit, 
ha VI'  latrly  brrii  hrou)cht  before  our  view  by 
fticln  H)  si  liking  luid  impressive,  that  what 
was  formerly  ronjerluir,  is  now  eonviilion; 
and  ifwr  will  not  liillowtlie  example  of  others, 
we  n»ay  possibly  add  to  future  misfortunes, 
till'  agftravsition  of  <«elf  n'nr«»,icli.  The  pro- 
pn  «is  iH  natural,  and  is  applieable  as  a  warn- 
ing; to  rvrry  eouulry  in  Ivurope ;  for  there  is  so 
murli  ui\ifornul\  in  the  uahire  and  prweed- 
in^^ol  nianjhal  in  their  eombinalioiiNul must 
ah\:»>''  ^inular  r-uivs  produre  similar  elVctls, 
sinulai  « onihtions  similar  eonst'ipicmes,  and 
thrrefoiv  I  do  not  he<^itate  to  say,  with  every 
degviM'  o1  rr*pei't  and  alVeftion  for  the  people 
.let in j:  xvUlnii  theii  p»oj»er  spheiv.  with  every 
degree  of  lonvjclion.  that  their  h;»ppiiie?s  is 
the  *  hirl  euil  and  iA\\fy\  ofevrry  giHHi  i;overn- 
menl ;  \  lio  not  hesitate  to  say.  that  there 
nevTv  ha*  brrn  an  m^'tanre  in  ar.v  a^e  or 
eomUn.  ni  \xhiih  ^v.IiIumI  povrr  ^la*  l>cen 
av«u«iri^  t^\  the  loMTi  oviler*  v^f  thr  i>r*","»le. 
bx  thi^*r  w|;o^r  ri^i.*at;rn  i«  rj;ni^ran»'e.  \vho»^ 
^ondjiion  IS  nnrevl;«nit> .  who>«*  patnmonv  i* 
hooe,  aud  wh^^*.r  empnr  mn*t  br  commotu''n. 
vhitl^  lia«  nol  ^MV\o*1  suli\r;M\c  of  iiUtIv. 
I'.rs'.v".,  nx  r  iM  iV.r  penrvai  h a }Y' '•"»<"  "'J^.  ■'^•"»^^  I'^T- 
tienijtii'*  rnt,-.itoiV^te  to  1hl^^r  t*ho  Ctrc  \hc 
ar,th,Mv  0*11  " 

^X  c  rr  ft  r  X    f.^  r. ! .  r  r   ;  1 1 .  ^  »>•..■.•.■.  .■  "i"s   n  ( w  <s.-,  ■.  x ,  1 

psv».a.cf.  u'v. '•.  \  •p.'.C.:.-,  I  i,-.  have  \c:\*\  i.\  a 
s-n\  a»i Mit  UxA  »r,v.-.  rrjv.Mvs  Tlir  ftii 
thoi  o:"^  hal  K^.^K.  sm,^njE  .'-ihrr  t  I'.ino.  *V'Wpare5 
%  Mstf  t<-^  ?  *.l.ip.  sind  If  iN  a  ^^^:x",  »*»r  pciLap* 
a  table  (Knt  ii  i»  tt<>  mnuei  whlrh^,  ot*  the 
rnmofaahipKaxingtalcttiill  A  their heftds 


to  say,  what  right  has  «iich  a  man  to  be  a 
master  ?  What  right  has  such  aaother  to  sit 
at  the  helm  and  be  pilot  ?  Have  we  not  all 
aa  much  skill,  axMl  are  we  not  all  eoual  by 
nature?  Upon  this  thev  immediately  pro- 
ceeded to  areas  themsefves  in  the  officers 
clothes;  to  get  drunk  with  their  liquors ;  and 
having  taken  the  command  of  the  ship, 
the  consequence  was,  they  steered  her  upon 
rocks  and  hhoals,  and  the  whole  crew,  officers 
and  men,  peri&hed  in  one  indiscriminate 
wreck. 

Gentlemen,  before  you  proceed  to  consider 
tlic  proof,  it  is  necessary  that  you  should  un* 
derstand  with  accuracy  what  the  law  of  trea- 
son is  upon  which  you  are  to  judge,  I  mean 
tliat  branch  of  it  which  is  connect^  with  the 
present  business. 

[Here  his  lordship  gave  the  same  precise  state 
of  the  law  of  treason  that  he  had  done  in 
the  case  of  Watt,  to  which,  therefore,  it 
will  be  sufficient  to  refer.] 

Gentlemen,  it  does  not  seem  necessary  to 
trouble  you  faithcr  upon  the  argument  in  law, 
which  appears  to  me  to  be  sufficiently  clear, 
and  the  same  is  the  opinion  of  my  brother 

judges.  1  shall  only  put  this  farther  case  to 
you  by  way  of  illustration.  Let  me  suppose 
that  the  rebellion  in  1745  had  not  gone  the 
length  of  an  actual  rising  in  arms,  and  taking 
the  field ;  that  it  had  been  stopt  and  prevent- 
ed in  the  very  outset  ?  but  that  nevertheless 
the  persons  concerned  had  settled  their  plans 
of  operation ;  that  arms  had  been  commis- 
bioncd  from  France,  some  actually  provided, 
and  other  such  preliminary  measures  taken. 
In  such  circumstances,  it  could  not  have  been 
s;iid  that  (here  was  any  actual  levying  of  war, 
and,  therefore,  a  charge  of  high  treason  against 
any  of  the  parlies  concerned,  could  not  have 
been  laid  upon  that  branch  of  the  statute ; 
but  can  there  he  any  doubt  that  it  would  have 
been  a  punl  charge  upon  the  other  branch, 
the  circumstances  afore s^aid  being  alleged  as 
overt  acts  of  compassing  the  king's  deatn  ? 

(icntlemen,  submitting  these  observations 
to  you  in  point  of  law.  f  shall  endeavour  to 
be  short  in  st.<tin^  what  I  have  to  say  upon 
the  evidence,  wnich  ought,  in  a  great  mea- 
sure, to  be  left  to  v our  "own  consule ration,  as 
you  are  to  be  the  judges  of  it,  and  not  the 
Court. 

The  indictment  is  branched  ou;  into  a  va- 
rictx  of  ;ir; ides,  but  they  resolve  ^abstantiaUy 

j  into  A  \CT\  tfw. 

I       ist.  That  the  prisc-ncr.  a: org  with  others, 

'■  ro-.'isiiUe*'.  .\r.i  conspired  to  yr..K-urc  a  meeting 

I  ii-  V»f  hiiii  ;:ni^fr  iltC  r.Airje  c-f  a   ccuvention, 

t^-r  the  p;i:j«».s^  . ;'  ii>;:ri-.ac  the  powers  of  go- 

viTnmrrit  ^hz   .t:iis!.ii;.'n.  Tcv.;css;ng  alleged 

v::ifvan*xs.i.r-»;  ;-::r»^i;-|:  jxtv-i::  rtriaiachan^K. 

•;ndl},  Triat  -..hf/ diu  afiu-ux   meet,  cao- 

.  suit,  and  a^Tw,  ibout  Ci^r.  pc-ling  the  king  by 
force  of  arms  to  alter  ir*c  measures  cigortTo^ 

'  mmv,  to  intnoducr  nem  lair»,  and  to  conqAy 
mith  ccrtiia  <krmindt> 


fm  High  Treason. 

3n1I  asulted  and  conspired 

out  fe< ^  Jeof  Edifi  burgh  J  al  lack- 

and  surprising  the  ktng*s  forces,  aod  lak- 
'  possession  of  certain  public  offices,  and 
(IS  10  authority. 

it  they  instigated  and  excited  a 
MS  to  assist  in  their  measures, 
Lirley  to  go  about  as  an  emis- 
^fv  '..,  13  of  the' country,  to  coIJect 

m  Qs;  and  that,  in  prosecution 

^r  •  s,  they   caused   pikes, 

iji  like  instnmients,  to  be 

C^:  tiiero  farcibly  to  resist  the 
•  rninent. 
V*  .s-  .v.^^.^  iw  the  1st,  vi^.  the  project  of  a 
coorentkn,  I  am  umvillin^  to  go  back  lo  the 
proccedmg^ '^'ftlit'  «  onvcntiou,  actually  held 
la  Edmbtjr^  i  he  British  Convention, 

K^hicb  *»^aa  <i  u  December,  17  93  ;  be- 

csia^  it  *cci  been  the  understand* 

ofhbtii  ivocalc,  wlieii  the  pri- 

waa  adduced  ah  a  witness  in  some  of  the 
fQf  sedition,  ^^hich  ensued  upon  that 
^  that  he  himself  should  not  be  tried 
t}img  then  done.  But,  it  is  by  no 
foreign  to  the  purpose,  that  the  na- 
the^  proceedings  should  be  ua- 
m  order,  that  it  may  appear, 
iCT  llie  prisoner,  notwithstanding  his 
released  from  all  accusation  as  to  what 
i«  in  that  convention,  did  immediately 
rda  proceed  in  adopting  similar  niea- 
sotl,  in  conjunction  wuh  others,  his 
ibrming  the  plan  of  a  new  general 
eoiifvaillofi  for  the  like  purposes,  although 
Ibey  acquiesced  in  the  legality  of  what  the 
•iirfHraitd  the  magistrate*^  of  Edinburgh  had 
m  dispersing  the  former,  as  they  took 
ep  lo  counteract  it  by  application  to  a 
tii  Uw.  Instead  of  openly  coni plaining 
itionof  tho^e  magistrates,  which 
L  :'y  might  have  done,  had  their  own 

|rccecaii)rB  been  legal^  we  lind  them  mecling 
agaia  liia  eiandestine  manner,and  instituting 
Committees  of  Union,  and  of  Ways  and 
in  the  view  of  sending  delegates  to  a 
Inieiuled  convention  to  be  held  m  some 
even  spoke  out  by  themselves.  It 
Uiat  they  appointed  Fairley  as  an 
couafafy .  for  tlie  purpose  of  collecting  money 
la  be  Mged  in  the  hand>j  of  this  prisoner, 
«lu»  art*  their  treasurer,  and  a  zealous  mem- 
har  »f  hpfttii  the  comn^itrre*  already  mention* 


A.  0.  l?<>k 


[ir>o 


^f 


III  lit-' 
10  til 

ucfalliavv.. 
Umat  uUf  cbarg'  i  i 

Ciedb?  the  tomut 
ce»  wludi  w€fO  r< 
h|  alcadjf  preMnt«:«J 


of  these  contrihu- 
I  i-nse  of  sendinaMJe- 
l  ucwconvention.   This 
-are  lo,  both  by  MCub- 

and  other  heads  under 

K'  libf  rtv  of  classing  the 
.11  1  Mils  prisoner;  it  is 

.; : .  '    i   :  I II-  r  UTittfii  evi- 
lly V- 

iLient 


it  was  b\  no  menus  the  in- 
of  theae    aocieties  to  proceed  anj 
In  tMl  wajr;  tut  it  was  their  deiermi* 


ned  plan,  by  means  of  a  genera!  convention 
and  by  other  violent  methods,  to  carry  Ihtil 
measures  into  execution;  and  vou  wiitcon^iJ 
dcr,  whether  there  are  not  su&cient  cirruiu 
stances  to  show,  that  the  prisoner,  as  an 
tive  member,  and  treasurer  of  the  Secrt^t  Con 
mitlecs  at  Edinburgh,  \\*as  a  principal  part; 
to  all  those  wicked  designs,  by  which  th 
king*s  government  was  to  be  ovcrturnedl 
One  material  circumstance  is,  the  plan  or  pro 
ject  which  is  said  lo  have  been  furmea  b^ 
Wall,  and  communicated  by  hira  lu  this  pr 
soner,  and  other  members  of  the  Cotnmitlei 
of  Ways  and  Means,  of  seizing  upon  the  Caft 
lie  of  Edinburgh,  and  the  judges,  ^c.  With 
regard  lo  this,  it  appears,  upon  the  evidenc 
of  no  less  than  three  different  witnesses,  thai 
a  paper,  containing  such  a  plan,  was  read  aV 
a  meeting  of  that  committee,  where  the  pri« 
soncr  was  present ;  it  was  read  by  Watt,  and 
dissented  lo  by  tw^o  of  those  present,  M'E wan 
and  Bon  throne,  but  not  by  the  prisoner.  You 
are  to  consider  what  weight  is  to  l>e  laid  upon 
the  circumstances  of  the  prisoner's  silence, 
and  neither  approving  of  the  measure  propos- 
ed, nor  disapproving  of  it,  by  words  or  sig;nc 
of  any  kind.  You  will  no  doubt  also  keep  ill 
view,  that  there  is  no  direct  evidence  ot  his*^ 
having  had  any  previous  knowledge  of  this 
paper ;  and  M^Ewansays,  **  He  does  not  know 
that  the  subject  of  this  paper  was  cither  spoka' 
of  again  at  that  mecling,  or  ut  any  subsi>-* 
queni  meeting ;  that  the  plan  seemed  to  he 
entirely  W^alt  s,  who  altered  lomethin^  in  it/' 
Bonthrone  also  sayn,  he  did  not  consider  the 
proposal  as  made  to  the  Committee,  but  en- 
tirely as  a  *'phren/y"  of  Wall's.  At  the 
same  time,  it  is  proved,  thai  the  prisoner  did 
not  signify  either  surprise  or  dissent,  though 
M*Ewan  and  Bonthrone  did  so,  and  uflcr- 
wards  absented  themselves,  as  they  told  you, 
from  those  meetings  ; — the  prisoner  did  not 
act  in  that  munncr,  but  continued  an  active 
member  of  the  committees,  along  with  Wall* 
Gentlemen,  there  is  another  circuinstant^c 
which  connects,  in  some  degree,  with  tlial 
which  has  been  just  spoken  to,  and  has  a 
very  strong  and  slrikmg  appearance  ;"the 
purpose  of  seizing  upon  the  (asile  of  Edin- 
burgh, surround iiig  ihc  soldiers,  and  taking 
prisoners  ilie  diflerent  persons  in  hi^h  public 
characters  in  ihiacily ;  and  seizing  the  public 
Bank,  and  Excise  omce,  could  not  possibly  be 
carried  into  execution,  without  pulling  arms 
into  the  hands  of  those  who  were  lo  be  em- 
ployed ;  so  that  arms  were  i  lobe 
provided;  and  it  is  clearly  i  it  the 
prisoner  waa  tujually  conct'ni«<i  \mui  >V  all,  in 
apply mg  to  Urruck  ihe  hinilh,  and  oibt'r9, 
and  givmg  dirctnons  aboul  making  the  wea- 
pons now  lying  on  the  table.  Orrock's  evi- 
dence was  very  strong  upon  this  head,  and 
one  of  the  instrumcnU  wm  actually  found  in 
his  (Dowoie's)  possession,  bv  Margaret 
Whitccross,  the  servant  maidL  How  it  came 
into  his  liands,  does  not  appear.  Of  thiM,  you^ 
must  form  your  own  conjectures.    He 


wmmL 


191J 


3i  GEORGE  III. 


Trial  of  David  Dotonie 


[199 


been  late  out  the  night  preceding,  and  it  was 
found  early  the  next  morning  by  the  maid-SGr* 
vant  in  his  dining  roum  ;  and  almost  itnme- 
diatcly  after,  it  was  taken  away  and  kept  out 
of  view.  Suiuetliing  was  afterwards  said  by 
Mrs.  Downie,  in  the  presence  of  the  servant- 
nuiid,  i^Miut  finding  this  instrument  in  the 
dining-room.  iSho  said  to  the  prisoner,  what 
have  you  done  with  the  large  dtvidint^-knit'e 
or  carving-knife,  which  Charles  found  h)  the 
dining  room  ?  or  something  to  that  purpose ; 
upon  which  the  prisoner  said,  he  had  locked 
it  up.  'ihis  circumstance  appears  unfavoiir- 
:ible  to  the  prisoner ;  althotigh  it  is  a  possfiblc 
case,  that  the  instrument  may  have  been  left 
in  the  room,  not  by  the  prisoner,  but  without 
his  knowledge  by  his  son,  who  appears,  from 
the  servant-maid's  evidence,  to  have  risen 
out  of  bis  bed  at  an  early  hour  in  the  morn- 
ing, and  taken  it  away,  when  he  heard  her  in 
the  room. 

Another  circumstance^  which  seems  pretty 
clearly  brought  home  to  this  prisoner  is,  his 
accession  to  the  inHanimatory  address  intend- 
ed for  the  fencibic  soldiers,  and  to  the  use 
made  of  it  at  Dalkeith,  as  sworn  to  by  several 
witnesses.  The  efloct  of  this  I  submit  en> 
tirely  to  yourselves,  being  doubtful  whether 
Qoy  weight  ought  to  be  given  to  it,  as  not  be* 
iug  specifically  stated  ni  the  indictment ; 
tliougn  tlicre  arc  genenil  wunls  in  some  of 
the  articles,  under  v/hich  tho  counsel  for  his 
majesty  endeavoured  to  bhow,  that  any  at- 
tempt to  excite  rebellion  or  insurrection  in 
the  country  mi^ht  be  introduced. 

Witli  these  observations,  I  shall  leave  the 
case  in  your  hands.  If,  upon  due  considera- 
tion of  tne  whole,  you  shall  be  of  opinion,  that 
the  prisoner,  and  those  with  whom  he  asso- 
ciated, had  no  bad  design  against  the  king  or 
^vernment  of  this  country;  that  they  are 
unjustly  accused  of  something  they  liad  no 
idea  of  themselves ;  in  short,  that  the  pri- 
soner is  an  innocent  man :  or,  if  nou  think  it  a 
doubtful  case,  your  leaning  oii<;ht  to  be  for 
innocence.  But  if,  on  the  other  hand,  from 
:iil  the  circumstances  that  have  been  brouj;ht 
in  evidence  before  you  (which  I  have  stated 
a^  well  as  I  could  do  at  this  late  hour),  you  are 
satisfied  tltat  there  is  sufficient  evidence  to 
briog  home  to  the  pri!>oner  any  of  the  overt 
acts  which  arc  necessary  in  point  of  law  to 
constitute  the  crime  of  hiu;h  treason ;  1  need 
scarcely  obscrx'e  to  geutleiuen  of  your  >itua- 
tion  and  character,^  Uiat  you  arc  bound,  by 
tlie  solemn  oath  wliich  you  have  taken^  and 
by  the  duty  which  you  owe  to  yourselves  and 
the  country,  to  pronounce  a  verdict  against 
the  prisoner,  wliatcver  the  consciiueuic  ni;iy 
be.  It  is  not  your  province  to  slww  cv)ni|nis- 
sion  or  nu^rcy.  If  any  such  idea  canariacat 
uU,  it  must  come  from  a  different  quarter.  It 
is  your  duty  to  find  the  truth,  and  nuthiuj:  but 
the  truth,  ami  this  I  have  no  doubt  will  be 
understood  by  you. 

The  jury  retired  for  about  half  an  luMir; 


when  they  retumcd,  they  were  called  over  by 
the  clerk  of  Arraigns,  and  each  answered  to 
bis  name. 

CUrk  of  Arraigns, — Gentlemen  of  the  Jurr 
are  you  agreed  in  your  verdict.  Who  stiail 
say  for  you  ? 

Jury. — Our  foreman. 

Clerk  of  Arraif^nn, — David  Downie,  hold 
up  your  hand  [which  he  diJj. — Gentlemen  of 
the  jury,  look  upon  the  prisoner.  How  say 
ye?  Is  the  prisoner  jjuilly  of  this  high  trea- 
son, whereof  he  stands  indicted ;  guilty  or  not 
Guilty. 

Foreman  of  the  Jury, — ^David  Downie  is 
Guilty. 

Clerk  of  Arraigns.  —  Gentlemen,  what 
goods  or  chattels,  lauds  or  tenements,  had  he 
at  the  time  the  high  treason  was  committed, 
or  at  any  time  since,  to  your  knowledge  ? 

Juri/. — None  to  our  knowledge. 

Clerk  if  Arraigns. — Then  hearken  to  your 
verdict,  as  the  Court  hath  recorded  it.  You 
say,  that  David  Downie  is  guilty  of  high  trea- 
son, whereof  he  stands  indicted  ;  but  that  lie 
had  no  goods  or  chattels,  lands  nor  tenements, 
at  the  time  of  the  high  treason  committed| 
or  at  any  time  since  to  your  knowledge. 

Jury. — I'pon  account  of  certain  circum- 
stances, we  desire  lo  recommend  the  prisoner 
to  mere  v. 

It  heinp;  past  four  oVlock  in  the  mominv^ 
on  Saturday,  Si'plruibcr  the  Gth,  the  Court  aa- 
journed  to  twelve  o'clock  on  the  same  day. 

Saturday  September  Gth. 

The  Court  met  this  day  at  twelve  o'clock, 
an;reeable  to  adjournment.  Tho  following 
iiidgcs  were  present;  lord  president,  lord  chief 
baron,  lord  Eskgrove,  baron  Norton,  lord 
Dunsinnan. 

The  prisoners  Rolicrt  Watt  and  David 
Downie  being  brought  to  the  bar, 

Mr.  JlaiiiiUim  *  counsel  for  Ilobert  Watt  said : 

My  Lord  President ;— In  the  situation  in 
whicli  i  am  placed  in  this  case,  I  feel  my- 
self called  upon  to  let  no  point  or  circuni. 
stance  whatever  escape,  which  I  conceive  can 
be  of  any  aid  or  benefit  to  the  prisoner,  and  to 
the  defence  of  his  life  with  whirti  I  have  been 
entrusted ; — I  therefore,  my  loni,  feel  it  to  be 
my  duly,  now  to  state  in  arre>t  of  judgment 
upon  ti:c  j^risoner  at  ifie  bar,  1st,  that  there  is 
an  absohitc  nullity  in  the  commission 
itsoif,  under  the  authority  of  which  this  Court 
has  acti^i ;  and.  2nd,  tlut  there  is  a  manifest 
in  formality  and  defective  btylc  in  the  iiidict- 
UKMit,  which  uui>t  nL-cessaVily  prevent  any 
jutlijMieut  heiiii;  logjlly  prouotuued  upon  il. 

I  pon  the  first  ut  these  plea>,  I  must  call 
tho  aiieniion  of  the  t'uurt.  to  the  act  uf  parlia- 
■  '  '    —~~  ■  ■ ' "  I"   ■ '  ■'" 

*  Thi*  was,  in  the  original  oviition  of  Dow- 
Die's  trial,  reported  wry  incorrectly:  Mr. 
iiamilton  has  tiimished  me  with  an  accurate 
account  of  his  speech,  of  which  I  have  hero 
availed  myself. 


Jiif  High  Treoiou. 

Itii  fd  Anne,  c,  ^l,  **  For  improving 
tb«  ilM^tt  of  the  iwo  kin^OottiV  by  which  it 
it  m^ms$g4f  **  th^i  b«c  maiesly  may  i^^im  out 
I  of  Oyer  %QQ  Terminer  in  Scot- 
,  10  Micti  iKCsons  a%  1 

MilBliiwkin  nf  Oy«|  and  Termin^r^  whereof 
ftt l#  1m  of  thi»  quorum/'  Aod  it  is  also 
|PiKd»  ^'lliat  Habere  any  such  commi&siou 
vfOjrfraiid  Tormuiflf,  aball  i^sue,  pursuautto 
(li^i^i  iM4(Jti  Ui  fui  eicculed  within  any  dis- 
Uid  where  there  is  n  ju.nicp  trrneral,  or  per- 
«D  liAynog  '  iiohadjuris- 

MiM  ID  t<^  .at  the  time 

iflpikJPig  Um&  <a£t,  ir^in  auU  afler  the  time 
liiiilich  fight  N  oiadc  appear  hefore  the 


Uu  less    I' I.'  '     ■  ■ 

lord  prcsJiJ'  .    . 

Mr.  baron  IN  urU'U,  luu: lit  r^ji^ 


[191 1 


rlilute  u  courU 


so  might  the  lord  meVidcni,  with  the  lord 
chief  baron  and  lord  Alva ;  and  in  like  maa«  | 
ner,  willi  lord  Alva,  and  Mr.  biiron  Norton* 
vet  n«'' 
the  t. 
then*  : 


^:!gh  all  in  ' 
Ky,     It  19 
Hstraled 

'•■^Ai  henq 
,  that  no  ^ 
1,  havci  ia 
n  is  not  j 
V.CII  place 


WtflTi 


m 


OfOfCr 

or  «uch  ' 


Ofi 


appear 

crtificdlolhclord 

;  au(  h  justice  ge- 

-     ii^ht  ol   [xiblU 

IfyWUieir  shall  be  in 

!l;  one  ol  the  quo* 
statute,  imf^ue;*- 
iim  a»  a  sine  qun 
II  Ice^l  court  tan 
tion  is  apph' 
iiy ;  three  of 
limc^,  ULcording  to  the  sta- 
\fK  itt  if»^nib^is  nf  the  courtfor 

liic  t4  1      But  what 

iHo  roy  *  present  in- 

Mitb</n;«  r  .MHi  VI. ur  lurd^hips  will 
4nVTlfil§ly  mMk,  wbclh<  r  that  commission 
hii  tneii  VRirii  in  thi^  lernis  auLhurizcd  by 
9>(fk!m  7th  of  queen  Anne.;  and  if 
,..v,.,t,....  1 1.  It  it  is  no  legal  com- 
lich    has     pasicd 

It   \^  arcoriTnii'Iv 

t   . 

ky  ttod  »«kn 

aiont  it  con 

I  sImH  danuu.itr.i  l  m.4u- 

Fur  bc:  ^  of  iiH- 

ly»  tli«  luiti  jii:itice  Llcrk,  lord 

jiji4    lord    Kskgrovc,  to  whom 

M  added; 

'  and  rc- 

tnt:  Ljuuumii  the 

>f  ^ssion  is  alt»o, 

'  •"  ^'*'  r  MO  of  the 

tsticiary 

.  ink,  the 

lie; 

as  one 

in  fjom 

mS't  an- 

i^nd  all 

•  it. 

ive 


•I'tbeq.mr 


VOL  XXIV* 


lii'vil/cil    hy    tin:  -  :     ';    1 

answer  to   Ihi' 
such  courts  as  i 
fact,  been  forrutd;    a^  L 
Jacti^  but  jurn^-WfA  to  v^  i 
but  to  whai  ive  taktu  pUc€  according 

to  the  ten  c  commission.    But  it  is 

j^ufhcient  to  make  out,  that  this  commission 
has  overleaped  the  enaUmeut  of  queen  Anne, 
by  force  of  which  alone^  it  could  exist  at  all ; 
«nd  it  is  on  thai  account  unauthorized  and 
illej5al,and  •  ^  ..i -  -.  --  which  Live  followed 
under  it,  r  ,  or  receive  effert. 

Your  Ili  , r  .adily  consider,  that 

the  strictest  interpretation  is  always  moi-t 
justly  given  to  statutes  which  contain  any 
enactments  relative  to  criminal  justice  ;  this 
rule  is  fixed  in  fuvorem  vUue^  and  admits  of 
no  exception  or  deviation;  and  upon  that  prior 
ciple^  the  same  strictness  of  mterpretatioa 
must  be  given  to  the  statute  of  queen  Anne^ 
which  introduced  and  estuLUshed  the  court 
before  whom  an  ofTence  of  this  high  criminal 
nature  can  be  brougltt  to  trial.  It  i^  not 
indeed  necessary  to  ar^ue  for  a  Iia)ited  and 
narrow  construction  ;  Jur  there  cannot,  I  sub- 
mit, be  a  doubty  that  a  commisBion  has  beea 
iasuedi  not  in  term*  of  the  statute,  hut  whicli 
<  ifHii>i  in  iIlc  sinallest  pari'f  iili*r  l>t  ih-st^nii-d 
ilie  conuii 

I J  prescribi  - 

ly  ;  and  uo  jud^uient  m  the  prisbt^ol  Wr 
e.  can  be  pronounced. 

J  iiough  I  do,  my  Jord,  rely,  with  much  ccmv 
fidence,  upon  what  I  have  just  now  stated,  it 
is  proper,  at  the  »ame  time,  to  call  your  atten- 
tion to  the  second  ground  of  objection,  tipon 
which  I  contend  ihat  no  jucL  '  imst 
the  prisoner  at  the  bar  can  be  \  1. 

Y^our  lordships  are  fully  aw  air,  uj.il  ui  all 
indictments  or  charges  of  a  criminal  nature, 
certain  technical  wordii  and  phr4Ses  aic  unt* 
formly  required.    This  is  a  rule  in  our  ow» 

fjfocedure;  and  according  to  the  law  of  Eng* 
and,  on  which  we  are  now  pioceeding,  pecu- 
har  nicely  is,  1  find,  otscrveu.  1  hiivr  Inokr  I 
into  some  of  the  law  books  and  i<: 
and  I  have  found  that  in  any  indicii 
felony,  whether  for  Urcc.uy  or  murder,  tiiou^U 
the  preci-^c  di^y  is  Jniated  upon  which  tilt 
malii ;  "  V   ^^ril^ 

the  a_  >ary 

:      '  '    ■  iHJ  ComjiHJUUU  nl    t,.  ■' 

I  indiccited  and  was  ] 

ih  as  to  iv^^'"     •"'    • 
cd    inmii 
-..,..,  ^..J  the  fact,  I...   J      . 
O 


195] 


34  GEORGE  UI. 


Trial  of  David  Dofunie 


[196 


In  the  caic accordingly  of  an  iadlctrocnt  for 
munier,  wf herein  a  precise  day  was  affixed  to 
fbe  cc^Dceived  malice^  it  would^  notwithstand- 
ing, as  I  understand,  be  defective,  unless  the 
place  where,  and  the  time  of  giving  the  fatal 
stroke,  were  connected  with  the  time  of  form- 
ing the  design  to  kill.  The  words  of  style 
adopted  to  make  out  and  announce  that  con- 
nexion^  formerly  were  adtunc  et  iUdem ;  and 
since  the  statutes  4th  Geo.  ^nd,c,  «6,  and  dth 
Geo.  Sod;  c.  lA^thtn  and  t^ercare  theiecbni- 
cal  expressions  in  observance* 

In  support  of  these  positions  I  must  refer 
your  lordships  to  lord  chief  justice  Haie,  who 
in  the  Pleas  of  the  Crown,  part  2,  c.  25, 
•*  Concerning  the  form  of  Indictments,"  p, 
178, — observes  that  **  In  an  indictment  of 
felony,  there  must  be  adtunc  £t  ibidem  to  the 
stroke  or  to  the  robbery, and  the  day  and  place 
of  the  assault  is  not  sufficient,  and  this  in  fa- 
vor cm  vittt.  And  therefore  it  is  usual  to  repeat 
the  Qdtunc  ci  ibidem  to  the  several  parts  of 
the  fact,  as  in  larceny  or  robbery  from  the 
person/*  and  he  then  states  various  examples 
— thus :  "  A  is  indicted  ^uodprimo  die  Maii, 
Anno  2ndo  EliirfOpud  C,  habent  in  manH  m& 
dejtrd  gladtuw^  S^c,  percustit  B.,  and  it  is  not 
said  adtunc  tt  ibidem  percustit,  quashed,  be- 
cause the  day  and  year  and  place,  relate  to 
the  having  of  the  sword,  not  to  the  stroke.** 
Serjeant  Hawkins,  book  2,  c.  95,  of  Indict- 
ment^ and  in  regard  lo  specifying  lime  and 
placCf  gives  an  opinion  to  the  same  import, 
as  to  iSe  necessity  of  the  terms  adtunc  H  ibi- 
dem being  repeated  in  the  subsequent  clauses 
of  an  iudidmf  nt ;  and  it  is  observed^  that 
*  If  omitted,  judgment  may  be  arrested — 
Strange  901,"  This  rule  has,  so  far  as  I  can 
learn ^  been  uniformly  followed  and  observed 
in  practice.  In  the  indictment  against  Ha- 
milton, governor  of  Carlisle,  in  the  year  1746, 
which  appears  to  have  been  the  precedent, 
and  was  the  rule  upon  which  all  the  indict- 
ments in  the  trials  at  that  unhappy  period 
were  framed,  and  which  is  given  at  length  by 
air  Michael  Foster  in  his  Report,  p.  5,  6,  it 
will  be  found,  that  after  specifying  the  precise 
place  and  date  to  the  main  charge  of  the  trea- 
son, the  aggravating  circumstances,  and  va. 
rious  overt  acts,  are  carcixilly  connected  with 
the  icclmical  words  of  reference  then  and 
there^  which  are  accordingly  cautiously   re- 

fieated  in  relation  to  all  the  acts  charged. 
Reads  that  indictment  from  Foster] »  And 
this  rule  was  confirmed  in  the  case  of  Rhen* 
wick  Williams,  tried  on  8th  July,  1790,  re- 
jKjrlcd  by  Mr.  Leach,  case  236,  where  the 
tmiission  to  connect  the  acts  charged  by  the 
copulatives  then  and  there  was  fatal  to  the 
indictment. 

Now  upon  looking  into  the  indictment  in 
the  present  ca^<»,  it  certainly  does  not  appfsr 
ttiat  the  I  in  1746»  quoted  from  Fo!u 

tcr,  has  wed.    It  has,  on  the  ceo - 

tnisybeii  departed  fii>ni,  inaftniueh 

I    the    I  ;    words    then   4tu/  ihete, 

ttrv  not  ff^»4  Lrr^iiiuiug  to  Old  to  be  found  m 


it,— The  rule  of  style  in  an  indicttnent  for 
murder  b  equally  applicable  to  a  ca§e  of 
treason.  The  compassing  and  imagining  the 
death  of  the  kin^,  and  the  traitorous  desiea 
to  do  so,  is  the  crime  charged  :  and  in  order 
to  make  the  indictment  complete,  the  overt 
act  or  acts  specified,  should  have  been  con« 
nected  by  a  (^i  and  f  Aere,  with  the  period 
at  which  the  evil  imagination,  manifested  bj 
such  acts,  was  conceived. — This  has  not  beca 
done,  so  that  the  indictment  is  rendered,  I 
conceive,  defective.  And  at  all  events  the 
precetlent  in  1746,  which  has  always  been  re- 
garded as  the  fixed  leg^d  style  of  an  indict- 
menl  for  criminal  charges  of  this  descriptioo^ 
has  been  lost  sight  of  and  disregarded.  And 
upon  these  grounds,  accordingly,  I  move  your 
lordships,  tnat  no  judgment  upon  the  pri- 
soner can  in  the  present  instance  be  legally 
pronounced. 

Mr,  Ji'hn  Clerks  counsel  for  Mr.  Doviue^ 
stated,  that  though,  in  point  of  law,  the  ob- 
jections urged  by  Mr.  Hamiilon,  would,  if  au»- 
tained,  be  equally  available  to  his  client;  yet 
he  did  not  mean  to  insist  upon  them.  He 
had  been  recommended  to  mercy  by  a  most 
respectable  jury  of  his  countrymen,  and  huin- 
bly  threw  himself  upon  his  majesty^s  cle^^ 
mency. 

Mr.  Anstruthcr  in  answer  to  the  second  of 
Mr.  Hamilton's  objections,  stated  that  it  was 
undoubtedly  necessary,  when  the  lime  and 
place  was  specially  condescended  upon  only 
m  the  first  count  of  the  indictment,  tore- 
peat  the  words  then  and  there  at  the  other 
counts  :  but  that,  in  this  case,  the  time  and 
place  were  especially  condescended  upon  at 
every  separate  count  m  the  indictment. 

In  answer  to  the  other  point  arsjued  by  Mr* 
Hamilton,  Mr  Anstntther  statcci,  that  the 
meaain^  of  the  legislature,  in  dcclurmg^  that 
tliree  o?  the  lords  of  justiciary  should  l)c  in 
the  commission,  and  one  of  the  quorum,  wa», 
that  the  common  people  of  this  country 
might  not  think  that  they  were  tu  be  tried 
entirely  by  strangers,  but  that  some  persons 
acquainted  with  tne  laws  of  their  own  country 
should  be  among  their  judges.  He  contended 
the  act  of  parliament  had  been  completely 
cumpHed  with  in  the  present  ca»e.  The  iocd 
justice  general,  and  lord  justice  Clerk,  lo> 
gcthcr  with  the  whole  judges  of  ju^ti* ' 
were  in  the  commission;  and  the  lord  ju 
general,  lord  justice  Clerk,  and  two  of 
commissioners  of  iustkiury,  were  declared, 
along  with  the  lord  president  of  tin-  •  nurt  of 
session,  to  be  of  the  qtiorum.     M  Ijcpc 

contended,  that  it  wa»  not  the  m^  liic. 

statute  that  none  but  the  lord  ju 
lord  justice  Clerk,  and  lords  con 
justiciary,  should  l#e  a  qtiorum,  bui  that 
of  them  should  be  of  th«?  quorum,  alon^ 
such  0?! 
point 


tff, 


had  br 
that  noiii 


lyesty  Chhomd  t 
(j«,al  least,  of  the 

an 


n/7]  J^  Higk  Treason. 

wbicliirayU  ftutborize  any  objectioii  upon  the 


A.  D.  1794. 


[198 


The  Courl  unnnimotssly  repelled  both  ob- 


AUCTXHnt  steps  of  form,  prockmation  ^iis 

id«  hy  iht)  cryefp  aoa  (silence  being  or- 

Mr-  KJmpp  cie^ircd  Uobert  Watt  to 

lip  tic§  hand  ;  upoti  which  he  read  to  him 

tkw  n>  ■  1  lor  which  be  was  tried, 

d — ^  charges  you  plead  Not 

ami  c^^i  vuurbelf  upon  God  and  your 

^  ;  that  country  has  found  you  Guilly. — 

you  any  reason  to  assign  why  the  sen- 

of  the  Idw,  which  is  Death,  ahould  not 

m  he  recited  to  David  Downie. 
remained  silent. 


'ill* 


I  Zord  Pretident  then  addressed  the  pri- 
» at  IbUowa : — 

trt  Watt*  David  Downie;— That  pari 
duty  which  remains  to  be  perfonned 
1^  tltta  €3oiirt,  is  a  most  dislressing  one,  but 
tllielcs»t  You  had  Uie  mtsfor- 

Mlo  be  '»  that  bar,  under  the 

r^Mirge  vi  iir;;u  trea&on;  and  after  the 
iooMiry,  and  most  fair  and  impartial 
P  jott  Cttire  each  of  you  been  convicted, 
r  Qiouanious  voice  of  most  respectable 
inaa  of  jour  country^  as  guilty  of  that  alro- 
loiis  crime. 

Tile  cvkleDGe  on  which  the  verdicts  pro- 
mM_  waft  such  as  left  no  room  for  doubt  or 
j;  and  the  pubhc  roust  be  completely 
ih*t  the  consequence  was  unavoid* 

I  /oor  designs  been  carried  into  ejiecti' 
Ibo,  bjr  so  a<^lual  insurrection  of  those  de- 
hM  fitefV  whose  leaders  you  appear  in  a 
omsi  me^afor^  to  have  lieen,  although  in  the 
j^n  miat  have  failed,  yei^  in  tne  mean 
ft  Kcne  of  unutterable  distress^ 
.  _  _  J  and  bloodshed  must  have  ensued, 
Ait  Ihe  Wry  idea  of  it  is  horrible. 
ftftrfalftiicf^  to  an  cstiiblished  government 
only  be  justified  by  the  pica  of  absolute 
todiapeniable  necessity.  iVnd  this  can 
«aisl  without  the  most  unequivocal 
of  il :  and  the  most  general  concur- 
lli*-  sres  which  become  ne* 

«/  this  country  at 

n  in  1688  ;  but  no 

n J 11  If- 1  degree  of  truth  or 

I'  tut  such  necessity  occurs  at 

if  K.t  ''    •iitti  ihcre  has  been  less 

1  o#c>  1  it  any  period  since  this 

ftmi  ^s,  ^-A.^.tucc.     No  material  cir- 

haa  happened  in  the  present  reign, 

iticki^  h:ivr   pivcn  occasion   for  any 

,    it  is  to  be  imputed 

'  ''  ?i;!n!iof  bad  and  des- 

Eoe4i  ,  that  such  daring 

la  h-  made  here,  and 

Mims^to 

of  the 

liut  li  ts  iu  be  Uo{>t^U^  liiAi  the  vi- 


gilance of  the  executive  govemracnl,  and  the 
strong  arm  of  the  law,  will  be  sufficient  for 
our  protection ;  and  I  also  hope  and  trust,  that 
what  has  now  befallen  you^  will  be  such  an 
admonition  to  others,  that  there  will  be  itttla 
danger  of  such  execrable  plans  being  agaia 
thought  of,  for  a  lon^  period  to  come. 

You  have  yet  a  little  time  to  reflect  seriously 
tipon  your  past  conduct,  and  to  prepare  for 
that  awful  change  which  is  soon  to  follow. 
Let  me  esthort  you  to  make  the  best  use  of 
your  time,  and  to  apply  for  assistance  to 
those  who  can  assist  you  in  such  important 
meditations* 

It  only  remains  to  pronounce  the  sentence 
of  the  law,  which  is  in  these  words  t^ — 

SENTTKCEt 

The  Court  doth  adjudge,  that  you,  and  each 
of  you,  be  drawn  upon  a  hurdle  to  the  place 
of  execution  ;  that  you  be  there  hanged  by 
the  neck,  but  not  until  you  are  dead;  and 
that  being  alive,  you,  and  each  of  you,  i>e  cut 
down^  and  your  bowels  taken  out,  and  burnt 
before  your  face.  That  each  of  your  heads 
be  severed  from  your  bodies ;  and  your  bo- 
dies divided  into  four  parts;  and  that  your 
heads  and  quarters  be  disposed  of  a%  the  king 
shall  think  titi  and  so  the  Lord  have  mercy 
upon  your  souls ! 

This  is  the  sentence  of  the  law;  and  I  give 
farther  notice  to  you,  and  to  each  of  you,  that 
tins  sentence  will  be  carried  bto  execulion, 
upon  Wednesday  the  15th  of  October  next, 
between  the  hours  of  twelve  at  noon,  and 
four  in  the  afternoon,  in  terms  of  a  precept 
to  that  effect,  which  will  be  delivered  to  the 
sheriff;  this  notice  1  give  you  by  order  of  the 
Court 

They  received  the  dreadful  sentence  with 
much  firmness  and  composure,  and  were  im- 
mediately conducted  to  the  CasUe* 


The  following  account  of  the  execution  of 
Robert  Watt  is  taken  from  the  New  Aonual 
licgislerfor  the  year  1794; — 

"  Edinburgh,  October  10.  —  Yesterday, 
about  half' past  one  o'clock,  the  two  junior 
magistrates,  with  white  rods  in  their  hands, 
white  gloves,  &c,,  the  Uev.  Pdncipal  B^ird^ 
and  a  number  of  constables,  uttended  by  the 
town  officers,  and  the  city  guiird  hiiing  the 
streets,  walked  in  procession  iroro  the  council 
chamber  to  the  east  end  of  the  C:i«;tle*hill, 
when  a  message  was  sent  to  the  i^hcfitf  m  the 
Castle,  that  they  were  there  waiting  to  re- 
ceive the  prisoner,  Robert  Wait,  lie  was 
immediately  placed  in  a  hurdle,  with  his  back 
to  the  horse,  and  Ihe  executioner,  with  a  , 
large  axe  in  his  hiind,  took  his  scut  opposite 
to  him  at  the  furihcr  cud  of  the  hurdle. 

**  The  procession  then  set  out  from  the 
Castle,  the  sheriffs  wsilking  in  front,  with 
white  rods  in  their  hands,  white  gloves,  &c* ; 
a  number  of  country  constables  surrounding 
the  hurdle^  and  the  military  keeping  off  tiie 


109] 


35  GEORGE  III. 


TritU  of  Tkmat  Hardy 


CSOO 


crowd.  In  this  in!iiin«?r  they  prt?c^edpd  fill 
they  joined  ihe  mag^istraic^,  when  the  mili- 
tary returned  to  the  Cai4]e,  and  then  the 
procession  was  conducted  iti  ibe  follovviiig 
order:— The  city  con^ubles;  town  oflicers 
barc'hciided ;  baiiic  Lothian^  and  bailie  Dal- 
rymnle;  Uev.  PrinrtpJ  Buird;  Mr.  Sheriff 
ClctK,  and  Mr.  Sherlfi  Davidson  ;  a  number 
of  country  constables;  the  hurdle  paintetl 
LlfickT  nnd  dnwn  bvm  ip^hite  horse;  a  num* 
her  ^  ties.     The  citv  giianl, 

linr  olF  the  crowcf. 

*•  V^  inn  iHr  V  ij.tuM:;(rliCd  IhO TOlboOlh  doOf, 

the  prisoner  Wiis  t^iken  from  the  hurdle,  and 
conflicted  into  the  prison,  where  u  conside- 
rable time  was  spmit  ia  drvotional  enerci^iea- 
The  prisoner  ilicn  came  out  upon  the  plat- 
form, attci»ded  Ly  the  magistrates,  the  she* 
rilBi  Principal  Bkird|  &c.    Some  time  was 


tli«fi  speiit  in  prayer  and  singing  psidms; 
after  which  the  prisoner  mountcctlie  drop- 
board,  and  was  taunched  into  oteriii^. 

**  VMicii  the  body  was  taken  down^it  wia 
stretched  upon  a  table,  and  the  ejecuttaner^ 
with  two  hlows  of  the  axe,  severed  off  th» 
head^  which  was  received  into  a  basket,  umI 
thMi  held  up  to  the  multitude«  while  thu 
eittcuiioner  called  aloud  '  Thi$  \$  tfm  head  ^'^ 
»  Ira /ft»r»  iand  to  perith  &il  tmitan,*** — New 
Ann,  Keg ,  17«H,  n.  58.  That  pan  of  ih# 
sentence  which  relates  to  being  quaitovd, 
^c.  had  been  previously  remitted. 


David  DowBie,  in  consequence  of  the  re- 

commendation  of  tbejurv  by  whom  lie  waa 
tried*  received  his  Majesty^s  Pardon. 


604.  The  Trial  of  Tbomas  Hardy  for  High  Treason,  before  the 
Court  holden  under  a  Special  Commission  of  Oyer  and 
Terminer,  at  the  Sessions  House  in  the  Old  Bailey,  on  the 
28lh,  29th,  30tb,  and  3lst  days  of  October,  and  the  1st,  3d, 
4th,  and  5th  days  of  November:  35  Geobge  HI.  i.  p*- 
1794.* 


On  ihe  tenth  day  of  September^  1194,  a 
eial  cummi^^ion  of  Oyer  and  Terminer 
issued  under  the  Great  Seal  of  Great 
Britain  to  inquire  of  certain  high  treasons  ami 
misprisions  of  treason  within  the  county  of 
]VIiddkiM^a. 

On  Thursday,  the  second  of  October,  the 
f^peciut  conuni^sion  was  opened  at  the  8cssion 
house  in  Clerkenwcll : 


the  rizht  honourable  sir  James 

'    '*  -^     f    u?,ticeof  hi^  :     -    "  V> 
the  right  ' 

..^.J,  knt.  lunl  cL.i .  i.^i.>ti 
trt  of  Exchequer;  the  ho- 

'  I'ltnl    Hnlli:ini    knt.  nnf  of 


Present,- 
IljTe.  kii^ 
court  of  I 
tir  A^-»' 
of  1 
iron: 
the  barons  ot 

quer:  the  her.  .      i 

<jne  of  the  justiccj*  ol  ins  nmjtUy's  court  of 
c:cinmt>n  picas;    the  honourable  sir  N:uh 
Grose,  kni,  one  of  the  justices  of  hi 
foint  of  King's4)cnch;    the  liom 
^  ftl*'  '  lice,  knt  one  of  the  jii^liccs  uf 

I  court  of    KmgVbt'uch;    and 

BCr>  ui'^  m.t^  ■    '   '  \'c. 

After  the  ♦  !  been  read.  \hv 

tkhcrifl'  dchvrriia  m  ihe  panel  or  ' 
jury,  whirh  WYis  culled  ovrr,  when  i 
iiig  '  1  were  sworn  i— 


ULi  a  111  3hort4iaad  by  JtmfkQmn^'. 


THE   CfeANB  JUUT 

BcnJ.  Win  til  ropy  esq.    Samuel  Hawklni^ 
J.  U.  Schneider,  esq.     ~ 
Edw,  Iron  Slide,  esq. 


M 


Benj.  Kenton,  esq 
IL  IL  Boddam,  esq* 
John  Ari^,  esq. 
VVm.  P.  A!lct,esq. 
John  Perrv.  esq. 
TL  P.  Kuif,  esq. 
Thos.  Winslow,  esq, 
Thomas  Cole,  esq. 

Lord  Chief  Justice 
the    Grand  Inqnesl ;  - 
under  the  authority  of  t 
which  hu^  l)ccn  issued  i 


uuthurUy  ut 
That  whi* 


vr. 

confusion^  \^ 

rr:inrpi*'  .1  r 


George  Ward,  taq 
Thomas  Boddam,  esq. 
Jos,  Lancaster,  cmj, 
Robt.  Wilkinson,  esq, 
G.G.  Mills  esq. 
Henry  Wright,  esq. 
John  Ilatchott,  esq. 
R,  Stevenson,  esq. 
John  Campbell,  e&<|. 

Evrr*— Gentlemen  of 

de- 
u^tt£oo,  and 

c  p^rauni 


i\Tn 


pt 
dom.'^ 


oecasbn  far    Hill 

*  ^'V^a  )at6 

tnd  df^ 

in 

ID 

hh 
'J- 


«oil 


Jkr  High  Tnamn. 


A.  D*  1794. 


[202 


thn  firtt  ii\A  d!M(«e  step  in  tKis,  as  m 
Ofdituy'i  !nminal  proceedings,  ift,  thai  • 
^houid  Dtake  jviiblic 
on  !  Uould  diligeDtly  in- 

B^lliicovEr,  and  briug  forwiirti  lo  the  view 
Ibft  ertiniiiiii    majri^-^ritf*^  thii:>e    otfence?* 


I  to  lkr*f  iind  to  d^ 


['ecial  comnaia- 


;M 


I L  lord  the 

ndictment 

n;L  iiir  II tie  nature 

Mjd.   The  king  com- 

»^H  inqmry;    but 

t]  :■  vn  alt  its  other 

^,  J  -Lilies  ultimately 

I  le.    It  is  the  king's 

iioate  his  peace,  nis 

feii  becau5e  his  peace,  his 

ir.  '  .  are  the  subjecls'  prolec- 

^ir  ind  their  ham>ines9. 

l!ti  th#^m  thiit  tlie  laws  have 

B!ir  I  round  the  per- 

I    1  ,  and  that  all 

la^air^  '  i  rare  con- 

%B  Uie  rh  can  be 

d,  aHfiai*   piuiiiiicu  wiLji  a  severity 

aoilimi^   but   the   mIus  popvH  am 

y  calls  upon  me  Tin 

tif  r  nnderstand  tnc 

t  ymi)  to  open 

e,  which  I  have 

enefiil, 

,95  Edward  Srd,  has  de- 

-  to  you  so 

-tion  asap- 

I  rubabk  relation  to 

^af  *  :    :    high  trea- 

«<  Lih  of  the 

>fti'*  II-  and  imagi- 

Ih:  ae   act  or  acts 

(I I  !  i  ive  been  done 

f-  rution  of  that 

.  ,   that  i%  from 
H  ked  imacinalion  of 

ri  ,  Tliri!  snv  ?>teps  are 

iftAy  itiatitief  ct>i!  '  the  bring- 

il  and  rAcctin^  U^  .  the  iutcn- 

the  crime,  aud  the  measure  of 


re  technically  deno- 

1  the  forms  of  pro- 

-^  that 

IV  set 


eii-   ovprl    art*   involve   them   in    two 

\^i  'n!>;    ist,  the  matter  of 

rnnni^t  ;     In    the   next 
p  design* 
■>f  facl»  it 
1  t#c  U,  ■  .■  into  the 

t  ftiste  V  tiUle  to 

r  to  your  coramtniugn  fespccUug  It :  and^ 


will  » tiie  question,  le  fact 

ha-  1  '  '  the  rJcizn,  *:<  >  titale 

an  overt  act  if  U 

involves  cons  1 1  ly, 

it  i"?  impossible  that  any  i:tf  Uin  niit  bhouid  be 
laid  down  for  your  governmetit ;  overt  acts 
being  in  their  nature  all  the  pos^^ibte  mean» 
whicli  may  be  used  in  the  prosecution  of  the 
end  proposed;  they  can  be  no  otherwise 
defined^  and  must  remain  for  ever  infinitely 
various. 

Thus  far,  T  can  inform  yout  that  occasions 
have  unhappily,  hut  too  frequently,  brought 
overt  acts  of  this  species  of  treason  under  con- 
sideration ;  in  const^cpieuce  of  which  we  are 
furnished  with  judicial  opinions  upou  man^ 
of  them  ?  aod  we  are  also  I'urnlshed  with  opi- 
nions (drawn  from  these  sources)  of  text 
writers— some  of  the  wisest  and  mo5t  enlijrht* 
encd  men  of  their  time,  whoso  1)  '  3 

been  always  cotisidered  as  the  u.  ii- 

nent  feature  of  their  character,  autl  whose 
doctrines  do  now  form  great  land- marks,  by 
which  posterity  will  be  enabled  to  trace,  wilfi 
a    great  dei^ee  of  certainty,  the    boundary 

lines btt" '-  *  '  -^-  '-^"  i-on,  sind  ufiences  of  « 

lower  or 

It  is  11  ...,....*«.;.  v..,v;imi?t:in-^'  •^'-'  we  are 
thus  assisted  ;   for  it  is  not  uibled 

thatj  though  the  crime  o!  -  _;  ^ion  is 
*'  the  greatest  crime  against  taith,  duty,  and 
human  society,''  and  though,  **  the  public  is 
deeply  interested  in  every  prosecution  of  Ihis 
kind  well  founded,''  there  hath  been,  in  the 
best  times,  a  considerable  degree  of  jealousy 
on  the  Subject  of  prosecutions  fur  hi^h  Irej^- 
son  ;  they  are  state  prosecutions,  and  the  con- 
sequences to  the  party  accused  are  penal  in 
the  extreme. 

Jurors  andjudg:cs  ought  to  feel  an  extraordi- 

na!7  anxiety  that  prosecutions  of  this  nature 

should    proceed  upon  solid  grounds.     I  can 

easily  r^-^rf  iv^    therefore,  that  it  must  be  a 

great  rr  rs  placed  in  the  responsible 

situation  ...J  I  YOU  now  stand  bound  to  do 

I  justice  to  I  heir  country  and  to  the  persona 

I  accused,  and  anxious  1u  discharge  this  trust 

!  faithhiHy  ;  sure  1  am  that  it  is  consolation  and 

comfort  to  us,  who  have  upon  us  the  rcspon- 

sibdity  of  declaring  what  the  law  is,   in  cases 

in  whirh  tiie  public  and  the  individual  are  §0 

dei  I  i  Hied;    to  have  such  men  as  the 

gr<  I  hew  Hale,  and  an  eminent  judge 

ofrur  owM  tmies,  wlio^  with  the  experience 

of  a  century  concurs  wiiti  him  in  opinion,  sit 

Michael  Foster,  for  our  guides. 

I      To  proce<^d  by  steps:    htrni  these  wrlteri 

,  upon  the  law  of  treason   (who  speak,  as  I 

j  have  before  observed,  upon  tbe  authority  of  ad- 

.judged  cases)  we  learn,  that  not  only  acts  of 

immediate  aud    direct   attempt  against    the 

king's  life  are  overt  acts  of  compassing  his 

deathp  but  that  all  the  remoter  steps,  uken 

with  a  view  to  us^i^t,  \r>  hnri'z  !ihout  the  actiml 

attempt*  are  • 

of  treason ;  * 

iOg  Whftt  Bteps  StlOUlti   be  Ufv^jR  in 


order  10     j 

M 


803] 


35  GEORGE  III. 


Trial  of  TItomat  Hardy 


[204 


m 


bring  abgut  the  end  proi>osGd,  has  beeo  &Iw7iy5 
deemed  tu  be  »n  act  done  in  prosecution  of 
the  design,  and  as  sucb  ao  overt  act  of  this 
treason — This  is  our  first  step  in  die  present 
inquiry.  I  proceed  to  observe  that  the  overt 
acts  I  have  been  now  speaking  of  have  refer- 
ence, nearer  or  more  remote,  to  a  direct  and  im- 
niediate  attempt  upon  the  life  of  the  king;  but 
thai  the  same  authority  informs  us  that  they 
who  aim  directly  at  the  li^e  of  the  kmg  (sucb, 
for  ju'^^^"''  ^*  the  persons  who  were  con- 
cerned a-ssiDation  plot,  m  the  reign 
of  kin^i  jy  fu-enol  the  only  persons  who 
can  be  said  to  compass  or  imagine  the  death 
f>f  the  king.  The  entering  into  measures 
which,  in  the  nature  of  tilings,  or  in  lbej;om- 
mon  experience  of  mankind,  do  obviously  lend 
to  bring  the  life  of  the  king  into  danger,  is 
ailso  compassing  and  imaginmc  the  death  of 
~'  e  king ;  and  the  measures  which  are  taken 
ill  be  at  once  evidence  of  the  compassing, 
tod  overt  acts  oi  it. 

The  instances  which  are  put  by  sir  Matthew 
Hale  and  bir  Michael  Foster  (and  upon  which 
there  have  been  adjudged  casesj  are  of  conspi* 
iftcies  to  depose  the  kmg ;  to  im]>risoD  him  ; 
to  get  his  person  into  the  power  gf  the  conspi- 
rators ;  to  procure  an  invasion  of  the  kingdom. 
The  first  of  tliesc,  apparcrjtly  the  strongest 
case,  and  coming  the  nearest  to  the  direct  at- 
tempt a^inst  the  hfe  uf  the  king;  the  last, 
the  farthest  removed  from  that  direct  attempt, 
but  being  a  measure  tending  to  de^itroy  the 
public  peace  of  the  country  to  introduce  hos- 
tilities, and  the  necessity  of  resisting  force  by 
force,  and  where  it  is  obvious,  that  the  con- 
flict has  an  ultimate  tendency  to  bring  Uie 
yerson  and  ht'e  of  the  king  into  jeopard)r ;  it 
u  taken  to  be  a  sound  construction  of  the 
statute  25  Edward  Srd«  and  the  clear  law  of 
the  land,  that  this  is  also  compassing  and 
imagining  the  death  of  the  king. 

If  a  conspiracy  to  depose  or  to  imprison 
the  king,  to  get  his  person  into  the  power  of 
the  conspirators,  or  to  procure  an  invasion  of 
the  kingdom,  involves  in  it  the  compassing 
and  imagining  of  his  death  and  if  steps  taken 
in  prosecution  of  such  a  conspiracy  are  rightly 
deemed  overt  acts  of  the  treason  of  imagining 
mnd  compassing  the  king*s  death :  need  1  ado, 
that  if  it  should  appear  that  it  has  entered 
into  the  heart  of  any  man  who  is  a  subject  of 
this  coimlry,  to  design,  to  overthrow  the 
whole  government  of  the  country,  to  pull 
down  aud  to  subvert  from  its  very  foundations 
the  British  monarchy,  that  glorious  fabric 
which  it  has  been  the  work  of  ages  to  eroct, 
inaintam  and  support,  which  has  been  co- 
in ted  with  the  oest  blood  of  our  ancestors ; 
design  such  a  horrible  ruin  and  devastation, 
*cl]  no  king  could  survive,  a  crime  of  such 
a  magnitude  that  no  lawgiver  in  this  country 
hath  ever  ventured  to  contemplate  itin  its  whole 
extent ;  need  I  add,  1  saVt  Unit  the  com  plica- 
tii';:    ■.. '  ■'.'■        "     '    ■    *  t,  I  -  irh  a  do- 

»i..  ily  seen, 


of  the  kmg  is  involved  in  it,  b,  ia  triab*  of 
its  very  essence. 

This  is  too  plain  a  case  to  require  1 
illustration  from  me*    If  any  man  of  pli 
sense,  but  not  conversant  with  subjects 
this  nature,  should  feel  himself  disposed 
ask  whether  a  conspiracy  of  this  i>. 
be  reached  by  this  medium  only ;  t{ 

is  a  specific  treason  to  com  pa- 
the  death  of  the  king,  and  no^ 
son  to  conspire  to   subvert    i..u.    ,, 
itself;  1  answer,  that  the  statute  of  Edwiip 
3rd,    by  which  we  are  governed!,  halh  i: 
declared  this  (which  in  all  just  theory 
treason  is  the  greatest  of  all  treasons}  to  I 
hi^h  treason* 

I  said  no  lawgiver  bad  ever  ventured 
contemplate  it  in  its  whole  extent;  the  mdUk 
regni,  spoken  of  by  some  ot'  our  ancie 
writers,  cornea  the  nearest  to  it,  but  falls 
short  of  it ;  perhaps  if  it  were  now  a  queslic . 
whether  such  a  conspiracy  should  be  made  i 
specific  treason,  it  nught  be  argued  to  be  UQ 
necessary  :  that  in  securing  the  person  ma 
authority  of  the  king  from  all  Jangcr,  th 
monarchy,  the  religion  and  laws  of  our  counlr, 
are  incidentally  secured  ;  that  the  constitution 
of  our  government  is  so  framed,  that 
imperial  crown  of  the  realm  b  the  coma 
centre  of  the  whole ;  that  all  traitorY>U9  < 
tempts  upon  any  part  of  it  are  iastant)| 
communicated  to  Umt  centre,  and  fell  there; 
and  that,  as  upon  every  principle  of  public 
poliqr  and  justice  they  are  punishable  as 
traitorous  attempts  against  the  king's  pcr'jon 
or  authority,  anu  will,  according  to  the  parti- 
cular nature  of  the  trditorous  atrr  V  ' 
witl^n  one  or  other  of  the  speciti 
against  the  king,  declared  by  the  bUiu^c 
25  Edward  3rd  ;  this  greatest  of  all  treafionai 
sufficiently  provided  against  by  law, 

Genllemen,  I  presume,  1  hardly  need  gii 
you  this  caution,  that  though  it  has  been  m 
pressly  declared,  by  the  highest  authority^ 
that  there  do  exist  in  this  country  men  capable  • 
of  meditating  the  destruction  of  the  constitu*  | 
tion  under  which  we  live ;  that  dtfclaratioo^ 
being  extrajudicial,  is  not  a  ground  upon  wUkh 
you  ought  to  proceed. 

In  conseouenccof  that  declaration  it  becamt 
a  public  ana  indispensable  duty  of  his  majesty 
to  institute  this  solemn  proceeding,  and  I 
impose  upon  you  the  painful  task  ol  examii 
ing  the  accusations  which  shall  be  brougb 
before  you ;  but  it  will  be  your  duty  la  ei 
amine  them  in  a  regular  judiciiil  course,  Ui« 
is,  by  hearing  tlie  evidence,  and  forming  your 
own  judgment  upon  it. 

And  here,  as  I  do  not  think  it  necessary 
trouble  you  with  observations  upon  the  oi 
branches  of  the  statute  25  £>  ,  tl: 

charge  to  the  grand  inquest  iJL  .rid« 

had  not  Uie  particular  nature  ol  the 
alleged   to   nave  been  formed    ai: 
state,  her.      '    ,  '        '       -  *         '  fj 

pubhc  no^ 

houses    ol     ^>^uuaiU(;Ui.»     iiwrSV     iu     t.\t^y     viit  4, 


hr  High  Tnasm, 

tnl  that  being  tlie  case,  I  am  apprc- 

ii¥i}  th«t  I  shall  not  be  ibon^ht  to  have 

Sled  the  duty,  which  the  Jutt^e  owes  to 

t  grami  juTjy  when  questions  m  the  criminal 

iriie  on  new  and  exlraordtnary  cases  of 

if  I  did  not  plainly  and  distincliy  state 

hat  I  conceive  the  law  to  be,  or  what  doubts 

may  arise  in  law,  upon  the  facta 

^. I  irc  likeW  to  be  laid  before  you,  accord- 

ig  U>  the  diiierent  points  of  view  in  which 
base  facts  may  aj^pear  to  you* 
It  i%  mailer  of  public  notoriety  that  there 
aire  been  associations  formed  in  this  county, 
"/in  giber  parts  of  tlie  kingdom,  the  prt>- 
l  pofpose  of  which  has  been  a  change  in 
omistilution  of  the  Comuiuns  House  of 
and  the  obtaining  of  annuai  par- 
and  that  to  some  of  these  associa- 
other  purposes,  hidden  under  this  veil, 
es*  the  most  traitorous,  have  been 
and  that  some  of  these  associations 
0  supposed  to  have  actually  adopted 
I  of  8uch^  nature^  and  to  nave  gone 
I  macb  accesses,  as  will  amount  to  the  crime 
riiigli  trcftsoo. 

If  lhef<e  be  ground  to  consider  the  professed 
fiq>oie  of  any  of  these  associations,  a  reform 
laMrliamcnt,as  mere  colour,  and  as  a  pretext 
Md  out  tn  order  to  cover  deeper  designs — 
ifsi^ni  ag;unst  the  whole  constitution  and 
enl  of  the  country ;  the  case  of  those 
in  such  designs  i^  that  which  I 
already  ctinsidered.  Whether  this  be 
aov  ^  t>o^*  ^  mere  matter  of  fact;  as  to  which 
I  iball  oolir  remind  you,  that  an  inquiry  into 
acbtf^s  of  this  nature/  which  undertakes  to 
mibt  OQl  that  the  ostensible  purpose  is  a 
mm€  ml,  under  which  is  concealed  a  trai- 
^BfOiia  eofMpf  racy,  requires  cool  and  deliberate 
ntion,  and  the  most  attentive  conside- 
;  ami  thai  the  result  should  be  perfectly 
aiid  tatiifaetory*  In  the  affairs  of  com- 
Ills,  no  man  is  justified  in  imputing  to 
til  /    TV  to  what  he  himself 

,  '  1 1  lest  evidence.    On 

•Other  uif.   tne  charge  can  be 

out ,  I  ^  to  the  crime  meditated 

cpeii  ,.    ...u^tion  and  treachery,  with 
t   to  tiiose  individuais,  who    may  be 
in  to  embark  in  theo&tensible  yiurpose, 
««U  ai  to  the  public,  aeainst  which  this 
*k  mjrimtf  of  wickedness  is  fabricated. 
if  i»e  suppose  these  associations  to 
to  the  professed  purpose,  and  to  have 
ruhmari/  object,  »t  Tnuy  be  asked,  is  it 
and  (if  it  be  poKi^ble)  by  wtiat  pro- 
it,  that  an  assocmrion  for  the  reform  of 
it  can  work  itself  up  to  the  crime  of 
raasoof    All  iri  nay,  all  men 

iflltcy  pO!«%CF  ly  of  ihmkin^, 

ufioti  every  1**,**,^    .>uich  sufficiently 
Uiom  to  become  objects  of  their 
itkNitaiui  ammie  the  objects  of  the  at  ten- 
of  free  taesi,  toe  principles  of  govern- 
ibs  eomilliitioii  of  particular  govem- 
afidyaboTc  ail»  Uie  con^iituUon  of  the 
i|  imda  wJiich  they  live^  will  natu- 


A.  D.  17M, 


[9Wf 


rally  engage  attention,  and  provoke  specula- 
tion. The  power  of  communication  of  thoughts 
and  opinions  is  tlic  gilt  of  God,  and  thafrceSoni 
of  it  is  the  source  of  all  science,  the  first  fruits 
and  the  ultimate  happiness  of  society ;  and 
therefore  it  seems  to  follow,  that  human  lawt 
ought  not  to  interpose,  nay»  cannot  interpose, 
to  prevent  the  communication  of  sentiments 
and  opinions  in  vol  untarjr  assemblies  of  men; 
all  which  is  true,  with  this  single  reservation^ 
thai  those  assemblies  are  to  be  so  composed, 
and  so  conducted,  as  not  to  endanger  the 
public  peace  and  good  order  of  the  government 
under  which  they  hve ;  and  I  shSl  not  state 
lo  you  that  associations  and  assemblies  of 
men,  for  the  purpose  of  obtaining  a  reform  in 
the  interior  constitution  of  the  British  parlia- 
ment, are  simply  unlawful ;  but,  on  the  other 
hand,  I  must  slate  lo  you,  that  they  may  but 
too  easily  degenerate,  and  become  unlawful^ 
in  the  highest  degree,  even  to  the  enormous 
estent  of  the  crime  of  high  treason. 

The  process  is  very  simple :  let  us  imagine 
Id  ourselves  this  case ;  a  few  well  meaning 
men  conceive  that  they  and  their  fellow 
subjects  labour  under  some  grievance ;  they 
assemble  peaceably  to  deliberate  on  the  means 
of  obtaining  redress;  the  numbers  increase  ; 
the  discussion  grows  animated,  eager^  and 
violent ;  a  rash  measure  is  proposed,  adopted, 
and  acted  upon ;  who  can  say  where  this  shall 
stop,  and  that  these  men,  who  originally 
assembled  peaceably,  shall  not  iinally,  and 
suddenly  too,  involve  themselves  in  the  crime 
of  high  treason  ?  It  is  apparent  how  easily 
an  impetuous  man  may  precipitate  such  as- 
semblies into  crimes  of  unforeseen  magnitude, 
and  danger  to  the  state ;  but,  let  it  be  con- 
sidered, that  bad  men  may  also  find  their  way 
into  such  assemblies*  and  use  the  innocent 
purposes  of  their  association  as  the  stalking 
norse  to  their  purposes  of  a  very  different 
complexion.  How  easy  for  such  men  to 
practise  upon  the  creduhty  and  the  enthusiasm 
of  honest  men,  lovers  of  their  country,  loyal 
to  their  prince,  but  eagerly  bent  upon  some 
speculative  improvements  in  the  frame,  and 
internal  roediauism  of  the  government?  If 
we  suppose  bad  men  to  have  once  gained  an 
ascendancy  in  an  assembly  of  this  description, 
popular  in  its  constitution,  and  having  popular 
objects;  how  easy  is  it  for  such  men  to  plunge 
such  an  assembly  into  the  mo^t  criminal  ei* 
cesses?  Thus  far  I  am  speaking  in  general, 
merely  to  ilhistrate  the  proposition,  that  men 
who  assemble  in  i-rder  to  procure  a  reform  of 
parliament  may  iivolve  themselves  in  the 
guilt  of  high  treason » 

The  notoriety  to  which  I  have  alluded  leads 
me  to  suppose,  thaltlie  project  of  a  convention 
of  the  ]>eoplc  to  be  assembled  under  the 
advice  and  direction  of  some  of  these  societies, 
or  of  delegations  from  them,  will  be  the  lead- 
ing fdct,  which  will  be  laid  before  vou  in  ev>» 
dcnce,  respecting  the  conduct,  and  measures 
of  these  associations ;  a  project,  which  per- 
haps, in  better  timcSf  would  nave  been  hardly 


$5  GEORGE  III. 

thmight  worthy  of  crave  con sidera lion ;  but, 
in  these  *jnr  days  "aving  been  atlempted  to 
\f^  put  >  '  on  in  a  distant  p;irt  of  the 

united  '^^<^f  with  the  example  uf  a 

iwighl  untry  before  our   eye*;    is 

(  4e6crv  'fi  ayi  object  of  the  jealousy 

I  of  our  iiivv^ :  n,  will  lie  your  ':  '■   *-  rxamine 
the  evidence  on  thi»  hencl  ^  i  ly*  and 

to  sift  it  to  the  boUom  ;  to  c  ,,,,,, .  ,  vi/rv  part 
0<*it  in  iljelf,  nnd  as  it  elands  connected  with 
Other  parts  of  it,  and  to  draw  the  tcurlu.sion 
of  fad,  as  to  the  existence,  the  md 

the  abject  of  this  project  of  ;i  lyu, 

frora  the  whole. 

In  the  course  of  the  evidence  you  will  pro* 
bably  hear  of  bodies  of  men  hnving  been  col- 
lected together,  of  violent  resolutions  veled  at 
theae  amd  ttt  other  meetingt,  of  fionie  prepara* 
liofi  of  ofien&ive  weapons,  and  of  the  adoption 
of  iho  taogwige,  and  manner  of  proceeding  of 
lho6e  conventions  in  France,  which  have  pos* 
aessed  tbemselfis  of  the  government  of  that 
muMry  I  I  dwell  not  on  the$e  particulars, 
liecaiite  I  consider  them^  not  as  substantive 
trf4£onS|  but,  as  ctrcumslamres  of  evutence, 
tending  to  a^^ertain  the  true  a*tur«  of  the 
object  which  these  persons  had  in  view,  and 
also  the  true  nature  of  thie*  project  of  a  con- 
Tentiofi,  and  to  be  considered  by  you  in  the 
tnasa  of  that  evidence ;  which  evidence  it 
dbea  oot  fall  within  the  province  of  the  charge 
to  consider  in  detail ;  my  present  duly  is,  to 
inforoi  vou  what  tlie  law  is  upon  the  matter  of 
fact,  which  in  your  judgoaent  shall  be  tlie 
result  of  the  evidence, 

I  presume  that  1  have  sufficiently  eiplained 

t#  i^p  tliat  a  project  to  brinj^  the  neople 

|i  logelber  in  convcolion,  in  imitation  or  those 

{  Wrtlftflal  conventions  which  we  have  heard  of 

m  Fitace^  in  order  to  usurp  the  government 

of  tie  couotry,  and  any  one  step  taken  towards 

bfinglog  it  about,  such  as,  fur  iostance,  con^ 

iuUaiions,    forming  of  commiltees   to  con- 

i  iiyder  of  thfl  means,  acting  in  those  committees, 

t  would  ba  a  case  of  no  di faculty  that  it  would 
W  llie  ckare&t  \  on;    it  would  be 

COopMailig  and  ^;  the  king's  deaths 

and  not  only  his  dcadi,  but  the  death  and 
destruction  of  ail  order,  religion,  laws,  all 
property!  ail  security  tor  tlie  lives  and  liberties 
of  toe  June's  subjects. 

That  which  rrr—  *  V-  -,^.;.k— .^  j^^ 
the  project  of  a  r  ole 

object  the  effoci  ^,,    .,«„j«^of 

i«|»reaciitatioa  «*:  i  pvliaAottl, 

and  thff  nhtaimng     ,-  ►is  ihould  h<^ 

b-  Ify ;  and 

d»^      ^^  Such  a  I 

takiig  It  to  be  ainiinai,  may  becrumnai  in 
difatiil  dtgreesi  according  to  the  case  in 
evidence,  trom  whence  you  are  to  oolleol  the 
|nic  nature  and  eatent  of  the  plan,  and  the 
inattner  in  which  it  ^ 
eail  il  «tU  become  a  (. 

what  oia^")  uf  uuucit  U  ongnx  to 


Trial  of  Thamat  Uardtf 

quality  of  this  project  of  a  oonvenlbn,  ye 
will  lay  down  to  yoursolvea   one    principle 
which  is  never  to  be  departed   from,  thai! 
alterations  in  the  represventation  of  the  peopl#] 
in  parliament,  or  in  the  law  K  :      '  ' 
hamcnts  can  only  t>e  effected  I  v 

of  the  King,  Lords,  and  Comuiuii^,  m  pAnia^j 
ment  assembled,  This  Wing  taken  as  a  fo< 
ilij;,  n     \\   ^-eerns  to  follow  as  -^ 
jce,  lh.il  a  project  of  a  c- 
idd  liaVL'  for  il:^  <iiju  i  t  iL 
a  parliamentar 
of  parlki-ni^nt. 
be  hi 
is  a 

Tlie  ^ovxijiuiciu  t.< 
the  tunctions  of  k^ 
moment;  and  it  Ihcu  L 
sequence  indeed^  that  t! 
tors,  perhaps,  had  onlyni«U] 
moderate  reform  :  it  ib  in  the  i 
that  the  power  should  l'^     ■ 
arul   be    beyond  tlie  re.i 
A  conspiracy  of  this  nuu..,.  ..  ».^ 
best,  a  conspiracy  to  overturn  tl 
ment,  in  order  to  new  model  it.  \s 
eliect,  to  introduce  anarchy, 
anarchy  may  chance  to  i»etii 
after  the  king  may  have  been  broii 
scaffold,    and  after  the  country  > 
suffered  all  the  miseries  which  diKofd  mA\ 
civil  war  shall  have  (nroduced. 

Wheihef  the  project  of  a  cor 
ing  for  iia  olitJ^ot  the  oollecL 
power  whkh  should  overawe  llie  it^jibluuv 
body,  and  en  tort  a  parUanieatary  reform  froa 
it,  if  acted  upon,  wt^'  :^   -   iuiount  to  big 
treason,  and  to  Uu  eason  i^i  coin^l 

parsing  and  imagini  '     '<''■«, 

moreooubtlul  que^  £ 

a  fort**"  utiritli  thf  \>-Ar 

atel> 
tcgi.i   . 

can  hnvo  no  etiect  at  all,    i^ 
in  parliamrnt  by  the  kmg's  n^ 
with  the  ttdvioe  asd  eenieoioi  die  Luids 
Co m monf^ ,  i  n  parliwenl  aasem  hi  <^ d     A  for 
med  I  mat  the  parlian^ 

a  for  led  againat  tht  ^ 

'  ihe  ease  of  a  lorrr 

<;,  to  compel  him  i 

ca^,  it  di 

rented  by  u.^  ,.,    ..... 

clear  law,  that 
such  aibrce«  m 
.s  respectir 

of    I: 

ais(% 

•l»e  khig 

^  h  iaoftht  ver. 
will  t>e  fit  to  Ir  iiier«i,  aj>o  i 

leruiinod  whiri  irise. 

It  may  beaiikitfu  t^yuuni^ciear, thai  the  | 


cc)nspim< 


|n  we  L 

it 
refute  : 

f.'' 
Hi, 


voaid  not  I 

r 

9rhktt 


tni 


WSki  I 


itiii 

ft"»f  i; 


vou  X,\IV. 


Jbr  High  Treason. 

El,  having  for  Its  s^ole  object  a 
bleapplica.tio[i  to  the  wisdom 
*'r\.  of  a  wished- for 
hoi  lid  be  tntiiled 
in-  iiriivir>Juy   of 
intent  the 
lint  or  to 
ui  the  peliiion  (grcut  as  Ihe 
:  1  be  on  the  persons  c oncer n- 
'     I  the  many  probable,  and 
I  id  cdDsequcfJces  ofcoilect- 
sber  ol  people  together,  with 
1  powers  to  be  exercised,  and 
rt]t*Dt  but  that  of  their  own 
it  in  itself  merit  to  be  ranked 
>  of  offences  which  we  are 
-  hear  and  determine, 
♦  'trmeat  of  the  fact  of  the 
Lipon^  and  therefore  it 
;  tr  me  to  say  more. 
ii  vvilj  now  proceed  upon  the 
r  inquir}*,  which  have  been 
]  find  that  the  par- 
.   before  you,  have 
Jul  L'uds  by  lawful  means, 
indiiicrcet,  or  al  the  worst  if 
v  have  not  been  criminal  to 
c  Irciisuns  lo  whjcli  our  in 
cd,  th«!n  say^  that  the  bills 
t*:enled  to  you  are  not  true 
«  rhearcuscd  persons  shall 
hecn  engaged  in   that 
U-  roji-,r^n  irv  described 
ifwilh- 
!  !'  length 

.  c  vet  ac^tcd  upon 
.  oi*  bringing  about 
uuiuon  of  the  commons 
or    in  the  manner  of 
ut  the  authority  of 
uf  it,  by  an  usurp- 
in  that   instance, 
illy  of   llic    kin^, 
!"^'  r»ta?*»emble3, 
n  «f  legisla- 
te a  conspi- 
and  con«»ti- 
1  only  in  the 
you  will  tUeu  do  thai 
office  to  do, 
:  tlic  case  of  the  accused 
I  tind  them  involved  in, 
t  de^^i^n  to  collect  the 
- 1  the  legislative  autho- 
'F  the  purpose,  not  of 
.  of  the  lej^i'^l.iture,  but 
iment,  and  *o  compel- 
lud  comn»ons,  in  par- 
ri.Hci  a  law  for  new 
use  of  parhamcnt, 
aiiriii^ .    iind  that 
^ii  mam- 
I J  only: 
-pect  of 
rous  ex- 
LumpJc'Xiun  uf  such  a 
which  1  slate  to  you  as 


A.  D.  lIHs 


[glO 


a  new  and  a  doubtful  case,  should  be  put  inlo_^ 
a  judicbl  course  of  inquiry,  that  it  may  recciva 
a  solemn  adjudication,  whether  it  will,  or  wilf 
not,  amount  to  hi^h  treason,  in  order  U)  which 
the  bills  must  be  found  to  be  true  bills. 

Gentlemen,  I  h^ive  not  opened  to  you  th| 
law  of  misprision  of  treason,  because  I  as 
not  aware  that  there  are  any  commitment 
for  that  offence ;  and  therefore  I  have  no  rea 
^n  to  suppose  that  there  will  be  any  pros 
cutioQ  for  that  offence.    It  consists  of  \Y. 
concealment  of  treason  committed  by  others' 
(which  undoubtedly  it  is  every  man's  duty  lo 
disclose),  and  the  pumshmeot  is  extremely 
severe;  hut  ihe  Immauily  of  modern  times 
hath  usually  interposed^  and  1  trus^t  that  Ih^ 
necessities  of  the  present  hour  will  not  de  ' 
mand,  that  the  law  of  misprision  of  trcasoU 
should  now  be  carried  iniu  execution. 

Gentlemen,  1  dismiss  you  with  confideii1| 
expectation  that  your  judgment  will  be  direct 
ed  to  those  conclusions  which  ma^  clear  iivfl 
Docent  men  from  all  suspicion  of  guilt,  bring 
the  g_"»Ity  to  condign  punishment,  preserve 
the  lite  ot  our  gracioas  sovereign,  serure  the 
stability  of  our  government,  ana  maintain  the 
public  peace,  in'which  comprehensive  term  is 
inchided  the  welfare  and  happiness  of  the£ 
people  under  the  protection  of  the  laws  and 
liberties  of  tiie  kingdom. ♦ 

-      -  -  — I  ■     -  .    ^-. 

*  Immediately  after  the  publication  of  thiM 
charge,  appeared  a  short  examinaiiun  of  th^ 
doctrines  maintained  in  it,  under  the  title  of 
"  Cursory  Strictures  on  the  Charge  delivered 
by  lord  chief  justice  Eyre  to  the  Grand 
Jur>%  October  3,  J  79 1  "  fins  tr.ict,  although 
now  somewhat  scarce,  drew  much  ittentiun, 
and  excited  much  interest  at  the  time  ;  I  have 
sufficient  authority  for  stating  thai  it  whs  com- 
posed by  the  late  iMr,  Fclis  Vau^han,  who  if 
will  be  observed  was  api>ointetf  counsel  fofj 
one  of  the  persoas  arraigned,  and  wlvo  acie  ^ 
as  assistant  counsel  on  Uiis  and  the  following 
trial 

It  is  as  follows  I 

CuASORT   StHICTURES,  &C. 

A  snecial  commission  was  opened  on  th 
sccona  day  of  October,  for  the  tri^il  of  tcrtau^J 
persons  appreliended  upon  suspicion  of  high" 
treason^  the  greater  part  of  whom  were  take 
into  custody  in  the  month    of  May,   1794^] 
Upon  this  occa*iion  a  charge  was  delivered 
the  ^mnd  jury,  by  sir  James  Eyre,  lord  chief 
justice  of  the  court  of  Common  Picas. 

It  is  one  of  the  first  privileges  of  an  English* 
man,  one  of  the  firs^t  Jtitics  of  »  rational  * 
iiijl,  to  dlsvcuss  with  perfect  frcetlom,  all  pric 
ciples  proposed  to  he  enforced  unou  genera 
cibscrvance,  when  those  principles  ary  first 
disclosed,  and  before  they  have  yel,  liy  any 
solemn  and  final  proceeding,  been  matic  pa 
of  a  reg;ular  established  system.  Ihe  chief 
justice,  in  hischarge  to  the  jury,  has  delivered 
many  new  and  extraordinary  doctrines  upon 
the  subject  of  treason.    These  doctrines^  novi 

P 


^11] 


35  GEORO£  in. 


Tlie  sbcriiT  relumed  into  tlic   court  tlic 
ipaiiel  of  tlie  petit  jurors. 

Oh  Monday,  October  the  sixtli,  the  grand 
jury   felurnetf  a  true  till    against  Thomas 

i^hen  Ihoy  have  been  for  the  lirsl  time  stated, 
it  is  fit  we  should  examine.  In  that  exaroi- 
nation,  I  shall  deliver  my  opinions  in  a  man- 
per  perfectly  frank  and  cxphcit.  No  man 
should  seek  to  offend  high  a:uthorriies  and 
elevated  magistracy  ;  but  ihc  object  before  us 
IS  of  an  importance  paraniount  to  thet>c  con- 
siderations. Decorum  is  an  excellent  thing ; 
;We  ought  not  to  sacrifice  to  the  fastidious 
toenls  Of  decorum,  all  that  is  most  firm 
Curity,  Or  most  estimable  in  social  insli- 

The  chief  justice  has  pronused  a  pulvlication 
of  his  charge,  and  1  should  have  been  glad  to 
liavc  wailed  for  the  oppurtiinily  of  an  authen- 
tic copy,  Bui  there  arc  only  a  few  days  remain- 
ing previous  to  the  commencement  of  trials, 
of  "the  highest  expectation,  and  most  unlimited 
importance.  He  who  thinks,  as  1  think,  that 
the  best  principles  of  civil  government,  and 
I  Atl  tliai  our  ancestors  roost  affection  ale  ly 
loved,  arc  strtick  at  in  the  most  Hagranl  marT- 
tier  in  this  charge,  will  feel  that  there  is  not 
an  hour  to  be  lost.  While  I  animadvert 
upon  its  enormities,  it  is  with  some  pleasure 
that  I  shall  reflect  upon  the  possibility  of  the 
©nonuilies  being  aggnivated  or  created  by  the 
imperfect  and  irregular  form  of  the  publica- 
tion before  me.  Every  fricod  of  his  country 
will  participate  the  highest  satisfaction,  til 
finding  them  answered,  oy  a  regular  publico- 
lion  o*  the  charge  to  the  grand  jury,  stripped 
of  the  illegal  and  destructive  docUines  thai 
now  appear  to  pollute  it. 

Among  the  various  branches  of  the  English 
constitution  that  have  for  centuries  been  a 
topic  of  unbounded  praise,  there  is  none,  that 
has  been  more,  or  more  deservedly,  applauded, 
than  tiiut  which  relates  to  the  law  of  treason . 
"  The  crime  of  high  treason/^  says  chief  jus- 
tice Kyrc,*  **  though  the  greatest  crime  against 
failii,  diilVt  and  human  society,  and  though 
the  public  is  deeply  interested  in  every  well- 
iouh  '    '  'utiou  of  this  kind,  has  yet,  at 

the  I  ,  been  the  object  of  consider- 

able jr. n  :   -r>pect  of  the  prosecutions 

in^liluttr  1  ;  they  are  stale  prosecu- 

tions/' I;  ;  ......  lore  of  the  utmost  conse- 
quence, that  the  crime  of  hidi  treason  should 
be  clearly  defined,  and  the  exquisite  jea- 
lousy allaye<h  which  must  otherwise  arise  in 
every  benevolent  mind.    This  has  been  done 


•  *•  lie  add%  •  it  is  noi  to  be  d 
— liViU  any  on**  veniure  to  say,  Ihm 
ofli    '      '  luble,  if  lUcy  cuuUl, 

in  1 1  I  value  to  the  Aubieti ; 


Trthi  of  fhomt  Jffardi/  [StS 

Itardy,  John  Ilorrte  Tooke,  .TohA  Aifgustui! 
Bonoey,  Stewart  Ryd,  Jeremiah  Joyce,  Th6- 
mas  ^^  urdle,  Thom'a^^  llolcrotX  John  Kichlcr. 
Matthew  Moore,  John  Thelwalh  Richard 
Hodgson,  and  Julin  Baxter,  for  high  treason. 

by  the  act  S5  Kdivard  3rd,   one  of  th^  great 

fialladinms  of  the  English  conslitation.  Thi* 
Liw  has  been  sanctioned  by  the  *  ol' 

more  than  four  centuries ;  and,  i  iasr 

been  repeatedly  attacked  by  tlit  tiintMrh- 
ments  of  tyrannical  princes,  and  the  dcci.<iu«s 
of  profligate  judges,  Englishmen  have  always 
found  Unnecessary  in  the  sequel  to  btrip  it  of 
mischievous  appendages  and  arlitii  iitl  izlosses 
and  restore  it  to  its  original  simpf  i  u^ 

trc.    By  this  law  all  treason,  e\(  _    jfa 

few  articles  of  little  general  concern,  is  con- 
fined to  the  *  lc>'ying  war  against  the  king 
within  the  realm,  and  the  compassing  or 
imagining  the  death  of  the  king.*  Nay,  the 
wise  framers  of  the  law  were  not  contented  to 
stop  here  ;  they  not  only  shut  out  the  mis* 
chief  of  arbitniry  and  constructive  treason  for 
themselves,  but' Inserted  a  particular  clanse, 
povjding  that  *  if  in  any  future  i^"-^ '» f"''::ht 
DC  necessary  to  declare  any  new  \  .at 

should  only  !je  done  by  a  direct  ^u ,  .i..^  of 
parliament  for  that  special  purpose.*' 

It  is  obvious  upon  the  face  of  this  wise  and 
moderate  law,  that  it  made  it  ciitremcly  diffi- 
cult for  a  bad  kin|^,  or  an  unprincipled  admi- 
iiistMtion,  to  gratify  their  res^t  mst 

a  pertinacious  oppooeni  by  insiii  .lujii 

him  a  charge  ot  treason.  Such  kings  and 
ministers  would  not  fail  to  complain,  that  the 
law  of  Edward  Jrd  shut  up  the  crime  wilhia 
loo  narrow  bounds ;  thai  a  subtle  adversary 
of  the  public  peace  would  easily  evade  these 
gross  and  palpable  de^nitions;  and  that 
crimes  of  the  highest  magnitude,  and  most 
dangerous  tendency,  might  be  committed, 
which  could  never  be  brought  under  these 
dry,  short,  and  inflexible  classes.  It  is  not  to 
be  denied,  that  some  mischief  might  arise 
from  so  careful,  lenient,  and  unbloo'dy  a  pro- 
vision. No  doubt  oftences  might  fjc  oon- 
ceived,  not  less  dangerous  to  the  public  wel- 
fare, than  tlioso  described  in  the  act  ond«»r 
cu  ij.      But  our    ancestors 

1 1  to  this  inconvenience,  ?r 

it  II V  ijij  im  ans  such  n-       ^  -  - '  *    '  vje. 

They   experienced    a  ,    Si 

proud  atul  hi '-  i  --^  -  *  '- 

J'tal4a<%   wl, 
mischief  of  e  ..,  .i. 
sionatly  be  employed 
crinihiib.    IfwcViti 
poliry,  lei  us  hew 
n  HTortil  vrnOtn  i:    ,  mI 

',  icc   hu:^   ( '  ■ 

ut  .i.iiig  Ktl:  "      '  '  ' 

siiit^  anditii 


c  donotMibslJintCei 


iXUiUiUj.jlUU 


SJ5J 


Jw  High  T>'foson. 


A.  D.  I7M. 


[611 


J*>bn  Lavctt 
On  Tuesd^,  October  the  sieventh,  Tbomas 


•  tksl  ibey  who  aim  dLrectly  at  the  lile  of  the 

}ri»i»    arr  nnt  tKr  ortlv    otriiuQS^   who    O^y   be 

n  his  dcuth.    The 

fri  I'll   in    I  he    MLitnrf' 

0(  ' 

f-t    ,  _       .'  _    ,  ,  -, 

afi4  iiAi^guuij^  iiii^  ilc»ilh  uJ  Uic  kiu^;  ani 
tbt  f*i'^*«te^  whicli  itre  takeiJ^wiU  be  at  gute 
fi  -anti  overt  acts  of 

lie  put  un(i<;r  this 
^^itjr  and  sir  Matthew 
'  liifre   have  been  ad- 
c* VL  "    t;  ,ur,  viz*]  of  a 

t  to  iajprUon 

to  gel  iu-  ,  u.>,.jii  ..itu  iiiL   power  of  the 
ilors,  and  to  procure  an  invasion  of 
ioui/^     H*  furtlu  r  states,  **  that  oc- 
^tkftve  nii  iut  too  frequently 

^  lit  orcf  t  at  I         ;        species  of  trerisoii 
seder  c  jn,  in  conseauence  of  which 

vtaie  f'  ^  with  judicial  QpinioDs  upun 

■10^  of  iik^Uh    We  are  also  furnished  with 
'^'      T»  dmwn  from  thcbe  sources,  of  text 
i^^utne  of  the  wisest  and  inost  cphghtr 
i  t/f  tht'ir  lime,  whose  integrity  has 
A  as  the  most  promioent 
lof  |h'  Ml',  and  whose  doctrines 

IbrtJi  1  marks,  by  which  pos^ 

fill  I  to  trace  with  con&idcr- 

icert  ■ '  *  '  niary  line  between  hieh 

fa  lower  order  and  ife- 
le  circumstance/*  con- 
,**  that  we  are  thus  us- 
ijoceive  that  it  must  he 
pliiced  in  the  responsi- 
yon  now  stand;  and 
I  lion  and  comfort 
u'  responsibility  of 
U  the   i<iw  IS,  in  cases  Iq  which 
ad  the  individual  are  so  deeply 

preamble  of  the  chief  justice, 

'         nething  extremely  hu- 

I  trace  in  it  the  lan- 

'   tiwyer,  a  sound  lo- 

ereel,  and  honest 

I'W  by  just  decrees 

V  as^  it  is,  and  de- 

Lif-Liinst  new,  un- 

ijnstnictions. 

il  his  neck  to 

ly  admiiiistralion ; 

I  able  principles  of 

1   tu  iry  by  them,  and 

ri^  thjit  are  brought  be- 

>  himself,  and 

y  cODbolation 

tw,  and  force 

V  are  to  con- 

.u   lilt    *t;alr|i,  and  the 

n  ivUo  have  been  the 


1 


la  atl  Ihiti 
Ikn  it  u£;t 

|^a[|t  of  n.  • 


leii  huu 


Holcroft  voluntarily  surrendesred   himself  ia 
court,  and  was  conunittcd  to  Newgale, 

At  the  request  of  the  several  prisoners  the 
--  -  „       ___ ^ 

Meanwhile  what  wotdd  be  said  by  our  coi\*  1 
temporaries  and  by  our  posterity,  if  ttib  picture  1 
wore  to  be  reversed;  if  tiic^e  pivmise^  were  * 
ij^iiie,  only   to   render    our    diMi'iiuijUiULntl 
bitter;  iftlie^ehiwh  pru  i 

■  ly  as  an  introduction  to  :l  ^  , 

iiiii^s  of  arbitrary  con s true Uo us,  vf  iicw-litapj 
gled  treasons,  and  doctriues  equally  inconsl9*>  j 
tent  with  history  aud  iheniselvcs :  I  hope  f 
these  appearances  will  not  be  found  i^, 
the  authentic  charge.  But  whoever  be  thp  i 
unprincipled  impostor,  that  thus  audaciously  ! 
saps  the  vitals  of  human  hberty  and  human  ' 
happiness,  be  he  printer,  or  be  he  jud^^e,  it  is  * 
the  duty  of  every  friend  to  mankind  to  deled  j 
aud  expose  his  sophistries. 

Chief  Justice  Eyre,  after  having  stated  thp  i 
treasons  which  are  most  strictly  wuhin  the  I 
act  of  lid  ward  3rd,  as  well  as  those  which  are  < 
sanctioned  by  high  law  authorities,  and  upon  J 
which  there  have  been  adjudged  cases,  pro- 
ceeds  to  reason  in  the  following  manner  : 

"  If  a  conspiracy  to  depose  or  imprison  the 
king,  to  gel  his  person  into  the  power  ot  the  j 
conspirators,  or  procure  an  invasion  of  the] 
kingdom,  involves  in  it  the  compassing  and 
iroagming  his  death,  and  if  steps  taken  iaj 
prosecution  of  such  a  conspiracy,  are  rightlyi 
deemed  overt  acts  of  the  treason  of  corapas**! 
sing  the  kind's  death,  what  ought  to  he  oi^  J 
judgment,  if  it  should  appear  that  it  liad  eu- 
\cred  into  the  heart  of  any  man»  who  is  a  sub-  ' 
jectofthis  country,  to  desi;;u  to  overthrow  ihpj 
whole  government  of  the  country,  to  pulll 
down  aud  to  subvert  from  its  very  foundatiousi 
the  British  monarchy,  that  glorious  fabric, J 
which  it  has  been  the  work  ol'agcs  lo  er^ct^T 
maintain, and  support;  which  has  beence-j 
mentcd  with  the  Lest  blood  of  our  ancestors;! 
to  design  such  a  horrible  ruin  and  devasfcatioOyfl 
which  no  king  could  survive." 

Here  we  are  presented  with  a  queslio^'] 
which  is  no  doubt  of  the  utmost  magnitude  j 
and  importance.  Is  the  proceeding  thusde-J 
scribed  mailer  of  high  treason,  or  is  it  not?  j 
It  confessedly  does  not  come  within  the  letter  i 
of  25  Edward  3rd.  It  does  not  come  withia  1 
the  remoter  instances  "  upon  which  theris  J 
have  been  adjudged  «!ases/'  Chief  Justice  I 
Eyre  has  already  enumerated  these,  aud,  h^  I 
ving  finished  that  part  of  hii  subject,  gone  o|l ' 
lo  something  confessedly  different. 

Arc  we  reasoning  respecting  law,  or  re- 
specting a  state  of  society,  which,  having  no  J 
tixed  rules  of  law,  is  obliged  to  con!^u!t  the] 
dictates  of  its  own  discretion?  Plainly  the  , 
forniLT.  It  follows,  therefore,  that  the  aggra^ ] 
vations  collected  by  the  chief  justice,  are  tc>«J 
tally  foreign  lo  the  question  he  had  to  con-1 
sider.  Let  it  be  granted,  that  tlie  crime,  ml 
the  eye  of  reason  and  discrrtion,  is  the  motill 
enonuous,  that  It  cua  enter  mlQ  the  heaEl  < 


^15] 


55  GEORGE  UL 


Trial  of  Thomai  Hardif 


[216 


fa) lowing  gentlcnicn  were  assigned  by  tlie 
Court  as  their  counsel  -, — for, 

Thomas  Uatdy^^Mr*  Erskine,  Mr.  Gibba. 

John  Home  Tooke, — Mr.  Erskinc,  Mr. 
Gibbs, 

inan  to  conceive,  still  I  shalJ  have  a  riglit  to 
ask  l3  it  a  crime  against  law  P  Show  me  the 
sUtiJtc  that  describes  it;  refer  nie  to  the  pre- 
cedent by  which  it  is  definccl  ■  quote  me  li»c 
adjudged  case  in  which  a  matter  of  such  iia« 
paralleled  magnitude  is  selUed. 

Let  us  know  the  ground  upon  which  we 
stand.  Are  w*e  to  unders^lana  that,  under 
chief  justice  Eyre,  and  the  other  judges  of  the 
special  f  ommission,  rea**onii>^*  are  to  be  ad- 
duced frora  the  axioms  and  cfictums  of  moral- 
ists and  metaphysicians,  and  Ihat  men  are  to 
be  convicted,  sentenced,  and  executed,  upon 
these?  Are  we  to  understand  that  hence- 
ibrtti  the  man  most  deeply  read  in  the  laws 
of  his  country,  ana  n.ost  assiduously  conform- 
ing his  actions  to  ihem,  shall  be  liable  to  be 
arrai<*ned  and  capitally  puni<^hed  for  a  crime 
that  no  law  describes,  that  no  ureccdent  or 
"adjudged  case  ascertjiins,  at  tlie  arbitrary 
pleasure  of  the  administration  for  the  time 
Deing?  Such  a  tniserabie  miscellany  of  law 
and  metaphysical  nr.ixin*s,  would  ha  ten  thou- 
sand times  worbf,  tiian  if  wc  had  no  law  to 
direct  *>ur  actunis,  The  law  in  that  case 
would  be  a  mere  trap  to  delude  us  to  our  ruin 
creating  a  fancied  security,  an  apparent  clear- 
ness and  detinitiou»  the  belter  to  cover  the 
concealed  pitfalls  with  which  we  arc  on  every 
'side  surrounded. 

1  he  chief  justice  is  by  no  means  unaware 
ef  the  tremendous  consequences  that  would 
result  from  such  an  admini*^tration  of  criminal 
law,  lie  speaks  respecting  it,  when  the  sub- 
ject is  first  stitrted,  with  great  temperance 
and  rautiwi.  Ue  says,  "That  Ihe  crime  of 
conspiring  lo  overthrow  tlie  monarchy,  is 
such  an  one,  as  no  lawgiver  in  this  country 
han  ever  ventured  to  contemplate  in  its  whole 
extent*  If  any  man  of  plain  sense,  hut  not 
conversant  with  subjects  of  this  nature,  should 
feel  himself  disposed  to  ask,  whether  a  con- 
spiracy of  this  extraordinary  nature  is  to  be 
reached  by  the  statute  of  treasons^  whether  it 
is  a  specific  treason  to  compass  and  imagine 
the  death  of  the  king,  and  not  a  spccihc  trea- 
fon  lo  conspire  to  subvert  the  monarchy  it- 
self? I  answer,  that  the  statvtte  of  Edward  Urd, 
by  which  we  are  bound,  has  not  declared 
this,  which  undoubtedly  in  all  just  theory  of 
treason  is  the  greatest  of  all  treasons,  to  be  a 
cific  high  treason,  1  said,  no  lawgiver  had 
ventured  to  contemplate  it  in  its  whole 
IBxleot/* 

The  language  here  employed  is  no  doubt 
manly  and  decisive.  From  hence  it  follows, 
with  the  most  irrcfiistildc  evidence,  that  that 
'•  w^  '"  '  '  tr  by  which  we  are  bound, 
lia^  *  be  treason,'*  Itiat  **  which 

no  1..W.U.'-;   "—  i-vcr  ventured  to  contcin^ 


John  Augustus  Bonney,  —  Mr,  Erskine, 
Mr  Gibbs. 

Stewart  Kyd,— Mr.  Erskinc,  Mr.  Gibbs. 

Jeremiah  Joyce, — Mr.  Erskine,  Mr.  Felix 
Vaughan. 

till  all  law  is  ^annihilated,  and  all  maxims 
of  jurisprtidence  trampled  under  foot  and 
despised. 

No  author  has  reasoned  with  f^rr-itr  r  :\rr\i'' 
racyi  and  in  a  more  satisfactory  i  on 

this  important  branch  of  the  Eui;  I     i  au- 

lion  than  the  celebrated  David  Hume,  in  his 
History  of  England.  Ihis  author  is  well 
known  lo  have  been  sutliciently  favourable  to 
the  prerogative,  yet  his  reasonings  upon  this 
subject,  in  the  case  of  lord  Strafforde,  arc  as 
mmutcly  applicable  to  the  case  before  us,  as 
if  he  had  written  them  with  the  proceedings 
of  the  special  commission  of  October,  1794, 
lying  before  him  upon  his  table, 

"  Of  all  species  uf  guilt,  the  law  of  England 
has,  with  the  most  scrupulous  CKactnc«.s,  de.- 
fined  that  of  treason;  because  on  that  side  it 
was  found  most  necessary  to  urotcct  the  sub- 
ject a^am  si  the  violence  of  the  king  and  of 
his  ministers.  In  the  famous  statute  of  Ed- 
ward 3rd,  all  the  kinds  of  trcitsonn  arc  enume- 
rated ;  and  every  other  cnine,  beside  such  as 
are  there  expressly  meniii>ncd,  is  carefully 
excluded  from  that  Hjtpellarion.  But  witn 
regard  to  this  guilt  An  endeuvour  ta  nuhrert 
the  fundtiutcntut  fnwx^  the  statute  of  trrasun  is 
totally  silent ;  and  arbilrarily  lo  inir.^lnce  it 
into  the  fatal  catalogue,  is  itself  a  subversion 
of  all  law;  and,  under  colour  of  defendiag  li- 
berty, reverses  a  ?.latute  the  bei»t  calculated 
for  the  security  of  liberty,  that  was  ever  enact- 
ed  by  an  English  parliament,*'  Vol.  vi,  chap, 
liv,  p.  403. 

The  fullowingare  a  few  seulences  from  the 
defence  of  lord  Strafforde,  as  quoted  by  Mr. 
Hume,  a  nt^blenvan,  whom  the  republicans  of 
that  time  so  vehemently  hated,  and  were  so 
fixed  to  destroy,  as  to  render  them  little  scru- 
pulous of  overstepping  tlie  simple  and  uu^ 
tending  provisions  of  the  law, 

*♦  Wlicre  has  this  species  of  guilt  lain  so 
lone  concealed?  Where  has  this  fire  been 
so  long  litiried,  during  so  many  centuries, 
that  no  smukc  should  appear  till  \x  burst  out 
at  once  to  consume  me  and  my  children  f 
Better  it  were  to  live  under  no  law  at  ail,  and, 
by  the  maxims*  of  cautious  prudence,  to  con- 
form ourselves  the  best  wc  can  to  the  arbi-^ 
irarj'  wdl  of  a  master,  than  fancy  we  have  a 
Jaw  on  which  we  can  rely,  and  find  at  1«M, 
that  this  law  shall  lufiata  punishment  prece- 
dent to  the  pronuilguliun,  and  try  us  by  max- 
ims unheaKi  oriiirthr  very  mitnient  nf  the 
prosecution.  VV  iiere  is  tiic  mark  hcX  upon 
this  crime?  Where  Itic  token  hy  whicn  I 
should  discover  it?  Ic  has  lain  roncealed| 
and  no  human  pn'  :'^:m  innocence, 

could    wive    nic    '  rue  lion   wiUl 

which  I  am  at  prc-^in  im.  ,^i.  unl.** 

**  it  is  now  liiU  two  butidn:d  aod  foit^ 


sm 


Jbr  High  Treason* 


A.  D.  1794. 


[220 


Thoraannolcroft^ — Mr»  Erskine,  Mr.  Gibbs. 
John  Ricbtcr»— Mr.  Er^kine,  Mr.  Gilibs. 
Johti  Ihclwall, — Mr.  Ersskine,  Mr.  Gibbs. 
jobn  Baxter, — Mr.  Erskine,  Mr,  Gurney. 


I  *incc  treasons  were  deBncd,    Let  iis  be 

-viih  what  our  fathers  left  us ;  let  not 

ion  carry  us  to  be  more  learned  than 

l..,.r    ^-vi*',  in  these  killing  and  destructive 

i  1     To  ail  my  afflictions  add  not  this,  my 

Ihc  most  severe  of  any,  that  I,  lor  my 

r  Mns,  not  for  my  treasons,  be  the  n^eans 

_Jrod\>cin^  a  precedent  so  pernicious  to 

!  laws  and  liberties  of  my  native  country  V* 

6, 

Chief  Justice  EjTe*s  daarge  consists  of  three 

~~"\    The  first  tivc  pages  contain  principaUy 

pjid  and  constitutional  ex  positron  ot  the 

*  treason,  as  exlsibiled  in  the  hooks.     In 

we  are  presented  with 

'  1  ni^  this  new  treasort 

,  HI   MJi»vert  the  monarchy;*' 

f  justice,  as  has  already  appear- 

1  hic  Kpeculation,  with  expres* 

rurnulatcd  evidence,  and 

J  J  terms,  thkit  this  new  ima- 

I  £  ison  IS  no  treason  by  the  laws  of 
il 

kictv,  as  the  chief  justice    observes,  the 

KniTC  might  have  concluded.    Here,   if  a 

yf  -iinl  had  been  paid  to  the  essential 

I I  of  criminal  justice,  it  would  have 
;  if  not  in  reality  a  little  sooner. 

'i  nder  of  the  charge  is  made  up  of  hy- 

Dili  I'liption^prejudiaition^  and  con< 

ctii  is  scarcely  a  single  line  that 

tOiri  'iiiwuufTiJ  with  such  phrases. as"  public 
otoneiy,"  "things  likely,"  "purposes  im- 
Dtn^'*  *'  measures  supposed/*  and  ^*  imagin* 

.*'   Liliiin  reason  of  all  this  is,  that  the 
[c  e  suspected,  that  the  treason  de- 

iIjC'  statute  25  Edward  3rd,  and 
I   precedent,  or  deduciblc 
.even  with  the  addition 
rtbc  4.lii  new  constructive  treason, 

ded,  -  sscs,  upon  no  law,  prece- 

J  Or  cuj^e,  and  which  therefore  is  in  reality 
rlr»SK»nt  did  not  aiford  sufficient  ground  of 
ttit.i  t    the    prisoners,     lie    is 

rfcire  •  leave  trie  plain  road^  and 

»eJ  otit  urd.    No  Taw,  no  deduc^ 

,  Of  c<  1  of  iaw»  that  could  he  for- 

lordrj.".,  ,.„,  ._,i  a  mere  view  of  the  sta- 
wtKild  titiswer  the  purposes  of  the  spe- 
l€<»liaQitsa(on.     fie  is  therefore  obliged  to 
'  'gt  himself  in  conjecture,  as  to  what  the 
tW33    rT?3v  h:ivr  ftone,  and    what    are 
"  ih€  f^cf-  rd  before  the  jury." 

Tuo  Hm-t  wre  included  in  this 

I J I  St,  the  chief  justice 
pi;  hifni»elf  unable,  by  direct 

^  wlmt  U  is  we 
1  to  the  neccs- 
'  oi  TL'i'.:jjj;]  '   *'    -    ~'"nend 

i  tj  aclMiti  ce  of 


1^' 


Thomas  Wardle,  Mattliew  Moore,  and 
Richard  Hodgson,  were  not  in  custody. 

On  Monday,  October  the  thirteeoth,  Mr. 

ready  performed  to  the  question,  whether  or 
no  they  shall  full  under  such  or  such  provi* 
fiions  of  law.  Secondly,  by  this  perverted 
mode  of  proceeding,  he  completely  prejudges 
the  case  of  the  prisoners.  He  does  not  pro- 
ceed, as  a  judge  ought  to  proceed^  by  explain- 
ing the  law,  and  leaving  the  grand  jur}'  to  fiTc 
its  application  upon  individuals;  but  leads 
them  to  the  selection  of  the  individuals  them- 
selves, and  centres  in  his  own  person  the  pro* 
vinces  of  jt»dge  and  accuser.  It  may  he 
doubted  whether,  in  the  whole  records  of  the 
legal  proceedings  of  England,  another  in- 
stance is  to  be  Jound,  of  such  wild  conjecture, 
such  premature  jiresumplion,  imaginrttions  so 
licentious,  and  urcams  so  full  of  sanguinary 
and  tremendous  prophecy. 

The  conjectures  of  the  chief  justice  respect- 
ing the  probable  guilt  of  the  accused  fall  un- 
der two  heads.  First,  "  associations,  the  pro- 
fessed purpose  of  which  has  been  a  change  in 
the  constitution  of  the  Commons  House  of 
Parliament,  and  the  obtaining  of  Annual  par- 
liaments/' Secondly,  "  the  project  of  a  con- 
vention to  be  assembled  under  the  advice  and 
direction  of  some  of  these  associations." 

The  treasons  which  the  chief  justice  ima- 
gines himself  capable  of  fixing  upon  some  of 
these  associations  for  a  parliamentary  reform, 
are  of  two  kinds. 

Before  we  enter  upon  these,  let  us  pause  a 
moment,  and  consider  the  unexplored  countnr 
before  us.     Every  paragraph  now  presents  us 
with  a  new  treason,  real  or  miaginarjv  pre- 
tendedly  direct,    or  avowedly    constructive. 
Division  and  subdivision  rise  upon  us,  and  al- 
most every  one  is  concluded  with  the  awful 
denunciation  of  treason.    I'he  chief  jtistifc 
is  no  longer  contented  with  the  plain  treasons 
of  36  Edward  3rd,  or  the  remoter  treasons  of 
Foster  and  H*ilc.    His  whole  discourse  hangs 
by  one  slender  thread.     He  perpetually  refers 
to  the  new  and  portentous  treason  of  his  own 
mere  creation,  **  a  conspiracy  to  subvert  the 
**  monarchy  ;*'  a  treason,  which  he  ingenu- 
ously avow's  "  no  lawgiver  in  this  country  has 
ever    ventured    to    contemplate,'*  and  *Hhe 
statute  of  Edward  3rd,  by  which  we  are  bound* 
has  not  declared;*     Upon  this  self-constitutexl 
treason  he  hangs  his  other  conjectures  and 
novelties  as  weil  us  he  is  able,  b)  the  help  of 
forced  constnictions,  of  ambiguoun  and  Uu- 
ceitful  words,  and  all  the  drlu^iont  of  a  prac. 
Used  sophistcr.     Was  it  necessary  for  the  de- 
struction of  twelve  private  and  untitled  incn^ 
to  create  all  this  confusion,  to  prmhire  nil  ihi» 
Riin,  to  overturn  everv  thing  tbul  u  vahialilc 
in  English  librrtv;    "^   "'  '^*'  ui  for  tune  rom^ 
inrt  under  thn  imr  ami  IncxpUcmtlr 

dehpoti-iin  that  the  cr  taw  f 

Let  us  attend  to  the  opiatcrn  of  judge  ! 
stoue  ui>oti  ihii  aulu«^ct, 


35  GEORGE  III- 

White,  solicitor  for  the  treasury,  delivered  lo 
each  of  the  prisoners  a  copy  of  the  tDdictmca^ 
a  hst  of  the  jurors  impEtnclled  hy  the  ^he^ff, 
and  a  tbt  ot  the  witnesses  to  h^  produced  by 
the  crown  for  proving  the  said  inoictment. 

**  By  the  ancient  common  law,  there  was  a 
great  latilude  left  in  the  brea&t  of  the  judges,  j 
to  determine  what  wiis  treason  or  nut  so;  ' 
vr hereby  the  creatures  of  tyrannical  princes 
had  opportunity  to  create  abuodiince  of  con- 
structive treasons :  that  ia,  to  raise,  by  forced 
and  arbitrary  constructions  ofi'ences  into  the 
crime  and  puni!>»hment  of  treason,  which  never 
were  siL«ipected  to  be  such.  To  prevent  lhet»e 
inconveniences,  tlie  Matute  25  Edward  3rd, 
chap.  9,  wa%  made.  [B<^k  iv,  chap.  6,  p.  75] 
—This  is  a  great  security  to  the  public,  and 
leaves  a  weighty  m4menio  to  judges  to  be  care- 
ful, aud  not  overha^ty  in,  letting  in  treasons 
by  construction  or  interpretation^  especially 
in  new  ra^os  that  have  not  been  resolved  and 
settled. ^ — The  legislature  was  extremely  libe- 
ral in  decbriuie;  new  treasons  in  the  unfortu- 
nate reii^n  of  kuig  Richard  the  second  ;  but|, 
in  the  first  year  of  his  successor's  reign,  an 
act  "  was  passed^  which  at  once  swept  awuy 
this  whole  load  of  extravagant  treasons.  An 
terwards,  particularly  in  the  bloody  reign  of 
Henry  8th,  the  spirit  of  inventing  new  and 
strange  treasons  was  revived  ;  alt  which  new- 
fangled crimes  were  totally  abrogated  by  the 
statute  1  Alary,  chap*  1 ;  since  which  lime  the 
legislatnre  lias  become  more  cautious  upon 
this  subject.**     [P.  85,  86.] 

The  hrst  mode  in  which,  according  lo  chief 
Jul  r  .  an  association  for  parliamentary 
rt"  incur  the  penalties  of  hi^h  trca- 

»Gij,  13  *>iua  **  other  purposes,  besides  tho.<ke 
of  parliamentary  reform,  and  of  the  most  trai- 
torous nature,  are  hidden  under  this  veil" 
The  purposes  he  may  be  supposed  to  mean, 
are  tliose  of  his  new-fangled  treason,  of"  con* 
spiring  to  subvert  the  monarchy."  ThuSi 
in  the  first  piace^  we  have  an  innocent  purpojws 
constituting  the  professed  object  of  this  sup- 
posed as.sociation ;  and  behind  that  the  grand 
jury  arc  to  discover,  if  they  can,  a  secret  pur- 
pose, totally  unlike  that  which  the  associators 
profess;  and  this  pun^ose  chief  justice  Eyre 
clerlares  to  be  treason,  contrary,  as  he  avow- 
edly ronlesscs,  to  all  law,  precedent,  a^d  ad- 
judif-Ucd  cases. 

The  second  mode,  in  which  the  chief  justice 
15  wilUng  to  pre- suppose  hii;h  treason  in  an 
%S^oriatton  tor  parliamentary  irr.Min   i^    by 

ii  an  association,  not  in  itt  <•  as 

I  says,  '*  simply  unlawful,  too  t m  .  ^i  De- 
rating, and  becoming  unlawful  in  the  highest 
degree.'* 

It  isdifficuU  to  con 
with  the  gravity,  that 
giM rate,  delivering  bis 
of  iu»lictf.  **  An  assot  i 
refcrmmav  rf 
in  the  hi^hr 
cstcnt  of  itic  '. 


n  this  article 
line  to  a  ma- 


On  Friday,  October  the  34lb,  Thomas 
Hardy,  Joiio  Home  Tooke,  John  Augustus 
Bo nney,  Stewart  Kyd,  Jeremiah  Joyce,  John 
Richtcr  and  John  Thelwall,  were  removed 
by  habeas  corpus  from  the  Tower  to  New- 
gate. 

knows  not   that?    Was   it    necessary    tba 

chief  justice  Eyre  should  come  in   "^^ 
Iconity  to  announce  to  us  so  irr>  4 

proposition?    An  association  for  j..... ..*,>.ii- 

tary  reform  may  desert  its  object,  and  be 
guilty  of  high  Ireasoa  True :  so  may  a  card 
club,  a  bench  of  ^us^tices,  or  even  a  cabinet 
council.  Does  chief  justice  Eyre  mean  to  in^ 
sinuate,  that  there  is  something  in  the 
pose  of  a  parliamentary  reform,  so  uohal 
ed,  ambiguous,  and  unjust,  as  to  render 
well-wishers  objects  of  suspicion,  rather  tf 
their  brethren  and  fellow  subjects  ?  Wh 
can  be  more  wanton,  cruel,  and  inhumai 
than  thus  gratuitously  to  single  out  the  pur* 
pose  of  parliamentary  reform,  as  if  it  were,  g|[ 
all  others,  most  especially  connected  with  de- 
generacy and  treason  ? 

But  what  is  principally  worthy  of  observe* 
tion  in  both  these  cases,  is,  the  easy  and  artf  " 
manner  in  which  the  idea  of  treason  is 
troduced  mto  them.     First,  there  is  a  **co 
cealed  purpose,*'  or  an  insensible   **  degeni 
racy,*'  supposed  to  take  place  in  these 
ciations.    >Jext,  tliat  ^^  concealed  purpose 
or  insensible  **  dcjgeneracy,"  h  suppoHcd 
tend  directly  to  this  enii,  the  **  subversion 
the  tnonarcliy:"    Lastly,  a   **  conspiracy  . 
subvert  the  monarchy/'    is  a  treason,  firi 
discovered  by  chief  justice  Eyre  in  1794,  nev 
contemplated  by  any  lawgiver,  or  included  i 

any  statute.    Deny  the  chief  juslii -le^ 

of  his  three  assumptions,  and  his 
duction  falls  to  the  ground.  ChaiU.>^..  »at.), 
or  any  man  hving,  to  prove  any  of  them  ;  ant) 
you  require  of  him  an  impossibility.  And  It 
IS  by  this  sort  of  logic,  which  would  be  scout- 
ed in  the  rawest  graduate  m  either  of  our  uni- 
versities, tliat  Knglishuien  arc  to  be  brt^uglil 
under  the  penalties  of  treason ! 

Of  the^e  assumptions,  the  most  flngra 
perhaps,  if  in  reahty  there  can  be  any  grad 
tion  in  such  groundless  assertions,  is  tb: 
which  imputes  to  the  associations  a  *'  coj 
spiracy  to  subvert    the  *'  n»onarchy."    T] 
chief  justice  knows,  for  no  man  is  'tj^noia 
that  there  is  not  the  shiidow  of  evidence 
such  a  conspiracy*    If  anv  man  in  Englai 
wishes  th''   ^")iv-rtigii  of  the  monarchy- 
there  am  ind  that  dues  not  feci,  lii 
suchiub\'                 rectedatallyCanohlvbi't' 
fected  by  an  msensible  revolution  < 
Did  these  associdtJon^  phm  the  tnur 
king,  and  the  <>n  of  the  iu>«tl  f« 
Iv?    Wher^  :i  oh  of  it?    But 

,a  piii^rc  tiii'in  probubi 

■li.-nir--    nf  1  u-,iLin   H^d 


UH'L      \H      41 


it] 

51*   utitsgri,       VV  tiu  I  ^jcuU  every  ijiau  to   luc  ^^uiowa  wiuioui  tJt;^ 


Jbr  High  Trtasm* 
Stmnu  UmU4  in  the  Old  Baitty,  Saturday  Oc- 

l*re»iil,— Lo«l  chief  jtislice  E/re;    lord 
chief  Iwron  Macdonsild  ;  Mr.  baron  Hotham ; 

'         appcHations  shall 

[  e,  or  bis  niajesly's  scr- 
:c  of  high  treason  to  ad- 
)('c  il.  The  purpose  of 
I ,  as  the  rhicf  justice  con- 
..,  being  treasonable,  is  not 
nl,"  If  the  persons  now  in 
■  - ,  1 1,  e  been  2;uHly  of  high  treason, 
flat  IS  the  pomt  to  which  uur  allenlion  is  to 
be  f::i1!e<J  Thrlr  treason  is  neither  greater 
n  '^*S  ^Tigaged  in  a  mwful 

M  ^  ftr  a  pariiamentary  re- 

fi  1  ua   uhu^i'lhcy   have  done  that  is 

i:  uJ  do  not  seek  to  excite  eictrajudi- 

aaJ  ^♦rguaiccs  against  them  for  what  is  iono- 

Having  fl  Mhe  immediate  purpose  of 

t  jnrbamf  n  m,  the  chief  justice  goes 

Mk  io  the  is-.M  j^»jj.tL  to  consider  "the  project 
•fa  convention,  to  be  assembled  under  the  ad- 
fke  and  direction  of  some  of  these  as&ocia- 


A.  D.  1794. 


^RC 


And  htTv  h  was  impossible  not  to  recollect, 
t'  -  and  meetings  of  delegates 

i  us  foreign  to  the  English  his- 

loiy  ;  iaiiS  llmi  twelve  or  fourteen  years  ago, 
Btov  of  his  majesty's  present  ministers  were 
d«plT  enpged  in  a  project  of  this  nature. 
Accoriifii^ry,  the  chief  justice  lakes  a  very  me- 
IBMlt't     '  Hon.     He  calls  it  **  a  project, 

^Mffl^i  imcjj  would  have  been  hardly 

thlM^bi  v»^  '  r        irration,  butp  in 

ib»e,oaTi!  een  attempted 

til  ifi  t  \  L  •-  M I  ( u  1 1  III  ,1  L 1 1  -  i  itnl  part  or  th  e 
Idn^dom,  and  with  the  example  of  a 
tinng  country  before  our  eyes,  is  de- 
become  an  object  of  jealousy  to  the 


icmdly 


f^frc  arc  j 
Ixhrmn!  3rd, 
tie  «nfi1c\ 
**^baU  tarr 


^th^ 


-  one  of  the  most 

1  nciples  of  executive 

1(1  of  or  imagined. 

Tit  measures  of  jus- 

^  by  the  act  i?5 

iJing  fitting  to 

says  the  act, 

judgment  of 

I  and  de- 

rliameot, 

ir   Fn'j-<,t    ifriuon  or 

liameutj  thf    lp;^islative 

iii  .V  n»  ike  new  provi- 

II  10  cjreum- 

\\('  L-Miriiunders 

Ives 

jons 

.  or 

the 

Sttt- 

Lhcr, 


Mr.  justice  Duller;  Mr.  justice  Grose ;  and 
others  of  his  majesty's  justices,  &€♦ 

Thomas  Hardy,  John  Home  Tooke,  Job 
Augustus  Bonney,   Stewart  Kyd,   Jeremia 


they  are  to  find  to  day.  An  interpretation, 
shifting  with  every  gale  of  accident,  may  pro- 
duce undefinable  terrors  in  its  niisemble  vic- 
tims, may  devote  its  authors  to  eternal  exe- 
cration, but  can  have  none  of  the  venerabh 
features  either  of  law  or  justice. 

Some  of  the  dreadful  consequences  in- 
volved in  this  loose  and  ttucttmling  interpre- 
tation, ^how  themselves  in  the  very  ncstl  sen*' 
tcnce. 

"  It  will  be  your  duty,'*  says  the  chief  jus* 
tire  to  the  jury,  "  to  examine  the  evidence 
oh  this  head  very  carefully,  and  to  sift 
it  to  the  bottom  t  to  consider  every  part  of 
it  in  itself,  and  as  it  stands  connected  with 
other  parts  of  it ;  and  to  draw  the  conclusion 
of  fact,  as  to  the  existence,  the  nature  and  ob- 
ject of  this  proposed  convention,  from  the 
whole. 

"  In  the  course  of  the  evidence  you  will 
probably  hear  of  bodies  of  men  having  been 
collected  together,of  violent  resolutions  voted 
at  this  and  other  njeetings,  of  some  prepara* 
lion  of  offensive  weapons,  and  of  the  adoptiofi 
of  the  language  and  manners  of  those  con- 
ventions fn  France,  which  have  possessed 
themselves  of  the  government  of  that  country. 
I  dwell  not  on  these  particulars,  because  I 
consider  them  not  as  substantive  treasons^ 
but  as  circumstances  of  evidence,  tending  to 
ascertain  the  true  nature  of  the  object  which 
these  persons  had  in  \'iew.'* 

Here  we  have  *.et  before  us,  in  the  most 
unblushing  and  undisguised  manner,  that 
principle  of  coiislructive  treason,  which  has 
upon  all  occasions  formed  an  object  of  exe- 
cration in  English  history.  Let  us  hear  what 
Flume  says  upon  the  stibject  in  the  farther 
progress  uf  that  very  passage  which  has  been 
already  quoted, 

•*  As  tins  species  of  treason,  discovered  by 
the  Commons,  *  in  the  case  of  lord  Strafford e,' 
is  entirely  new  and  unknown  to  the  laws ;  so 
is  the  species  of  proof  by  which  they  pretend 
to  6s  that  guilt  upon  the  prisoner.  They 
have  invent^  a  kind  of  accumulative  or  con- 
structive evidence,  by  which  many  actions, 
either  totally  innocent  in  themselves,  or  cri- 
mmal  in  a  much  inferior  degree,  shall,  when 
united  amount  to  treason,  and  subject  the 
person  to  the  highest  pcnaUJes  intlictcd  by 
the  law.  A  haily  and  iMifMinnlpd  word,  u 
rash  and  passionate  ai  i  Sod  by  the 

malevolent  fancy  of  the  ^nd  tortuicd 

by  doubtful  constructions,  is  transmuted  into 
tfiE  deepest  guilt,  and  the  Uves  and  fortunes 
of  the  whole  nation,  no  longer  protected  by 
jiistifc,  are  subjected  to  arbiti-ary  will  and 
plcttsure"  [p.  40:t.]. 

II  is  not  easy  to  conceive  of  two  passnge^ 
more  parallel  to  each  gtlwr,  than  the  dw 


223] 


35  GEORGE  III. 


Trial  ofTlifmas  Hardg 


[224 


Joyce»  Thomas  Holcroft,  John  Richter,  John 
Thelwall,  and  Juhn   Baitler,  were  arraigned 

tupon  the  followitig  indictment,  and  severally 

Lf  leaded  Not  Guilty. 

*  here  delivered  by  chief  justice  Eyre,  and  the 
condemtiation  pronounced  u^n  them  by 
v^ay  q\'  anticipation  by  the  illustrious  liume. 

f'Thus,  **  a  hasty  and  unguarded  word," — 
'  Adoption  of  the  language  of  the  convention 
in  Fmuce,'' — **  A  rash  and  passionate  action/' 

I — «  Violent  resolutions  voted  at  tliis  and  other 
meetings  —  some  preparation  of  offensive 
\i'eapon.s," — '*  Actions  either  totally  innocent 
in  themselves,  or  iriroinal  in  a  much  mferior 
degree"—**  I  consider  not  these  particulars 

I  as  substantive  treasons*^* 

Can  any  thing  be  more  atrocion?,  than  the 

:  undertaking  to  measure  the  guilt  of  an  indi- 

I  vldnal,  and  the  interpretation  of  a  pUin  and 
permanent  law,  by  the  tran&ilory  example 
that  may  happen  to  exist  **  before  "our  eyes  in 

^  a  neighbouring  country  ?" 

The  chief  justice  bpf^aks  of  two  sorts  of 

J  convention.      The  first,  "  a  convention,  in 

I  inntatiun  of  those  which  we  have  heard  of  in 

jyrunct',  in  order  to  usurp  the  government  of 

[tlic  country.'^ 

There  lurks  a  memorable  ambiguity  under 

^us  word  convention.     A  cunvcntiou    was 

I  no  long  lime  ago,  of  delegates  from  the 

II  burghs  in  Scotland,  to  consider  of  a 
reromialion  in  the  administnition   of  those 

[Ijurghs.    Of  this  convention,  the  present  lord 
Jsdvocate  of  Scotland,  among  others,  was  a 
llitember.      A   convention  was  proposed    in 
il7U0,  of  dele^tes  from  ttie  diflVreut  county 
I  ineetings  held  at  that  period.     Both   these 
l^conventions  were  consitlerably  more  furmi- 
idable  in  their  slruclurc  tlian  that  which  is  the 
taubjcct  of  present  animadversion.    The  royal 
jburghs,  and  the  meetings  of  freeholders  in 
tlbe  sever*il  counties^  consist  of  bodies  more 
[©r  less  recognized  by  tlie  constitution,  and 
x>S9essing  a    degree   of  inherent  authority. 
The  convention  proposed  in  the  present  in- 
[stance,  was  simply  of  delegates  from  the  dif- 
ferent societies,  vohmlariiy  associated  tor  the 
jrpose  of  parliumenlary  reform.    They  could 
05se&«   no  inherent  a'nihority*      The  per- 
ons  who  constituted  them,  must  have  been 
^ctuated  by  the  mo^t  perfect  insanity,  before 
they  could  have  dreametl  of    uBurpiiM^  tlie 
ovcrnmcnt  of  the  couritr}'.     No  delu.Hon, 
herefore,  can  be  more  gross,  than  an  attempt 
rfe  ityle*  us  chief  justice  Eyre  styles,  such  a 
convention  **  a  convention  of  the  people/* 

In  describing  his  first  sort  of  convention, 
^cdiief  Justice  roundly  affirms,  *' that  the 
project  of  svirh  a  convention,  and  any  one 
step  taken  towards  bringing  it  about,  such 
as,  for  instance,  consvdtalions,  fonniug  com- 
-nittces  to  consider  of  the  mean^»  or  acting  in 
^  bosc  commilteei^j  would  U-  «  case  of  no  dif- 
Istulty  ^  it  would  be  ll  ison; 

it  would  be  compa^  the 

king*f  death;  vxi  tiot  umy  ms  attain,  but  the 


INDICTMEIIT, 


MlddlueXj  {BE  it  remembered  that  at  a 
to  wit.      J    special   se^Mon  of  Oyer  and 


death  and  destruction  of  all  order,  religion^ 
and  laws,  of  all  property^  and  security  for  tlic 
lives  and  liberties  of  the  king's  subjects.'' 

There  i^  a  figure  m  speech,  yf  the  highest  use 
to  a  designing  and  treacherous  orator,  whict^ 
has  not  ;jet  perhaps  received  a  name  in  the  la- 
bours ot  Aristutle,  Quint illian,  or  Tarnaby. 
I  would  call  this  figure  encroachment.    It  is 
a  proceeding,  by  which  an  affirmation  is  rai»- 
deslly  insinuated  at  first,  accompanied  with 
considerable  doubt  and  qualification ;  repeated 
atlcrwards,  unaccompanied  with  the^e  quail* 
fications ;    and  at  last  asserted  in  the  most 
peremptory  and  arrogant  lenns     It  is  thus 
that  chief  justice   Kyre  expresses  himself  re- 
specting a  **  conspiracy  to  overturn  the  mo- 
narchy."   It  is  first  a  trea-son,  "  not  declared 
by  the  statute  25  Edward  3rd ;"  a  ireasoi^ 
**  Nvhich  nu  lawgiver  in  this  country-  has  ever 
ventured  to  contemplate;'*  a  treason,  *' not 
I  restmg  for  its  authority  upon  any  law,  pro- 
I  cedent^  or  adjudged  case."     It  is  not  this 
thing,  nor  it  is  not  that ;  "  the  *etJUw  rcf  ni 
spoken  of  by  some  of  our  ancient  writers,  bul 
I  which  is  no  part  of  our  law,  seems  to  come  the 
I  nciirest  to  it,'*  but  will  not  apply,    **  the  par- 
ticular nature  of  the  traitorous  attempt,  will 
fall  within  one  or  other  of  the  specinc  irea* 
I  sons  of  the  statute  of  Edward  iJrd."  A  strange 
\  crime,  wijit h  the  judge  knows  is   provided 
■  against  by  tlje  first  or  the  second  principal 
I  clause,  but  is  unable  to  determine  w nether  it 
I  is  by  the  former  or  the  latter!    Afterwards 
I  the  chief  justice  speaks  of  it  with  less  hesi- 
I  tat  ion  ;  and  at  las  t^  as  we  have  seen,  aiErms 
it  to  be  *^  a  case  of  no  difficully,and  the  clearest 
I  hid^  trcasitu.'^ 

Can  any  play  upon  words  be  more  oon- 
templiblc,  than  that  by  which  the  chief  jus- 
tice, finding  the  king's  death  the  subject  of 
one  of  the  clauses,  and  determined  to  trace 
at  least  some  remote  analog>'  between  that 
and  the  subversion  of  the  monarchy,  describes 
the  latter  by  the  appellation  of  *'  tlte  death 
and  destruction  of  all  ordcr,religion,^'c.^c,  T* 
The  second  sort  of  convention  in  chief  ius- 


1 


ticc  Eyre's  arniugement/isaconvent 
not  intending  to  usurp  the  coven  i- 
country,  **  has  for  its  sole  object  t 
a  change  in  the  mode  of  repri 
llsc  people  in  parliament,  and  tl^.  i  ...jt^ 
that  p^liamcnts  should  lie  held  aimually* 
And  here/*  says  the  chief  justice,  **  there  is 
room  to  distinguish.  Such  a  project  of  CQIlf 
vention,  taking  it  to  be  crimiiiHl,"— 

"Taking  it  to  be  criminal!"  Was  crer 
postulate,  more  cjttraordinarj',  or  more  iotoU 
erable?    Did    ever  judge,   -  the 

bench,  previously  to  ttus  iu^t  :io 

whole  question ;  ii!'  '  h* 

out  the  ¥ihadow  ct  ur 

uuncupatory;  Stfttulc  or  rL'^>orij  Inc  wuuit;  vlU 


fihe  conn 
county  on  1 

ID  ll 

ver 


^/Ir  Wi^A  Treusan* 

T of and 

4t  the 

in  the 

,ii  day  of 

liUh  jfcar  ot  the  reign 

'•  eorge  the  Third  by  the 


A.  D<  lT9i. 


[92G 


ninsJity ;  and  then  proceed  at  his  leisure  to 
liilfiiwte  the  issumed  cnmitiality  into  all  its 
tffefcot  degrees?  Meanwliite,  alter  this  toud 
I  p^ff,»,.,vir,»'X'  «r,-.,r»i.|e,  the  chiefjustice  is 
nc  $ort  of  convention^ 
^**  -I  iiiality/'  **  a  convention, 

insg  i  object  a  dutiful  amJ  peace- 

ibla  api  to   parliament  by   petition^ 

caoOQt  oi  ttjich  be  runkcd  among  Uiis  class  of 
afatircs/''     tie  darc!»  not  jiti^rm  tliat  it  is  to 
Ited  among  any  class  of  offences  what- 
^_^f,— Bui  to  proceed  to  the  distinctions  he 
^dltlttlcfis  to  enumerate. 

thm  int  sort  of  '*  Convention  ^  which  has 


liritf  oljtcc  U^> 
mkn^f  and  that 

eol. 


rj^  a  parliiimentary 
V,  is  a  convenlioD, 
lit  the  authority  of 
ijrpose"  usurping, 
llinctionsof  legis- 
isticc  determines, 
^  us  in  the  preeed- 
be  high  treason   in 


,JUL. 

*'  woutd 

/one  of  the  actors/^ 

hhtr  Ihia  bboriousdiscuswon,  chief  justice 

Eyie  U  DQt  yet  salistied  that  he  has  framed  & 

CVMlrocUofi^  strong  enough  to  ensnare  the 

XKmr  under  confinement.      He  has 

inction  upon  di^tinclioo.    He  has 

^       ^  at   least  live    or    si 35    ditTerent 

^f  licason,  not  found  in  the  direct 

ia  o/^.Edward  3n\  or  in  the  remoter 

i '^  "^V'^r  -    nd  Hale;  not  supported, 

c  ses,  by  any  law,  prece- 

,ojr  i„^j««g,^^  ^^:>c.     But  all  this  he  does 
ui  tliii  iBcr#  nntanoeto  of  lii^  power.    If  any 
af  Ibe  pmmmm  now  under  caiiTmcmevit  had 
1  accMlnllitg  to  all  the  itnumcrations  of  hh 
cases,  it  muy  satt  tv  t»e  atlirraed, 
I  n  a  charge  of 

. .>r  beacquiltol* 

t  ibe  cht*-  >  lU>  confesses,  that 

mg  to  any  one  of 
i€M**  in:  Loti  of  fiction^  hypo- 

lhMb>  on*  i!«  brought  tbrward 

Jor  llie  »*.'ic  i»uri  "'    r  uf  convmcing  us 

•I'lhvilliparallel*  >  of  the  lord  chief 

joitiR    -  •   *^''  ^^  ^  court  of  Common 

Fl«i»i  r    the   imaginations,   to 

'  nation. 

I,  aj)d  if 

iiuuld  be 

m]  be  tlic 

^4i>  aiid  severe,  it 

Hon  I 

.    having    hitherto 

i»  nut  to  the  pur- 

I    '     mrUter  in 

M^enuity, 

ir^^M  liJ^  ari%  uuu  uts^iuy^  iiih  uUaoat  in* 

VOL  XXIV, 


JjL^t   I 


btliicfrs 


pace  of  Cod  of  Great  Britain  France  and  Ire- 
Jand  king  defender  of  the  faith  and  S0  forth 
before  the  right  honourable  sir  James  Eyre 
knight  chief  justice  of  our  said  brd  the  king 
of  ins  court  of  Commun  Pleas  the  right  ho* 
Qourable  sir    Archibald    Macdonald    knight 

Irepidity  of  countenance*  This  part  of  the 
case  ib  opened  as  follows  : 

"Whether  the  projectof  a  conTention^  having 
for  its  object  the  collecting  together  a  power 
which  should  ot'eravve  the   legislative  body, 
but  not  suspensl  il,  or  enhrelv  determine  its 
functions,  if  acted  upon,  will  also  amount  Xq 
high  treason,  and  to  the  specific  treason  of  J 
compassing  and  imagining  the  ktng*s  death^  [ 
is  a  more  doubtful  "question.     Thus  far  is 
clear :  a  force  upon  the  parliament^  must  be 
immediately  directed  agwnst  the  king.    It 
must  reach  the  king,  or  it  can  have  no  eifecC  | 
at  all.    The  laws  are  enacted  in  parliament ' 
by  the  king's  majesty,  by  and  with  the  advice 
and  consent  of  the  Lords  and  Commons  ia  [ 
parliament    assembled.    A   force    meditated  < 
against  the  parUainent,  therefore,  is  a  force 
nieditatcd  against  the  king,  and  seems  to  fall  I 
within  the  cases  de&cribed.*' 

Nothing  can  be  more  jgross  to  the  view  of  I 
any  one  who  will  attentively  read  this  pam*  [ 
^pb»  than  its  total  want  of  all  definite  andi 
inlelhgible  meaning.  The  chief  justice  talkf  ] 
of  "  collecting  together  a  power,*'  and  of  •*  * 
force^'  exercised  upon  t!ie  parliament.  What] 
IS  here  intended  hy  the  words  power  and  1 
force?  Under  ihe  kindly  ambiguity  of  these, 
words,  the  chief  justice  seems  very  willing  to  i 
slip  upon  us  the  idea  of  an  armed  power  and  { 
a  military  force.  But  this  can  scarcely  by  any  ' 
construction  be  reconciled  to  the  idea  of  ftj 
convention.  An  army  of  delegates  wasa^l 
idea  reserved  for  chief  justice  Eyre  to  intro»1 
duce  into  the  world.  Well  then:  let  us  sup*  j 
pose  that  arms  and  violence  are  not  intended; 
yet  the  chief  justice  says,  that  tlie  project  of  a 
convention  has  for  its  ol  ject  ^'  the  collecting  I 
together  a  power,  which  should  overawe  tlia  1 
legislative  body/'  This  word  is  still  more] 
ambiguous  thin  any  of  the  rest.  What  are] 
we  to  understand  hy  the  phrase  "  to  over-  1 
awe?"  Awe  in  its  true  acceptation  has  always  J 
been  understood  to  mean  defereuce  or  ro-l 
spect.  It  cannot  mean  any  thing  else  hcre^I 
since,  as  we  have  already  seen,  armed  powef  ] 
and  military  force  arc  out  of  the  question,  j 
i3ut  in  this  sense  what  is  the  object  of  every  j 
species  of  convention  or  pohtical  associatioc 
whatever  ?  It  is  always  ij) tended  to  produce  1 
deference  and  respect.  Thua  the  chieljtistice  j 
very  properly  observes,  that  "  a  convention,! 
having  for  its  sole  object  a  dutiful  and  peace-.! 
able  applicalion  to  parliament/'  dees  not  fait] 
to  find  tlmt  application  attended  with  "  ro^] 
spect  and  cre<lil»  iu  propof  tion  to  its  uuiverw 
fiality/'  Indeed  there  ran  be  no  doubt,  thall 
there  arc  but  two  ways  of  oper:'  a* 

men's  ci^ndurrt,  the  one,  bv  cihihr 
tneuts  caLsuieiled  to  prtivail  upeu  iu^u  vv«ck' 
Q 


2S7J         S5  GEORGE  IIL  Trial  of  Thomas  Hardy  [228 

chit  f  liainii  of  our  Mtid  lord  the  king  of  his  I  able  sir  Nash  Grose  knight  one  of  the  justices 
rum i  of  I'.xrhcqutT  llio  hunonruMc  sir  Deau-  I  of  our  said  lord  the  king  asMgned  to  hold 
inont  llotliain  knij^bt  oiicof'tlic  barunKofour  I  pleas  before  the  king  himself  the  honourable 
f«aicl  lord  tlir  kiiii' Of  his  ^aid  court  of  Kxchc-  |  sir  Souldcn  Lawrence  knight  one  other  of 
qiitT  the  lioiiourublr  sir  IVaiicis  Hiillcr  bartiiiet  :  the  justices  of  our  said  lord  the  king  assigned 
oiUMifilirjnMirrs  iifoiir  said  lord  Ihc  king  of  .  to  hold  Picas  before  the  king  himselT and 
his  said  ronrt  of  (  oiunion  Picas  llic  honour-  |  others  their  fellows  justices  and  commissioners 

incIiu;ilinM>i  and  coiivinion,  tlir  other  a  per-  fvcn  he  hesitates  to  decide.  He  dares  not 
rciviu;;  liow  murh  the  ihiuj:  nM|uircd  accords  |  aver  the  proceeding  described  in  it  to  be  tiea- 
willi  ilir  sMisc  of  nuiiMTous  lutdics  of  men,  |  son.  Well,  then;  what  is  the  remedy  he  pro- 
iinti  luulirs  oi  men  entitled  to  eminent  i  redit.  i  po*;cs?  Surely  anew  act  of  parliament;  the 
Suih  hem,:;  llie  Mihstaiue  ot  the  luosl  ina-  .  rrniwly  prescribed  by  the  act  of  Edward  Sid, 
lerial  para<:rii)ili  in  the  chafire  to  the  grand  i  '' in  cases  of  treason,  which  may  happen  ia 
jury  Jet  Us  >eeiu  xvii.it  maniur  tluspar;(>;r;iph  !  time  to  come,  but  which  could  not  then  h% 
is  ViUif  liuli  d,  and  what  are  the  inferences  '  thought  of  or  declare<l."  No  such  thing, 
drawn  iVom  it.  NN  hal  is  the  Ireaimenl  due  |  V\^i\  this  case,  which  he  does  not  venture  to 
to  tliis  lurce  which  is  no  force;  thiscollecling  I  pronounce  to  be  treason,  he  directs  the  grand 
toi;i'llur  a  power,  unarmed,  and  entitled  to  jnry  to  find  the  bills  to  be  true  bills!  He 
credit  onlv  for  its  univvTsaliiy  ?  \N  hat  shall  tells  them,  "  that  it  is  tittinp:  that  this  case," 
he  done  to'  the  uien  \\\\o  thus  overawe  the  j  w-hich  he  *'  states  as  new  and  doubtful,  should 
K'jjislative  hi  dv.hy  eNciiiiij;:  its  defeniice  and  :  be  put  into  a  jinlicial  course  of  inquiry,  that 
respect:  or.  faihnji  this,  do  lu't  overawe  it  at  j  it  mav  receive  a  solemn  adjudication,  whether 
«ll,  m  isuMich  as  I  hey  have  no  power  to  in-  j  it  will  or  will  not  amount  to  high  treason  !'' 
force  I  hm  demindsr*  "Wlulluror  no,"  as  ;  The  chief  justice,  in  this  instance,  quits 
chief  justice  Kyre  sai:;uiously  ohM-rves  "  the  !  the  character  of  a  criminal  judge  and  a  civil 

IMoiri  I  i»f  >ui  h  a  coiuention  wiil  amount  to  m.inistrate,  and  assumes  that  of  a  natural 
tich  lie.i>on.  is  a  more  iloulittul  question."  '  philosopher  or  experimental  anatomist.  He 
He  adiU.  ••  m  this  ease  it  iloes  not  np|«e.ir  to  is  wilhng  to  dissect  the  persons  that  shall  be 
inr.  tliHt  I  am  wairanted  hv  lix  .»uthuuiies.  to  hr on i^ht "before  him,  the  better  to  ascertain 
Male  to  you  as  cic.ir  law,  that  the  mere  con-  the  truth  or  t'd^chood  of  his  preconceiTcd 
spir.icv  to  raise  such  a  torce"  Lrecvltect  \\\\a\  conjectures.  The  plain  English  of  his  rccom- 
li.is  been  Siiid  u,mu  llie  nature  of  this  torcel,  .  inciidation  is  this:  ••  Let  these  men  be  pot 
••  and  tne  enleriui;  u»tocoi^suii.iti*.ns  ro*ptvi-  upon  trial  for  their  live*:  let  them  and  their 
inj;  It.  will  alone,  and  wiil'o'.ii  .ulualK  r.ii>in:;  friends  throujih  the  remotest  strainers  of 
the  f-rce,  ei'nsislutc  tiio  cr'.m-.  C'f  h  ih  irtaM  Ti.  ceiMUxion.  be  exposed  to  all  the  anxieties 
>Vli.it  tl»e  l.iw  i*  ui  tli,*t  c.iso.  ,ui'i  \\\\.\\  \\\\\  incident  to  somicortiin  and  fearful  a  condi- 
be  the  etKMoftl.e  o;rc!m»si..!u-e  i  ♦  the  Iv-rre  tii  :i :  !et  them  be  exposed  to  ignominy,  to 
bein;  i!uis  nuVi;:atcd.  wiilhc  l^t  lo  Iv  s^-  oM.r-.:y.  to  :ho  part ialilics,  as  it  may  happen, 
lemnix  considoied  a-.u;  dtlermiiud  wnen  the  oi  a  prcjuaicoi  judge,  and  ihe  perkcrscness  of 
case  stu!'.  .iriM."  an  liiivr-int  jury  :  wc  shall  then  know  how 

Here  t'-.v*  c:iu  r" -iisti.-;'  sivmK*  with  .i  ^r'^vcr  we  or.: it  to  conceive  of  similar  cases.  By 
devT'ce  or"  0  o.*cs:\  an.l  p:e\  mliv^'.n  so  i.-.r  .i-i  tr.uvp  .1.^  ujhmi  their  peace,  throwing  away 
rc.itc^to  :*:•.•.•  >!r.';\.^i\i  spirit  if  the  per'^ous  tin::  ..^I's  or  sj^irting  with  their  innocence^ 
u:u?. '  I V :  :;  v.  '.cit :  b.il  w  :'.en  l:e  h.isoiV  >'vn  we  *:;.:::  eht.iin  a  b  isis  up\>n  which  to  proceed, 
to  :.-•:'•;•  :;-.;'% ■.=*»•/.:.  :u\  ::i  r.is  uv.ul  m.i:ir..7  a:iii  a  v rev c dent  to  guide  cur  j'jdgment  in 
i!vr.      .1^  ,4   \  .r..i:..'M    :-.:o    tic    >t.iltnu:;t.     tii:-..ro  i;;>t i:k-c>." 

"  \\  ■'.  ^.  is  r:\Lps  {-  '\\*:v.2.'  s.t\x  i.e."  11  l.::s  is  a  scrl  of  Unr^i^?  which  it  is  im- 
\  0; J  :•  .■  •.  >N-  v .  r-» :-  ^  . . .  \ . .  v  i> ;  a\  >u  ; :;  a  J  e-  p '  -  -  ■  i  -c  I  .>  .-cv  ol  :ev'  t  v  st  ta  u!  horror,  and 
>-H..*:\:  ."  :.  ,•  c  .rj.fs  ». :  i  i.-  're.,-..:-!  are  «:..:*»  >ec:n>  Wv^rthy  or"  t;:c  '-jviicul  minister? 
c:.. :;  .1.  \'  n-..»  :.:.L  :■■  ■  ..ji^^:  i;.i:u  v.\  :\\  <:  I. U" :;*.;>  i-r  Nero  I:  ar-i:f<,  1:  the  speaker 
I  :.i'.  ^  V  .■  ".  ".  ■•.  -.  ..*■...;  k'  \.-^  c\:r.i..:.;;-  u-.i-iiT-t^^.v!  r.is  c.*:i  n'ifdnir.c.  •  r  if  ihe  p^per 
rv\  :•.  •.  •  ,  :  c  1*..:  ^ .:  -1-  txiirv  ..r.  :  .*•  t<:  -e  :r.t''  :  .i- :.i:tr.rv.".y  r»:  pried  :♦,  the  mon 
ll-.e  I  c  ^:,  ^  \i:\  »:  .-.  .  .  .■  :'*v  x..:  .:>.:;■•.  !- ^:.!  ....  r ■::•::. vC  \:  r.uiv.xT.  rj:p:::es5  and 
;iK,i-^:  ■*.^-   ■■   ^.i*"-.  ^*     <^'i  -*..;■  :.    )^..      :  ...-.'^z  ..'V.     A.cr.'::*-   to   t:.:*   inethod   of 

.in  I-...*  .  ' '.  .  -f,  ^   ..    :  K-    : -..i     ;-:.::- a:*.  ".'.w«.  :  re.f.'tv.ts  c.i^<*>.  .i!>d  reports 

\v.\   ..  .'.    .        *  :.    ■■.•...".::".■  i.      A--;    «."".,;.■■    ' 

re,.  »;    t'     ..•/.a,.    ...\"  ,:.>•:*.   i:  .:  «...     ;   ..:^ _.>  .- 

*•:  *>  .    : '. '..      ^.■.  :-•-  .'-  ■•.  r".r«*r  N*iy  ..  ■ 

i:   >  .      .::...:■.■:  \c  .^  ..r  .  :^    \:  —  ,r:     .■     '  :  ..!  -V- . . 
aV  v—.-  :.  ;  i-".  ■."■:  •. :  iv  -  ^    '   ::..'■*-        >.:i  \  .:  ^» 

r.:v-    '     ■      V  ...  i.  ::^  ;  :ri:  »>:  .»i-^-^        ^z:    ;..  ■^-.  i*    ,- 

>^v;s  ^ :  •.:..!-  : ,  -^^.  kv*.  .-.i  •T-icci  r.*  *c^iA>    r.: :iz  ;.  ;.."  u>  uiVuXT .i  r.f^r  r.  .i  <:  chauiULK 
c.±NV'.-.:  >   AS  ir<,  4::i  pinraaffcrn.y  u  i**t»    Uw.  :t  he  act  brt?er  «>«fn;ciT  to 
but  «euch  lie  ali  t^  bmr  cxriSoKS  ci  ha  ?  th&t  U«  ia  tbe  two  Hcw«s  of  "" 
M«aMCiBittBi^coHtts%i«cr         -viKh    tfaMto  iiArii  to  be  awdc  cvt  of 

i 


•'\  .■■■ 

!  '.re    ; 
: ::  :.  f 

•in;; 

n^  a  lew 
z^.yrii  and 
sua  of  a 

...1 

•.:'  r-, 
:f  r.: 

:l  cf  the 
;:::^s:er*  •f 

r.  if  tber 

229] 


far  High  Treoioiu 


A.  D-  1794. 


[230 


of  our  sud  lord  the  king  assigned  by  letters 
patent  of  our  said  lord  tlie  king  under  his 
^cat  seal  of  Great  Britain  made  to  them  and 
others  and  any  three  or  more  of  them  (of 
whom  one  of  them  the  aforesaid  sir  James 
Eyre  air  Archibald  Macdonald  sir  Beaumont 
llotbam  sir  Francis  Buller  sir  Nash  Grose 


stnictions  of  old  statutes,  contraiy  to  all  law 
and  precedent,  and  contrary  to  the  security 
and  liberty  of  the  subject. 

In  Ireland,  some  time  ago,  it  was  thought 
proper  to  bring  forward  a  convention-bill, 
declarine  such  proceedings,  as  are  the  subjects 
of  the  "rorced  constructions  of  chief  baron 
£yre^  to  amount  to  high  treason.  When  the 
Habeu  Corpus  act  was  suspended  in  England^ 
we  were  given  to  understand  that  this  pro- 
ceeding was  thought  sufficient  for  the  present, 
and  that  a  convention-bill,  similar  to  the 
Irish,  and  other  severe  measures,  were  re- 
senrcndl  to  be  adopted,  as  the  case  might 
require.  This  fallacious  show  of  lenity,  now 
turns  out  to  be  the  most  unprincipled  tyranny. 
Mr.  Dundas  and  others  talked  in  the  last 
session  of  parliament,  of  bringing  home  the 
Scottish  pnnciples  of  jurisprudence,  if  need 
were,  to  England,  and  renaering  associations 
and  conventions  a  subject  of  transportation  to 
Botany  Bay.  Tliey  have  since  refined  upon 
their  plan,  and  carried  the  law  of  England, 
or  what  they  are  pleased  to  call  so,  into 
Scotland,  rendering  these  offences,  real  or 
imaginary,  a  subject  of  the  penalties  of  high 
treason.  Such  have  been  the  incroachmcnts 
upon  the  constitution,  by  men  who  have  the 
audacity  to  call  themselves  its  champions, 
that  a  man  who  should  have  pretended  to 
ibretel,  from  six  months  to  six  months,  the 
measures  they  would  think  proper  to  pursue, 
would  have  been  laughed  at  for  the  improba- 
bility and  utter  absurdity  of  his  talc.  Britons 
will  at  length  awake,  and  the  effects  of  reason 
and  conviction  upon  them,  will  not  be  less  j 
ibrmidable  or  Icas  unacceptable  to  their  op- 
pressors, than  the  effects  that  might  flow 
from  a  course  of  violence  ! 

I  have  hitherto  abstained  from  saying  any 
thing  respecting  the  personal  characters  of 
the  men  now  under   accusation.    If   their 
abilities  be  as  rare,  and  tlicir  merits  as  high  as 
their  warmest  admirers  can  conceive  them,  it  , 
would  »till  be  forei,:;n  to  the  question  I  propose 
to  consider.    If  they  be  men,  exceptionable 
in  their  character,  ambiguous  in  their  designs,  , 
and  mischievous  in  their  counsels,  that  also 
ought  to  be  put  out  of  the  consideration.    The  . 
£ugii>h  constitution  is  strong  cnousrh  to  dis-  \ 
arm  all  the  adversaries  of  the  public  peace,  ' 
without  its  being  necessary  for  that  purpose  < 
to  destroy  its  very  essence.    Twelve  men  are  i 
apparently  concerned,   but  the  liherlies  and  i 
happiness  of  all  are  ai  stake.     If  these  new  i 
treasons  }>e  established,  we  may  say,  as  the  ; 
pariiameut  of  llenrv  the  fourth  did,  speaking 
of  the  new-fangled  treasons  under  llichard 
thesecosid,  that  <' no  man  can  know  how  he 


and  sir  Soulden  Lawrence  our  said  lord  the 
king  willed  should  be  one)  to  inquire  by  the 
oatli  of  good  and  lawful  men  of  the  county  of 
Middlesex  of  all  high  treasons  in  compassing 
or  imagining  the  death  of  our  lord  the  king 
levying  war  aj'ainst  our  lord  the  king  in  his 
realm  or  in  adhering  to  the  enemies  of  our 

ought  to  behave  himself,  to  do,  speak,  or  say, 
for  doubt  of  the  pains  of  treason"  [Black- 
stone,  book  i  v,  chap.  6,  p.  86].  The  construc- 
tions of  chief  justice  Eyre,  and  the  special 
conimission,  put  a  perpetual  bar  to  all  asso- 
ciations, delegations,  ard  consultings  respect- 
ing any  species  of  grievance.  Will  any  man 
venture  to  say,  tliat  we  shall  never  stand  in 
need  of  these  expedients ;  or  shall  we  consent 
for  all  time  coming,  to  hold  every  possible 
reform  and  amendment  at  the  mere  will  of 
tlie  administration?  If  these  principles  be 
established,  utterly  subversive  as  they  are  of 
the  principles  of  the  English  government, 
who  will  say  that  we  shall  sUip  here  ?  Chief 
justice  Eyre  says  to  day,  *•  all  men  may,  nay, 
all  men  must,  if  they  possess  the  faculty  of 
thinking,  reason  upon  every  thin<r,  that 
sufliciently  interests  them  to  became  an 
object  of  their  attention;  and  among  the 
objects  of  attention  of  freemen,  the  principles 
of  government,  the  constitution  of  particular 
governments,  and,  above  all,  the  constitution 
of  the  government  under  which  they  live, 
will  naturally  engage  attention  and  provoke 
speculation/*  But  who  will  say  how  long 
this  liberty  will  be  tolerated,  if  tlic  principles, 
so  alarmingly  opened  in  the  charge  to  the 
grand  jury,  shall  once  l;e  e^^tahlislieil  ?  This 
IS  the  most  iinportmt  crisi'*  in  the  history  of 
English  liberty,  th.il  the  world  ever  saw.  If 
men  can  be  convicted  of  hi,;li  treason,  upon 
such  cuustmctions  and  inq>li<-.itions  as  are 
contained  in  this  charge,  we  may  loj;k  with 
conscious  superiority  upon  llie  republican 
speculations  of  trance,  but  we  shall  certainly 
have  re<ison  to  envy  the  milder  tyrannies  of 
Turkey  and  Ispahan. 

Trom  what  has  been  said  it  appears,  that 
the  whole  proceedini^s  intended  in  ttie  present 
case,  are  of  the  nature  of  an  vx  post  facto  law. 
This  is  completely  adinillul  bv  the  chief 
justice.  In  sinnmin^  up  the  (i.lfinijt  parts 
of  his  char^jo,  he  enunicratj>  tiuce  c.ises,  in 
the  first  of  which  he  directs  the  i:r.iiil  ,iny  to 
ttirow  outthe  bills,  and  m  that  ot  tiu*  Uvo  last 
to  find  theni  true  bills.  Oik;  k^(  tlu-^e  two 
relates  to  chief  justice  1-Are's  \\k  w  tn  .isun  of 
"  a  Conspiracy  to  subvert  the  in.Jiianhy," 
a  trcavm  wliicli,  he  says,  is  not  drclaiod  by 
th(*  statute  of  Kdward  o<l.  and  n«)  1  .nv^imt  in 
this  country  Da^ever  vcnUircd  to  (  uijl'':ni.l.itc. 
Tiie  other,  **  that  of  ovrrrvnu  p  niiiinoot," 
he  states  to  be  a  new  vuj'I  dwulili'iil  ( .i^e,  and 
reconnnends,  that  it  -imuhl  be  *'  put  into  a 
judicial  course  of  enquiry,  t...it  it  may  receive 
a  solemn  adjudicalioii  win  t  her  it  will  or  will 
not  amount  to  high  treason." 

Thus  it  is  ful^'  admitted^  respecting  the 


35  GEORGE  UL 

ud  lord  the  king  in  his  realm  giving  lo  iljem 
§wd  and  comfort  in  his  realm  orelaewhcrc  and 
lof  all  misprisions  otsij  lb  h  i^h  treasons  as  afore- 
laaid  or  of  anv  of  thtm  withm  the  county  afore- 
[said  (he  well  withm  liberties  as  without)  by 

irhorotjoc^vcr  and  in  what  manner  soe»er  done 
L committed  or  perpelrated  when  how  and  after 
I  lirhat  manner  and  of  all  other  articles  and  cir- 
tcumst3i)ces  concerning  the  premisses  and 
livery  or  any  of  them  in  any  manner  what- 
I  aocver  jmd  the  said  treason  and  misprisions  of 

treasons  uccordin^  to  the  laws  and  customs 
1  of  Ensbnd  for  this  time  to  hear  and  dctcr- 
|ininc  by  I  he  oath  of  Benjamin  Winthrop  es- 

? aire  John  llcnry  Schneider  esquire  Enward 
ronside  f squire  Benjamin  Kenton  esquire 
iKawson  Hart  Boddam  esnuire  John  Aris  cs- 
[fliure  VVilham  Pardoe  A  lie  It  esquire  John 
I  Jerry  e^^^uire  Henry  Peter  Khuff  esqnire 
[Thoma*  Winslow  esquire  Thomas  Cole  es^ 
l^uire  Samuel  Hawkins  esquire  George  Ward 
j  Cfiquire  Thomas  Boddam  esquire  Joseph  Lan- 
Icftster  Cf^quire  Kotiert  Wilkinson  esquire 
[Ceorgc  Oiiiway  Mills  esquire  Ucnry  Wright 
I  esquire  John  Hatchet  esq m re  Rowland  Sle- 

l  persons    now  under   accusation,   that    they 

'  could  find  no  reason,  eitlier  m  the  books  of 
©ur  law,  or  of  any  commentators  of  received 
authority,  to  suppose  that  they  were  incurring 

I  the  guiit  of  treason.  '*  The  mark  set  upon 
this  crime,  the  token  by  which  it  could  be 

(discovered,  lay  entirely  concealed:  and  no 
liuman  prudence^  no  human  innocence,  coutd 

\  save  Ihem  Trcm  the  destruction  with  which 

'  iliey  are  at  present  threatened"    [liuinc,  vol. 

I  vi^  ch.  liv,  p.  404]. 

It  is  pretty  geueraUy  admitted,  that  several 
of  these  persons,  at  least,  were  honest  and  ' 
•rcH-intentioned,    though     mistaken     men. 
Punishment  Ig  awarded  in  human  courts  of 
justice,  either  according  to  the  intention,  or 
the  mi*.chief  committed]    If  the  intention  be 
alone  to  be  considered,    then  the  men  of , 
%rhom  I  sytak,  however  unguarded  and  preju-  I 
dicial  tlicir  conduct  may  be  suppo<»ed  to  have  I 
been,  must  on  that  i^round  be  infallibly  ac- I 
quilted.    If,  on  the  other  hand,  the  mischief 
incurred  be  the  sole  measure  of  the  punish- 
ment, mt  are  bo»md  by  every  thing  that  is  ' 
0iicr«d  to  proceed  with  rehic lance  and  regret. 
l^et  it   be  supposed,    Uiat  there  are  cases, 
^herc    it   sliall    be  necessary,   tlvat  a  well 
desianinc  man  should  be  cut  off,  for  the  sake 
of  the  whole.    TIic  lea^t  consideration  that 
irccan  pay  in       ': '  r  '  -  -     is,  to 

warn  him'of  I  mi  lo 

H3ut  so  much  as  the  knowledge  of 


Trial  of  ITtomai  Hardi^ 


[232 


the  trials  to  which  this  charge 

T    kinnv  ttiat    tin:    \\ii\'i*-  vviH 


I 

b  I 

lidn> 

hup  utiv  ii-i  *i  is  * 

•»bv  e.    He  has  al: 

0tt  mi:ic  js  tta  Ufi  or  pn;cedaut  fuc  Uiur 


phcnson  esquire  and  John  Campbell  e^uirc 
gocxl  and  lawful  men  of  the  coimtf  aforeMiid 
now  here  sworn  and  charged  la  \nqinr«»  for 
our  said  lord  the  king  lor  the  body  of  the  said 
county,  touchins;  and  concernmg  the  pre- 
misses in  the  Kaidleltors  patent  mentiiiucu  It 
is  presented  in  manner  and  fotm  as  fulloweth 
(Ibni  is  to  say) 

Middic^e^  to  wit  the  jurors  for  our  sove- 
reign lord  the  kin?  upon  their  oath  present 
that  Ihomas  Hardy  late  of  Westminster  in 
the  coutity  of  Middlesex  shoemaker  John 
IIorneTuokc  late  ofWimbWon  in  the  county 
of  Surrey  clerk  John  Augustus  Bonnev  late  of 
the  parish  of  Saint  Giles  in  the  Fields  in  the 
county  of  Middlesex  aforesaid  ^ntleman 
Stewart  Kyd  late  of  London  esquire  Jeremiah 
Joyce  late  of  the  parish  of  Saint  Marj-le-bone 
otherwise  Marybone  in  the  county  of  Middle* 
sex  aforesaid  genrlcman  Thomas  Wardlc  late 
of  London  gentleman  Thomas  Holcroft  late  of 
the  parish  of  Saint  Mary-le-bone  otherwise 
MaryL>one  aforesaid  in  the  county  of  Middle- 
sex aforesaid  gentleman  John  Richter  late  of 
Westminster  ui  the  said  county  of  Middlesex 

condemnation.  If  therefore  he  address  them 
in  the  fmnk  language  of  s'mcerity,  he  must 
say :  "Six  months  ago  you  engaged  in  mea- 
sures, which  you  believed  conducive  to  the 
public  good.  "  You  examined  them  in  the 
sincerity  of  your  hearts,  and  you  admitted 
them  with  the  full  conviction  of  the  under- 
standing. You  adopted  them  from  this  ruhng 
motive,  the  love  of  your  country  and  man- 
kind.  You  had  no  warning  that  the  measures 
in  which  you  engaged  were  acts  of  high 
treason  :  no  law  told  you  so ;  no  precedent 
recorded  it ;  no  man  existing  upon  the  taco  of 
the  eaith  could  have  predicted  Mich  an  inters 
prelation.  You  went  to  y  ^  '  '  with  a 
perfect  and  full  conviction,  (  lat^lcd 

upon  the  principles  ol'immuluui.  jMr^Mtc,  and 
that  you  had  oftnnded  no  provision  or  statutft 
that  was  ever  deviled.  I  tin-  iinl.*p  sitting 
upon  the  bench,  you,  ^\itiry, 

ever>'inhabilAnW*)f  the  i  '  !trilain, 

hrul  jUst  as  much  reason  to  conceive  tiu'V  wore 
incurring  the  penalties  of  the  law,  as  the  pri* 
soners  at  \he  bar.  This  is  the  nature  of  the 
crime;  these  arc  the  circumstances  of  tlie 
case. 

*•  And  for  thts^  the  senteoce  of  the  court 
[but  not  of  tlie  law]  is,  Thai  you,  and  each  of 
you,  shall  bo  taken  from  the  bar,  and  ton* 

-■-■  ---ne, 
to 
hy 
'jti 
ru 
b© 
■ur 


veycd  to  thr 

und  from  the 

the  place  ot  t.v.ii.  ,..,    .,.,.. 

the  neck,  bvil  not  until  yui 

shall  be  taken  downilivr 

bers  shall  be  cut  i 

tnkrn  utit  nnd  hnr 

'Tcd  from 


tiU'fs,  whit  ii 
al;   and  the 

5ouu  r* 


I  then  be 
anr  to  be 
Lord  Imve 


at  I: 
lUCi' 


>iir 


J^r  High  Tnason* 


A.  D.  n^. 


[934 


Mittbew 
*  ta  tin?  rcwmtv 

I  lllfl  tout 


:te    of  Went. 

rsiiiuirsT.er  in 
lid  halter  and 

mx^w^t     lutr    HI     nil     j'.iiJ'^ii  ot    SuiDt    LCO- 

I SbMtditcb  in  til?  county  of  Middlesex 
[  lliliour^r  >uintr  <Mbj€rU  of  our  said 
tbe  king  t  \he  fear  of  God  in 

*licmrU  nor         ^      ^  ibc  duty  of  Iheir 
cc  bul  lift! tig  moved  and  seduced  hy 
^ligalton  of  the  devil  &i  false  traitors 
CKir  said  lord  the  king  tUeir  fcupreme 
lawful  and  undoubted  lord  and  wholly 
J  tlie  curdtal  love  and  true  and  dye 
whith  evf ry  tnie  and  htilhful  sub- 
TM     "  shovdd  and  of  right 

ibe^  id  lord  the  king  and 

janti  wiUKiiiinMr  strength  intending 
ly  lo  break   and  disturb  the  peace 
iMOItflon  Iranouillity  of  thi«»  kin^oni  of 
Bfh%in  and  to  Mtr  niuve  and  excite 
rebellion    'p  '    '^t  against  our 
mM  lord  Ihi;  king  wi;  i  ugdam  and  to 

AlwCft  am!  ?ihrr  the  '  ...  .  .lc  rule  and  go- 
1HMD>  tdy   ami  hti|»pily  established 

hAis  :  ^.  I  arid  to  depose  uur  ^aid  lortl 
tbl  Jbag  Jirvtn  the  royal  state  title  power  and 
gwnuiueni  of  this  kingdom  and  to  brtn^  and 

§ao  md  lard  the  kin^  to  death  on  the  first 
of  Hatch  in  the  thirty  third  year  of  the 
I  tS  oilr  Baverisien  lard  the  now  king 
CO  divert  other  daj*a  and  times  as  well 
'Ne  parish  of  Saint  Giles 
V  ul  Middlesex  aforesaid 
!HN»v  atiu  u.iiturously  with   force  and 
,A6  amongst  themselves  and  toother 
* -^  whose  names 


villi  4tf  eft  < 


DHUin  and  to 
tplaliironile  and  ^ 
fappUHp  estalilt'^l 

awr  iftfd  lor< 
wHttt  ar 

ai 


conspire  com- 
i>f^  move  and 
r  against 
ugdom  of 
ui  aitcr  the  le- 
K  now  duly  and 
•  this  ktngdinn  of 
^e  our  said  lord  the 
title  power  and  go- 
11  and  to  bring  and 
10  death    And  to 
o  eflfect  their  moat 
'  *    asonable  coro- 
said  they  the 
'^  ?oke  John 
I  ih  Joyce 
.     .  .^        *hn  Kicb- 
lohn  1  helvralt  Kichani 
Baxter  &«  such  false  tial- 
aa  afutr^aul  vtth  force  and  afm*i  on  the 
fe«t  dav  of  Mafch  in  the  thirty- third 
ija  BtMi  oo  dirtT%  other  days  and 
ta^weU  before  as  after  at  the  parish  of 
'**■      afefeaaid  io  the  county  of  Mid- 
malidmnly    and    traitor- 
eofiapaie  eooflult  and  agree 
m  and  iDgelher  witli  diven 
aie  toihe 


said  jurors  unknown  to  cause  and  proc tire 
convention  and  meeting  of  divers*  Mfh|f*rt'^  ^ 
our  said  lord  i^  tj  be  as9M 

held  within  till  n  with  hr. 

order  that  the  ptfM 
convention  and   x\\< 
wickedly  and  trailer  uu^ 
fiance  of  t  he  authority  a  i  { 

the  parliament  of  this  kiAi>....>...  ..-  .^...ujti 
alter  and  cause  to  be  subverted  and  alterc«i 
the  legislature  rule  and  government  now  duty 
and  happilr  established  m  this  kingdom  and 
depose  and  cause  to  be  deposed  our  said  lord  the 
king  from  the  royal  state  title  power  and  go- 
vernment thereof  And  further  to  fulfil  |jer<* 
feet  and  bring  to  effiect  their  most  evil  and 
wicked  trea.son  and  treasonable  com prt«s I ngf 
and  imaginations  aforesaid  and  io  i>rder  the 
more  readily  and  effectually  to  asaemble  such 
convention  and  meettug  as  aforct>nid  for  the 
traitorous  purposes  aforesaid  and  thereby  to 
accomplish  the  same  purposes  they  the  said 
Thomas  Hardy  John  Home  Tooke  John  Au- 
gustus Bonne V  Stewart  Kyd  Jerennah  Joyce 
Thomas  Wardle  Thoma^i  {ioltroft  John  Hith- 
ter  Matthew  Moore  John  Thelwall  Richard 
Hodgson  and  John  Hauler  a«  such  fdU(?tnut.om 
jisaJoresttid  logetber  with  divcrsothcr  fjlitirAu 
tors  whose  names  are  to  the  jurorsui  , . 

known  on  the  said  fir^t  diiy  of  Mu:  nj; 

thirty-third  year  a  I-  !  on  divers  other 

days  and  times  as  u  f  t^  after  with  force 

and  arms  at  the  parish  uJ  S:iint  Giles  afore* 
said  in  the  county  of  Middlesex  afofiei*a4tf 
maliciously  and  trailoroiisly  did  coui,  . 
and  write  and  did  then  and  there  matir; 
and  traitorously  cause  to  be  com  poser j  .md 
written  divers  hook§  pamphlets  leitets  in- 
structions resolutions  orders  declaiatinn!*  ad- 
dresses and  writiu|»3  and  did  then  and  there 
maliciously  and  traitoroubly  cause  to  be  ptih- 
hshed  divers  other  books  pamphlets  lettei^ 
instructions  resolutions  orders  declarations 
addreaaes  and  writini^s  the  said  books  pam- 
phlets letters  instriictioas  resolutions  orders 
declarations  addreitses  and  writings  so  rf« 
spectively  composed  written  pubhshed  and 
caused  to  t>e  comfiosed  written  and  published 
purporting  and  containing  therein  amone 
other  things  incitements  encouragements  and 
cxhortatioiis  to  in(»ve  induce  and  petaiiado 
the  subjects  of  our  said  lord  the  king  to  choose 
depute  and  send  and  cause  to  b*^  chosen  dc* 
puted  and  sent  peraons  as  delegates  to  com- 
pose and  eonsttlute  fuch  eoovehtion  and 
meeting  as  aforesaid  to  be  so  holdeti  as  afom- 
said  for  the  traitorous  purposes  iifnratakl  An$ 
farther  to  fulfil  perfect  and  liring  ta  tffeet 
their  most  erU  and  wieltad  Miicilt  aild  tft^ 
sonahle  corapaa«n»  wai  lifiagiwatioM  ifb^ 
said  and  in  order  the  tiH  t  affaiv 

tually  to  aasemhle  such  !  meai^ 

ing  as  aforeiaid  f'or  liie  uAiwrtm^  mtfumm 
af&«aid  and  tberal^  Id  wmmfflm  mm 
same  ptirpoM  thty  M  iild  TfmrimWm^ 
John  Horn  Tooka  hh 
StawmrtEy^JlililillilJiyw' 


TboniasHokroft  John  RichterMaUhew  Moore 
John  TbelwalJ  Kichard  Hodgson  and  John 
BciKtcr  as  such  false  traitors  as  aforesaid  on 
Oie  said  first  day  of  March  in  tiie  thirty-thnd 
year  aforesaid  and  on  divers  other  days  tmd 
times  as  well  before  as  after  with  foroe  and 
arms  at  ttie  parish  of  Sainl  Giles  aforesaid  in 
the  county  of  Middlesex  aforesaid  did  meet 
consult  and  dcbberate  among  themselves  and 
together  with  divers  other  fidse  traitors  whose 
names  are  to  the  j?aid  jnrors  unknown  of  and 
concerning  (be  calling  and  assembling  such 
convention  and  meeting  as  aforesaid  for 
tbo  traUurou^  purposes  aforcsiiid  aud  how 
when  and  where  such  convention  and 
meeting  should  be  asfemblcd  and  held  and  by 
what  means  the  subjects  of  our  ^-aid  lord  the 
king  should  and  mi^ht  be  induced  and  moved 
to  send  persons  as  delcjjales  to  compose  and 
constitute  (he  bame  And  further  to  fulhl  per* 
feet  and  bring  to  effect  their  must  evil  and 
wicked  treason  and  ti-edsoniiblc  compasssings 
and  imaginations  aforesaid  and  in  order  the 
wore  readily  and  eB'ectually  to  assemble  such 
convention  and  meeting  as  aforesaid  for  the 
traitorous  purposes  aforesaid  and  thereby  to 
accomplish  the  same  purp<ises  they  the  said 
Thomas  Hardy  John  Home  Tooke  John  An- 

fistus  Bonney  Steward  Kyd  Jeremiah  Joyce 
homas  Wardle  Thomas  llolcroft  John  Hich- 
ter  Matthew  Moore  John  Thelwall  Richard 
Hodgson  and  John  Bailer  as  such  false  traitors 
asaftrcsaui  together  with  divers  other  tahe 
traitors  whose  names  are  to  the  jurors 
aforesaid  unknown  on  the  said  first  any  ^i( 
March  in  ihc  thirty-third  year  aforesaid'und 
on  divers  other  days  and  times  as  well  before 
as  alter  with  force  and  arms  at  the  parifih  of 
8aiot  Giles  aforesaid  m  the  county  ot  Middle- 
sex aforesaid  maliciously  and  traitorously  did 
consent  and  agree  that  the  said  Jeremiah 
Joyce  John  Augu&tus  Bonney  John  Home 
Tooke  Thomas  Wardle  Matthew  Moore  John 
Thclwall  John  Baxter  Richard  Hodgson  one 
John  Lovett  one  William  Sharp  and  one  John 
Peariion  should  meet  confer  and  co-operate 
among  themselves  and  together  with  divers 
other Talse  Iraitois  who^c  names  arc  to  the 
said  jurors  unknown  for  and  towards  the  call- 
ing and  assc  tub  ling  such  convention  and 
meeting  as  aforc!!»aid  fur  the  traitorous  pur- 
poset  albresaid  and  further  to  fulfil  perfect 
and  bring  lo  effect  their  most  evil  and  wicked 
treason  and  treasonable  compassings  and  ima- 
ginations aforet<iid  they  the  said  rhomas 
Hardy  John  Home  Tooke  John  Augustus 
Bonney  Stewart  Kyd  Jeremial)  Joyce  Thomas 
Wardle  Thomas  liolcroft  John  Richter  Mat- 
tliew  Moore  Jolin  ThelwaU  Ricliard  Hodgson 
and  John  Baxter  as  such  talse  traitors  as 
aforesaid  together  with  divers  other  false  trai* 
tors  whose  names  arc  to  the  jurors  nfor**- 
said  unknown  on  the  fir>i 
the  thirty-third  year  atbn 
other  days  and  times  a$i  w^ 
with  force  and  arms  at  th*^ 
aforesaid  in  the  couuty  of  Hii^uic^cJi  mor^iaj^ 


Trial  of  Thomai  Hardif 

]  maliciotisly  and  traitorously  did  cause  and  pro* 
j  cure  to  be  made  and  provided  and  did  tnca 
I  anil  there  malieioubly  and  traitorously  consent 
and   agree   to  the  making  and  providing  of 
divers  urms  and  otlensive  weapons  to  wit  guns 
mubkets   pikes  and  axes  for  the  purpose  of 
armin!;  divers  subjects  of  our  said  lord  the  king 
in  order  and  to  the  intent  thai  the  -^umc  sub- 
jects should   and  might  unlawfully    forcibly 
ajid  traitorously  oppo!»e  and  withslaud  our  said 
I  lord  the  king  m  tl»c  due  and  lawful  exercise 
I  of  his  royal  power  and  aulhortiy  in  the  exccti- 
,  tion  of  the  laws  and  statutes  of  ihts  realm 
and  should  and  might  unhtwlully  forcibly  and 
traitorously  suhvert  anil  alter   and  aid   an<l 
a'^si^l  in  subverlinjsj  iiiid  altering  wuh.uii  and 
in  defiance  of  the  authority  an<l  against  tlic 
will  (if  the  parliament  of  thi§  kingdom  the 
legi-liiture  rule  and  government  now  duly  and 
happily  established  m  tltis  kingdom  and  de* 

f)osc  and  aid  and  assist  in  deposing  our  said 
ord  the  king  from  the  royal  stite  title  powe 

[  and  governinent  of  this  kingdom  and  furthe 

I  to  fulfil  |ui      '        1  bnug  to  fP     '  :' 

j  evil  and  v,  l^oii  au<l  d 

passings  a*^o  .....i-iuationsafo-.   .ui    ^ 
said    Thomas    Hardy  John    Home     Took^ 

\  John  Augustus  Bonney   Stcwttrl  Kyd   Jer 

I  miah  Joyce  Thomas  Wardle  Thomas  Hot 
croft  John  Richter  Matthew  Moore  John 
ThelwaU  Richard  Hodgson  and  Jolui  Baxte 
us    such     false     traitors    as   aforesaid    wit! 

I  force  and  armi  on  the  said  first  day  of 
March  in  the  thirty-third  year  aforenaid 
and  on  divers  other  days  and  times  aa  well  be- 
fore as  after  at  the  parish  of  Saint  Giles  afore* 
said  in  the  county  of  Middlesex  afut 
liciou^lyand  traitorously  did  meetcui: 
suit  and  kiLT  ■--  —  ■^^  themselves  aiu  \\\u\  tii. 
versothcr  rs  whose  names  are  lo  Ih 

said  jurors  ....^  wu. Tii  to  vaxsg  levy  and  mak^ 
in^:urrection  rebellion  and  war  within  thii 
kingdom  of  Great  Britain  against  our  mu 
loru  the  king  and  further  to  fulfil  perfect  an 

I  bring  to  efiect  their  most  evil  and  wicked  tre 
son  and  treai?on  able  com  passings  and  imagin 
ations  aforesaid  they  the  said  Thoma^s  Hurdjl 
John  Home  Tooke  John  Augustus  BonneJ 
Stewart  Kyd  Jeremiah  Joyce  Thomas  W  nrdk 
Thomas    llolcroft    John    Uichlcr  w 

Moore  John  Thclwall  Richard  Ho!  | 

John  Baxter  as  such  false  traitors  u  1  j 

on  the  said  first  day  of  March  in  li 
third  year  aforesaid  and  on  divers  uu^< 
and  times  as  well  before  as  alter  at  tlie  parisiij 


of  Saint  Gile*t  -i-rp^iia 
Middlesex  afoi' 
]iciously  and  i 
consult  and  ul 
together  with  d  i 
names  are  to  the  &aid 
MwfttlW    wickrdlv  vimX 


rounty 
irmtt  ma 


luwU    UU 
I,     to   %\\h 


i>aiu   ioiu    uic  *tiji^  iiuiu  uii:  juvii>ia.ic  tiuc 


Ji^  High  Treason* 

Wd  mVemment  of  this  kingdom  and 
f  to  fiiTnl  prftVct  Mil}  bring  lo  crtcct  ihcrr 
ison  and  Ucasoniiblc 
ton*!  aforesaid  and  in 
dually  la  Lrinnj 
uanddeposilioii 
LiiL-  b.tiil  1  hntnas  Hardy 
John  Augusitis  Bonney 
1  juiah  Joyce  '1  liomas  Waidlc 
\>ft    Jtjliri '  Uicihler    MaUhew 
•lill   liicliard  llo<lgson  and 
1  li   false  traitors  as  aforC' 
....  divers  other  false  tmitors 
rr.  to  the  Jurors  ^loresaid  un* 
aid  first  day  of  March  in  the 
!  ir  dforesjiid  Jind  on  divers  other 

^  t'^  well  before  a^  after  al  the 

[  libresaid  in  the  county  of 

I  wiih  force  and  »rni»  naa- 
'ijyly  did  prepare  and  com- 
Tid  there  nialiciousiy  and 
III  proiure  lo  be  prepared 
-  books  pamphlets  letters 
i>    resohitiona  orders 
ml  did  then  and  there 
i-tly  publish  and  dis- 
Ikere  maliciously  and 
..  ,-ucure  lo  be  published 
•Sit!  ^  other  bookfi  pamphlets 

letti  iiHtruf lions  resolutions 

Otdt'  I  he  said  several 

^IM>♦^  iralions  instruc- 

tion n*  orders adtlresscs  and  writing!* 

90TV  prepared  composed  published 

duper^U  iiij,j  ruu!%ed  to  be  prepared  com- 
puwd  iMibli>!.hed  atul  dispersed  as  last 
^orewa  ptirpnriing  and  containing  therein 
(jiinotig^Suthrr  thini;«i)  incitements  cncouragc- 
ito  w-^'  nous  to  move  induce   and 

le  I H  of  our  said  lord  the  king 

«id  at  ■  r  into  cft'cct  such 

u  and  deposition 
oU'--  -.w  ..*-w  ,...._uiitaining  therein 
Other  Ihing'^  mt'ormatiou  instructions 
Trrrlion^   lo  the   Md>jects   of  our  said 
Uow  when  and  upon  what  occa- 
loroui  purpones  la<»l  aforesaid 
"  carried  into  effect  and  fur- 
:md  bring  to  etfect  their 
ison  and  treasonable 
itions  aforesaid  they 
John  Home  Tookc 
Stewart  Kyd  Jere- 
muJi  iL ;  I  die  Thomas  Holcrofi 

t J^llfl  flJ  \ I oore  John  Thel ual I 

lirtr--^  iohn   Baxter  as  such 

l£tiks  [  together  with  divers 

fotbti  .-.  ^' nncs  are  to  the 

llli  :  lie  satd  first  day 

refllicrth  I   year  aforesaid 

■nd  mi  drrers  othi  J  times  a*3  well 

befons  fts  odW  at  t ;  i  >  of  Saint  Giles 

WihnaM  in  ihc  county  of  Middlesex  afore - 
nid  inth  forrr*  and  arms  maliciously  and 
Umilorot!'  iiorure   and    f>Tovide    and 

M  cheu  '  maliciously  and  tr&itor- 

PMljr   cmiuc   a£id    procure   lo   be   provided 


A.  D.  1794. 


[238 


:  and  did  then  and  there  maliciously  and  trai- 
I  torously  consent  and  agree  to  the  procuring 
'  and  providing  arms  and  offensive  weapons  (lo 
wit)  guns  muskets  pikes  and  axes  therewith 
to  levy  and  wage  war  insurrection  and  rebel- 
lion against  our  said  lord  the  king  within  Ibis 
kingdom  against  the  duty  of  the  allegiance  of 
thcra   the  said  Thomas   Hardy  John  Home 
Tooke  John   Augustus  Bonney  Stewart  Kyif 
Jeremiah    Joyce    Thomas   Wardle    Thomas 
llotcrutl  John  Uichter  Matthew  Moore  John 
I  Thel  wall  Richard  Hodgson  and  John  Baiter 
against  the  peace  of  our  said  lord  the  now 
knig  his  crown  and  dignity  ajid  against  the 
form  of  the  statute  in  thai  case  maide  and 
j  provided. 

I  Mr.  AttorT>ey  General  stated  to  the  Cotiit, 
j  that  he  had  been  intbrmed  by  the  counsel  for 
the  pri^ners,  it  was  their  intention  the  pri- 
I  soners  should  be  tried  separately.  It  was 
;  therefore  his  intention  to  proceed  first  on  the 

trial  of  Thomas  Hardy. 
'      At  tlie  request  of\lie  prisoners'  counsel^ 
the  Court  adjourned  to  Tuesday,  October  tho 
SBth, 


Sessions  Haute  in  ihc  Old  Bailey ,  Tuesdatf^  Oc* 

Present, — I^rd  chief  justice  Eyre;  loni 
chief  baron  Macdouald;  Mr,  baron  Hotham; 
Mr.  justice  BuUer;  Mr.  justice  Grose;  aiui 
olherJi  his  majesly's  justices,  &c. 

Coumrt  for  the  Crown, — Mr.  Attorney  Ge- 
neral [Sir  John  Scott,  afterwards  lord  EldonJ, 
—Mr.  Solicitor  General  [Sir  John  Milford, 
afterwards  lord  Redesdale],— Mr.  Serjeant 
Adair, — Mr.  Tiearrrofl, — IVlr.  Bower,^Mr, 
Law  [afterwards  lord  RllenboroughJ,— Mn 
Garrow,  [alterwards  a  baron  of  the  court  of 
Exchequer],— Mr.  Wood  [afterwards  a  baron 
of  the  court  of  Exchequer.] 

Solicitor, — Joseph  White,  esq.  solicitor  for 
the  afl'airs  of  his  majesty's  treasury. 

Counsel farthe  Prisoner. — The  hon,  Thomas 
Erskine,  [afterwards  lord  Erskine],  — Mr. 
Giblis  [afterwards  lord  chief  justice  of  the 
court  of  Common  Pleas], 

Amitant  Counhcl.  —  Mr,  Dampier,  [after- 
wards a  judge  of  the  court  of  King's. bench]. 
— Mr.  Felix  \'aughan.— Mr.  Gurncy. 

Sidicitors. — Mc^sr*.  George  and  HonMiil6 
William  Clarkson,  of  Essex  street. 

The  cfjurt  being  opened  and  Thomas  Hardy 
set  to  the  bar^  the  juR>rs  returned  by  the  sh^ 
rift  were  called  over. 

Major  Rhode,  esq.  cb^dlenged  by  the  prxsoner. 
Thomas  Martin,  oilman,  not  a  freeholder  of 

the  county  of  Middlesex. 
George  Jeffer^s,  jeweller,  not  a  freeholder. 
Hu^h  French,  esq,  challenged  by  the  prisoner. 
Robert  Mellish,  ship-builder,  challenged  by 

the  prisoner. 
William  Ilarwood|  esq.  challenged  by   U|j» 

crown.  "' 


2m 


S5  GEORGE  HI. 


Trial  qf  Tkomas  Hardy 


[SCO 


|i4iie0  BagiLrtbj  e«q.  challenged  by  Ibe  pri- 

gbert  Lewig,  esq.  excused  on  account  of  UU 
ness. 

[John  Wiilker,  esq,  not  a  freeholder. 
Ipeorgc  Wade,  hU>Gk<brokeT,   challenged  by 

the  crown, 
f  Thomas  Buck,  esq.  sworn* 
|-i'bofuas  Ayliffe,  esq,  challenged  by  the  pri- 
I     aoatr. 

|yiu»nias  Wood,  esq.  &woro. 
Hiack  Hudson^  esq.  challeiu;ed  by  the  prisoner. 
floho  MandeUy  gent  chafiengcd  by  the  pri- 
soner. 

Henry  Bullock,   brewer,  challenged  by  the 
i      crown, 

L John  i*owsey,  carpenter  and  surveyor,  chal- 
I     i^ged  by  the  prisoner. 
I  CforgeCapes,  esq>  challenged  by  the  prisoner. 
[T'honias  Rhodes,  cow^keeper,  challenged  by 

Uie  prisoner. 
\  Edward  Hehne,  esq.  challenged  by  the  pri- 
soner, 

[  leficry  Holmes,  esq.  challenged  by  the  crown. 
William  Fmser,  esq,  sworn, 
r  Jkpslcy  Pellat,  ironmonger,  not  a  freeholder, 
j  Hugh  Reynolds,  esq.  challenged  by  the  pri- 
i     toner* 
[Thomas  Harrison,  cow-keeper,  challenged  by 

the  prisoner. 
I  |>anitsl  Cosset,  esq.  not  a  freeholder. 
Uichard  Meaux,  esq,  not  a  freehoMer. 
Dicker  Saunders^  e&q.  one  of  the  people  called 
quakers, 
r  (i^ailvert  Clapham,  gent  not  a  freeholder* 
I  Jolm  Leader,  gent  challenged  by  the  prisoner. 
.  John  Guci»l,esq,  excused  on  account  of  illness. 
I  Charles  Fuurdrjnier,  stationer,  not  a  freeholder. 
>  Adam  StcinmeU,  biscuit-baker. 

Mr,  Aittirney  GeneraL — Are  you  a  natiural 
Jwrn  subject  ? 

Mr,  SUinmetz, — Ycs, — Sworn. 
Alexander  Baxter,  esq.  not  a  freeholder, 
JSLichard  Child,  distiller,  not  a  freeholder. 
Jeremiah  Blakeniau,  timber  merchant,  chal- 
lenged by  the  pri*yoner, 
Robert  Kilby  Cox,  esq,    challenged  by  the 

prisoner. 

'  Richar<i  Hunt,  esq.  not  a  freeholder. 
I  James  Payne,  esq.  challenged  by  the  crown. 
I  fkJewell  Connop,  distiller,  sworn, 
;  Jului  Mercer,  mealman,  sworn. 
^  JuKd  Kixon,  cooper,  challenged  by  the  crown. 
)  Thomas  Saycr,  esq.  sworn. 
Ifichaid  Carter,  esq.  sworn. 
^  '    ird  Ualc,  gent,  challenged   by  Uie  pri- 
Itinner. 

rgc  Fillingham,  esq.  cluillcnged  by  the 
prisoner. 

Samuel  Rudge,  esq,  not  a  freeholder, 
VyiUiam  Perry,  esq.  dbalknged  by  Uic  pri- 
soner. 
^.lUJjard  Goughi  uq.  cbftll^ged  by  U)«  pri- 
soner, 
^  Josltiiifc  Brookc6|  dealer  b  btrd#»  mil  ^  &ec« 

ho)der, 
Tbomat  Ijmttmc,  esq.  not »  ffochoUkr. 


Thomas  Skipp  Dyott  BuckneJl,  a«q.  challenge 

cd  by  the  prisouer. 

John  Blfickburn,  esq.  challenged  by  the  pri- 
soner. 

Samuel  Mills,  weaver* 
Mr.  AJiiU  -My  father  left  in  hts  witl  all 

his  estate   to   my  brother  and  me,  and  ap. 

pointed  trustee«»,  tiiid  we  are  not  by  I  he  wilij 

to  be  of  a^e  till  we  are  thirty-Ave, 

Joseph  Bird,  et^q.  not  a  freeholder  of  Middle- 

SCJ£, 

Thomas  Powell,  esq,  challenged  by  the  prW 

soner. 
William  Eraerson,  esq.  not  a  freeholder. 
James  Cook,  esq.  nut  a  freeholder. 
Nathan iel  Slonard,  brewer,  sworn. 
Joseph  Maw  ley,  gent  not  a  freeholder. 
Thomas  Allen,  brewer,  challenged  by  the  pn* 

soner, 
John  Baker,  esq.  challenged  by  the  prisoner. 
Wiiham  How,  esq.  not  a  freeholder. 
James  Smith,  ei»q.  (challenged  by  the  prisoner* 
Bryiin  MarUiali,  gent.  cliaJienged  by  tlie  pri- 
soner. 
Joseph  Nicoll,  gentleman  farmer,  6woni. 
Thomas  Bird,  dibtdler,  not  a  tree  holder. 
Robert  Vincent,  e»q.  not  a  freeholder. 
David  iCoberlb,  esq.  chalkoged  by    llie  prW 

soner. 
George  Brooks,  esq,  not  a  frexhiiWi^r 
William  Arnold^  cmj.  not  a  i 
Thomas  Nijuin,  esq.  not  a  it^ 
Thomas  bniith,  ctq.  clmlJeog^   by  iIm  firt- 

soner, 
John  Citarrington,  c^q.  swum, 
George  Hi)^by,  ti^q*  not  a  freeholder. 
Thomas  Atleui  oftq.  challcngod   by  the  pti* 

soner. 
Anflrew  Durt,  esq.  challenged  by  the  rrown. 
Charles  Smith,  distiller,    challenged  by  the 

prisoner, 
Archibald  Paicton,  wine  merchant,  challenged 

by  the  prisoner. 
Italph  Keddy,  e&q.  not  a  freeholder. 
John  liarsley,  esq.  not  a  freeholder, 
Wtlliam  NicoU,  larmer,  challe^igied   by  the 

prisoner. 
Kdwurd  Franklin,  farmer  excuied  OJI  acco 

ol  iltnr-ss. 
Mv  ley,  coal  mercbaotjchatteogjedllif 

1,  ■.-cr, 

John  Ihompson,  brewer,  chaUenge4  by  the 

prisoner. 
Joseph  Ainsliffi  €sq.  ivorn. 


Thomas  Buck, 
Thomas  Wood, 
William  Fraser, 
Adam  Slcinmelz, 
N-  lop, 

Jo  I 

Tl' 

m 

iiAui  Uoiiii;  IumIu^,  4^r 


Thomas  Sayer, 
Rjchard  Cdrter^ 
Nullmuiel  btou.uJ, 
Joseph  N  trhol, 


Johv 
Jo-< 


<ie«rfaigDfl)« 

th 

-[LUfc  Uai,  Cluk  of 


2U] 


Jbr^High  Treason* 


A.  D.  1794. 


[343 


Arraigns  read  the  Indictment]. — Upon  this 
indictment  he  hath  been  arraigned,  and  upon 
his  arraignment  hath  pleaded  not  guilty,  and 
for  his  trial  hath  put  himself  upon  Cod  and 
the  country,  whicn  country  you  are.  Your 
cbar^  is,  to  inquire  whether  he  be  jguilly  of 
the  Sgh  treason  whereof  he  stands  indicted, 
or  not  guilty.  If  you  find  him  guilty,  you 
sre  to  inquire  what  goods  or  chattels,  lands 
or  tenements,  he  had    at  the  time  of  the 

»{h  treason  committed,  or  at  any  time  since. 
you  find  him  not  g^iilty,  you  are  to  inquire 
whether  he  fled  for  it ,  if  you  find  that  he 
did  fly  for  it,  you  shall  inquire  of  his  goods 
and  cliattels  as  if  you  had  found  him  guilty. 
If  you  find  him  not  guilty,  and  that  he  did  not 
fly  for  it,  say  so,  and  no  more,  and  hear  your 
evidence. 

The  Indictment  was  opened  by  Mr.  Wood. 

Mr.  AUorney-Oeneral  (sir  John  Scott). — 
May  it  please  your  Lordship  and  Gentlemen  of 
tbeJuiy;— In  the  course  of  stating  what  J 
have  to  oflfer  to  your  most  serious  attention 
ID  this  great  and  weighty  cause,  aflectui^,  as  ; 
it  certainly  does,  the  nearest  interests  o\  the  i 
community,  aftecting,  as  you  will  remember  j 
throughout  this  business,  every  interest  which  i 
can  be  valuable  to  tlie  prisoner  at  the  bar,  I  ' 
shall  have  frequent  occasion  to  call  that  anxi- 
ous attention  to  the  different  parts  of  the  in- 
dictment which  has  just  been  opened  to  you. 
I  forbear  to  do  so  at  this  moment,  because  I 
think  that  attention  will  be  more  usefully, 
both  with  respect  to  the  public,  and  to  the 
prisoner,  given  and  required  in  another  part 
of  what  I  am  to  address  to  you. 

Gentlemen,  the  prisoner,  who  is  before  you, 
stands  charged  (to  state  the  indictment  gene- 
ndly)  with  the  offence  of  compassing  his  ma- 
jesty's death ;  he  was  committed  upon  that 
charge  by  his  majesty's  privy  council :  I  will 
eiplain  to  you  presently  why  I  state  this  and 
the  follow iog  facts.  In  consequence  of  the 
apprehension  of  this  prisoner,  of  several 
others  charged  by  this  indictment,  and  of 
others  whose  names  do  not  occur  in  this  in- 
dictment, proceedings  of  some  notoriety  were 
had  in  parliament,  and  an  act  passed,  em- 
powering his  majesty  to  detain  such  persons 
as  he  suspected  were  conspiring  against  his 
government.  That  act  has  asserted,  that  a 
traitorous  and  detestable  conspiracy  had  been 
formed  for  subverting  the  existing  laws  and 
^vcmmcnt  of  the  country,  and  for  introduc- 
ing that  system  of  anarcby  and  confusi9n, 
which  had  ^o  fatally  prevailed  hi  France ;  the 
act,  upon  the  spur  of  the  emergency,  which  it 
con  tern  plated,  authorized  the  detention  with- 
out bail,  mainprizc,  or  discharge,  of  the  pcr- 
Kns  then  in  pri^ion  for  high  treason,  or  trea- 
K/Oable  practices,  or  who  should  afterwards 
te  committed,  for  high  treason  or  treasonable 
prac tires,  by  warrants  from  the  privy  council 
or  seaetary  of  state,  until  the  first  of  Febru- 
iry,  17»5. 

GentleiHen«  this  measure,  which  did  not 
suspend  the  opecaiiuii  of  the  Habeas  Corpus 

VOL.  XXIV. 


act,  that  great  palladium  of  English  liberty, 
but  with  reference  to  particular  persons,  un- 
der particular  commitments,  for  particular 
offences,  is  a  measure  never  adopter]  in  this 
country  by  parliament  but  in  cases,  in  which  it 
is  understood,  after  giving  all  possible  atten- 
tion to  secure  the  right  of  the  subject  from 
being  broken  in  upon,  to  be  of  the  last  possi- 
ble necessity,  and  which  has  b^en  repeatedly 
put  in  force,  in  the  best  of  times,  in  such 
cases,  where  the  wisdom  of  parliament  appre- 
hended that  it  was  matter  of  their  dutv  to 
provide  that  the  nation  should  part  with  its 
liberty  for  a  while,  that  it  might  not  lose  it 
for  ever. 

Gentlemen,  appearing  before  you  this  ,day 
in  discharge  of  that  duty,  which  I  have  been 
commanded  to  execute  and  the  execution  of 
which  appears  to  me  to  be  absolutely  ne- 
cessary, you  will  collect  from  the  fact  that 
I  do  appear  here  this  day,  that,  according 
to  the  true  constitutional  meaning  of  such 
an  act  of  parliament,  it  is  not  that  the  trial 
of  such  persons  shall  be  delayed  during  the 
period  of  the  suspension  of  the  act,  but 
that  the  act  shall,  with  reference  to  the  time 
of  trial,  be  allowed,  in  the  ripbt  execution 
of  it,  an  operation  only  to  that  extent  in 
which  the  uue  consideration  of  the  public 
safety,  tempered  with  a  due  attention  to  the 
liberty  of  the  individual  subject,  may  require. 

Gentlemen,  the  proceedings  of  tfiie  Icgisla- 
lature  having  been  such  as  I  have  stated  to 
you,  his  majesty,  constitutionally  advised  in 
the  exercise  of  his  duty,  as  the  great  conser- 
vator of  the  public  peace,  directed  a  commis- 
sion to  issue  to  inquire  whether  any  such  trea- 
sons, as  the  presumption  of  such  a  traitorous 
conspiracy  must  necessarily  suppose  to  have 
existed,  had  been  committed  by  any  persons, 
and  by  whom.  In  the  execution  of  the  duties 
of  that  commis*^ion,  a  grand  jury  of  this  coun- 
ty, upon  their  oaths,  have  declared  that  there 
is  ground  of  charge  against  the  person  at  Uie 
bar,  and  against  others,  sufficient  to  call  uoon 
them,  in  a  trial  to  be  had  before  you,  their 
country,  to  answer  to  an  accusation  of  high 
treason,  in  compassing  his  majesty's  death. 

Gentlemen,  I  have  stoted  these  circum- 
stances, that  I  may  convey  to  you,  in  as 
strong  terms  as  I  can  express  it,  this  observa- 
tion, that,  as  the  proccedinirs  of  parliament 
ought  to  have  had  (and  I  am  persu  idcd,  from 
the  dclibrration  which  they  gave  the  suljject, 
that  tlipy  had)  no  inthienco  upon  the  judicial 
mind  of  the  grand  inquest,  neither  ought  these 
procecdin«;s  to  affect  your  incuiiriO!*,  or  to  in- 
duce you  to  Jinv  dotcnninatioii,  which  you  are 
to  make  upon  the  issue,  which  you  are  now 
sworn  to  trv. 

Gentlemen,  there  is  no  one  cirrumstince  of 
any  procccdiuirs  before  parliameut,  with  re- 
ference to  which  YOU  ought  to  suffer  your- 
selves to  be  influenced  in  the  trial  of  this  is- 
sue. It  is  obvious  that  such  proceedings,  us 
were  had  in  parliament,  providing  for  «;rcat 
emergencies,   may  be  required  and  aulho- 

R 


8I5J 


35  GEORGE  IIL 


Trial  of  Thomas  Hardy 


t^i4 


f  izedl  by  the  genuine  spirit  of  the  constitu- 
I  tion,  even  in  cases  in  which  a  grand  jury  might 
not,  upon  any  thing  that  could  be  offere<rto 
ihcir  consideration,  be  justified  in  finding  a 
I  bill :  it  is  muc:h  more  obvious,  that,  in  a  pro- 
ceeding before  you,  a  consideration  of  the  wis- 
dom and  propriety  of  the  acts  of  the  legisla- 
ture is  not  called  for* 

You  therefore,  gentlemen  of  the  jury,  will 
conjider  the  prisoner  as  standing  before  you 
rln  f\i\\  possession  of  an  absolute  ri^ht  to  the 
|*presumption  of  innocence,  notwithstanding 
l^e  is  charged  with  guilt  by  this  indictment, 
f  us  you  will  near,  except  9o  far  as  that  presump- 
[  tjon  is  met  by  the  single  simple  fact,  that  he  has 
rl>cen  accused  by  a  grand  jury  of  his  country. 
Gentlemen,  before  I  conclude  these  general 
^observations,  you  will  permit  me  to  say»  on 
I  the  other  hand,  that,  if  there  has  been' any 
p  thing  that  has  fallen  under  your  observation, 
by  act  or  publication— any  attempt  to  make 
_  impression  upon  the  minds  of  those  who 
ure  this  day  impanelled  to  try  this  great  cause, 
disparage  inat  advice,  which,  under  the 
Inmost  responsible  sanction,  may  be  ^iven  you 
rin  matter  of  law,  to  work  in  your  mmds  any 
['prejudice  either  against  the  prisoner,  or  on 
l^the  prisoner's  behalf;  on  the  one  hand  I  am 
"cctly  sure  that  your  integrity  will  be  secu* 
tity  to  the  public,  that  vou  will  not  permit 
lany  ultcmpt  of  that  kind  to  have  any  opera- 
lion  ;  on  the  other  hand,  gentlemen  of  ihe  jury, 
Jl  ajn  equally  sure  that  I  need  not  ask  from  an 
f English  jury,  that  thcv  would  permit  no  such 
rtttempl  to  prejudice  lliem  against  the  prison- 
|€r  at  tne  bar, — no,  not  even  an  injudicious  or 
Pill  executed  attempt,  to  influence  them  in  his 
^favour* 

Gentlemen,  in  order  to  understand  the  law 
Jl>f  treason,  and  the  indictment,  I  shall  take 
Pthc  liberty  first  to  slate  to  you  the  character 
'lyhich  I  apprehend  the  king,  for  the  protec- 
[Jtion  of  whose  person  and  government  the 
^itatute  in  question  was  made,  has  in  the 
Instate  and  constitution  of  this  country. 
r  Gentlemen,  the  power  of  the  "state,  by 
I  vhich  1  mean  the  power  of  making  laws,  and 
^forcing  the  execution  of  them  when  made, 
13  veslea  in  the  king ;  enacting  laws,  in  the 
f  one  case,  that  is,  in  lus  legislative  character,  by 
rkad  with  the  advice  and  consent  of  the  Lords 
[ipiritual  and  temporal^  and  of  the  Commons 
fin  parlramerit  assembled,  assembled  according 
Wm  law  and  constitni»onal  cu*>tum  of  Eng- 
ad ;  in  the  other  ca«e,  executing  the  laws, 
If  hen  made,  in  subservience  to  the  laws  m 
Itnude,  and  with  the  advice,  which  the  law  and 
the  consttlulign  hivp  a*> signed  to  h-r*;  i"  "' 
"^nost  every  in>tancc  in  which  they  h 

rUOuii  hum  tuAii   r.ir  liu    l»4-fu  fit  fit   '  I 

S.' 
ffiOuvetic5  tcf*  the  yi  i  ex-  i 

ilcnceoh'      ■     '  ,;i^  ronveniii_  •  'lom,  | 

ccording  to  ilio  Uw  and  ctiston*  al 
y,  he  is  bound  to  convene.    Tin 

it,  aUJDg  m  liii  royal  pohtical  t 


capacity,  and  the  I^rds  and  Commons  thcrt 
assembled,  form  the  great  body  politic  of  the 
kingdom,  by  wliich  is  exercised  sovereign  au- 
thority in  legislation.  Gentlemen,  whUstlhe 
present  law,  the  present  constitution,  andpre* 
sent  government  of  Great  Britain,  exist,  no 
law  can  be  made  but  by  that  authority  ;  no 
legislative  power  can  he  created  against  the 
wul,  and  in  defiance  of  that  authority.  Whe- 
ther in  any,  or  in  what  circumstances,  an  at* 
tempt  to  create  such  a  power  is  a  treason  for- 
bidden by  the  statute  of  the  Si 5th  of  Edward 
3rd,  I  propose  to  examine  presently. 

Gentlemen,  as  in  the  king  the  power  of 
legislation  is  vested,  as  well  as  the  executive 
power  of  the  state,  to  be  exercised  with  con- 
sent and  advice,  to  be  exercised  according  to 
those  laws,  which  arc  the  birthright  and  in^ 
heritance  of  the  subject,  having  upon  hioi 
the  care  and  protection  of  the  community ; 
to  him,  in  return,  the  allegiance  of  every  m* 
dividual  is,  according  to  the  law  of  England, 
due  ;  that  allegiance,  by  which  the  subject  is 
bound,  in  the  language  of  the  statutes  of  this 
country,  to  defend  him  **  against  all  trakiorous 
conspiracies  and  attempts  whatsoever,  which 
shall  be  made  against  his  person,  his  crowD^ 
or  his  dignity." 

Gentlemen,  to  ascertain  to  whom  this  care 
and  protection  is  committed — to  ascertain  ttt 
whom  this  allegiance  is  due,  the  breach  of 
which,  according  to  the  venerihWi  Inrd  Hale, 
constittites  high  treason,  is  to  tlie 

peace  of  the  community— to  i  and  to 

define  accurately  what  constitutes  a  breach 
of  that  allegiance,  is  essentially  and  abaoUitely 
necessary  to  the  security  of  ail  that  our  an- 
cestors have  claimed,  demanded,  and  insisted 
upon,  as  the  ancient,  undoubted  rights  and 
lioerties  of  our  country. 

Gentlemen,  the  former  of  these  objects  is 
secured  by  the  law  and  constitutional  custont 
of  England  ;  that  law  which  alike  secures  to 
you  every  right,  whether  it  be  a  right  of  pep- 
son  or  of  property.  It  has  made  the  crowrr, 
which  his  majesty  wears,  hereditary  (ami  I 
beg  your  atleaiion  to  that),  subject  to  lirai- 
tation  by  parliament  The  latter  object  has 
been  most  anxiously  secured  by  the  stati 
referred  to  in  the  indictment,  which  brii 
forward  the  charge,  the  truth  of  whirh  yi 
arc  now  to  try. 

Gentlemen,  the  kin*  having  this  hef^^dilafy 


M 


crown,  i1 

certain' 

inrimibent  ujmn  nun  lo  r^vi 

fit  of  the  subject,  in  the  f  > 

''"t ^'-'  » •'  •  '»- 1  fiim  w.LM.i 

irh   duties 


thc\ 


that 
dolv    '-■! 

high  tt 


bre^cii  < 
to  it;   ht 


IS 

h 

':-« 
'At 
«0 

l-f 
rs 


thm  MA  hi&  duue^  la  that  oalb|  to  whu:li| 


S45J  J&r  High  Treason. 

Uiroiighout  tlai5  biismcs3»  I  must  agaio  call 
your  uttctitiofi,  ill  tlmt  oath  which  he  is  bound 
I  in  him,  at  his  coronation,  by  which 

J-  -^  and  swears  **  to  govern  the.  peo- 

ple ui  Uu:i  country/'  mark  the  words,  ^nlle- 
mtlkf  "  according  to  the  statutes  in  parliament 
4igtt€d  uucn^  and  the  lows  and  customs  of  the 
mme ;  that  lo  his  power  he  will  cause  law  in 
justice  and  mercy  to  be  administered ;  that 
hm  will  roaintain  the  laws  of  God  and  the 
tf^^.v  r.,-,  ,t.i.<,ion  of  religion  estiiblished  by  law.** 
jcn^  this  oath,  stated  b^  that  great 
£__  ^Liihlc  coustitutiocril  judge,  Mr. 
juiticc  Foster,  to  be  a  solemn  and  a  public 
raeoguitioD,  not  only  of  the  duties  of  the 
Idogf  but  of  tlie  fundamental  rights  of  the 
peoptCp  iioposeth  upon  hiro  (and  throughout 
iltb  oue  H  cannot  be  too  slrtmgly  recollected 
iJtel  tl  iiDposcth  upon  him)  the  mo^t  sacred 
iMgiitJOD  to  ^m'crn  according  to  the  lavvs 
—-'  statutes  in  parliament  agreed  u  pon,  ac- 
*  J  to  lh«  laws  and  customs  of  the  ioot^, 
ad  no  otiicr. 

<leiitlemen,  addressing  this  Court,  which 
ti  a  oourt  vf  law,  iu  whicli  you,  the  jury,  are 
mcil  to  make  a  true  deliverance  according 
lolbclawof  England,  can  I  impress  it  too 
itnicigljr  tliat  it  cannot  be  supposed  by  possi- 
^'^'  ai>l  by  possibiJity— thai  the  king  can, 
eolly  with  his  oath,  and  with  the  an- 
duly  recognized  in  the  exphcit  en- 
at,  ihc  terms  of  which  you  have  heard, 
.«^/acty  or  permil  himself  to  act,  as  kin^ 
areonfitig  to  any  rules  of  government,  formed 
1^  aitjr  bodies  of  men,  assuming  any  charac* 
tcr,  fooclions,  or  situations,  those  rules  of 
gifeflUAicDt  beJB^  meant  to  operate  as  laws, 
tit  i$aihiie$  ^gremupon  in  parliament,  and  the 
imM  9tmd  emitomi  of  the  same^  onli^  excepted  f 

CentletDen,  it  seems  to  me  to  follow^,  as  a 
r  eopdmion  from  the  reasoning  to 
1  to  a  court  of  law,  not  only  Ihat 
conspire  to  remove  the  king  out 
her,  but  that  those 
9\\  him,  unless  he  will 

^911111  tbc  p%Hjj*le  iic-<::t>idmg  to  laws,  which 
am  «>t  statutes  in  piirlfAment  agreed  upon, 
and  the  laws  an;  i  of  the  same,  or  as 

Ibt  hmd  of  a  i^o  I  framed  and  modi- 

fici  tr^  asy  auUionty  not  derived  from  that 
fHcifUBent,  do  tun  spire  to  depose  him  from 
ik^  rwyoi  **   '      '    '  r,  and  governtaetit, 

mhifh  tM  I  iions,  and  to  sub- 

v«it  asiS  ;  od  govemmcot  rob? 

atrntlak^  im.    Ue  aught  not 

•9  to  govt;..  irml  (.o  i/cjvpm^he 

n  bcnnd  to  rcAi  ^ard 

^  ftll  lis  conM^^  I  the 

I;  raibUncc  nece^^inly  produces  de- 
I  it  CtKianjijcrs  his  life. 
stktn 

uf  them,  have  assigned 

irid  responsible  advisers: 

nKicr  various  consti- 

tions,  with  various 

aaii  jiTtiV5iiUvcs,  as  necessary  for 


I  king^  upon  whom  these 
^w  and  constitution,  for 


A.  D.  1704. 

the  support  and  raainlenancc  of  the  civil  li^ 
berties  of  the  people :  they  ascribe  to  him 
sovereignty,  imperial  dignity,  and  perfection : 
and  because  the  rule  and  government,  as  es- 
tablished in  this  kingdom,  cannot  e^i^t  for  a 
moment  witliout  a  person  hhing  that  oiBce, 
and  able  to  execute  all  the  duties  from  time 
to  time,  which  I  have  now  stated,  they  as- 
cribe lo  him  also  that  he  never  cciines  to  exist. 
In  foreign  aftUirs^  the  delegate  and  represen- 
tative ol  his  people,  he  makers  w;ir  and  peac!e, 
leagues  and  treaties:  In  domestic  cuuccras, 
he  has  prcrogiilivcs,  us  a  ronstiUicnt  part  of 
the  supreme  regisbiure;  the  prerogative  of 
raising  tiecls  and  armies;  he  is  the  Ibuntain 
of  justice,  bound  to  administer  it  to  his  pc;o- 
ple,  because  it  is  due  to  them ;  the  great  con- 
I  servator  of  public  peace,  bound  to  maintain 
i  and  vindicate  it;  every  where  present,  that 
these  dtities  may  no  where  fail  tif  being  dis- 
charged; the  tbun  tain  of  honour,  othce,  and 
privilege  ;  the  arbiter  of  dome*<Uc  comraerce, 
the  head  of  the  national  church. 

Gentlemen,  I  hope  I  shall  not  be  thought 
to  mispend  your  time  in  stating  thus  much, 
because  it  appears  to  me  that  the  fact,  that 
such  is  the  character,  that  such  are  the  duties, 
that  such  arc  the  attributes  and  prerogatives 
of  the  king  in  this  country  (all  existmg  for 
the  protection,  security,  and  happiness  of  the 
people  in  an  established  form  ot  government}, 
accounts  for  the  just  anxictv,  bordering  upon 
jealousy,  with  which  the  law  watches  over 
his  person — itccounts  for  the  fact  that,  in 
every  indictment,  the  compassing  or  imagin- 
ing his  deslmction,  or  deposition,  seoras  to 
be  considered  as  necessariiy  co-existing  with 
an  intention  lo  subvert  the  rule  and  govern- 
ment established  in  the  country  :  it  i*»  a  pur- 
pose to  destroy  and  lo  depose  Aim,  in  whom  the 
supreme  power,  rule,  and  government,  under 
constitutional  checks  and  limitations,  is 
vested,  and  by  whom,  with  consent  and  ad- 
vice in  some  cases,  and  with  advice  in  all 
cases,  the  exercise  of  this  constitutional  power 
is  to  be  carried  on. 

Gentlemen,  this  language,  the  tenor  and 
charge  of  every  indictment,  b  roost  clearly 
expressed  by  lord  Hale,  when  he  says  that 
high  treason  is  an  offence  more  immediately 
against  the  perxan  and  gifvermnrnt  of  the 
king :  I  cannot  &laic  it  more  strongly  lo  you, 
or  from  an  authority,  the  uuthenticjiy  of 
which  will  be  less  questioned  by  those  w^ho 
are  to  defend  the  prisoner  at  tlie  bar,  than 
when  I  state  lo  you  the  language  of  one  of 
the  counsel  for  lord  George  Gordon  upon  the 
last  trial  for  high  treason:  iuderd  it  is  no 
more  than  what  follows  the  law  of  England 
as  dehvered  by  all  those  great  lawy^^rw,  wlioso 
authority,  I  am  persuaded,  will  not  be  atr 
tempted  to  be  shaken  in  the  course  of  Ibis 
trial,  when  it  states  this  principle  iIuist — 
«  To  compass  or  imagine  the  Jeath  of  the 
king,  such  imagination  or  purpose  of  the 
mind,  visible  only  to  its  great  Author,  being 
mauifested  by  some  opcQ  act,  an  institution 


347] 


35  GEORGE  HI. 


obviously  directed  not  only  to  the  security  of 
his  natural  person,  but  to  the  stability  of  the 
^vernment,  the  life  of  the  prince  being  so 
interwjivcn  with  the  constitution  of  the  state 
that  an  attempt  to  destroy  the  one  is  justly 
held  tu  be  a  rebellious  conspiracy  against  the 
other."* 

Gentlemen,  it  will  be  ray  duty  to  state  to 
you  presently  what  is  in  law  an  attempt 
against  the  life  of  the  king.  It  seems,  there- 
fore, that  when  the  ancient  law  of  England, 
—And  I  would  beg  your  attention  to  what 
I  am  now  stating  to  you, — that  when 
the  ancient  law  ot  England  was  changed, 
which,  even  in  the  case  of  a  subject,  held  the 
intent  to  kill  homicide,  as  well  as,  in  the  case 
of  the  king,  the  intent  to  kill  or  depose,  with- 
out the  tact,  where  a  measure  was  taken  to 
effectuate  the  intent,  treason,  with  a  ditlercnce 
however  as  to  the  nature  of  the  acts  deemed 
sufficient,  in  the  one  case,  or  in  the  other,  to 
manifest  the  one  or  the  other  intent,  that  to 
use  the  words  of  a  great  and  venerthle  autho- 
rity, I  mean  Mr.  Justice  Foster,  "  it  was  with 
great  propriety  that  the  statute  of  treason 
retained  the  rigour  of  the  law  in  its  full  extent 
in  the  case  of  the  king.  In  the  case  of  him/* 
says  he,  "  who>e  life  must  not  be  endangered, 
because  it  cannol  be  ttken  away  by  treasona- 
ble practices,  without  involving  a  nation  in 
blood  and' contusion :  levelled  at  him,  the 
stroke  is  levelled  at  the  public  tranquillity." h 

Gentlemen,  that  it  may  be  iully  understood 
what  it  is  that  I  have-  to  contend  for  in  the 
course  of  this  trial,  I  put  you  in  mind  a^ain 
that  I  have  before  stated,  that,  as  it  is  abso- 
lutely necessary  to  the  security  of  individuals, 
not  less  necessary  to  the  security  of  individuals, 
than  it  is  necessary  to  the  security  of  the 
nation  which  they  compose,  that  the  person 
and  ^overnmf  nl  of  the  king  should  be  thu*s 


Trial  of  Thomas  Hardy  [Sig 

should  tarnr  without  goine  to  judgment  of  the 

treason,  till  the  cause  oe  snowed  and  declsied 

before  the  king  and  his  parliament ;" — in  the 

expressive  language,  which   your   ancestors 

have  used,  when  the  provisions  of  the  statute 

of  Edward  were  first  mtroduced  into  the  code 

of  law  under  which  we  live,  and  of  those 

statutes,  by  which    treasons  were    brought 

back  to  the  provisions  of  that  statute,  tne 

experience  of  your  ancestors,   thus  handed 

down  to  you,  has  demonstrated  this  necessity. 

I  admit  too  (and  my  treating  the  subject  thus 

in  the  outset  may  ultimately  save  your  tim^ 

that  before  the  statute  was  made,  upon  which 

the  indictment  proceeds,  the  security  of  the 

subject  was  not  sufficiently  provided'  for.    I 

admit  that  security  is  not  sufficiently  provided 

for  now,  if  construction  can  he  allowed  to 

give  an  exposition  to  the  statute,  which  the 

legislature  did  not  intend  it  >hould  receive. 

I      Gentlemen,  iipon  each  of  these  heads  it 

I  was  necessary  for  me  to  trouble  you  ^ilh 

I  some,  and  but  with  a  few  observations. 

I      That  the  law  of  treason  should  be  deter- 

'  minate  and  certain,  though  clearly  necessary 

!  for  the  security  of  the  subject,  is  not  more 

necessary  for  their  security,  than  tiiat  there 

should  he  a  law  of  treason,  and  that  this  Uw 

I  should  be  faithfully,  duly,  and  firmly  exe- 

.  cuted 

I  Gentlemen,  every  state  imisi  have  some 
;  form  or  regimen  of  government;  in  other 
I  words,  it  must  determine  by  whom,  and  under 
I  what  modifications,  the  sovereign  power  is  to 
!  be  exercised  in  the  country  ;  for  no  govern- 
!  ment  can  exist,  unless  this  power  is  placed 
somewhere :  and  the  attempt  to  >ubvert  that 
;  power  is,  in  the  nature  of  the  thing,  an 
;  attempt  to  subvert  the  established  govcm- 
!  ment.  It  is  of  necessity  that  an  attempt  of 
this  ^ort  sbiHild  hegULinled  ag^ain^tf 


2491 


Jiff  High  Treaton> 


A.  D.  1794. 


[«50 


IrglsUlare  In  Edward's  time  proposed,  when  I 
Ihrv  -  '-'l  the  liacred  staUitc  upon  tvbkh  | 
Ijji  nt  is  Ibonded  ;  that  stalute  was 

iii.iiJw  ..>.  i.t  more  precipe  definition  of  this 
crime,  which,  hv  the  common  law^  had  not 
been  «tiftitiently  ciilencJfid,  and  *'  the  pkin 
uuextenilcd  letter  of  il,"  you  will  mark  the 
avoids,**  lt>e  plain  iitiexiended  letter  of  it  was 
Ihcnigbt  to  be  a  suflicieiU  prolectiun  to  the 
person  and  hunoiir  of  the  sovereign'**  but  not 
only  to  the  perhun  and  honour  of  the  sove- 
reign, but  ^  an  ti(it'<iuate  »tturiiy  lo  (he  (awt 
t^mmiiUd  io  his  cjiecutinn^* 

Gentlemen,  in  ad<lressing  a  jury  in  a  court 

of  law»  sworn  to  make  deliverance  according 

to  thai  law  which  constilulcs  the  court  in 

which  they  sit,   there  arc  two  propositions, 

[     which  appear  to  me  to  he  alike  clear : — the 

^^bst  15,  titat  I  ought  not,  that  I  cannot  dare  to 

^|bl  upon  you  to  say,  that  there  has  been 

P^Stn  milled  under  ttiis  statute  any  oft'ence,   if 

f      the  facts  of  the  case  to  he  laid  before  you,  by 

plain,  manifest,  authorized  interpretalioa  of 

the   statute,    do    not    constitute  an  offence 

under  it; — if  the  statute  should  seem  to  any 

man,  or  to  you,  not  to  be  a  sufficient  and 

adequate  security  to  the  person  ami  honour 

4>f  the  sovereign^  and  the  due  exectitiou  of  the 

laws,  it  IS  nevertheless  all  the  security  wliich 

the  law  has  authorized  you  to  ^ive  thecn,  and 

Ood  forbid  that  you  should  llunk  of  giving 

IDOre»    On  the  other  hand,  you  are  bound  by 

3'our  oaths,  if  this  law  has  been  vioUlfd   in 

•kct*    if  the  fact   of  violation  is   proved  by 

wdenre,  convincing  in  its  nature,   and  j^uch 

ni  its  fono  as  ttie  law  requires  (for  the  law  in 

I       this  case  reqiiires  not  only  convincing*  but 

furnial  evulcnce),   then  you  are  hound  to  give 

to  the  person  and  honour  of  the  sovereign, 

and  to  the  laws  iif  your  country,  that  prolec- 

lion,  which  a  verdict,  asserting  in  substame 

that  the  statute  has  been  violated,  would  give, 

•od  wh»ch  ihe  statute  intended  should  be 

given* 

Gentlemen,   men  of  honour  and  of  con- 
icience,  acting  under  the  sanction  of  the  oath 
which   they  have  taken,  must  come  to  the 
saine  conclusion,  judging  of  the  same  fact^, 
by  the  same  law,  whatever  their  principles  ot 
I        government  may  be,   unless  they  differ  upon 
L       the  effect  of  Uie  fact*  laid  liefure  them.  In  the 
^.^Sifial  of  H  person,  whose  name  I  shall  have 
r  ^«bimdant  reason   to  mention  to  you  in  the 
^       courts  of  tins  proceeding,  I  mean  the  author 
of  the  Uights  of  Man,  charged  with  a  Hbei 
Sigarnst  the  monarchy  of  the  country,  il  was 
judiciously,   truly,   justly,    and   strongly  ad* 
mitted  in  ettecU  that,  if  the  jury  had  been 
composed  (if  there  are  twelve  such  men  in 
this  Country)   of  re  pubiicans,  wishing  to  over- 
turn   thu   govcrruuent  of  the    totTutry,   yet 
u!.  lug  the  law  of  Kngland,  in  a  court 

rn  law,  if  they  were  convinced  that 

Lt  had,  according  to  that  law,  been 

'  no  man  would  have  the  audacity 

lu   .^,   ...vt  tbcv  Ciiuld  be  capable  of  that 


cfiine  <ic;ujnitt  tJie  pwblir,    to  think    for   a 


in  omen  t  of  not  coming  to  the  conclusion, 
which  the  facts  called  tor,  according  to  the 
law  by  which  they  were  sworn  to  decide  upon 
the  matter  before  I  hem.* 

Gentlemen,  the  stutuie  upon  which  this 
indictment  proceeds,  is  to  the  following  effect  t 
— il  states  {and  it  slates  most  truly),  •*  that 
divers  opinions  had  been  had  before  this 
time,**  that  is,  the  95th  Edward  3rd,  •*  in  what 
case  treason  should  be  sail  I,  and  m  what  not : 
the  kmg,  at  the  request  of  the  Lords  and  of 
the  Commons,  hath  made  a  decbiration  in  the 
manner  as  hereafter  followeth,  that  is  to  say, 
when  a  man  doth  compass  or  imagine  the 
death  of  our  lord  the  king,  or  ofourlady  his 
queen,  or  of  their  eldest  son  antl  heir;  or  if  a 
man  do  violate  ihe  king's  companion,  or  the 
king's  eldest  dauc; liter,  unmarried,  or  the  wife 
of  the  king's  eldest  son  and  heir ;  or  if  a  man 
do  levy  war  against  our  lord  the  king;  in  hjj 
fealm,  or  be  adherent  to  the  king's  enemlet 
in  his  realm,  givin*  to  them  aid  and  comfort 
in  the  realm  or  elsewhere,  and  thereof  ba 
provaltly  attainted" — by  which  words  1  under- 
stand be  attainted  by  evidence,  that  clearly 
and  forcibly  satisfies  the  minds  and  con- 
sciences of  those  who  arc  to  iry  the  fact— 
**  attainted  of  open  deed  by  people  of  their 
condition,'* — then  there  is  this,  to  which  you 
will  be  bound  to  give  your  attention  for  the 
sake  of  the  prisoner,  as  well  as  for  the  sake  of 
the  public,  the  interests  of  both  being  blended 
in  this  great  cause ; — **  and  because  that 
many  other  like  cases  of  treaMin  may  happen 
in  lime  to  come,  which  a  man  cannot  think 
nor  derlare  at  this  present  time,  it  is  accorded 
Ihat^  if  any  other  case,  supposed  treason^ 
which  is  not  above  specified,  dolh  happen 
before  any  justices,  the  justices  sliall  tarry 
without  any  going  to  jutlgment  uf  the  treason 
till  the  cause  be  showed  and  declared  before 
the  kiuff  and  his  parliament,  whether  il 
ought  to  he  judged  treason,  or  other  lelony." 

Ucntlemen,  I  desire  to  point  out  here,  in 
the  must  marked  way  in  which  I  tan  stale  it, 
the  anxiety,  with  which  the  pdrhament 
wished  to  preserve  to  itself  the  jiidgnienls  of 
lrcason%  not  being  ihe  specified  ireasons  in 
the  staliile,  but  being  like  treasons,  those 
which,  by  a  parity  cjfrtii 'tuning  r*ii-ht  be  said 
to  be  treason.  They  would  nut  tnist  the  sub- 
jects of  the  country  m  the  hand  of  any  court 
of  justice  upon  that  point  I  mark  llie  cir- 
cum'tauce,  because  it  appears  to  me  to  give  a 
degree  of  aulhorily  to  the  law  of  Kngland 
upon  the  Miljet  t  of  trea*ion,  and  to  the  con- 
slrucliuns,  which  have  been  made  upon  il, 
and  to  the  distinctions,  which  have  been  made 
between  like  rreason>,  and  overt  aits  of  the 
same  treason,  that  perhaps  does  not  belong 
to  conj^tructions  and  di>Unctitms  adopted  in 
the  course  of  judicial  proceedings  upon  aajr 
other  law  in  the  statute-book. 
Gcnikraen,  having  read  the  statute  to  you, 

*  See  Mr.  Ersklne*s  defence  of  Paine,  Vol* 
^^,  p.  415  of  this  Collection. 


J 


ivr\ 


35  GEORGE  HI. 


obviously  directed  not  only  to  the  security  of 
his  natural  person,  but  to  the  stability  of  the 
^vernment,  the  life  of  the  prince  being  so 
interwoven  with  the  runstitution  of  the  state 
that  an  attempt  to  destroy  the  one  is  justly 
held  tu  be  a  rebellious  conspiracy  against  the 
other."* 

Gentlemen,  it  will  be  ray  duty  to  state  to 
you  presently  what  is  in  law  an  attempt 
against  the  life  of  the  king.  It  seems,  there- 
fore, that  when  the  ancient  law  of  England, 
— 4md  I  would  beg  your  attention  to  what 
I  am  now  stating  to  you, — that  when 
the  ancient  law  ot  England  was  changed, 
which,  even  in  the  case  of  a  subject,  held  the 
intent  to  kill  homicide,  as  well  as,  in  the  case 
of  the  king,  the  intent  to  kill  oi' depose,  with- 
out the  fact,  where  a  measure  was  taken  to 
effectuate  the  intent,  treason,  with  a  dilfercnce 
however  as  to  the  nature  of  the  act^(  deemed 
sufficient,  in  the  one  case,  or  in  the  other,  to 
manifest  the  one  or  the  other  intent,  that  to 
use  the  words  of  a  great  and  venerable  autho- 
rity, I  mean  Mr.  Justice  Foster,  •*  it  was  with 
great  propriety  that  the  statute  of  treason 
retained  the  rigour  of  the  law  in  it?  fiill  extent 


Triid  of  Th<mas  Hardy  [S48 

should  tarnr  without  gpine  to  judgment  of  die 
treason,  till  the  cause  be  snowed  and  declared 
before  the  king  and  his  parliament ;" — in  the 
expressive  languaec,  wnich  your  ancestor! 
have  used,  when  the  provisions  of  the  statute 
of  Edward  were  first  introduced  into  the  code 
of  law  under  which  we  live,  and  of  those 
statutes,  by  which  treasons  were  brought 
back  to  the  provisions  f;f  that  statute,  tne 
experience  of  your  ancestors,  thus  handed 
down  to  you,  has  demonstrated  this  necessity. 
I  admit  too  (and  my  treating  the  subject  thus 
in  the  outset  may  ultimately  save  your  tioi^ 
that  l>efore  the  statute  was  made,  upon  which 
the  indictment  proceeds,  the  security  of  the 
subject  was  not  sufficiently  provided  for.  I 
admit  that  security  is  not  sufficiently  provided 
for  now,  if  construction  can  be  allowed  to 
give  an  exposition  to  the  statute,  which  the 
I  legislature  did  not  intend  it  should  receive. 
I  Gentlemen,  upon  each  of  these  heads  it 
I  was  necessary  for  me  to  trouble  you  with 
I  some,  and  but  with  a  few  observations. 
I  That  the  law  of  treason  should  be  deter- 
minate  and  certain,  though  clearly  necessary 
for  the  security  of  the  subject,  is  not  more 


in  the  case  of  the  king.    In  the  case  of  him,"  '  necessary  for  their  security,  than  that  there 

says  he,  '*  whose  life  must  nut  be  endangered,  ,  should  be  a  law  of  treason,  and  that  this  law 

because  it  cannot  be  tiken  away  by  treasona-  I  should  be  faithfully,  duly,  and  firmly  exc- 

ble  practices,  without  involving  a  nation  in  i  cuted 


blood  and' confusion:  levelled  at  him,  the 
stroke  is  levelled  at  the  public  tranquillity.'* h 
Gentlemen,  that  it  may  be  iully  understood 
what  it  is  that  i  havf  to  contend  for  in  the 
course  of  this  trial,  I  put  you  in  mind  a^ain 
that  I  have  before  stated,  that,  as  it  is  abso- 
lutely necessary  to  the  security  of  individuals, 
not  less  necessary  to  the  security  of  individuals, 
than  it  is  necessary  to  the  security  of  the 
nation  which  they  compi»se,  that  the  person 
and  government  of  the  king  should  be  thus 


Gentlemen,  every  state  must  have  some 
form  or  regimen  of  government;  in  other 
words,  it  must  determine  by  whom,  and  under 
what  modifications,  the  sovereign  power  is  to 
be  exercised  in  the  country  ;  lor  no  govern- 
ment can  exist,  unless  this  power  is  placed 
somewhere :  and  the  attempt  to  subvert  that 
power  is,  in  the  nature  of  the  thing,  an 
attempt  to  subvert  the  established  govern- 
ment. It  is  of  necessity  that  an  attempt  of 
this  sort  should  he  guarded  against,  by  severer 


defended ;  on  the  other  hand^  for  the  security  '  penalties  than  offences,  which  being  hrcach^ 


of  the  suhjtit,  it  is  equally  necessary  that 
the  crime  of  high  treason  should  not  he  inde- 
terminate, that  It  should  not  he  unascertained, 
or  undefined,  cither  in  the  law  itself,  or  in  the 
construction  to  be  m<ide  of  that  law. 

Gentlemen,  this  necessity  is  not  to  be  col- 
lected merely  in  this  country  from  reasoning, 
though  it  may  obviously  enough  he  collected 
from  rea'iouing ;  the  experience  of  your  ances- 
tors has  informed  you,  I  admit  it,'  and  I  beg 
to  prc>s  it  upoii  your  attenUon,  as  much  as 
any  man  in  this  court  can  press  it  upon  your 
attention,  the  experience  of  your  ancestors 
has  informed  you,  in  the  ju«t  and  hitter  com- 
plaints which  are  to  be  found  in  their  annals, 
of  the  periods,  in  which  no  man  knew  how 
he  ought  to  l)ehave  himself,  to  do,  speak,  or 
say,  lor  d<»uht  of  pains  of  treason, — in  the 


of  parti(  ular  laws,  do  not  endanger  the  very 
existence  of  the  slate  itself,  which  do  not 
involve,  in  the  dc«»truction  of  the  state,  the 
destruction  of  all  laws,  hut  which  leave  the 
law,  though  violated  in  particular  cases,  .suffi- 
cient, in  general  cases,  for  the  protection  of 
the  personal  security,  th.e  liberty,  and  happi- 
ness of  the  subject. 

Gentlemen,  this  is  also  the  reasoning  of 
that  great  judge,  whose  name  I  before  men- 
tioned to  you,  my  lord  Hale : — "  The  ercat- 
ncss  of  the  offence,"  he  says,  "  and  the 
severity  of  the  punishment,  is  upon  these 
reasons: — First,  l)ecause  the  safety,  peace, 
and  tranquillity  of  the  kingdom  is  higlily  con- 
cerned in  the  safety  and  preservation  of  the 
person,  dignity,  and  government  of  the  king, 
and  therefore  the  laws  of  the  kingdom  have 


anxiety  with  whii  h  the  statute  of  Edward  8nJ  |  given  all  possible  security  to  the  kiug*s  person 
reserved  the  judgment  of  all  treasons  not  i  and  government,  and  under  the  severest 
there  expressly  specified—**  that  the  justices     penalties.'** 

Gentlemen,  to  describe  this  great  ofience 


*  See  Vol.  91,  p.  589  of  this  Collection, 
t  Sec  Foster's  Crown  Law,  discourse  1, 
chap.  1;  sec.  9,  p.  194, 195,  ed.  of  1799. 


with  precision  and  accuracy,  was  what  the 
*  Hale's  PleasoftheCrowDy  part  1,  chap.  10. 


for  High  Treaum* 

Ir^ildliire  roposwj,  when  | 

lijtjrr.*:'  iie  upon  vvljtch  i 

thid  (  is  touiitieii  i  tliHt  statute  was 

iMidc  -re  prrn!»e  c)c6iiiUon  of  Ihta 

whicii,  ty  the  coincTum  Uw,   had  not 
•i^i'flittrnMv  ixlcfstit'dj  dnd  **  the   plain 
uer  or  it,"  you  will  ruark  the 
iin  uncxtei>dcd  letter  of  it  was 
;^.  surticifMl  proleclion  to  the 
air  ot  Ihe  sovereign;"  but  not 
o    M.L    yH.rsjuu  and  honour  of  the  sovc- 
l>Ot  "  un  iieirtfytitc  tfCurity  to  the  iamt 

mg  ft  jury  in  a  court 

,  'Jtliverancc  according 

Umi  tAW  wbicki  eon&titutes  the  court  in 

^*ich   tScy  ait,  tlierc  are  two  propositions, 

nemr  to  me  to  ht  alike  clear : — the 

il  I  ought  not,  thai  I  cannot  dure  to 

UjM>»   you  to  my,  timt  there  has  been 

R»fnilt«d  under  this  statute  any  offejicc,  if 

i  fcu  of  the  case  to  be  laid  before  you,  by 

rnanitejit,  authorised  inlerpreution  of 

tfaittiir^^    do    not    conritilute   an  oftence 

it; — if  the  statute  should  seem  to  any 

!,  DC  lo  you,   not  to  be  a  sufficient  and 

[tiAte  Security  to  the  person  and  liouour 

.*..^....,.,    .^,,c|  I  he  due  execution  of  the 

II  the  security  which 

t  i  .  ,uu  lo  give  them,  and 

11  should  tn ink  of  giving 

'  r  hand,  you  are  hound  by 

this  law  has  been  violatrd  in 

ft   Iff  violation  h   proved  by 

:ig  in  its  nature^  and  >ucli 

i.v  requires  (for  the  law  in 

not  only  convirjcing,  but 

jen  you  are  hound  ty  give 

honour  of  the  toveretgn, 

s  uur  country*  that  prolec- 

V       -  ^  '    tancc 

'  Jive, 


A.  D.  iim. 


[250 


tCfl, 


I     mpn  nf  Honour  and  of  con- 

'  ianction  of  the  oath 

1,  must  come  to  the 

ig  of  the  same  fact*, 

v'er  their  principles  of 

^%   unle»'4  Ihev  differ  upon 

Inlaid  be^nre  tliem.  In  the 

uu,  whose  name  I  th;iJl  have 

nfi   in  men  t  if  in  to  you   in  the 

II  ihe  author 

'  ith  a  libel 

. i\  ni  III*'  ii'untry,   it  wa«i 

juilly,   and   strongly  ad- 

.»     *   it,^   ...*y  jj^^j  ^J^^„ 

« h  men  in 

'  lo  over- 

,    yet 

court 

1  thjt 

,  been 

ni  have  tlie  audacity 

i  be  capable  of  that 

a^^Ail  tilt  public,   to  think    fi^r    ai 


moiwent  of  not  coming  to  the  eonclusion. 
winch  the  facts  called  for,  accor<ling;  lo  the 
law  by  which  they  were  sworn  to  decide  upon 
the  matter  before  Miemi* 

Gentlemen,  the  statute  tjpon  which  tbis 
indictment  proceeds,  is  to  the  foliowujg  cflcct  i 
— it  states  (and  it  slates  most  truly  ),^  •*  that 
divers  opinions  had  been  had  before  this 
time,**  that  is,  the  ?5th  Edward  $r6,  ♦♦  in  what 
case  treason  should  be  sai<)^  &nd  in  what  not  t 
the  king,  at  the  request  of  the  Lords  and  of 
the  Commons,  hath  made  a  declarulion  in  the 
manner  as  hereafter  followeth,  that  is  to  say, 
wben  a  man  doth  compass  ur  imagine  the 
death  of  our  lord  the  king,  or  of  our  Udy  his 
queen,  or  of  their  eldest  son  and  heir ;  or  if  a 
man  do  violate  the  king's  companion,  or  the 
king*s  eldest  daughter^  unmarried,  or  the  wife 
of  the  king's  eldest  son  and  heir ;  or  if  a  mtJi 
do  levy  war  against  our  lord  the  kin^  in  hb 
realm,  or  be  adherent  to  t!ie  king^s  enemies 
in  his  realm,  giving  to  them  aid  aud  comfort 
in  the  realm  or  cbewhere,  and  thereof  bd 
provahly  attainted'' — by  which  words  I  under- 
stand be  attainted  by  evidence,  that  clearly 
and  forcibly  satisfies  the  minds  and  con- 
sciences of  those  who  are  to  try  the  fact— . 
**  attainted  of  open  deed  by  people  of  their 
condition,'*— then  there  is  this,  to  which  you 
wiU  be  bound  to  give  your  attention  for  the 
fake  of  the  prisoner,  as  well  as  for  the  sake  of 
the  public,  the  interests  of  both  being  blendod 
in  this  great  cause ; — **  and  because  tliat 
many  other  Itkc  cases  of  tr€a*<m  may  happen 
in  time  to  come,  which  a  man  cannot  tWk 
Ti*ft  derlare  at  this  present  time,  it  is  accorded 
that,  if  any  other  case,  supposed  treason, 
which  is  not  above  specified,  doth  happen 
before  any  justices,  the  justices  shall  tarry 
without  any  goiug  to  judgment  of  the  treason 
till  the  cause  be  showcil  and  declared  before 
the  king  and  his  parhkiment,  whether  ii 
ought  to  ne  judged  treason,  ur  other  felony," 

Uerntlemen,  I  desire  to  pt>ini  ooi  here,  in 
the  most  marked  way  in  which  I  i  an  state  it, 
the  anxiety,  with  which  the  parliament 
wihhed  to  preserve  to  itself  the  judgments  Oi 
treasons,  not  being  the  sppcified  treasons  in 
the  siaiule,  hut  being  like  treasons,  those 
w^hiclu  l»y  a  purity  of nasomiig  miiiht  be  said 
to  he  treason.  They  would  nut  trust  the  lub- 
ject'iof  the  coiuury  in  the  hand  of  any  court 
of  justice  upon  that  point  1  mark  tlie  cir- 
ctimstauce,  because  it  appears  to  me  lo  give  a 
degree  of  authority  lo  the  law  of  England 
upon  the  subjecl  of  treason,  and  to  the  con- 
structions, which  have  been  made  upon  it, 
and  to  the  di^stlnctions,  which  have  l^een  made 
between  like  treason^,  ;ind  overt  acts  of  the 
sam**  Irrnson,  that  perh-p'-  d^rs  not  belong 
to  constructions  and  i  adopted  in 

the  course  t*l  juduial   ,  igs  upon  any 

other  law  in  the  statute-book. 
Gcntlcmeup  having  read  the  statute  to  you, 

^  See  Mr.  Et^klne*d  defence  of  FwOy  VoL 

d2,  p.  413  of  thiA  CoUecUoo. 


it  it  not  unimportant^  as  it  seems  to  me,  to 
observe  thtt  Igrd  little  and  Mr.  Justice  Foster, 
who  have  itatcd  the  judidaJ  and  other  cxpo- 
iitionsofthis  stjitute^  have  stated  tbeoi^  and 
have  eipoundcd  the  itatute,  under  the 
weighty  caution,  which  lliey  roost  powerfully 
express ;  under  the  solemn  protests,  which 
tl^ey  most  fitrongly  state,  against  extending 
'  is  statute  by  n  parity  of  reason.    This  cir- 

imstance  alone  appears  to  me  to  give  infi- 

te  authenticity  to  the  expositions,  which 
_jey  state  of  it,  as  sound,  and  as  being  such 
AS,  according  to  the  interpretition,  which  the 
legislature  m  Edward  3rd's  time  meant, 
should  be  put  upon  this  statute. 

Gentlemen^  I  think  it  may  also  save  your 
time,  and  that  of  the  Court,  if  I  trouble  you 
here  by  reading,  before  I  state  to  you  the  ex- 
positions of  the  statute  which  lord  Hale  has 
giTen  us,  deducing  them  from  judgments 
which  had  been  actually  made  in  the  history 
of  the  country,  the  language  which  he  holds, 
as  describiujg  tbe  obligations,  which  courts  of 
justice,  ana  men  lookmg  at  this  statute  for 
the  purpose  uf  executing  it,  are  under,  to  con- 
itrue  it  according  to  the  real  specified  mean* 
ing,  not  by  a  parity  of  construction  as  to  the 
treason  itself,  when  they  came  to  construe  it. 

Lord  Hale  states  it  thus  : — **  Although  the 
crime  of  high  treason  is  the  greatest  crime 
against  faith^  duty,  and  human  society,  and 
brings  with  it  the  greatest  and  most  fatal 
dangers  to  the  government,  peace,  and  happi- 
ness of  a  kLngck>m  or  state,  and  therefore  is 
deservedly  branded  with  the  highest  igno- 
miny, and  subjected  to  the  greatest  penalties 
tliat  the  law  can  inflict,  yet  by  these  instances'' 
—he  is  stating  those  that  had  occurred  before 
the  statute  of  Edward  3rd  and  between  that 
and  the  first  of  Henry  4lh — "  yet  by  these  in- 
stances, and  more  of  this  kind  that  might  be 
given,  it  appears — firsts  how  necessary  it  was 
that  there  should  be  some  fixed  antl  settled 
boundary  for  lids  great  crime  of  treason,  and 
of  what  great  importance  tbe  statute  of  the 
25th  of  Edward  3rd.  was  in  order  to  that 
end;  secondly,  how  dangerous  it  is  to  depart 
from  the  letter  of  that  sULute,  and  to  multipfy 
and  enhance  crimes  into  treason  by  ambigu- 
ous and  general  words^ — oj  accroaching  af 
royal  power,  tubverting  of  JundamaHal  taut, 
and  tne  like;  and  thirdly,  how  dangerous  it 
IS  by  construction  and  analogy  to  make  trea- 
sons»  where  the  letter  of  the  law  has  not  done 
il^  for  such  a  method  admits  of  no  hmits  or 
bounds,  but  runs  as  far  as  the  wit  and  inven- 
tion of  accusers,  and  the  odiousness  and  de- 
testation of  persons  accused,  will  carry 
men/'* 

In  another  passage,  afler  having  given  his 
eomment  upon  this  statute — oiler  bavin «; 
italcd  what  are  the  overt  acts,  which  fall 
within  tliu  letter  of  it,  and  the  sound  inter- 
pretation of  it,  he  says,  "  It  has  been  tbe 


Conclusion  of  chapter 
">  Pleas  of  the  Crown, 


II,  part  1^   of 


c^eat  wisdom  and  care  of  the  parliament  to 
keep  judges  within  the  bounds  and  express 
limits  ot  this  act,  and  not  to  suffer  them  to 
run  out  upon  their  own  opinions  into  con- 
structive treasons,  tliough  in  cases  that  seem 
to  have  a  parity  of  reason  (tike  taut  ofUt^ 
ton),  but  reserves  them  to  the  decision  of  par- 
liament This  is  a  great  security  as  well  as 
direction  to  judges,  and  a  great  safeguard  even 
to  this  sacred  act  itself;  and  therefore,  as  be- 
fore I  observed,  in  the  chapter  of  levying 
of  war,  this  clause  of  the  statute  leaves  a 
weighty  memento  for  jtidges  to  be  careful 
that  they  be  not  over-hasty  in  letting  in  con- 
structive or  interpretative  treasons,  not  within 
the  letter  of  the  law,  at  least  in  such  new 
cases  as  have  not  been  formerly  expressly  re- 
solved, and  settled  by  more  than  one  preoe- 
dent."  * 

Gentlemen  of  the  jury,  I  am  persuaded,  as 
those  were  persuaded  who  conn uc ted  the  de- 
fence of  lord  George  Gordon,  that  we  live  in 
days,  in  which  the  mdges  of  the  country  nei- 
ther have  the  inclination  nor  the  courage  to 
stretch  the  law  beyond  its  limits*  I  mink 
myself  bound  to  state  that;  and  those,  who 
dare  to  slate  the  contrary  in  any  place,  do  not 
do  the  justice  to  the  country,  which  is  due 
from  every  individual  in  it. 

Gentlemen,  having  stated  thus  much  ta j 
you,  I  now  state,  in  order  to  be  perfectly  un 
derstood,  that  I  do  most  distinctly  disavoi 
making  any  charge  of  comimctivt  treason  j 
that  I  do  most  distinctly  disavow  stating  * 
this  indictment  an^  Itke  cam  of  trcaton  no 
specified  in  the  statute ;  that  I  do  most  dii 
tmctly  disavow  stating  any  thing  that  can  be 
called  cumulative  treason  or  anaiogout  treason  ; 
that  I  do  most  distinctly  disavow  enhancin 
anif  thing,  6y  a  parity  of  reason^  into  treatoi 
which  i*  fiot  spectfted  in  that  statute  ;  that  I  do" 
most  distinctly  disavow  enhancing  crimes  ^ 
any  kind,  or  a  life  tpent  in  crimet^  if  you 
choose  su  to  put  it,  into  treason,  if  it  be  not 
treason  specified  in  the  ttaiute ;  and  the  <^ues- 
tion  between  us  I  state  distinctly  to  he  tins — 
Whether  the  defendant  is  guilty  of  a  treason 
tfecifitd  in  the  ttatuie,  and  whether  the  evi- 
oence  that  is  to  be  brought  before  you  amounts 
to  that  proof,  that  will  be  satisfactory  to  your 
minds  and  consciences,  your  minds  and  con- 
sciences being  prepared  to  admit  no  proof» 
but  what  you   thmk  you  ousht  to  receive 

under  the  obligation  o?  an  oatli,  j '  "     h 

enough  thai  he  may  be  ^*  provabl..  1 

of  open  deed,'*  of  a  treason  specthea  m  tne 
statute. 

Then,  gentlemen,  to  state  the  charge  to 
you  :— The  indictment  charges  the  defendant 
with  compassing  and  imagining  the  king's 
death,  and  witli  having  taken  measures  10 
effectuate  that  LMiruoi-cr^ Now,  that  it  may  1 
thoroughly  un  ,i>u  will  permit  me  1 

state  to  you  hr i  i  >crc  is  not  only  a  i      _ 

nifest  distinctiou  m  reasoUi  but  a  settled,  dia* 

•  Ilale*s  Pleas  of  tbe  Crown,  part  ]|  cb.  t^. 


Jhr  High  Treason, 

§00  in  tlie  course  of  judicial  practice,  set' 
1  for  tio  other  cause  but  that  it  was  a  ma- 
st dbttactioQ  id  reason,  between—*'  like 
CttOi  of  treason/' constructive,  analogous^  or 
«miiitive  treaaons,  and  various  overt  acts 
•f  Ifae  ttcne  treason. 
Gmtieniieay  whether  the  acts  laid  as  overt 
I  of  treafiOQ,  specified  in  the  statute,  ami 
in  the  indictment,  amount,  in  all 
iblrcircunistances,  to  an  open  deed,  or  deeds 
W  which  a  person  may  be  provably  attainted 
01  the  specined  treason^  is  the  question  which 
are  to  try*  To  explain  myself  upon 
'l  take  it  to  be  clear,  and  I  wiU  not,  in 
igQ  of  the  business  at  least,  ejitcr  into 
■MtftNou  of  what  I  call  the  clear  and 
I  law  of  England,  because  I  will  not 
of  high  treason,  any  more  thi&D  I 
t  in  a  dispute  about  the  estate  of  any 
I  who  hears  me,  for  the  purpose  of 
|MM|  |M>tnts  enter  into  discussions  upon 
■I  1  Ukc  to  be  the  clear  and  €stLib]i<^hed 
f  ikf  England;  and  not  only  the  security  of 
i  iuhjcct  in  this  respect  cannot,  but  the  sc- 
r  of  the  subject  in  no  respect,  in  his  ^ttv- 
lilr,  <^>r  his  property,  can  be  taken  to 
•liil  iiiitry,  if  I  am  not  as  fully  au- 

I^Mlit'  i^  to  you,  with  a3  much  confi- 

4nC9t  what  the  law  is,  incase  of  treason,  from 
\  deci*'ions,  which  for  centuries  have  been 
"  !  in  courts  respecting  il^  as  [  am  to  state 
M,   ff^im  decision:*  of  courts  respecting 
~|lopeTty,  what  the  law  of  property  is.     I  say, 
1  Me  it  to  be   clear  that  deposing  the  king, 
tTttTl**|^  bt4}  measures  fur  deposing  the  king» 
iai>lfin^  with  foreigners  and  others  to  in-  ! 
rlbc  fcT      '         'nlno;  to  a  foreign  country 

not"  the  kingdom,  or  pro-  | 
J  Ui  i^v   ti.tic  10  that  end,  and   taking  I 
'•lejl  io  ortler  llierctu— conspiring  to  raise 
ection,  either  to  dethrone  the  king,  1 
the  king,  or  oblige  hmi  to  lUter  h\% 
le^  ofL-ovKruinent^  or  to  compel  him  to 
lurs  from  him,  are,  and 
^  Mr.  Justice  Foster  says, 
\  ik^il  111  mtent  to  do  that  trea> 

,  whicli  ued  in  the  statute  to  be 

t  «c1a  ul  tiCii^ii  in  compassing  the  k  ing's 

:  Jinary  if  these  great 

Her  holding  the  Ian- 

>  ere  to  be  rcpresenl- 

tiag  themsclve.s  un- 

"  '  r  that  weighty 

I  to  those  who 

ilofjud|;mrnt: 

J  the  words  in 

have    handed 

lite,  who  would 

I  i4h  vahied  the 

rUt«Mi  iUur  iouulry,  b^-lorc  they  would 

ebar^fnl**!*  Itkf»  rase  of  Ircuwiti**  in  an 

diclfliri,!  ,  have  concurred  (^s 

I  the  jii<  I  have  done,  and  the 

'  Iruc- 

^  fact 


I  lia>  c  ut;^il    utjiiju 


y^^K 


uuit  all 


A.  b.  1794,  [25* 

these  things  are  overt  acts  of  the  same  IriBa- 
soUy  that  is  specified  in  the  statute.  What  is 
the  reason  of  it?  because  the  law  holds  that 
he,  who  does  an  act,  meaning  to  do  it,  which 
may  endanger  the  kin^^'s  life,  compasses  and 
imagines  the  death  of  the  king,  if  he  does  ao 
act  which  may  endanger  his  hie,  if  in  the  or- 
dinary course  of  things^  and  according  to  the 
common  experience  of  mankind,  the  measure 
which  he  takes,  in  pursuance  of  a  purpose  to 
take  it,  will  bring  the  king  to  his  grave. 

This  therefore  is  not  raising  constmctive 
treason,  it  is  not  raising  treason  by  analogy, 
it  is  not  stating  *'  like  cases  of  treason^*  not 
specified  in,  but  reserved  by  the  statute  to  I 
judgment  of  parliament^  but  it  is  stating  ov4 
acts,  which  are  measures  taken  in  pursuant 
of  treasonable  purposes,  which  measures 
must  necessardy  be  as  various  in  their  kinds, 
as  the  ways  and  means,  by  which,  in  facta 
and  open  decd^,  taken  in  pursuance  of  its 
purposes,  the  human  heart  manifests  its  in- 
tent to  commit  some  one  or  other  of  the  trea- 
sons speci&ed  in  the  statute. 

Gentlemen,  the  reserving  clause  in  the  act 
is  extremely  material;  and,  if  courts  and  Ju- 
ries have  done  wrong  in  the  manner  in  which 
they  have  executed  this  statute,  if  the  inter- 
pretations, which  they  have  made  of  the  sta- 
tute, arc  not  right,  they  have  done  it  against 
a  prohibition  in  the  statute,  which  they  were 
called  upon  by  their  oaths  duly  to  eirpound, 
and  they  have  done  it  in  the  presence  and 
under  the  eye  of  that  parliament,  which  had 
expressly  forbidden  them  to  do  it*  I  say  the 
conclusion  upon  that  i»,  tiiat  they  have  done 
it  rightly. 

Gentlemen,  the  judgments  of  the  courts  of 
law  are  in  this  country  perfectly  familiar  to 
parliament.  Acts  have  been  made,  over  and 
over  again,  in  order  to  bring  back  the  cxpo«i- 
tions  of  the  law  to  the  true  construction,  to 
the  letter,  which  is  the  true  construction,  in  a 
sound  judicial  sense,  to  bring  it  back  again 
to  the  statute  of  Edward  lird ;  but  we  have 
lived  to  this  hour  without  parliament  tliink- 
iog  that  they  were  to  make  so  perfectly  a  dead 
letter  of  the'letter  of  the  statute,  as  that  they 
should  say  that  an  overt  act,  which  expressed 
and  imported  the  imagination  of  the  mirul  to 
do  tlie  treason  specified,  should  not  be  taken 
to  be  an  act  of  high  treason  witiiin  the  sta- 
tute ;  because  the  statute  only  mentions  the 
thing  which  is  to  be  compassed  and  imagined, 
and  does  not  mention  the  ways  and  meanS| 
by  which  the  human  heart  may  show  and 
manifest  that  it  does  compass  and  imagine 
what  the  statute  speaks  of. 

Grnticmen,  this  is  not  all,  because  this  is 
not  only  according  to  the  law  of  England,  a^ 
it  is  administered  m  covirts  of  justice,  but  als<) 
to  the  proceedings  in  parliament,  which  are  a 
parliamenlary  exposition,  if  I  may  so  slate  il, 
of  the  law.  Proceedings  iu  parfiament  fjavt 
been  had,  where  the  sFatutc  has  been  thus 
construed,  and  where  this  disUnctton  tliat  I 
ans  stating  between  overt  acts  of  the  specified 


not 
ree       ' 


,,a^i_ 


treason  and  Ihe  "  like  cases  of  treason,' *  has 
been  expressly  take  o,  exprc««ily  sictetl  upon, 
proposed  liy  one  huiKe  uf  the   i  "  lo 

tlie  other  hun?***,  m\t\  ruled  upon  ava 

IQ  eiccuiing  llie  «*entciitea  ut  ttiat  hr-m^c. 

Genllemea^  the  disiinr.liori  then  is  only  ihia 
•-"  a  hke  case  of  trP4Vj»>*'  is  a  case  of  treason 
not  spectiied  \n  the  ?tt»lutc,  a  <;tseof  the  like 
luiscriiel.  as  a  CK?,e  i^pecilicd  in  the  stnlnte; 
but  the  identicdl  case  specified  in  the  .statute 
must  be  before  yon,  or,  to  avoid  all  dispute 
upon  the  subject,  I  say,  if  it  be  a  case  thnt  is 
not  specififid  in  the  statute,  it  ii>  a  ca^c  that 
must  be  shown  to  parliament  acxording  to  the 
directions  of  the  statule ;  but  that  facts  alike 
isi their  nature^  that  open  deedt^  alike  in  their 
nature  and  tendency,  however  various  in  their 
circumstances^  muy  prove  the  same  intention 
to  exist  in  the  minds  of  those  who  do  them, 
;ADd  muy  l^  measures,  taken  in  pursuance  of 
the  same  purpose,  and  to  effectuate  the  same 
thing,  )s  a  distmclion  that  appears  to  my  mind 
to  be  perieclly  obvious. 

Gcntktnen,  1  conceive,  therefore,  that  the 
Question  of  compassing  the  king^s  death  is 
tiiis — ^wh ether  ihc  jury  are  fully  satisikJ, 
eonscicntiwisiy  satisfied,  that  they  have  tliat 
evidence,  by  which  they  find  that  the  acts, 
laid  as  overt  acta  of  compassing  the  parti- 
cular specified  treason  mentioned  in  the  in- 
dicUnent,  were  measures  taken  in  pursuance 
t^f  and  to  effectuate  that  treason,  specified  at 
once  in  the  sitatute  and  in  the  indictment. 

Gentlemen,  I  protest  for  myself  I  am  sorry 
to  trouble  you  thus  much  at  large  by  general 
reasoning,  but  you  will  find  Uiat  it  has  an 
applicatiiin,  and  a  close  application,  to  the 
ease.  This  is  an  important  public  cause,  and 
there/orc  we  should  be  thoroughly  understood. 
I  cannot  understand  what  cmifiiruclive  overt 
acts  mean,  though  T  do  understand  constructive 
treasons.  Levying  war  agaiost  the  king,  not 
aeaiuht  hi^  pprson,  but  against  liis  royal  majes- 
iclive treason;  thatis,ifmenassem- 
l  i-r  without  any  intent  to  do  an  act, 

which  in  the  natural  consequence  of  things 
will  affect  the  king's  life,  such  as  pulling  down 
all  prison*  or  houses  of  any  other  description, 
that  is  constructive  treason^  it  being,  by  con- 
struction, as  Mr.  Justice  Foster  says,  against 
the  king*s  royal  majesty,  not  levied  against 
his  person  :  not  one  ^d  the  acts  of  a  more  fla- 

Sitious  kind,  wilfully  done  or  attempted  to  be 
one,  by  which  the  kin;z*s  life  may  te  in  dan- 
ger, but  which  are  levelled  agiiinst  his  royal 
majesty;  these  have  by  construction  been 
Ik- Id  to  bt*  trcASon ;  but  fiven  these  the  legis- 
lature h^iN  ncvr  r  considered  as  not  authoriied 


I 

;  these  they  have 

i"  '  '  ' 

1  upon  in  the  coun- 

uy  &(>  soMM 

r-.  and  constructions  upon 

lh<*  set  fvt  1 

;  many  h:iv<»  hfen  r«»n- 

Y  |,  i,  ,: 

,i;  execution   i'                     cd  ; 

^ 

ii  mer  dnuUed                      law 

t> 

niitiUUS,     But, 

w 

of  compa%m$: 

the  indictment  laYS  the  imagining  andcom^ 
pasting  a"*  the  oltence,  the  overt  act  is  not 
constructive,  the  ^tep  taken  to  effectuat'e  it 
must  be  such  an  act,  wiHully  and  deliberately 
done,  as  must  satisfy  the  con*>cien<  ,  V 

that  there  was  an  intention*  by  il 
otherwise,  to  put  the  kin  -  -  c&,  ui 

which,  accordmp  to  the  riencc 

of  mankind,  his  life  wouUi  ir 

Gentlemen,  I  have  before    i  u^  for 

another  jinmovr  vNTtiiii*  urfv  ^^, ^^  uvert 

act^  of  t«  ^h.     I   wifj 

repeat  iLi  ^  ,        ;  him, — en- 

tering into  measures  to  depose  huu; — consplr^ 
ing  to  imprison  him,**— which  you  obfcrve  ia 
au  act  that  may  be  done  without  an  actu^  ia«- 
tent  to  put  him  to  death,— a  man  may  con* 
spire  to  imprison  the  king  without  an  actual 
intent  to  put  him  to  death,  but  you  will  fund 
the  reason  why  that  is  held  to  bo  compassing 
and  imagining  the  death  of  th«  ktng,  witn 
the  sanction  of  all  times  since  this  statute  of 
Edward  3rd,  and  with  the  sanction  of  every 
species  ofjudiciai  authority,  which  the  coun- 
try could  give;  **  to  get  his  person  into  the 
power  of  conspirators." — Why  is  all  this  Xresr- 
sou  }  *^  Uecausc,"  says  Mr.  JusUcc  Foster, 
^*  the  care,  which  the  law  bath  taken  for  the 
personal  s^afcty  of  the  king,  is  not  confined  to 
actions  or  attempts  of  a  more  lUgitious  ktnd, 
«uch  ai  attempts  either  to  assassinate,  nr  lo 
poison,  or  other  attempts,  directly  and  imme- 
diately aiming  at  his  life;  it  is  extended  to 
every  thing,  wilfully  and  deliberately  done,  or 
attempted,  whereby  his  life  may  be  endan* 
irered  ;  and  therefore  tlio  entering  inlu  mea- 
sures for  '  I  or  imprisoning  him,  or  to 
get  his  [  the  power  of  the  conspi- 
rators,— tiitL>c  uiiciiccs  are  overt  acts  of  trea- 
son within  this  br&flch  of  the  statute;  for  ex- 
perience hath  shown  that  between  the  prisons 
and  tht!  graves  of  princes  the  distince  is  very 
small,"*  and  ei peri euce  has  not  grown  wca" 
upon  thia  subject  in  modern  times;  offem 
which  are  not  so  personal  as  those  &lre 
mentioned,  have  been,  with  great  proprie 
brought  within  the  same  rule,  as  having 
tendency,  though  not  so  immediate,  to  the 
same  fatal  end. 

Lord  Hale,  upon  i"  ^'  r 

conspiracy  be  not  : 

'  ,  '      "'  '  ui     MIC  K'ai^',   tJll^     111',; 

ng  that  in  all  p-i.hi 


risons 


kiKi  iiiugiuiiig  uic  UL-aui  u(  ine  kin^  whcic 


such 

ElCtlC 

a  thm^  as  mr 
>  prove  tlic  com  jt... 
instance  he  gives, 
is  this  ;  **  If  men 
tinj:  by  force  and  a 
\irlikd  to  ccttain  '' 

&  dc<iUi. 
amo  ia  ui 

'  t 

Tlie 
tc\t, 
thel 

hath 
pufi 
U  n. 
king 
thes 

i.e 
'I 

iLrentinllie 

*  Foster's  Crown  L»w»i  dboomaa  1>  chip. 
1.«cct.  9. 


Jhr  High  Treason* 

Vich  has  been  assigned 

r:  •*  for  it  is  m  ctfccl  to 

"dtL^jM^   uim    ol    hts  kingly    jjuvcriimenl/** 

Thttr  arc  the  words  of  JortJ  Hafe  ;  mu}  ilioticli 

1  '       1  ird    Hale  iind    Mi, 

t  in  words,  tliey  are 

lL  V  be  said,  with 

;  a  king  of  his 

the 
,        >the 
all  Judi- 
th; *tt  is 
<iy^  litauiHe  il  i!»  a  tempo- 
'jt  his  kingly  government, 
r^io  this  inter i>reLation  of  the 
•  s  m  dciith. 

<es  not  so  personal  as 
I  wiihin  Ihe  s^ime  rule, 
lency  to  llie  same  fatal  end: 
«o1  ill  war  with  you^  the  of- 
''    "  ^  r     -   ,  ounir)\  or  pro* 
[  ny  step  thereto 

1  ^   i.^.^.i^..v.. ,  into  tliis  king- 

I  uablc  purpose,  can  only  fall 

^  irVi  i»r  Treason  of  compassing 

*  lie  at  war  with  you, 

t  t.s  to  another  species 

o(  tz9saoity  which  is  an  **  adhering  to  the 
bog's  rtremici  f*  and  perhaps  you  will  find 
tet  I  I  have  to  slate  is  not  withoyt 

peon  .  .  J  ce  of  this  species  of  overt  act. 

<Spuilt.ni<:n,  having  staled  thus  much  to 
jgw,  I  proceed  now  to  consider  the  indict- 
Btftti;  lu^  what  1  have  stated,  before  I  men* 
tMned  ihs  sub&tance  of  the  indictment,  I 
liars  itelcd  to  by  in  my  ckim  to  full  credit 
with  yqa,  when  I  aay,  that  no  man  Jiving 
eu  with  to  express  to  you  more  strongly 
UiiQ  t  wifth  to  do  (we  have  indeed,  each  of 
111^  ^  ,-r.  %♦  nn  ititfTe«t  HI  the  truc  construc- 
boci  I- :  .  as  any  other  man  can  have 

mil)*  Uw  of  treason,  in  consider- 

ing tba  charge,  that  I  have  brought  before 
foa  aukr  the  command  that  has  authorized 
wm  tP  hm$  tl  here,  must  not  be  extended  one 
ittllr  if^ttj  beyond  \rhnt  is  the  cslabUshed 
law  u  tied  as  the  law 

Ut    V  ny     that   you 

hmtg^i  \  t  ^  ou  taay  j^ive  to  whom  you 

CScwii*!  '      ijent,  finding  several 

MfMifMlMJ  ;  separately,  though 

wdittr^*  -  1  particular  act, 

^tMtij  ,    has  tliarged 

f^it^  iind 

•li  -  :     .,.     vn  to 

veil  act  to  mii^ 

with  jiMcling 

inl    a 

-ft  to 

Wbt;  n]y  a 


A.  D.  HM* 


[258 


hut  to  be  held  ft  and  in  or^cr  that  the 

persons  to  be  at  tuch  convttttion  and 

meeting  should  and  mighty  wickedly  ttnd  (rai^ 
torotnli^,  without  and  in  drfiancc  of"  the  fiutho' 
rit^^  and  (tgaimt  the  »»//  qf  Ihe  parliament  of 
(hi*  Hn^dofft^  f^ulroett  itnd  niter  the  (egtdature^ 
r«/f,  and gtrrcrn/nrnt  estahlisfifd  in  tt,  and  4€* 
pose  the  king  from  (he  rnyal  itatef  titles  power ^ 
and  gmurnrntnt  thereof* 

It  then  charges  ihtin  with  having  com- 
posedf  written,  and  published,  and  caused  to 
be  composed,  written,  an<l  pubhshed,  divers 
books,  pamphlets,  letters,  instructions,  reso- 
lutions, orders,  dccbralions,  addrest^es  and 
writings,  such  hooks,  pamphlclSj  letters,  in- 
structions, res43lutions,  orders,  declarations,  ad- 
dresses and  writings,  so  respectively  composed, 
written,  published,  and  caused  to  be  composed^ 
written,  and  publis^hcil,  purporlins;  and  contain- 
ing therein  (among  other  things)  incitements, 
encouragements,  and  exhortations,  to  move, 
induce*  and  persuade  the  subjects  of  Itjc  king 
to  choose,  depute,  and  j^end  personi*^,  as  dele- 
gates, to  compo*^c,  not  a  convention,  but 
stCH  a  convention  and  raceling,  that  is^  a 
convention  to  ad  in  the  manner  that  the  first 
ot>€H  act  hat  stated  i/,  to  be  holdtn/or  the  f  rai- 
ioroui  purpoics  before  mentioned. 

It  then  Estates,'  as  a  thud  overt  act,  consul- 
lations  among  them,  how,  when,  and  where, 
tuch  convention  and  meeting  should  be  as- 
sembled and  held,  and  by  what  means  the 
subjects  of  the  king  might  be  induced  and 
moved  to  send  persons  as  delegates  to  con- 
stitute it. 

Il  then  charges,  that  these  persons  did  con* 
sent  and  agree,  that  Mr.  Joyce  and  several 
other  persons  named,  shojibf  meet,  confer, 
and  cO'Operate  among  themselves  and  with 
other  traitors,  to  cause  the  cahin|j(  and  assem- 
bling such  convention  and  meeting  for  suck 
traitorous  purposes. 

It  then  charges  the  providing  of  arms,  of 
different  descriptions,  fur  the^e  purposes ;  and 
then  it  charges  a  conspiracy  lo  make  war  in  tho 
kingdom,  and  it  charges  a  con spuacy  to  subvert 
ana  alter  the  legislature  and  government  of 
the  kingdom,  and  to  depose  the  king  t  that 
is,  as  I  understand  it,  that,  if  you  should  not 
be  satisfied  that  the  calling  such  a  convention, 
as  is  mentioned  in  the  first  part  of  the  indict- 
mcntt  was  a  mean  to  effectuate  that  com- 
passing and  imagination y  which  is  mentioned 
in  the  introduciury  p;krt  of  the  indictment. 
Yet  vou  will  find  in  the  cvidenct*,  whiclj  is  to 
be  laid  before  you,  even  if  you  pay  no  atten- 
tion lo  that  circumstiiicc  of  callinL;  a  conven- 
tion, sufficient  evidence  of  a  conf^jiruci/  to  de- 
pute the  king. 

It  fhrn  states  acr^in,  that  they  pyblished 
K'v  r  in  Alters  of  the  sara« 

kiii  .  about  the  traitorous 

J>urpo^LS  la^i  mcht^ntd ;  and  citargcs,  as  a 
arthrr  overt  act,  provuliug  arms  for  thai 
purpose. 

Now,  gentiemen,  havjim  before  stated  to 
you,  thai  a  conspiracy  ladcpojetheking,— 

;> 


259] 


35  GEORGE  III. 


Trial  of  Thonat  Hardy 


[S60 


ami  I  have  not  slated  it  to  you  in  my  owii 
vortl'^,  but  ill  the  words  of  the  authorities  I 
nicnlioiu;*!, — ihsit  a  ronvpiracy  to  depose  the 
kiiiLs  thiit  II  <  oiispiracy  to  imprison  tlie  iiiiip, 
a  Ciiiisjiiriuy  to  procure  an  invu.tion,  witli 
steps  tiikcM  \ii  eHcctuale  fucIi  a  conspiracy  (a 
coiii-pi-.u>  iinitrd  itncirij«:iiig  a  step  for  tliat 
piirpo^'f  J,  is  lie.ison ;  yoii  will  observe  that 
in  thi.-s  iii(ii(  tnicnt,  a  conspiracy  to  depose  the 
king  i>  t.yprr&^ly  charged,  and,  1  think,  it 
will  hf.  (Unrly  proved.  If  a  conspiracy  todc- 
pobC  the  kini;  he  an  overt  act  of  hiiih  treason, 
permit  me  th.vu  t^o  a^^k  yon,  what  can  a  conspi- 
racy to  suIjnmI  I  ill;  moiianliv  of  llir  country, 
incliidiiii:  hi  it  tli«  dcpo^ilh^n  (jf  the  kinu%  he, 
but  an  overt  .ut  c,f  liiLli  tna^on  r  In  the  (»b- 
jcct  of  such  a  con-pir.u  y  the  kinj;  is  nece*»'*a- 
rily  involved,  and  it  i-  already  shown  ih.it 
conspiiin:!  to  depo>je  him  is  compassing  his 
death. 

Cientlemcn,  read  as  yon  are  in  the  history 
of  the  countrv,  i-ive  \uv.  I»a\«-  lo  ask  you,  \( 
measures  had  been  taktn,  aii<T  the*  devolu- 
tion, to  cfli-ctuate  a  con>pir;icy  to  dethrone 
kinj;  WiJIiiini,  and  to  reMore  king  James 
^'itliout  all  donht,  the  measure  taken,  would 
Iiave  constituted  the  crime  of  liij;h  treason 
ivithin  the  clause  of  compassing  the  kinj^V 
death,  althoui^h  the  conspirator^  could  have 
been  shown  satisfurtorily  to  have  no  more 
meant  the  actual  nutural  death  of  kin;; 
AVilliam,  than  they  mrant  the  actual  natural 
death  of  king  .hnnes,  whom  they  intended  to 
replace  upon  the  throne— but  what  says  the 
law  to  that ;-  the  law  ^ays  you  cannot  mean 
to  depos«;  the  king  without  meaning  to  en- 
danger his  lili-,  and  if  you  mean  to  endanuer 
his  life  you  nni-jl  abide  theconsetpnnces  ot^^it. 

Tut  it  another  way — If  the  project  had 
been  to  depose  tlie  same  king  William,  and 
measure*^  had  been  tuken  nj)on  it — not  with  a 
view  lo  brintr  back  to  the  throne  king  James 
2d,  but  incniy  to  send  back  king  William  to 
his  former  ch.irartcr  of  I'rince  of  Orange,  and 
not  In  reslnrf  king  James,  but  to  restore  a 
connnonwcdth,  wliich  is  what,  I  think  I 
sliall  sili'-fv  you,  tho>e,  who  are  charged  by 
this  iniliitnunl,  meant  by  **  a  full  and  fair 
repreH'nl.'.li.)n  ol  the  p.euple,"  whether  you 
call  it  *•  a  lull  and  fair  repre.-entalion  of  the 
people  in  parliament,"  or  do  nuL  u^e  the  words 
"  in  jiarlrnnent,"  can  a  lawyer  be  found  to 
say,  that  it  (oiild  be  stated  in  law,  that  it  is 
not  hiuli  trea-on?  I  do  not  know  what  may 
not  be  >X'aU  d-  all  that  I  mean  to  say  at  pre- 
sent is  that  a(C(»rding  to  the  be>t  lights 
"which  I  can  L:rt  of  the  law  under  which  1  have 
lived,  it  doc."  not  :.pj»ear  to  me  lo  be  probable, 
that  any  man  will  so  state  it.  I'ar  be  it  from 
me,  how<-v(T,  to  have  the  vanity  to  say  that 
(avowiuLT  that  1  should  certainly  not  think  of 
encountering  the  curn'nt  authoiilies  of  the 
country  for  centuries)  I  am,  without  the  pos- 
sibUity  of  contnuliction,  slating  that  I  am 
following  the  authorities  of  the'  countrv  for 
centuries ;  l)ut  1  am  ready  to  sav  this,  tnat  I 
cannot  conceive  or  imagine  b)[  what  species  of 

wiling,  or  upon  wEat  priucipic,  or  upon 


what  authority,  il  is  to  be  contended,  that 
this  would  not  have  been  high  treason. 

Gtntfemcn,  take  \\  another  -wa^f— if  the 
regicides  of  kinc  Charles  1st  had  been  tried 
for  compassing  the  death  of  king  Charles  IsL 
supposing  they  had  only  deposeahim,  instead 
of  putting  him  to  dcatii,  could  they  have 
contended,  that  though  they  would  have  bees* 
guilty  of  high  treason  if  they  had  placed  an- 
other individual  upon  the  tlirone  (which  would 
have  been  alike  to  the  case  I  have  put,  of 
( ons|)iring  to  put  James  in  the  place  of  WU- 
liani),  coidd  they  have  contended  then,  that 
they  were  not  guilty  of  high  tieason,  because 
iIkv  deposed  the  king  without  substituting  an- 
other king  in  his  place;  and  because  they  left 
the  government  to  be  tilled  up  by  the  common- 
wealth, without  a  king  ? 

(.Ii\e  me  leave  lo  ask  another  thing — sup- 
pose  it  had  happened  after  king  William  came 
to  the  throne,  that  not  lluise  events,  which 
did  adually  happen,  took  place,  but  that  any 
set  of  men  in  tliis  country  should  have  ven- 
tured to  meet  in  a  convention  of  delegates 
from  iithliated  soci'-ties,  tor  the  purpose  of 
deposinij  king  William,  under  pretence  of 
as>embhng  a  convention  of  the  people,  having, 
or  claiming  the  civil  and  political  authority  of 
the  country,  and  intending  to  have  no  kingm 
the  country,  would  it  have  been  possible  in 
king  William's  time  lo  have  contended,  be- 
cause they  met,  under  pretence  of  being  a 
convention  of  the  people,  assuming  to  them- 
selves civil  and  political  authorily,  and  with 
such  meaning,  that  the  conspiracy  was  not 
a*  completely  a  compassing  the  death  of 
king  William,  as  if  tlie  conspiracy  had  been,  by 
the  same  persons,  in  the  case  of  afhliated  soci- 
eties, forming  the  like  convention  of  delcMtcs, 
to  bring  king  James  again  to  the  throne? 

If  I  levy  war  hi  this  country  against  the 
khig,  with  intent  to  bring  another  upon  the 
throne,  I  am  guilty  of  high  treason.  If  1  levy 
war,  that  is  an  overt  act  of  compassing  the 
king's  death.  If  f  conspire  to  levy  direct  war 
that  is  a  compassing  ot  the  kin<^\s  death,  ui^ 
less  all  the  branches  of  the  legislature  have 
put  a  man  to  death  upon  an  error.  If  I  hold 
a  fortress  *  against  the  king  lo  put  another 

*  "  Holding  a  castle  or  fort  against  the 
king  or  his  tri»ops,"  says  Mr.  Kast,  **  if  actual 
force  be  used  in  order  to  keep  possession,  is 
levying  war,  but  a  bare  detainer,  as  suppose^ 
by  shutting  the  gates  against  the  King  or  his 
tro<jps,  without  any  other  force  from  within, 
lord  Hale  conceiveth,  (says  Mr.  Justice 
I'oster),  will  not  amount  to  treason.  The  last- 
mentioned  judge  has  not  told  us  what  degree 
of  approbation  he  gives  to  this  instance  of  a 
detainer,  which,  as  he  says,  lord  Hale  con* 
ceives  not  to  be  within  the  statute. 


f  To  these  words  I  find  the  following  note 
by  Mr.  Hargrave,  in  his  copy  of  £ast*s  P.C. 
now  in  the  libraiy  of  the  British  Museum: 
■*  Note,  that  the  supposed  case  conies  fiom 
Fosleri  not  from  Uale,'' 


961] 


Jw  High  Treason. 


A.  D.  179k 


[262 


upon  his  throne,  I  am  guilty  of  high  treason. 
Am  I  guilty  of  noofi'eucc  if  £  do  the  &ainc  acts 
not  forthejpurpose  of  continuing  the  monarchy 
of  the  country  in  another  person,  but  for  -the 
purpose  of  destroying  the  monarchy  altoge- 
ther? What  is  this  but  doing  an  act  mvolving 
in  it  high  treason,  and  more?  High  treason 
in  deposing  the  king!  more — in  bringing 
about  all  that  additional  anarchy,  which  we 
knoWy  which  the  experience  of  mankind 
proves  to  be  consequent  upon  the  cliange, 
where  the  change  is  not  only  of  the  persons 
vho  administer  the  government,  but  of  tlic 
government  itself,  if  destruction  can  be  called 

Gentlemen,  to  assert  thercrore  that  mea- 
sures, taken  for  a  total  subversion  of  the  mo- 
narchy  of  the  country,  including  in  it  an  in- 
teation  to  depose  the  king  (mark  the  words,  I 
state,  including  in  it  an  intentioji  to  de^tose 

**  It  may  be  fairly  questioned,  whether 
there  be  not  many  instances  of  constructive 
levying  of  war  far  short  of  the  real  guilt  and 
consequences  of  such  an  act,  and  much  less 
within  the  true  meaning  ofthestat.  25  Kd. 
Srd?  Lord  Hale  prefaces  the  passage  in  question 
thus:  If  B.  either  Jortifj/  his  awn  h(tuse,  or 
the  house  of  another^  with  weapons  thfcnsive 
or  intasite,  purposely  to  make  head  against 
the  king,  and  to  secure  himself  against  the 
king's  regal  army  or  forces^  then  that  is  a 
^trying  rf  tear  againU  the  kin^.  He  then 
iTOcecds.  But  the  bare  detaining  of  the 
king's  castles  or  ships  seems  no  Ictying  of 
rcr  tcitkin  this  statute,  Ath\  his  lordship 
refers  to  a  subsequent  part  of  his  work,  where 
he  grounds  his  reasoning  solely^  on  the  stat. 
U  fjiz.  c.  1.  having  enacted  the  same  thing§ 
during  the  queen's  life.  This,  if  it  stood, 
alone  would  not  be  a  concUinivc  argument,  as 
might  be  proved  by  many  lyassage**,  as  well 


the  kin!:\  are  not  overt  acts  of  cninpassing 
the  kinj;'s  death,  merely  benni^'C  llw  >talntc 
of  Kdward  3rd,  lias  liot  included  all  overt 
acts  in  words,  but  as  left  to  juries  todctnrniine 
what  are  overt  acts,  by  which  they  (an  proba- 
bly attaint — to  assert  iliat  the  bUilute  does  not 
include  the  case,  because  it  ir;  coin  passing  the 
deatli  of  the  king,  «//(/  wore;  iftliis  were  to 
be  asserted  in  a  court  of  justice  (what  is  as- 
serted out  of  a  court  of  justice  no  man  pays 
much  attention  to),  1  should  certainly  say  of 
it,  that  it  was  the  assertion  of  those  who  had 
ill  considered  the  law;  and  if  ass(.Ttcd  out  of 
a  court  Oi' justice,  and  with  a  reterence  to  what 
is  to  be  done  in  a  court  of  justice,  I  should 
say  it  deserved  to  have  an  observation  of  a 
harsher  kind  made  upon  it. 

This  indictment,  besides  charging  a  conspi- 
racy to  depose  the  king,  in  express  terms,  of 
which  I  shall  insist  betore  you  there  is  abun- 
dant evidence,  charges  a  conspiracy  to  cull  a 

himself,  with  the  same  intent?  lur  the  man- 
ner of  pulling  the  first  case  suj>poscs  that  no 
resistance  has  been  actually  made.  f)n  the 
contrary,  is  not  the  latter  case,  put  by  lord 
Hale,  as  much  at  least  within  the  na^on  and 
contemplation  of  the  stat.  'io  Ed.  3rd,  as  the 
former  one  ?  Is  not  the  art  of  ibrtifying  a 
private  house,  which  may  happen  from  caprice 
of  a  more  equivocal  nature  in  it^^elf  than  that 
of  a  governor  of  a  fortress  refusing  to  deliver 
it  up  to  the  king  upon  his  sununons,  and 
shutting  the  gates  against  him.  A<imilting, 
that  this  latter  is  not  conclusive  evidence  of  a 
traitorous  intent  any  more  than  the  otiicr; 
yet  surely  it  seems  sutlicicnt  to  Ic.ivc  to  a 
jury.  Jt  is  holding  a  castle  af^mnst  the 
king,  which  is  as  much  an  act  tjf  hostility, 
and  a  throwing  oft'  of  the  allegi  luee  due  to 
of  the  ordinary  preparali*.ns  of 


hiin,  as  any 

-..g...  .^^  , J   J   , -a-,  -     war  are  admitted  to  fall  within  the  distription 

fts  by  the  express  declaration  of  the  same     of  levyiiig  war,  though  no  act  of  lor'C  has 
author.     I5csides  which,  that  statute  was  cer-     been  in  fact  exerted.     In  the  caj»e  of  I'lc  earl 


tainly  creative  of  new  treason;  lor  it  makes 
iht  wilful  and  malicious  burnmgof  the  queen's 
ships  treason,  without  any  farther  mialifica- 
tioo.  But,  most  of  ail,  I  fmd  it  dimcult  to 
reconcile  this  opinion  with  the  preceding  part 
fS  the  passage  which  I  have  referred  to;  for, 
supposing  a  treasonable  intent  to  exi'^t,  what 
.^uiid  distmction  can  there  be  belweena  man'b 
fortitying  his  own  or  anotlicr's  house,  pur- 
posely to  make  head  against  the  king,  and  to 
secure  himself  aguin>t  the  regal  Ibrces 
{which  is  admitted  to  be  an  overt  act  of  levy- 
ing war),  and  the  ca^^e  of  one  who  detains  the 
posrcssion  of  the  kiii::*s  own  fortress  against 

i  "  I  do  not  so  understand  lord  Hale.'* 
llarerave,  ut  sup. 

5  **  Not  quite  so ;  I  apprehend  lord  Hale 
j>uis  the  case  of  a  hare  detaining ;  the  sta- 
tute that  of  a  c2e/ainin^'  maliciously  or  rebclli- 
'Tvfy  with  force f  and  not  rendering  the  same 
KkAm  six  days  qfier  proclamation,'^  Har- 
graTc.iUiifp. 


of  Essex,  it  is  even  said,  that  keeping  armed 
men  against  the  king's  command  is  a  levying 
of  war  against  him  (but  this  mu^^l  be  uiider- 
stoofl,  that  the  purpose  for  which  thcv  were 
armed  was  treasonable),  whicli  is  a  far  less 
deci'-ive  act  of  opposition  than  the  ot'ser,  nnd 
lord  Hale  himself,  speaking;  in  .mother  ]>huc 
of  the  stat  '20.  II.  c  13,  say-,  th  it  iliat  p..rt  of 
it  whereby  tiie  rebellious  det.iiuin^  uf  the 
kin;5'scastic*«,  al'ter  summons  by  proclamation 
is  made  hiij;li  treason,  seems  to  be  l^^l^nn 
within  the  slat.  •^.'),  Kd.  :{rd ;  and  both  lord 
Hale  and  Toster,  J.  agree,  thai  if  the  bare  de- 
tainer be  done  in  cnntederacy  with  enesnios  or 
rebel',  that  cireumstanee  will  niuKt  ittrea>on, 
in  the  one  case  under  the  clause  oi  a«lhering 
to  the  kinz'*^  enemies, in  the  other  iiiuKr  that 
of  Icvyini;  war.  The  same  rule  applies  to  the 
delivery  up  of  a  ca**tle  to  rebels  or  enemies, 
by  treachery,  and  in  combination  with  ihem  ; 
but  not  if  it  happened  through  cowardice  or 
imprudence."  1  East's  Tlcas  of  the  Crown 
ch.  3,  s.  14. 


SS  GEORGE  IIL 

leonvention  againit  the  wilL  in  dijiance  nf^  and 

^mnsiihe  authority  of  parliafmnt^  for  the  pur- 

^  ou  qfdtpovwg  the  king ;  it  charges  farther  acts* 

pamely,  thut  they  caused  to  be  composed  and 

rritten  divers  books»  pamphlcls,  letters,  in- 

uctions,   resolutions,  oraers,   dcclarAtious, 

ddresses,  and   writings,  containing    incite- 

^toents,  induccmcDls,  and  exhortalionfi,  to 
move,  seduce,  and  ^tersuade  the  subjects  of 
ihe*4(in^  to  send  delegates  to  tuch  canvention  ; 
as  to  which  1  say  ut  many  of  them,  though 
I  did  not  know  their  real  character  till  I  had 
fieen  them  all  together,  that  they  arc  both 

I0vcrt  ajCtS|  and  evidence  of  overt  acts  of  high 

llreason. 

Now»  before  I  state  to  you  the  particulars 
Df  the  evidence,  I  am  afraid  I  roust,  however 
iinful  it  is  to  me  to  ask  so  ^reat  a  portion  of 
^our  attention,  trovible  you  with  some  general 

[observation^  that  I  think  will  have  a  lenden- 

ley  to  render  intelligible  to  you  the  complicate 

Ifd  mass  of  evidence,  which  I  have  to  lay  be- 

fibre  you. 

Gentlemen,  the  convention,  meant  to  be 
called  by  those  who  are  charged  with  the 
conspiracy  in  tbia  indictment,  was,  as  1  coU 
lect  from  the  effect  of  the  evidence,  a  conven* 
tion  of  persons,  who  were  to  assume  the  cha- 
racter of  a  convention  of  the  people,  claiming, 
fkt  such,  all  civil  and  political  authority,  pro- 
posing to  exercise  it  by  altering  the  govern- 
ment, otherwise  than  by  acts  of  the  present 
constituted  legisbture,  otherwise  than  by 
those  statiites,  according  to  which  the  king 

I  has  sworn  at  the  hazard  of  his  life  to  govern. 
Gentlemen,  if  tliis  Is  made  out,  it  appears 

J  fo  me  to  follow  necessarily  on  the  part  of  all 

|/|ivho  took  a  step  to  assemble  it,  that  they  are 

fuilty  of  a  conspiracy  to  depose  the  king,  to 
^  epose  him  from  the  character  which  he  hohls 
\  in  the  constitution  of  the  sovereign  power  of 
[this  kinedora,  as  by  law  established,  that  law 
I  l>y  which  I  again  repeat  to  you,  he  is  iwora 
f  to  govern* 

uentlcmen,  if  thay  conspired  to  assemble 
j  ina  conveniion,  which  was  of  its  own  autho- 
rity, and  against  the  will  of  the  legislature, 
»nd  in  defiance  of  it,  to  act  as  an  assembly  to 
i  iabtitule  a  government,  and  to  assume'  so 
iar  sovereign  power,  it  is,  I  conceive,  accorrl- 
ing  to  the  law  of  England,  a  conspiracy  to  de- 
>  pose  from  the  sovereignty  hira,  who  under 
'  the  restraints  of  the  constitution  and  the  law, 
flow  holds  thut  sovereignty.    There  cannot 
be  two  sovereign  powers  xn  a  state;  there  may 
lie  a  compi legation  of  authorities  vested  in  a 
great  variety  of  persons,  making  up  one  sove- 
r  'V         iiinot  be  two  sovereign 

^  ]"jssib|e.  If  a  meeting 

1 1  uion  of  the  people,  arro- 
|n  s  all  civil  and  political  au- 

til.    -.   ...i  meaning  to  <t}i^crctse  it, 

i)nc  or  other  ot  these  consequences  must  fui- 

iha    Vmi   iilxl    iJh;    [niriLniuTit    inuvf  l.r 


Trial  of  Tliomiti  Nard^ 


[26* 


be  obedient  to  the  king  and  parliament,  if 
cannot  effect  its  purposes ;  it  is  impossible  :  If 
its  purpose  be  to  depose  tlie  king,  1  say,  a 
conspiracy  to  call  such  a  meeting  is  an  overt 
act  of  high  treason* 

Gentlemen,  1  beg  your  attention  to  my  ex- 
pressions :  if  the  meeting;  means  to  oblige  tlie 
king  and  parliament  to  be  obedient  to  them 
by  the  exertion  of  open  force,  though  it  may 
not  effect  its  purpose,  that  makes  no  difference, 
the  law  must  be  the  same^ — I  may  be  ivrong 
perhaps  in  stating  the  law,  but  it  appears  to 
me  that  the  law  must  be  the  same  if  the 
meeting  projects  the  purpose,  whether  the 
force  ofthe  meeting  is  sumcicnt  to  effect  the 
purpose  or  not. 

This,  I  say,  is  a  conspiracy  to  assume  Ih© 
sovereign  power:  it  is  a  conspiracy  therefore 
of  necessity  meant  to  depose  the  existing 
power,  and  of  necessity  to  depose  the  king* 
I  say  meant  to  dei>ose;  for  1  repeat  it,  that 
whether  the  conspiracy  is  auccessfui  or  not|  b 
immaterial. 

Gentlemen,  though  the  particular  fact  of 
calling  such  a  convention,  now  alleged  as  an 
overt  act  of  treason,  may  be  represented  to  bo 
new  in  the  history  of  this  country,  it  is  not 
therefore,  and  because  it  is  new  oi  i '  i:h 

as  it  is  more  than  ordinarily  audu  m 

overt  act  of  compassing  the  death  ur  ut  posi- 
tion of  the  kiuL!;,  if  the  intent  of  it  was  to&ub- 
vert  the  sovcrciEn  rulinjj  power. 

Gentlemen,  there  is  another  distinction,  to 
which  I  would  beg  your  attention.  It  is  of 
no  c(jnse«]u*Micc  whether  the  first  rneetfngi 
proposed  to  be  assembled,  wot  dt  signed  to  be  a 
I'onvention^  thai  should  assume  all  civtl  and  po- 
ltlicaluuthoritif,ot  was  onlt^  to  devise  the  meunM 
of  forming  a  constituent  assemhlif^  a  bod^  whick 
should  assmne  it ;  for  any  act*  taken  towaids  i 
assuming  it  against  the  will,  in  defiance 
and  against  the  authority  ofthe  king  and  , 
Uament,  and  removing  him  from  that  ii 
tion  in  the  character  of  sovereign,  wHtdi  ho 
has  in  this  country;  any  act  takeQ  towards 
the  formation  of  a  body,  which  was  toas&ume 
such  authority,  is  an  act  of  conspiring  the 
deposition  of  the  king :  any  act  towards  coi^ 
veninga  national  assembly,  to  art  uitK  >o. 
vereign  power,  not  formed  by  li  iie, 

is  an  act  done  towards  deposmg '  ^,  who 

now  has,  under  the  restraints  of  the  constitu- 
tion, and  the  provisions  and  limitations  of  llie 
law,  the  sovereign  power  vested  in  him.  You 
cannot  set  about  organizing  a  body,  which  is 
thus  to  act,  without  meaning  to  depo^  the 
king,  without  meaning  to  form  a  bony  that  is 
to  usurp  the  powers  ol  government. 

Gentlemen,  I  think  the  evidence,  lliat  I 
shall  lay  before  you,  will  most  abundantly 
satisfy  you  that  tlie  convention,  which  Uie 
persons  ch"ir'.""^  f  v-'"-^-'  tr  +■  -'i  ■rasarorj- 
vcntiun  to  :  ,ic  *ovc 


!»lTtl«» 


Ti'l^n   tJiiWi  r 


^•^  to 


the  kiti^  aiid  p^iU^UAtUii  i  It  iUo  meclu)^  la  tu  I  founded  u|*gu  umvetaiii  9uiinife|  vaiX  the  ai« 


"'  ••^'" 


leged  unalienable,  and,  as  tliey  arc  called,  ini- 

prescriplibie  rights  of  man,  all  the  legUlatkc 
amd  eiccvtive  goremntcnt  of  the  ctmntrj/  ;  that 
»  con*uirai  \  tu  ibis  end  would  be  an  overt  act 
of  hijgh  ireiison,  I  prCMime  cannot  be  disput- 
ed ;  It  tlejiuf^es  the  king  in  the  de&truclion  of 
the  r*  ipil  aliice  in  the  constitution  of  tlie 
State. 

Gentlemen,  I  go  farther  i  if  it  had  been  in- 
tended la  have  retained  the  name  and  office 
of  the  kitig  in  the  tounlrv,  and  to  have  re- 
tained It  itj  the  person  of*  the  present  king, 
creatint^,  however,  b}-  the  anlhority  of  the  in- 
tended  'ctinvtniiijn.  a  new  kaislatnre,  to  act 
iwith  him,  provided  ihey  would  allow  him  to 
act  with  such  new  legist,iture,and  thus  calling 
upon  him  to  act  against  the  express  obliga- 
tions ol  his  coTrmalioo  oath,  if  he  could  forget 
it,  it  *jiill  would  have  been  a  conspiracy  to 
depose  him  from  his  royal  aulhorily,  as  now 
cftlablished:  It  he  refused  to  act,  he  inusl  ne- 
cessarily be  deixjsed  from  that  authority  ;  if  he 
did  accept,  he  wus  not  the  king  of  England, 
as  he  is  e<^tablished  by  law  the  king  of  Eng- 
land. But  he  could  not  accept;  he  could  not 
so  govern ;  he  i*»  sworn  not  so  to  govern;  he 
must  refuse,  must  resisit,  and,  in  consequence 
of  resisting*  his  life  must  be  in  danger. 

Take  it  eUhcr  way,  that  per*^ons  conspired 
to  form  a  convention  to  assume  all  civil  and 
political  authority,  as  pretending  to  be  a  con- 
vention of  the  people  (I   care  not  with  how 
rnuch  a*Kbctty  they  pretend  to  he  a  conven- 
tion of  the  people),  or  to  devise  the  means  of 
constituting  suth  a  convention,  in  order,  and 
v/ith  the  intent,  and  against  ihe  authority  of 
parhamcnt,  that  there  should  be  no  king,  or 
m  order  to  the  erecting,  by  their  own  autho- 
rity, a  new  legislature  to  act  together  with  a 
king,  and  together  with  the  king,  if  they  per- 
mitted the  preterit  to  be  the  king^  I  submit 
that  such  a  conspiracy  is  an  overt  act  in  the 
true  constniclion  of  law,  and  high  treason  in 
compassing  the  king's  death,    1  lie  king  must 
be  deposecT  while  such  a  new  constitution  was 
iraming  j  he  could  not  treat  with  such  a  con- 
tention till  he  had  been  deposed ;  it  could  be 
those  only,  that  had  sovereign  authority,  that 
could  frnmc  a  constitution:  "then  he  is  surely, 
by  this,  despoiled  of  his  kingly  government, 
rcvcn  as  in  a  case,  of  temporary  miprisonment. 
I  repeat  again,  that  he  coy  Id  not,  consistently 
Irith  ivis  coronation  oath,  do  otherwise  than 
reject  it  when  framed:  it  must  be  taken  for 
granted  he  would  reject  it;  his  Ufe,  therefore, 
could  not  but  be  in  danger.    To  suppose  that 
^  mch  a  meeting,  which  proposed  a  new  con- 
ititution^  would  depart  quietly  home,  and  not 
l/Cty  if  it  was  not  accepted,  is* out  of  the  reach 
of  ill  human  credulity ;  it  is  not  according  to 
the  ordinary  course  and  experience  of  man- 
ikindy  to  suppose  that  they  should  meet  in 
[ iftumbcrs,  and  make  no  use  of  their  numbers, 
I  if  the  show  of  them  did  not  produce  the  effect 
\  intended :  this  is  not  according  to  the  ordinary 
course  and  experience  of  mankind.  . 
Gentlemen,  the  king  ia  bi5  parliaiucDt 


could  not  be  the  sovereign  power  the  moment 
the  meeting  coidd  act  as  a  national  consti- 
tuting assetnbly,  or  could  direct,  with  effeci, 
such  an  assembiy  to  meet.  Tlie  power  so  to 
act,  or  to  organize  with  effect  such  a  mccling 
that  should  so  act,  must  pro  tempore  depose 
every  other  power.  This  is  the  character  of 
a  convention  of  the  people,  I  think,  as  given 
in  the  evidence  I  have  to  lay  before  jott. 
With  respect  to  the  defendant,  I  think  I  shall 
satisfy  you  he  conspired  to  call  such  a  conven* 
tion ;  and  that  he  said  that  the  convention, 
which  I  am  to  call,  is  inesislible,  it  ia 
unlimited,  it  is  uncontrollable,  and  that  bjr 
such  a  convention,  my/w//  andfuir  represen- 
tation of  the  people^  or  a  full  and  fair  repr^ 
lentalhn  in  paf/trimenl  (if  you  choose  to  take 
that  expression,  for  it  Is  not  mere  expression 
that  determines  what  men  mean),  is  to  be 
accomplished. 

Gentlemen,  in  the  country  in  which  I  am 
speaking,  when  a  vacant  throne  was  Eiveo  (I 
am  now  alluding  to  the  time  of  kingWiltian^ 
by  those,  who,  as  they  are  stated  m  the  Bill 
of  Rights,  represented  alt  the  estates  of  the 
people  of  this  realm,  to  king  William  and 
queen  INfary,  they,  who  gave  It,  ceased  to 
have  or  to  exercise  the  power  of  sovereignty  : 
in  that  instant,  as  every  lawyer  must  speak  of 
it,  in  that  instant  the  sovereign  power  of  this 
country  became  vested  in  the  king  and  qticcm 
upon  tlie  throne,  to  be  exercised  in  legislation, 
undoubtedly,  with  the  advice  and  consent  of 
parliament,  formed  according  to  the  law  and 
custom  of  the  country — incapable  of  being 
exercised  otherwise,  and,  as  to  the  executive 
authority,  exercised  under  the  control  of  pro- 
visions and  limitatioi^s  of  the  law  and  consti- 
tution, and  with  the  advice  which,  in  every 
act  which  the  king  does,  makes  somebody 
responsible. 

1  insist  that  the  design  of  conspiring  to 
as  scumble  the  people,  who  were  to  act  as  a 
convention  of  Ihe  people,  claiming  all  civil 
and  political  authority,  or  claiming  power  to 
alter,  against  its  will,  ihe  constituted  legisla* 
ture,  or  a  meeting  to  form  the  means  of  bring- 
ing together  such  a  convention  so  to  act,  is  an 
attempt  to  create  a  power  subversive  of  the 
authority  of  the  kin^  and  parliament,  a  power, 
which  he  is  bound  by  oath  to  resist  at  all 
hazards.  But  it  will  not  rest  here :  this  will 
be  sufhciently  proved ;  but  evidence  will  like- 
wise be  offcreu  to  you  as  satisfactory  to  prove 
that  the  express  object  of  calling  this  conven- 
tion, the  express  object  of  appointing  a  com- 
mitte  of  conference  and  co-operation,  which 
was  to  devise  the  means  of  constituting  such 
a  convention,  was  ultimately,  and  finally, 
and  in  their  prospect,  the  deposUion  of  the 
king. 

Gentlemen,  beyond  this,  and  supposing  it 
not  to  be  proved,  tlie  indictment  has  charged 
as  overt  acts,  a  conspiracy,  without  the  mean 
of  a  convention,  and  not  through  that 
medium,  to  depose  the  king ;  if  that  conspi- 
racy is  made  oat  by  olhet  aA^Mbssv^^^^^^asx 


'^'    »^^-^ 


267] 


S5  GEORGE  lU. 


Trial  of  Thomas  Hardif 


[S68 


a  convention,  assuming  all  political  authority, 
nor  a  meeting  to  devise  the  means  of  callinjg 
a  convention,  which  should  assume  all  politi- 
cal authoritv,  was  intended^  yet  the  indict- 
ment is  made  good. 

Gentlemen,  the  indictment  farther  charges 
as  an  overt  act  of  compassing  the  king's 
death,  which  without  question  it  is,  the  con- 
spiracy to  levy  war;  I  do  not  mean  con- 
structive war.  This  I  state,  without  question, 
to  be  an  overt  act  of  compassing  the  king's 
death.  A  rising  to  oblige  the  king  to  aher  his 
measures  of  government  amounts  to  levying 
war  within  the  statute.  A  conspiracy  to  levy 
war  for  this  purpose  is  an  overt  act  of  com- 
passing the  king's  death.  If  they  conspired 
to  form  a  representative  government,  excluding 
the  king  entirely,  which  I  say  is  the  fact,  or, 
if  they  conspired  not  to  form  a  representative 
government*  excluding  the  king  entirely,  but 
yet  to  compel  him^  by  their  own  strength  and 
force,  to  govern  with  others,  and  without 
those,  whicn  he  chose  to  remain  with  him,  by 
whose  advice  and  consent  alone  he  is  sworn  j 
and  bound  to  govern,  I  mean  the  great 
council  of  the  nation,  the  Lords  in  Parliam.ent 
•ssembledy  the  Commons  in  Parliament  as- 
fr.ipMft(1y  according  to  the  constitution  of  the 
eountry,  and  to  substitute  against  his  will, 
and  a^inst  the  will  of  the  present  constituted 
authority  of  the  country  another  authority, 
formed  on  the  principles  of  universal  suflVage 
and  annual  representation,  and  so  formed 
without  the  authority  of  parliament,  X  must 
submit  to  the  court,  and  to  you,  that  conspir- 
ing to  do  this  would  be  an  overt  act  of  treason 
of  deposing  the  king,  and  therefore  of  com- 
passing his  death. 

Gentlemen,  you  will  also  observe  the 
indictment  has  charged,  and  proof  will  be 
offered  to  you  to  make  it  out,  that  these 
objects  were  meant  to  be  carried  by  force,  by 
actual  force. 

Gentlemen,  the  case,  as  I  have  hitherto 
represented  it,  is  not  a  case  aiming  merely  at 
intimidating  the  legislature,  and  inducing  it 
by  an  act  done,  which  was,  according  to  the 
forms  of  the  constitution,  to  bury  the  consti- 
tution in  its  grave,  to  new-mould  the  sovereign 
power ;  the  case  goes  far  beyond  this ;  appli- 
cation in  any  shape  to  parliament  was  not 
only  disavowed,  but  the  very  competency  of 
parliament,  if  applied  to,  to  make  a  law  to 
new- model  the  government,  was  disputed, 
and  denied ;  the  idea  of  that  competency  was 
held  to  be  irreconcilable  to  the  very  principle 
upon  which  these  persons  assembled.  I 
must  however  insist,  and  I  mean  to  do  it,  with 
the  full  concurrence  of  my  humble  opinion, 
that  a  conspiracy  to  compel  the  king,  by  force, 
against  his  will,  to  give  his  assent  to  an  act 
obtained  from  the  iTouses  of  Parliament  in 
order  to  alter  the  government  andfirame  of 
the  constitution  of  the  country,  whether  it 
was  obtuned  from  the  two  Houses  of  Parlia- 
menty  or  either  of  them,  by  overawing  them, 
or  not  overawing  theov— thai  a  conspsacy, 


by  force,  to  compel  the  king,  in  the  exercise 
of  the  highest  and  most  essential  act  of  the 
sovereignty  of  this  country,  in  the  act  of  giving 
his  consent  to  such  an  act,— to  compel  him, 
by  force,  to  do  that,  is  unquestionably  an 
overt  act  of  treason  in  deposing  him,  and  in 
compassing  his  death.    It  is  neither  more  nor 
less,  to  explain  it  in  a  word,  than  to  substitute 
the  will  ot  tlwse,  who  conspired  to  force  him, 
in  the  room  of  that  royal  will,  in  which,  and 
by  which  alone,  the  iaws  of  this  country,  and 
the  constitution  of  this  country,  have  said 
that  a  bill  ^however  obtained  before  it  comes 
to  him)  shall  receive  the  authority  of  a  statute. 
Gentlemen,  I  have  thought  it  necessary  to 
state  thus  much  before  I  come  to  state  the 
circumstances  of  the  case,  and  I  will' state  to 
you  in  a  word  why.    It  is  not  to  be  expected 
by  persons,  who  execute  the  great  and  impor- 
tant duty  in  the  great  and  important  station, 
the  functions  of  which  you  are  now  called 
upon  to  execute,  that  council  at  the  bar  shall 
be  able  to  state  to  3'ou  law,  that  no  man  can 
question  the  soimdness  of:  nay,  gentlemen,  it 
is  not  to  be  expected  by  you  that  counsel  at 
the  bar  should  be  able  to  state  to  you  in  all 
cases  law,  which  men  of  grave  character,  and 
excellent  understandings,  of  great  reason,  and 
great  experience  in  their  profession,  may  not 
dispute  tne  soundness  of    It  is  the  duty  of 
counsel,  more  particularly  it  is  the  duty  of 
that  counsel,  who  ought  to  remember  that,  if, 
in  nrosecutine  the  subject,  he  presses  him 
unfairly,  he  betrays  in  the  most  essential 
point  the  duty  which  he  owes  to  the  sove« 
rci^n :  it  is  his  duty  to  endeavour  faithfully 
and  honestly  to  explain  and  expound  the  law, 
that  is,  to  apply  to  the  facts  of  the  particular 
case,  reasoning  upon  the  law,  accormng  as  he 
is  able  to  do  it,  in  the  exercise  of  painful 
industry,  exerted  under  the.  reflection  that  he 
is  under  much  obligation  at  least  to  endeavour 
to  represent  the  law  truly. 

Ocntlemcn,  I  have  thought  it  my  duty,  in 
a  prosecution,  the  principles  of  which  interest 
the  civil  happiness  of  all  mankind,  to  mention 
distinctly  and  fairly  what  are  j^the  principles 
upon  which  I  proceed;  I  have  n(»  doubt  in 
my  own  mind,  but  that  I  have  stated  these 
doctrines  as  the  law  of  England  would  state 
them,  and;  I  claim  from  you  and  from  the 
public  that,  in  the  fair  exercise  of  my  duty, 
conducted  under  such  a  sense  and  understand- 
ing of  that  duty,  as  I  have  now  explained  to 
you,  you  and  they  will  do  me  the  credit  at 
least  to  think,  that  the  principles  which  I 
have  stated  are  such  as  I  believe  to  be  sanc- 
tioned by  the  law  of  England. 

Gentlemen,  I  shall  presume  for  a  moment, 
after  having  read  to  you  the  indictment,  and 
given  you  that  exposition  of  it,  which  I 
numbly  offer  to  your  attention,  that  the  law 
has  ^at  least,  according  to  my  judgment,  it 
certainly  has)  been  compliecf  with  in  this 
respect;  namely,  the  indictment  lias  told  you 
witn  sufficient  certainty  what  it  is,  that  is 
meant  to  be  imputed  aa  an  overt  act  of  com* 


969] 


Jot  High  Treason* 


passing  the  king's  death.  It  is  not  necessary 
to  be  disputing  that  now,  because,  if  I  have 
foiled  in  the  due  execution  of  m^  duty  in  that 
respect,  the  prisoner  cannot  be  nijured  by  it. 

(ientlemen,  1  have  before  said  to  you, 
that,  in  a  case  of  high  treason,  tb.c  evidence 
must  nut  only  be  convincing,  hut  it  must  be 
formal ;  and,  though  the  object  of  the  security 
of  the  person  and  government  of  the  king  is 
the  highebt  object  that  the  law  has  looked  to, 
yet  1  must,  at  the  same  time,  inform  you, 
that  the  law  for  the  security  of  the  public, 
which  is  iu  truth  part  of  the  object  involved 
in  the  ot'fcct  of  the  security  of  the  person  and 
govcmmcnl  of  the  kin"; — is  csseutially  united 
with  it— and  inseparable  from  it:  the  law  has 
required  not  only  that  you  shall  have  one 
witness,  if  he  were  the  most  credible  man  in 
the  world,  to  give  convincing  evidence  of  the 
fatty  but  that  that  convincin^^  evidence  must 
be  rendered  yet  more  conclusive  by  the  testi- 
mony of  two  witnesses ;  that  you  should  at 
least  have  one  witness  to  one  overt  act,  and 
tsothcr  to  another  overt  act  of  the  same 
kpecies  of  treason. 

Gentlemen,  having  stated  to  you  the  pro- 
ject, in  a  general  way.  to  which  I  apprehend 
this  indictment  applies,  I  presume  that  you 
may  possibly  reason  thus :  When  this  incfict- 
ment  charges,  that  these  persons  compassed 
the  death  of  the  king,  and  to  depose  him, — 
that  they  conspired  to  assemble  a  convention 
in  defiance  of  the  authority  of  parliament, — 
to  subvert  the  rule  and  government  of  the 
kingdom,  against  the  will  and  in  defiance  of 
the  legislature, — to  dethrone  the  monarch, 
reigning  in  the  hearts  of  a  great  majority  of 
his  people,  you  will  naturally  ask,— by  what 
process  was  it,  that  such  persons  as  these 
could  cffcctiKite  such  a  purpose  ?  When  the 
indictment  charges,  that  they  composed  a 
great  variety  of  books,  containing  incitements 
to  choose  persons,  as  delegates,  to  compose  a 
convention  for  such  traitorous  purposes, — in 
what  language,  you  will  naturally  ask,  could 
such  incitements  to  such  a  momentous  project, 
have  been  conveyed,  and  to  whom  could  that 
language  have  been  addressed?  When  it 
charges,  that  they  met,  and  deliberated 
among  themselves,  together  with  divers  other 
falM;  traitors, — at  what  time,  in  what  manner, 
and  in  what  place,  it  may  be  asked,  have 
these  )Mwplc  met  to  deliberate  upon  that  pro- 
ject, for  the  accomplishment  of  which  so  many 
persons  must  be  engaged? — By  what  means 
were  they  to  bring  together  the  subjects  of 
the  country,  to  bend  delegates  to  such  a 
traitorous  convention,  to  assume  such  sove- 
reign power?  This  sort  of  question  may  be 
purbued.  I  shall  not  pursue  it  by  observa- 
tions upon  every  overt  act  in  this  indictment. 

Now,  gentlemen,  my  answer  to  this  is  a 
short  one.  I  think  it  will  be  proved  to  your 
satisfaction,  tliat,  as  tliey  meant,  in  the 
words  of  the  act  of  parliament,  to  introduce 
that  svstem  of  misery  and  anarchy,  which 
prtviifed  'm  France,  they  meant  to  introduce 


A.  D.  1794.  [27if 

it  by  the  same  means,— to  proceed  upon  the 
same  principles  to  the  same  end, — ana  by  tiie 
same  acts  to  execute  the  same  purposes. 

Gentlemen,  if  the  experience  of  Europe  had 
not  manifested  what   has  passed  in  France 
(and  this  project  might  perhaps  be  brought 
from  France  into  Great  Britain  by  but  an  m- 
dividual  or  two),  if  that  experience  had  not 
shown  us  what  has  passed  in  France,  to  the 
destruction  of  its  old  government— to  the  de- 
struction alike   of  that   government  which  ; 
they  substituted  in  the  room  of  its  old  go-    \ 
vernment— and  which,  in  the  last  act  of  its   | 
power,  protested  against    I  he    existence   of  ^ 
clubs,  as  incompatible  with  the  security  of  I 
any  country,  I  say,  till  the  subversion  of  go-   ? 
vernment  iu  France  took  place,  and  upon    \ 
principles,  to  a  blind  admiration  of  which  xq    j 
this  country, — a  country  which,  under  the  pe»   f 
cuHar  favour   of  Providence,  is  alike  in  its    ' 
blessings,  as  it  is  in  its  situation,  **  toto  divisot    '. 
orbe  Britannoit,^'  we  have  found  a  disposition 
to  sacrifice  all  those  blessings — it  could  not    ; 
perhaps  have  entered  into  the  heart  of  man    ■ 
to  conceive,  that  a  project  so  extensive  should    < 
have  been  set  on  loot  by  persons  in  nrnnber    : 
so  few ; — that  a  project,  existing  almost  every    i 
where,  should  yet  be  visible  no  where; — that 
a  project  should  be  so  deeply  combined,  and 
complicated, — should  exist  to  such  an  aiOMnt 
inconceivable  extent, — should  be  formed  with 
so    much  political  crafl — it  could  not  enter 
into  the  heart  of  man  to  conceive,  that  it 
should  have  existed  in  any  country,  much 
less,  that  it  was  possible  that  it  should  exist 
in  this  country  ot  Great  Britain  to  the  extent 
in  which  I  am  sure,  whatever  your  verdict 
may  say  upon  the  guilt  of  the  prisoner,  you 
will  be  satisfied  it  has  existed  in  tliis  country. 

But  the  law  of  England  does  not  require 
that  any  such  case  as  this  should  be  proved 
before  you.  If  you  arc  satisfied  tliat  what 
the  indictment  charges  was  imagined,  and 
that  a  step  was  taken  to  efiectuate  that 
intent,  it  is  enough — it  is  not  the  extent,  in 
which  the  project  was  proceeded  upon — it  is 
not  the  extent  to  which  tlie  project  was 
ruinous  —it  is  not  necessary  to  prove,  that  the 
means  were  as  competent  to  the  end  pro- 
posed, as  they  were  thought  to  be,  by  those 
who  used  them.  No,  gentlemen,  the  provi- 
dence of  the  law  steps  in  upon  their  first  mo- 
tion, whether  they  furnibh  themselves  with 
means  adequate  or  inadequate  to  their  pur- 
poses—the  law  steps  in  then,  conceiving  its 
providence  at  that  moment  to  be  necessary 
for  the  safety  of  the  kin^  and  the  security  of 
the  subject. 

The  project,  the  general  character  of  which 
I  shall  give  you,  proving  it  by  the  particular 
facts,  and  applying  the  particular  facts  (for  I 
have  no  rignt  to  give  you  the  general  project, 
unless  1  can  so  apply  the  particular  tacts)  to 
the  person  now  accused,  seems  to  me  to  have 
been  this.  Imported  from  France  in  the 
latter  end  of  the  year  1791  or  1793,  by  whom 
brought  hither  it  does  not  much  matter,  the 
§ 


inlent  was  to  constitute  in  London,  witli 
affiiiate*!  societies  in  the  country,  clubs  which 
were  to  govern  this  country  upon  the  princi- 
ples of  the  French  government,  the  alleged 
uoalieDabler  imprescriptible  rii^hts  of  man, 
such,  as  they  are  stated  to  he,  luconsistcnt  in 
the  very  nature  of  them  with  the  being  of  a 
king  or  of  lords  in  a  government — deposing, 
Iherefore,  the  moment  they  come  into  cxeru- 
lion,  in  llic  act  of  creating  a  sovereiu;n  power, 
cither  mediately  or  immediately,  the  king, 
and  introducing  a  republican  government 
with  a  right  of  eternal  reform,  and  therefore 
MPilh  a  prospect  of  eternal  revolution. 

Gentlemen,  we  have  all  heard  of  a  club 
called  the  Jacobin  Chjb  al  Paris.  Thi!»,  with 
its  affiliated  socielies,— -however  impossible  tt 
liras  thought  that  it  should  effect  such  things, 
—however  wild  the  man  would  have  been 
thought,  into  whose  head  ii^uch  an  imagina> 
tiott  could  have  entered  as  that  it  could  effect 
them»  first  overset  the  old  constitution,  then 
introducct!  another,  which  could  not  exist 
upon  the  principles  which  gave  it  birth,  and 
has  finally  introduced  government  afler  go- 
vernment, till  it  has  at  last  left  the  country 
in  that  nndescribable  state  of  things  in  which 
we  now  see  it. 

Gentlemen,  the  great  end  of  the  persons 
coDcerocd  in  this  project,  though  not  alto- 
gether visible,  or  not  much  disclosed  upon  its 
first  formation,  was,  when  they  had  suih- 
ciently  diffused  their  principles  through  tins 
country,  bv  artifice, — by  union,— by  combi- 
DaUon,  —  by  aOiliation, — by  fraternization 
(those  who  formed  the  project,  whoever  they 
were,  endeavouring  to  force  it  into  execution 
by  means  which  perhaps  would  shock  the 
minds  of  men  that  are  not  always  dwelUng 
upon  political  subjects),  to  assemble  a  con- 
vention of  delegates  from  clubs,  to  assume 
the  power  of  the  people,  supported  in  the 
assumption  and  exercisjc  of  that  power  by 
the  individual  members  of  the  aflSliated  so- 
cieties, and  by  their  combined  strength. 

Gentlemen,  we  have  no  occasion  in  this 
cause  to  be  disputing  upon  abstract  questions, 
MS  to  the  power  of  the  people  to  change  their 
[  ^vcrnment.    I  state  to  you,  that  the  iuten- 
I  lion  was,  to  assemble  a  convention  of  dele- 
I  gates  from  those  clubs^  to  assume  the  powers 
I  of  govcrnmeot.    The  people,  the  infinite  ma- 
jority of  the  people  adverse  to  any  change, 
jj;„^„_..:  I  :^^  i    t,.-,v  ti     »-  --  \j^  the  admi- 

t  lid  vices  in  tlie 

an^Jently  attached  to  the    oM 
must  have  bern  averse  to  have  i .        ,_.,,_. 
by  a  convoiilion  of  the  delegates  from  these 
suciciics,  wlio  meant  to  have  ai^umcd  tlic  re- 
r  J  of  the  people,  and  to  have  cxcr- 

VI  powers  which  they  stated  to  be  in- 

hoft;iat  iu  il)OM  whum  tliey  piofcs^d  to  re- 
prevent. 


bow  jviii/c>uiii  h^^i^u  iiiai  uit  ojiuuc/a  ut.ihue 


Trial  i/  Thomas  Jlardif 

fraternizing  societies  should  have  the  force  of 
the  will  of  a  majority  of  the  nation,  though 
they  constituted  a  vast  and  infinite  unnonty 
indeed.  You  will  find,  in  the  evidciKe  to  be 
laid  before  vou,  th»t  it  was  j^erfee  tJy  under* 
stood  how  this  might  be  l>y  those  who  are 
named  in  this  indiduient.  The  ^reat  bulk  of 
the  community,  cngic;ed  in  diftt'ieut  puriuils^ 
are  therefore  iacapahie  of  being  comlnncd  ia 
opfioMtion  to  ihe  execution  of  a  purpose, 
which  is  to  be  brought  abuutby  great  bodies 
of  men,  thai  are  combine<).  I  need  not  give 
you  a  J I  rouge r  instance  of  it  than  thi%: — Ii  is 
within  the  memory  of  rnost  of  us  hving,  that 
a  few  thousand  men  in  St.  GcorijeV fields, 
combined  in  one  purpose,  reduced  this  metro* 
pohs  to  an  absolute  state  of  anarchy,  a  state 
m  which  no  government  exi'-ted  *  If  any 
man  had  been  a-sked,  a  fortnight  before  the 
event  to  which  1  am  now  alluding,  Is  it  pos* 
sible  for  four  or  five  tliou<§and  men  to  assem- 
ble in  8t.  George's  iietds,  and  to  rob  and 
plunder  every  bo<ly  they  choose  in  London 
and  ten  miles  round  it?  That  would  have 
been  thought  utterly  impossible — but  yet  it 
happened — why  ?  because  a  combination  of 
the  few  will  subdue  the  m^inv,  who  are  not 
combmed,  and  with  great  facility;  and  com- 
bined bodies  of  men  have  had,  as  you  w^dl 
find,  an  existence  in  this  country,  to  an  ex- 
tent which  few  men  had  any  idea  of 

You  will  find  them  or^nized, — prepared 
for  emergencies  and  exigencies, — relymg  upon  ,  y 
their  own  strength, — determined  to'acl  upofi  y 
tlieir  combined  strength,  in  a  system  of  act- 
ing together, — in  some  instances  acting  with 
a  secrecy  calculated  to  elude  observation— in 
other  instances,  proceeding,  by  directly  con- 
trary means,  to  tne  same  end^  "representing 
their  numbers  as  greater  than  \4*ey  were,  and 
therefore  increasing  their  number  by  the  very 
operation  of  the  uiHuence  of  the  appearance 
of  strength  upon  the  minds  of  others,  without 
a  possibility  that  tliat  misrepresentation  should 
be  set  right.  You  will  find  them  inffaming 
the  ignorant,  under  pretence  of  enlightening 
Ihem  ; — debaoching  their  principle^  tou-ards 
their  country,  under  pretence  of  1 1  >- 

hticat    knowledge    into  them ;  —  tj^ 

tliemsclves  principally  to  those  whobc  ngiitf^ 
whose  interests  are,  in  the  eye  of  the  law  nod 
constihition  of  England,  as  v'       '  s© 

of  any  men,  but  whose  cdn  •! 

enable  them  immediately  tu  ^'- 

twcen  poUticai  truth  and  th*  v- 

tions  held  out  to  themi — v  -e 

passions  of  men,   whom    1  ^l 

placed  in  the  lower,  butu^Li,..,  iy 

resptttiible  situations  of  life,  ton  a 

against  all  u-liom  ii^  I'^iunlv  luM  '  ■/ 

aa&igiiin  *- 

pertv,— r  -V 

as  their  ^  ihoAo 

whom  111  .—and. 


*  See  the  caso  of  lord  George  Gardoo  for 
bi^  U6a50%  AMi^t  V'oL  21|  p.  495. 


1 


87SJ 


Jbr  ¥ligh  TreasorL 

ia  Oider,  at  the  same  time,  to  shut  out  the 
pO«t!)Dtty  of  forrcf ting  original  errori  or  rec- 
tif^  those  whom  they  had 

i^  incd)    debauched,   and 

them  into  these  afH- 
^  had  subscribed  tests — 
!  thi*y  were  not  to  exa- 
liccn  admitted^  hut  the 
&ti|jii.>  «-j)    ^viiuti  they  were  to  carry  into 
ilwtci^  wheu  Hssembied  in  a  convention — 
into  execution  those  principles,  as 
for  the  people,  by  a  grciit  majority  of 
1  ihey  were  held  in  utlcr  detestation. 
CenllefDro,  to  say  that  an  act  done  was 
MciBt  to  be  done  as  a  mean^  taken  in  the 
fMCmioD  of  ftuch  a  project  as  this  is,  till  the 
DQ«  ivbo  tikes  it,  thinks  the  scheme  prac- 
Me,  I  ttdmit  is  not  reason^ible,  hut  un- 
bl^ly  he  may  ihhik  it  praclicablc  long 
.  L»aily  so.     Now,  you  will  be  abun- 
rd,  that  these  conspirators  thought 
i>  now  come — thsit  the  time 
which  had  been  the  object 
ij^iuii-  tr\j'«'i^iiitiun,  douhting  tor  a  year  or 
whether  it  would  ever  be  gratified,  that 
time  wan  n<m  come,  and  the  measures 
werf    taken   upon  that   supposition — 
jli  tiif-   Mifptjrtunity  had  arrived,  which,  if 

I  ot  now,  would  be  lost  for  ever* 
TCj  n,  the  people  of  this  country  have 

Id  gcDcfBl  a  rooted  attachment  to  its  govern- 
mtmt,  Tiie  public  opinion  of  government  is 
in  Hot  country,  as  well  as  in  every  other,  its 
fliidffti  S4ipport :  and  therefore  it  became 
meecmmMj  to  infuse,  where  so  much  could  be 
mStilY  lii^ested,  where  the  mind  was  pre- 
wed  for  It,  an  opinion,  thut  the  form  of  the 
Priliih  gciTernment  w<i5  mdically  vicious — 
"*  it  i»m&  '  ''  rn  principles  of  oppress 
nleJ  on  the  destruction 
-uiPj'Ubtc,  and  unahenable 
hers,  you  will  find,  ihey 
irv  io  use  a  little  more  cau- 
lu,  but  to  humour  their 
ni  of  the  constitution, 
of  wcll'meaning  igjno* 
uf  instructing  it,  to  en- 
L  al  1  the  project  of  de*troy- 

»i.  s^t  which  they  were  aV 

To  Ui^uii,  ihcrcfure,  the  torm  of  the 
I  wAt  not  spoken  of  in  terms  which 
;  I  >t  to  be  a  conde  unation 

pi  .e  rCiiDy  such,  hut  by 

r  il  expressions,  such  as 

I   lair  representation  of 
mt  pf*>r'' '  '  1 1 1" — "  a  tul  I  represeu  la- 

Utib  %tf  imclimes  willu»ul  nien» 

lir»«  nf  vf  r  with  actual  mention 

tit  I  cxistin;*  together 

%,  ;  U'rms,  which  cer- 

to  t  It  muy  be  contended 

m  '  !  mesin  ;  but  terms  the 

^■0  1  inly  the  same 

^f%et'  were  used  in 

►untry  during 

Jh,   when  we 

uuLicT  nao  ivitig  im  Ujisxa;  tl^uil  may  sig- 


U  D.  1794. 


[374 


llHI--IM»t  tu 

HlKhflWrot 
tnecL  uimIc  i 


nify  a  g:ovemmcnt  existing  without  Lords  <  _ 
King,  by  declaring  the  obtaining  such  a  re*1 
presentation  of  the  people  as  necessary  to  the  \ 
natural,  unalienable,  imprescriptible  riglits  of  1 
inan,  as  stated  by  Mr.  Paine:  by  these means^l 
and  artifices,   they  attempted  to  engage  ia  f 
their  service  the  physical  strength  of  men.l 
who  might  not  and  did  not  discover  the  real j] 
nature  of  the  plan,  which  that  strength  was 3 
to  be  employed  in  execuling;  who  had  not] 
information  enough  to  discover  what  the  re* 
presentation   was  metint  liniilly  to  do  or  la 
execute.     But  you  will  find  the  persons  men* 
tioned  in  this  indictment  had  no  doubt  about] 
it.     I  mark  these  circumstances  to  ^'ou, 
cause,  in  the  evidence  that  is  to  be  laid  befon 
you  (and  I  am  now  Btating  the  general  cha« 
racter  of  the  evidence,  ananot  the  principle 
upon  which  the  charge  is  made),  in  the  cvi-^ 
dence  to  be  laid  before  you  of  the  plan  for  the 
execution  of  these  purposes,  some  very  re 
markable  particulars  occur;   and  when  vou 
come  to  decide  upon  this  case,  1  humbly  beg 
your  attention  to  those  particulars;  some  very 
remarkable  particulars  will  occur. 

You  wilt  find  that  the  leading  clubs,  hfi 
which   I   mean    the  Constitutional   Society^^ 
judging  of  its  conduct  for  the  purpose  of  thi9^ 
cause,  though  in  some  other  cases  we  must! 
go  farther  back,  but,  for  the  purpose  of  thiM 
cause,  judging  of  its  conduct  from  about  thef 
beginnmg  of  the  year  1792,  and  the  Londo»^ 
Corresponding  Society,  which   was  formed, f 
whether  created,  I  will  not  say,  but  whichj 
was  modelled  by  some  leading  members  of 
the  Constitutional  Society,  and  received  its( 
corporate  existence,  if  I  may  use  the  lerm,^ 
as  it  will  be  proved,  under  their  own  hand*  ' 
writing;    most    distinctly    from    the    hand- 5 
writing  of  some,  who  yet  belong,  and  some,  J 
who  have  ceased  to  belong  to  the  t'onstitu-l 
tionai  Society ;   these  leading  societies,  you] 
Will  find,  enlisting  into  their  afliliation  many  J 
societies  in  the  country,  composed  of  raen^ 
who  expressed  their  doubts  as  to  the  views  of 
these  societies  in   London;    who  e^cpressed) 
their  fears  as  \vell  as  their  doubts  about  thosa 
views;  who  required  information  as  to  thei 
purposes  of  tho!>e  societies  in  London  ;  soma  I 
of  these  societies  in  the  country  profcssingi 
one  set  of  principles,  some  another;  but  aJgi 
assistance  is  taken  that  is  offered :  accordindjf  J 
you  will  see,  that  the  London  societies  enliatf 
persons  who  profess,  "  that  thcv  ought  to  " 
sulimit  to  no  power  but  whiit  they  have  them- 
selves immedidtely    cnnstilutcd :"    to    Ihesa 
they  give  answers,  couched  hj  dark,  cautious,  1 
prudent,      but    satisfactory   and    iolclligiblo 
terms:  those  who  profess  still  to  have  attach- 
ments to  the  monarchy  of  the  country,  and 
who  express  apprehensions  about  its  safely 
from  the  principles  of  the  London  societies^' 
and  the  contbclmg  principles  of  various  coun- 
try societies,  they  sooth  into  tnitcrnization,  by 
lelhng  them  thai  all  would  be  set  right  **  by  a 
full  and  fair  representation  of  the  people  in 
parliament^'' — a  name  which  was  given  to  tbift 

T 


275] 


35  GEORGE  IIL 


Trial  of  Thomas  Hardy 


[278 


Commons  uniler  Cromwell,  as  well  as  to  the 
\  Icgiliruulc  parlianienls  of  this  counlry  at  dif- 
ferent periods,— without  lelling  them  either 
what  these  Wfords  meant,  or  how  that  piirha- 
fnetit  was  to  operate  to  reconcile  these  dif- 
ferences,  wliich  vou  will  find  amounted  o«/yto 
'  the  differences  between  aa  attachment  to  an 
I  absolute  republic,   and  an  attachmeut  to  a 
{'limited  monarchy. 

They  enlist  alike  those^  who  expressed  a 
wish  to  know  whether  they  proposed  to  reform 
the  Huuseof  Commons^  and  those  who  wished 
to  know  whether  tliey  inleud  to  rip  up  mo- 
narckif  hy  the  roots ;  their  answers  were  calcu- 
lated to  satisfy  each  of  them,  to  satisfy  whal- 
i  ever  might  be  the  disposition  of  those,  who 
address  the  questions  to  them,  remiiring  in- 
formation upon  subjects  so  totally  aifferent. 
Gentlemen,  this  is  not  all :   you  will  find 
;  again,  that  for  these  pijrposea,pnblications  upon 
Lthe  government  oi  the  country,    which  arc 
I  alluded  to  in  ibis  indictment,  and  which  will 
L  he  given  to  you  in  evidence,  that  publications 
[upon  the  government  of  the  country  were 
[adopted  by  those  societies  as  their  own,  and 
circulated,  if  I  may  so  express  myself,  in  a 
mass  round  the  cotmlry,  circulated  in  a  man- 
ner, that  totally  destroys  the  liberty  of  the 
pre.«^s  in  this  country, — Thehberty  of  the  press 
in  this  country  never  uught  to  be  under  an 
undue    correction    of   the  law,  but  it  must 
always  be,  for  the  sake  of  the  people,  subject 
itQ  Uie  correction  of  the  law :  you  will  find 
that  the^ie  publications  are  either  brought  into 
the  world  with  such  a  secrecy  as  bafiles  all 
prosecution, — published    without    names    of 
authors  or  of  printers, — pubhshed  by  contriv- 
ance,  I  am  sorry  to  say  by  contrivance  pub- 
lishefl  in  tlie  dead  of  night  (though  they  are 
the  workii  of  men  who  "have  talents  to  stale 
them  to  open  day,  if  lit  to  be  stated  to  open 
dav),  and  published  in  (quantities,  which  niiike 
the  application  of  the  wholesome  provisions  of 
the  law  utterly  incompetent  to  the  purpose  of 
allowing  the  correction  of  the  law  to  be  as 
fre<juent  as  the  commission  of  the  oflences 
agamsl  it  has  been. 

Gentlemen,  wjih  respect  to  many  of  these 
iHiblicalions  I  may  take  notice  of  what  has 
imppcned  in  the  history  of  this  country,  and 
though  no  man  wishes  less  to  talk  of  himself 
than  1  do,  yet  1  am  speaking  in  the  presence 
of  many,  who  have  heard  me  both  in  court 
and  in  parliujuent  respecting  those  publica- 
tions to  \^hich  I  allude  (and  which  will  be 
offered  to  you  in  evidence),  express  the  difli- 
culty  that  my  mind  laboured  under  to  con- 
cede that  suiih  a  publication  mn  tlie  Address 
to  the  Addressers,  was  not,  according  to 
law,  an  overt  act  of  high  treason. — It  did 
appear  lo  mc  that  Hie  pubhcalion  of  the 
book  called  the  Address  to  the  Addrts- 
sor«  was  an  overt  act  of  high  treason, 
for  the  purpose  of  deposing  the  king;  at  least 
I  thought  it  required  an  ingenuity  and  sub- 
tlety, much  beyond  that  which  belonged  to 
lay  mind  I  to  state  {»atisfa£tQry  reasons  why  it 


was  not  30 ;  but  there  were  reasons  salis^ 
tory  to  those  who  can  judge  better  than  I  can 
and  therefore  that  book  was  treated  only  as  i 
hbel  ;^-but  when  I  come  to  see  it,  as  con- 
nected with  the  mass  of  pubhcatiuns  alluded 
to  in  this  indictment, — as  connected  with 
measures  that  I  have  to  state  to  you  in  the 
course  of  opening  this  cause, — and  as  con- 
nected with  the  project  which  this  indicfmeot 
imputes  to  depose  the  king,  I  say  it  is  either 
most  distinct  evidence  of  an  overt  act  of  high 
treason,  or  it  is  an  overt  act  of  high  treason 
itself. 

Gentlemen,  you  will  also  not  Cail  to  obserre 
(and  I  state  it  as  a  general  feature  andcbanw> 
ter  of  the  evidence  that  I  have  to  lay  before 
you) — the  mahgnanl  art,  and  if  I  may  so  ci- 
press  myself,  tBe  industrious  malignity,  with 
which  discontent  has  been  spread  by  Uicsc 
two  societies  in  London.^  and  the  means  of 
spreading  it  have  been  studiously  and  anxiously 
taught  *rom  society  to  society  :^ — the  means 
of  spreading  sedition,  fresh  as  from  London, 
in  everj'  town,  all  with  reference  (for  the? 
are  not  material,  if  you  do  not  find  they  had 
such  a  reference)  to  the  final  accomplishmeot 
of  the  same  purpose  :  you  wnll  not  fail  to  ob- 
serve how  the  passions  and  interests  of  iodiv^ 
duals  have  been  assailed,  and  the  method  of 
assaihng  them  taught,  according  to  their 
stations  in  life— not  merely  upon  government, 
— bul>  for  the  purpose  of  subverting  govern- 
iiit'tu,  upon  tithes— corn-bills— taxes — gatne- 
laws — impress  service— any  thing  that  could 
be  represented  as  a  grievance,  as  well  as  the 
government  itself,  and  to  thi«  intent— tliat, 
m  aid  and  assistance  of  each  other,  si 
as  they  expressed  it,  ''might  overs|*: 
whole  face  of  the  island/'  and  ''  that  the  i-J  j.ml 
might  become  free" — you  wilt  mark  their  ex- 
pressions— "by  tlie  same  means  by  wbkh 
France  became  so/* 

Gentlemen,  in  staling  to  you  the  ehaneter 
of  the  evidence,  it  is  necessary  for  me  lo  make 
oue  observation,  and  it  is  the  last  I  shall  trou- 
ble you  with :  it  is  with  respect  to  the  prin- 
ciples upon  which  construction  is  to  be  given 
to  the  written  evidence  that  will  be  adduced 
in  this  cause,  ^sow  I  desire  to  state  this  to 
your  minds  as  a  principle  perfectly  reasonable 
in  the  administration  of  justice  towards  men, 
who  are  called  upon  to  answer  for  offences 
that  the  language  which  they  use,  ought  to 
be  considered  according  to  its  obvious  sense. 
If  the  language  admits,  and  naturally  admits, 
of  a  double  interpretation,  it  must  then  be 
consi<lcred  according  to  the  nature  of  the  prin^ 
cipie  which  that  language  is  calculated  to 
carry  into  execution  ;  each  paper  must  be 
considered  with  reference  to  the  context  of 
the  same  paper,  and  with  reference  to  the 
cuiilents  of  all  oUser  papers  that  form  the 
cvidcncti  of  the  same  system,  which  the  paptr 
produced  is  meant  lo  prove. 

^ow,  it  ynu  should  find  that,  in  detailing 
the  objccb  uf  this  society,  in  detailing  what 
they  meant  t^  do,  and  in  detailing  buw  they 


9Tn 


Jor  High  Treason, 


A.  D.  1794- 


[27 


loeiiit  to  eieeute  infaBl  tbcy  iiurposed,  thcj^ 
ibcutd  ill  fkct  liave  statetl  Uial  Ihey  meant 
"^at  hiwasle^al, — nor  that  which 

1, — nor  mat  which  was  other 
ticj.!-on>  u  wiU  be  in  vain  that  they  have 
ughl  fit  (for  the  greater  prudence,   the 
r,  and  the  greater  caution  which 
most  abundant  evidence  to  prove 
'     ccasionaJly,  but  add  to  the 
ng  the  danger)  to  assert  at 
,,   ...iLQ   they  have  used  general 
je^  that  what  they  meant  to  efiect  was 
aliil   that  they  meant  to  effect   it  in  a 
itstitutional  manner.    It  will  be- 
who  have  the  defence  upon  their 
,  Ui  btale  to  you  how,  in  a  IcgaJ  and  con- 
Sional   manner    those   thin^^s    could    be 
which  were  intended  to  be  done,  and 
I  this  ladiclment  states  were  intended 
V  dooe«  tl'  I  prove  to  your  ^-.itisfaction  that 
ere  intended  to  be  done  by  the  means 
inuiientSy  wliich  the  indictment  refers 

Ef*—.!^^-,^  of  the  jury,  their  principle,  as 
fj  f,  was,  that  equal  active  cttizen- 

fkiy  .-  -"'"^tt  of  all  men,  and  ihat  upon 

Ibis  prn  ir  representation  of  the  peo- 

|li  wa-  -   ked  for-    Now,  it  requires 

06  peatooiit^  to  9tate,  that  a  representation  of 
lilt  peoph:'  fouDiled  upon  the  principle  of  equal 
icijve  c  of  all  men,  must  form  a  par- 

iwnni  >  h  no  Kiog»  nor  Lords,  could 

Ti)^«;  i>  an  laid  of  equal  active  citizen* 
Cbfi  inoment  thnt  either  of  them  exists, 
to  my  '  I  i'jn  of  equal  active 

J,  and  ij'  » Ikeir  corulmction 

^Hi  for  they  f.tHte  iiiai  the  effect  ofitis  « 
fWfittmmlQim  gor^rnment.  But  it  is  not 
iynj|li  for  me  to  tell  you,  that,  in  reasoning, 
lUi  i»  die  eoDsequence ;  it  is  a  circumstance 
19  Im  tUcen  into  your  consideration ;  but  I  say 
I  ihaU  ttiufy  you,  if  I  am  bound  to^o  farther, 
tetllic  spphcatioo  of  the  principle  of  equal 
iClif«  dtiteoftbip,  according  to  them,  was  to 
It  diA  icMindation  of  u  representative  gtfvern- 
ttHl,  rejecting  the  King  and  Lords  out  of  the 
•jftltai.  Thr  principles  were  the  principles 
ifOtt  wbidi  '  mtion  of  France,  in  the 

y«!«r  179!,  V'  I ;  the  principles  of  that 

the  principles  of  equal  ac- 
tliey  attempted   indeed  to 
e  A  kiu'^  m  the  constitution,  and  to 
wlul  I  may  call  a  royal  demoiracy  t  but 

ftbsU    '-     '   "  Visfration,    that  the 

London  knew  thai 
c^^iisVitukiuii  LiJiJini  iuit  exist,  that  their 
fthlMtet  led  tlieui  to  a  distinct  knowledge 
liitt  tniiei»n«-tnkit'>''n  could  not  eust :  it  was 
ntbe  mifit  ist  179?  entirely  over- 

sale i  ^  I  hud  from  the  transac* 

of  tikis  nociety  m  llie  months  of  October 
Nofcoibef  1799,  unless  I  mistake  the 
9§ut  <vf  the  cvidenci*,  the  clearefit  dcmon^tra- 
tioii  ihst  ibe^  ^urirtte?  meant  in  applying 
^kam  |iiitici|i}e%,  ^  .  y  themselves  state 

1b4  dweuojred   n  n:e  of  a   king  in 

tlicy  niusl  destroy  the  exlsl- 


ence  of  a  king  in  any  country ^—you  will  find 
tliat,from  October  J792  al  lea^».  these  societies 
meant  to  destroy  the  kinj  in  thiscounlrr,  am 
that  this  was  the  natural  elFect  of  their  ow! 
principles,  as  they  understood  them. 

Gentlemen,  you  will  now  give  me  leave  ti. 
state  to  you,  as  well  as  i  can,  and  as  intelli- 
gibly as  I  can,  the  mass  of  evidence,  and  the 
case  which  I  have  to  lay  before  you. 

The  particular  act,  the  nature  of  which  wiil 
be  to  be  expiamed  bv  all  the  rt?st  of  the  evl 
dence,  whicti  has  led  to  the  includin;;  the! 
particular  persons  in  one  indictment,  arosftj 
out  of  a  letter,  dated  the  27  th  of  March  i79ig1 
which  was  written  by  the  prisoner,  tt)en  the' 
secretary  of  the  London  Corresponduio;  ho- 
cjety,  to"  the  society  for  Constitutional  infor- 
mation. The.  words  of  it  are  these  : 

**  I  am  directed  by  the  London  Correspond- 
ing Society  to  transmit  the  following  resolu< 
Uons  to  the  Society  for  Constitutional  Infor- 
matioj),  and  to  request  the  sentiments  of  that 
society  respecting  the  important  meastires 
which  the  present  juncture  of  affairs  seema 
to  require.  The  London  Correspondii  ^ 
ciety  conceives  that  the  moment  is  arrived'* 
mark  tlie  words ;  for,  in  the  rest  of  what 
havt  to  state,  you  will  frcauently  hear  ol  the: 
time  to  which  that  alludes — **  when  a  fui" 
and  explicit  declaration  is  necessarj'  from  ai 
the  friends  of  freedom,  whether  the  late  ill 
gal  and  unlieard  of  prosecutions  and  sen teno 
shall  determine  us  to  abandon  our  cause,  < 
shall  excite  us  to  pursue  a  radiciil  reform  with 
an  ardour  proportionate  to  llie  magnitude  of 
tlie  object,  and  with  a  zeal  as  distinguished  on 
our  part  as  the  treachery'  of  others  in  the 
same  glorious  cause  b  notorious.  The  Society 
lor  Constitutional  Information  is  therefore  re- 
quired to  determine  whether  or  no  they  will 
be  ready,  when  called  upon,  to  act  in  con- 
jimction  with  this  and  other  societies,  to  ob- 
tain a  fair  representation  of  the  people."  Gciw 
Llenien,  give  me  your  attention  presently  to 
what  they  conceive  to  be  a  fair  rcprebcnta'lioi 
of  the  people,  when  I  come  to  state  the  reso 
lulions  which  they  transmit!  **  Whether  the: 
concur  with  us  in  seeing  the  necessity  of 
speedy  Convtntion  for  the  purpose  of  obtain- 
ing,*^ (then  they  use  the  words),  "  in  a  cunsli- 
lulional  and  legal  method'* — of  the  eflect  of 
which  you  will  judge  presently,  for  the  me- 
thod will  not  be  the  more  constitutional  and 
legal  for  their  calling  it  so,  if  tlie  nuahod  is  in 
fact  unconstitntional  and  lUej^al — "  a  redress 
of  those  grievances  under  which  we  at  present 
labour,  and  which  can  only  be  effectually  re- 
moved by  a  full  and  fair  representution  of  the 
people  of  Great  Britain.  The  London  Cor 
responding  Society  cannot  but  remind  ihet 
friends  tiiiit  the  pt  esent  crisis  demands  all  the 
prudence,  unanimity,  and  vigour,  that  ever 
may  or  can  be  ejierled  by  men  or  Ilritons; 
nor  do  they  doubt  but  that  manly  firmness 
and  consistency  will  finally,  and  they  believe 
shortly,  terminate  in  the  lull  accomplishment 
of  aU  their  wishes.'* 


S7&] 


35  GEORGE  IIL 


Trial  qf  Thomas  Hardy 


[280 


They  then  resolve,  and  these  re&olutions 
are  enclosed :  "  lsl«  Thai  dear  as  justice  and 
iibcrly  arc  to  Britons,  yet  the  value  of  them 
'  is  conipiirativcly  smalf  without  a  dcDenilancu 
on  Iheir  permanency,  and  there  can  be  no  se- 
curity for  tiie  continuance  of  any  rights  but 
to  equal  laws. 

"  ad,  That  equal  laws  can  never  be  expect- 
ed but  by  a  full  and  fair  representation  of  tlie 
people;  to  obtain  which,  in  the  way  pointed 
out  by  the  constitution," — you  will  sec  what 
that  IS  in  the  third  resolution — **  has  been 
and  ii>  the  sole  object  of  this  society ;  for  this 
we  arc  rcaily  to  hazard  every  thing,  and  never 
i>ut  with  our  lives  will  we  relinquish  an  object 
whit;h  involves  the  happiness,  or  even  the  po- 
•  Jiticai  existence  of  ourselves  and  posterity, 

"  3rd,  Thul  it  is  the  decided  opinion  of  this 
socielY,  thai»  lo  secure  ourselves  from  the  fu- 
ture illegal  and  scandalous  prosecutions,  lo 
prevent  a  repetition  of  wicked  and  unjust  sen- 
tences, aiid  to  recall  those  w*ise  and  whole- 
I  ^me  laws  which  have  been  wrested  from  us, 
i  nnd  of  which  scarrrly  a  vestige  remains,*'-^ 
I-  Gentlemen,  vou  wdl  permit  me  to  call  jour  at- 
I  lention  to  what  the  ulijects  were  which  were 
j  io  Ire  Hccomplishctj-—**  there  ought  to  lie  im- 
I  mediately/* — what?—"  a    cttuvetdhn  of  the 
peopit  hy  delegate*  drpnUd  far  that  purpme 
the  different  tocietkt  vf  the  friends  of  free* 
/*      And  what  are  the    purposes  Which 
convention,  which  they  themselves  re- 
present as  a  convention  of  the  people,  are  to 
execute?    Why  they,  the  delegates,  forming 
a  convention  oi  the  peopir,  are  to  recall  those 
•wise,  wholesome  laws,  which  they  say  have 
been  wrested  Iroui  them.  Before  1  have  done, 
I  shall  prove  distinctly  that  this  in  the  mean- 
ing of  the  passage,  and   the  meaning  of  the 
passage  will  be  to  be  collected  from  the  whole 
cf  the  evidence  unduubtedty,  not  from  this 
particular  part  of  it. 

The  lonsliiulional  Society,  there  being 
present  at  ihut  lime  six  of  the  persons  men'^ 
tioned  in  this  indictment,  willioui  any  delibe- 
ration whatever  upon  a  proposition  so  mate- 
rial as  thill  i6— and  iherelore  it  must  be  left 
lo  you,  upon  the  whole  of  the  evidence,  whe- 
ther it  is  fairly  to  he  inferred  or  not,  that  this, 
like  a  grctit  in;iny  other  papers  of  the  London 
Correspundinu;  S<*(  iely,  really  came  from  the 
^  Qstitutiouulssocicty — they  immediately  or - 
«d  that  their  secretary  shall  acquaint  the 
London  Lorrchponding  Stjcieiy,  that  tlicy  had 
received  their  cunnuuntcaliou,  that  *  they 
heartily  concur  with  them  in  i  ' 
h%\c  in  view,  and  thai  for  tli 
the  purpose  of  n  more  spriJ. 
co-opct^ition,  they  invit*   sIimii  i^ 

'"-♦    '"'i;V    eveiiUi^^  ^  *ic.r^«if-ii  of 

^l^er*. 

lu-  in  In  [\in  imrticulars  of 

'    leave  to 

■111  ivty,  in- 

I  m   Uu&    mdiiiiuent,  rd  to 

«e   UiAt  delegation:    i  was 

1 9l  Ibe  ante  time  a  Coiuuiitle«  of  Cor- 


respondence of  six  members  of  this  society ; 
that  afterwards  the  London  Corresponding 
Society  formed  another  committee ;  that  the 
two  committees  met ;  that  the  two  com- 
mittees meeting,  came  to  a  determination  that 
this  project  of  calling  a  convention  of  the 
people  should  be  carried  into  effect;  and 
then,  that  a  joint  committee  of  co-operation 
of  both  societies  was  formed  by  resolutions 
ofboth. 

Having  stated  what  happened  upon  tlic 
arih  of  March  1794,  and  connecting  it,  as  I 
shall  do  presently,  with  the  very  singular 
facts,  which  you  will  find  also  happened  in 
that  year,  you  wiU  give  me  leave,  in  order  to 
show  what  the  true  construction  of  this  act  is, 
as  well  as  to  stale  the  crminds  upon  which 
the  indictment,  even  without  this  act, charges 
a  conspiracy  to  depose  ihc  king — you  will 
give  me  leave  to  stale  the  transiictions  of  these 
societies  from  the  month  of  March  1799. 

Gentlemen,  in  or  about  the  month  of  March 
1702, — whether  before  that  tunc  the  London 
Correspondintf  Society  had  existed  or  not, 
seems  to  me  to  be  dubious,  and  therefore  I 
will  make  no  assertion  of  that  one  way  or 
other;  but  supposing  it  to  have  existed,  it 
will  be  made  extremely  clear  that  this  society 
existed  at  that  time  without  a  constitution, 
as  they  call  il,  and  was  indebted  to  a  gentle- 
man of  the  name  of  Tooke  for  the  constitu- 
tion under  which  the  society  was  modified, 
and  was  indebted,  I  think,  to  a  gentleman  of 
the  name  of  Vaughan,  for  his  assistance  in  the 
composition  of  the  code  of  its  laws. 

Ihc  fir»l  correspondence  that  I  find  be- 
tween the  Constitutional  Society,  and  the 
London  Correspoudmg  Society,  wtiich  I  have 
to  Slate  to  you,  is  in  the  communication  of  the 
principles  of  the  Corresponding  Society,  sent 
with  a  letter  signed  by  the  prisoner  at  thebar^ 
which  letter  is  in  the  following  words ;  *•  I 
am  ortlcred  by  the  committee  to  send  to  the 
Society  for  Constitutional  Information  in  Lon- 
don a  copy  of  our  motives  for  associating,  and 
the  resolutions  we  have  come  to  :  we  mran 
to  persevere  in  the  cause  we  have  embarked 
in,  that  is,  to  have  (ifpossilde)  an  equal  repre- 
sentation of  the  people  of  this  nation  in  par* 
liaraent.*" 

I  observe  here  for  a  moment  that  you  wiU 
not  be  surprised,  wlien  I  get  to  tlic  conclusioa 
of  this  busiucsA,  that  this  cautious  laiig;uage 
was  used  in  the  outset  t  it  will  be  for  you  Uk 
judge  whether  a  i^ludied  caution  is  fairly  im- 
*  to  the  language.  It  prucecdiS  thus: 
hould  be  exceedins^ly  happy  to  enter 
ifuo  a  rorrcsp      '  '     '    "         ;  Ty,  if  it 

is  not  too  nil  expect 

suchin  honour ,  ..u«.  "  -  wt 

..f 


hope  that  they  will  di 


idcsrriu!i 


111-.    ■■-■'.'■.:.    ^         -■       ■  '    ■  '     ■ 

of  liu&i  &0f4c:iy,  wkich  rr&oiulions  ptirp^irteii  10 


SSI] 


for  High  Treanmu 


signed  "  Thomas?  Hardy,  secretary.**     It 

"ImPOcncil^  by  an  ucd(!er\l  not  very  easy  la  t»e 

1  I'or  nt  present,  and,  nutwithsland- 

1,  I  shall  prove  distinctly  to  you  that 

art*  the  aclof  Mr.  Hardy  r  that 

"Thomas  Hard  y,  secretary  "^ — 

isAgn^iure,  as   I   am   inslnicted,  in  the 

l-writinjj  of  Mr.  Home  Tooke ;    that  is, 

B^irdy  jn  ihc  London  Corresponding  So- 

\  ^ends  the  resolvilions  of  the  London 

I  _    t  -  - » -  ^  tpologiEing  extremely 

111  presuming  to  send 

■  Lj^L.iuuonal  Society,  the  sig- 

resolirtions  bearing  the  name 

•^,  .    ..  .„    i.^rdy  in  the  hand-writing  of  Mr. 

Tookc :  whether  those  resolutions  were  finally 
fettle<l  by  that  gentleman  or  not,  I  do  not 
ikti^jm  I  but  you  will  find  that  there  exibts  a 
^pup^r  which  contains,  I  think,  distinct  evi- 
'fSence  upon  the  !ace  of  it>  thai  those  resolu- 
tikrtxt  have  been  settled,  with  a  good  deal  of 
frAlion,  by  the  same  i^entleman  whose 
writing  occurs  in  the  signature  which  I 
re  been  stating. 

Grnllemen,  before  these  resolutions  were 
and  before  I  slate  the  matter  of  theni  to 
yoii  will  allow  me  to  mention  that  there 
*■  •'  tt  a  correspondence  between  other  so- 
lid  the  Society  for  Constitutional  In- 
t  ...... ;,.ii,  of  such  a  nature,  as,  in  order  to 

^•laikc  this  ca?ie  intelligible,  will  require  some 

cb^crvjtions  from   me,    nnrl  ?,nrne  altentjou 

;  il  is  the  con  r  ^y  of  other 

^_  hilt  which  corn    ,  nrfi  I    shall 

h  u  manner  with  the  London 

J  Society,  as  in  fact  to  make  the 

oiXXkC  other  societies  the  acts  of  that  so* 

id  of  March  1792,  with  a  view 

lial  were  the  principles  of  this 

T  L  state,  that  they 

the  thanks  of 

jjvi  n  uj    >jr.  Thomas  Paine, 

masterly  book  intituled.  The 

m   ,.,u,^K  ....}  Qfijy  ^hc  male- 

'  ribblers  are  de- 
-Lcd  ridicule,  but 
rtant  and  beneficial 
i  so  irrcNtstiblycon' 
I  romisr!  the  acceleration  of  that 
nl  |)eriod,  when  usurping  bo- 
tnd   proHigale  bornugh-hoyrr.'* 
?d  of  what  they  impudently 
!v— the  choice  of  the 
fie.    The  CoH'^titu- 
\*  expressing  their  sa- 
le a  pubhcation  has 
'-   '  -■■  ^.  -      -..-I 


hich  I  heir 

I    what  purpose  you 

it*  to  ilate  to  you  the 

'U\s  business — **That 

.  iind  all  future  pro- 

n.^fU]j^%  ul  ih4?^  ftociciy,  be  regtilarly  transmit- 


A.  a  1794.  [282 

ted  by  the  secretary  to  all  our  corresponding 
constitutional  societies  in  England,  ScotlanoJ 
and  France/' 

Now,  gentlemen,  as  I  shall  prove  what  the 
book  was  to  which  this  resolution  alluded,  t 
shall  take  the  liberty  at  present  to  state  in  a 
few  words  to  you,  as  far  as  they  affect  the  ex- 
istence of  a  king  in  this  country,  those  sub- 
jects, which,  according  to  the  lanjgnage  oftliia 
resolution,  tbe  Constitutional  Society  sincerely 
hope  that  the  people  of  England  would  give 
attention  to,  as  discussed  in  Mr.  Paine's  first 
book.  In  that  book  these  doctrines,  with  re- 
spect to  Great  Britain,  are  laid  down:  ^a 
constitution  is  not  a  thing  in  name  only,  but 
in  fact ;  it  has  not  an  ideal,  but  a  real  exist- 
ence ;*'  and  you  wUl  find  this  extremely  im- 
portant, because  in  the  result  of  the  whole 
evidence  that  1  have  to  lay  before  you,  it  will 
appear  that  they  did  not  only  distinctly  dis- 
avow making  any  application  to  parliament, 
but  the  competence  of  parliament  to  do  any 
thing  by  way  of  reform,  because  the  country 
had  as  yet  no  constitution  formed  liy  the  pei>- 
plc,  Mr.  Paine  proceeds  t  **  Can  Mr.  Burke 
produce  the  English  constitution  ?  If  be  can- 
not, we  may  fairly  conclude  that  no  such 
thinc^  as  a  constitution  exists." 

After  staling  that  the  septennial  bill  show- 
ed that  lliere  was  no  such  thing  as  a  consti- 
tution in  England,  the  book  stales  a  farther 
fact,  not  immatcriaK  that  the  bill  which  Mr* 
Pitt  brought  into  parliament  some  years  ago 
to  reform  parliament,  was  upon  the  same  er- 
roneous principle,  that  is,  upon  the  principle 
that  parliament  was  able  to  reform  itself. 
With  respect  lo  other  subjects,  to  which  the 
attention  uf  the  people  of^England  was  called, 
you  will  find  that  this  book,  speaking  of 
modes  of  government  (and  this  is  also  ei- 
Iremely  material  with  reference  to  the  con- 
slructiun  of  what  is  aflcrwards  to  be  slated  lo 
you),  represents  that  **  the  two  modes  of  go- 
vernment which  prevail  in  the  world  are,  first, 
governments  by  election  and  representation  ; 
secondlv,  governments  by  hereditary  succes- 
sion :  the  former  is  generally  known  by  the 
name  of  republican,  the  latter  by  that  of  mo- 
narchy and  aristocracy/' 

He  divides  government  into  government  by 
election  and  representation ;— a  representation 
founde*!  upon  election,  and  election  founded 
upon  universal  suffrage ;— and  government  by 
hereditary  succession.  He  then  stales  that, 
from  the  revolutions  of  America  and  France, 
and  the  symptoms  that  l»ave  appeared  in 
other  countries,  it  is  evident  the  opinion  of 
i\\£.  world  is  changing  with  respect  to  govern- 
ment, and  that  revolutions  are  not  witTiin  the 
progress  of  political  calcutalion;  and  that  Ihe 
British  government,  not  existing  upon  the 
principles  he  recommends,  is  not  a  govcm- 
uicnt  existing  upon  such  principles  that  a  na- 
tion ought  to  sunmit  to  il ;  ana  that  the  par- 
liament  of  the  country  is  not  able  to  form  * 
government,  that  will  cjdst  upon  those  priacK 
pies. 


S83]         S5GE0EGE  lU. 

Genilemeiiy  tt  is  a  very  remarkable  cir- 
eumstaace,  as  it  strikes  me,  that,  though  va- 
rious societies  had  existed  in  other  parts  of 
Great  Britain,  till  about  the  time  of  the  for- 
mation of  the  London  Corresponding  Society, 
none  of  these  societies  had  asked  or  invited  af- 
fihation  wilh  the  London  Constitutional  Socie* 
ty,  which  you  will  find  they  all  ask  and  alt  in- 
vite about  March  1792,  whether  by  manage- 
ntent  or  not,  I  do  not  pretend  to  detemiine^  it 
will  be  for  you  to  judge ;  but  they  all  ask  and 
all  invite  aHiliation  with  the  Constitutional 
and  Corresponding  Societies^  as  soon  as  the 
latter  is  formed. 

Upon  the  16th  of  March  1792,  you  will 
find  a  rjesolution  of  tlie  society  for  Conslitu* 
t^onaX  Infonnatiou,  which  states  and  returns 
thanks  for  a  communication  from  Manches- 
ter»  signed  *'  Thomas  Walker,*  president," 
and  "  Samuel  Jackson,  secretary  ;^'  in  which 
''  they  return  the  thanks  of  the  society  to  Mr. 
Thomas  Paine,"  who  appears  to  have  been 
a  member,  a  visitor  of  ttiis  Constitutional  So* 
ciety,  "  for  the  publication  of  his  Second  Part 
of  tne  Eights  of  Man,  combining  Principle 
and  Practice."  I  shall  endeavour  to  stale  to 
you  in  a  few  words  what  is  the  combination 
of  the  practice  stated  in  the  Second  Part  of 
the  Bights  of  Man,  with  the  principle  in  the 
First  Part, "  a  work,"  they  say,  **  ot^  the  high- 
est importance  to  every  nation  under  heaven, 
but  particularly  this,  as  containing  excellent 
and  jiraci legible  plans  for  an  immediate  and 
considerable  reduction  of  the  public  expendi- 
ture for  the  prevention  of  wars,  for  the  ex- 
tension of  our  manufactures  and  commerce, 
for  the  education  of  the  young,  for  the  com- 
fortable support  of  the  a^ed,  for  the  better 
maintenance  of  the  poor  at  every  description, 
and,  finally,  for  lessening,  greatly,  and  with- 
out delay,  the  enormous  Toad  of  taxes,  under 
which  this  country  at  present  labours. 

**  That  this  society  congratulate  their  coun- 
try at  large  on  the  induence  which  Mr  Paine 's 
pubhcations  appear  to  liave  had  in  procuring 
the  repeal  ot  some  oppressive  taxes  in  the 
present  sfission  ot  parliament ;  and  Ibey  hope 
that  this  adoption  of  a  small  part  of  Mr* 
Paine^s  ideas  will  be  followed  by  the  most 
strenuous  exertions  to  accomplish  a  complete 
reform  in  the  present  inadequate  slate  of  the 
representation  of  the  peooic,  and  that  the 
olner  great  plans  of  public  bentfit,  which  Mr 
Paine  nas  so  powerluUy  recommended,  will 
be  speedily  carried  into  effect/' 

Now,  <  n,  as  Mr.  Paine*s  plan  for 

the  reii  present  inadtiouatc  ulale  of 

thf  '     '  V  '     W 

to,  'til- 

UUit.M        r'^'''  ij'''-      "lun         I'iaLinT',       .uili  .is    it 

is  stated  that  the  other  great  plan-S  of  public 
benefit,  which  he  had  50  powerfully  recom- 
mended, would  bt*  speedily  carried  mlo  etfecl, 
it  will  be  necessary  to  Aow  jou,  from  this 
letter,  what  were  thoiic  plans  tor  the  rvmcdy 


Trial  qf  Thomas  Hardij 

of  the  inadequate  stale  of  the  rcpresentatioiil 
of  the  people,  and  other  plans  of  public  bene 
fit,  which  this  society,  receiving  tne  thanks  o 
the  Constitutional  Society,  hoped  would  bsl 
carried  into  eflect. 

Gentlemen,  I  do  not  take  up  your  tim«  in 
stating  the  passages  to  you,  but  represent  to 
YOU  the  substance  of  that  book ;  that  it  is  a 
book  distinctly  and  clearly  reconimendmg  tho. 
deposition  of  the  king ;  if  the  passages  in  thai  i 
book  do  not  prove  that  assertion,  there  is  ncJ 
evidence  that  can  prove  any  assertion  :  it  is  M 
book,  moreover,  which  not  only  puts  Uie  kici||| 
out  of  the  system  of  the  government  of  ih«] 
country,  but,  according  to  which,  if  a  perfei 
representation  of  the  people  is  to  be  formedi^ 
it  IS  to  be  formed  not  by  a  parliament  ejusting  J 
in  a  country ^ — in  which  that  gentleman  staieM 
that  no  constitution  exists— not  by  that  par-l 
Ibraent,  which  he  states  to  be  totally  and  ab»| 
solutely  inadequate  to  the  great  work  of  forin*^ 
ing  the  constitution  upon  tlie  rights  of  m«a 
and  equal  active  citizenship,  which  he  recom* 
mends:  it  is  a  work,  which  calls  upon  the  peo*^ 
pie  of  England  to  do  themselves  justice  in 
another  way   of  proceeding,  and   to  form 
I  constitution  for  themselves  before  they  ca 
have  any  government,  which  is  to  exist  upoij 
I  true  principles.    There  is  then,  1  say,  in  tlif 
j  beginning  of  this  thing,  a  deveiopcmeol  of ' 
'  these  purposes ;  and  I  say,  bey  on  u  that,  that 
I  if  I  understand  the  effect  of  evidence  at  ali^_ 
X  shall  satisfy  you  that  those,  who  voted  thin 
resolution  of  tfianks,  knew  that  the  principlefi 
I  there  referred  to,  were  principles   that  would  I 
I  have   this  operation,  and   meant  that  thejfl 
should  have  this  effect.  .  I 

The  next  thing  I  have  to  state,  which  X\ 
!  shall  not  go  through  very  particularly,  is  con- 
tained in  a  resolution  of  the  Constitutional 
Society  (some  of  the  members  of  which,  li 
shall  prove  to  you,  began  to  leave  the  &ocietjr1 
about  this  time,  stating  distinctly  that  theyi 
understood  its  principles  to  be  now  (hfTerentl 
from  the  principles  it  had  formerly  acted! 
upon,  and  to  be  such  principles  as  i  havml 
stated)  entered  into  upon  the  '23rd  "«'  MinH' 
1792.  They  resolved  that  another 
cation,  which   is   from  Sheflield,  -  o, 

published  in  the  Morning  Chronicle,  and  iii| 
several  other  uewspapens,  wtiich  they  i 
tion. 

With  respect  to  the  communicAtion  from 
Sheffield  (and  it  is  a  remarkable  M  '  ', 
from  SheiAeld,  and  from  Norwich,  1 1 1  d  j 

be  writing,  on  the  same  day,  for  tiic  ^ain« 
purpose— that  the  societies  of  Shcl^icld 
Norwich  might  be  aftdiated  with  tlif  London 
Constitutional  Society,  and  the  Shcfiictd  peo- 
ple were  ^^^  -  ■  ■■  ^  -it  it,  if  it  were  tl»©if  j 
<jwn  act  nil  ^ry  wrote  mor«  I 

one  letter  i;-  ^^.  •  ,  ;.;  ^  :,  U),  it  is  to  this 
fectt 

^^  lii>  navv  iihotit  f'uur  rnuiilhh  siuct"  this  SO» 


r^kdv&ed  wiii  uilwfti  you  of  thor 


fur  Tfigh  Treason* 


wUkh  is  most  probable,  will  soon  be- 
TW  numrrous ;  and  not  only  this  large 
»vvo,  but  the  whole  neighbour- 
uiilcs  round  about,  have  zn  at- 
>Q  U3:  most  of  the  towns  and 
are  forming  themselves  into 
ltim>i-i«  ii^  ,  and  strictly  adhere  to  the 

Imodr  of  ri  r  us :  yovi  will  easily  con* 

tc' ''  ior  the  leading  members 

irict  attention  to  good  or- 
. , ,  Lind  llie  need  we  tiave  of 
communicating  with  those 
Lie  friends  and  able  advocate* 
foe  th«  same  cause ;  for  these  reAsonswe  took 
the  liberty  to  write  lo  Mr,  Home  Tooke,  that 
lorthy  friend  and  patriot  for  the  rights  of  the 
i^oplc,  tn  forming  him  of  our  earnest  desire  of 
ifwtcri  connexion  with  the  society  of 

the  5  ioinalion  of  ours  in  London; 

vcr)  obliging  and  affectionate  answer  fa- 
'iRQurs  us  with  your  address;  in  consequence^ 
'  iken  the  liberty  herewith  to  trans- 
J  some  resolves,  which  were  passed 
#t  inir  ia>t  meetings  by  the  whole  body,  and 
'^^-  committee  was  charged  with  the  dispatch 
ppr, ♦.,...  .rvl  forwarding  them  lo  you  ac- 
'  I :  Ue  purpose  of  submitting  them 

'%>  lh<  'Alion  of  your  society,  and  to 

.  m  as  they  think  most  pnidenL 
Tou  '  notice  the  Belpar  address:  they 

l^pplied  to  us  about  two  months  ago  for  in- 
tions  as  to  our  mode  of  conducting,  &c. 
not  then  formed  themselves  into  any  re- 
dLSaociation.     Belpar   is    nearly  thirty 
from  this  place,  in   Derbyshjre,  and 
il  or  t<?n  mile?  from  Derby. 
**lf    ■  ely  for  Constitutional  Informa- 

0  u  should  vouchsafe  so  far  lo 

to  enter  into  a  comiexion  and 
with  us»  il  cannot  fail  of  pro- 
!'s  .  and  a<iding  strength  to  our 

'!•  trs^  and  to  the  common  cause, 

£l.  .^    .,.  ciilire  motive  we  have  in  view.'* 
Th^v  then,  upon  ihc  lith  of  March,  1709, 
HI  J  ihdi  Un-Yc  was  a  <:onnexion  between 


'1 


^L 


H    U} 


I 

itV 

liai 

fCD!J«rrn;iui^    Oi 
fuTlT 
•rh 

\ei  tliiC  j^ 
for  tt^  ai 


itioual  and  London  Cor 

V  (and    that  they  should 

on  ihc  t4th  of  March,  which 

1  before  the  :JOth,  when  Mr* 

Mr.  Tooke   the  resohilions 

ned  in  the  name  of  Mr.  Hardy 

as  a  communication  to  him 

V  such  a  body  as  the  London 

S:»t  lety^  is  a  circumstance  that 

tM-rij;    they  then  add,  **  We 

ibrrty  nf  enclosing  a  parcel 

m  .in^wrr  to  a  letter  from  him 

rt'<]ut>tjng  some  informatioQ 

r   UK  ihu^rof  conducting  the 

"i  '  M  ^  .rked  in,  &c,  also  in- 

Ixjndon  a  number  of 

;        ,      ,  ike.  forming  them- 

cifty  on  the  broad  basis  of  the 

You  will  be  so  obliging  as  to 

in  with  youuntd  he  call 

po^t   1  have  wrot€  him 


liMni»t    W  c  have  giirtn  him  our  manner  of 


proceeding;  from  our  setting  out  to  this  tJrae, 
and  hope  it  may  be  of  some  use.  The  im- 
provement we  are  about  to  adopt  is  certainly 
ti)e  best  for  managing  lar^e  bodies,  as  in 
great  and  populous  towns,  viz.  dividing  them 
into  small  bodies  or  meetings  of  ten  persons 
each,  and  these  ten  to  ap[»oinl  a  delegate; 
ten  of  these  delegates  form  another  meeting 
and  so  on,  delegating  Jrom  one  lo  another, 
till  at  last  they  are  reduced  to  a  proper  num- 
ber for  constituting  the  committee  or  gmnd 
council" 

There  is  another  letter  of  the  same  dale, 
which  has  a  remarkable  circumstance  about 
it.  It  is  addressed  to  the  Constitutional  So* 
ciety.  Gentlemen,  it  states  that  "  this  so* 
ciely/*  that  is,  the  same  Sheffield  Society, 
"  feeling  as  they  do,  the  grievous  effects  of  the 
present  stale  defects  and  abuse  of  our  countiy^ 
— (the  word  originally  m  this  letter  was  ccwi- 
itiiution,  but  the  word  constitution,  not  being 
that  which  was  Uked,  by  some  very  odd  acci- 
dent in  the  letter  froni  Sheffield,  the  word 
ctmnfry,  in  the  hand-writing  of  Mr.  Tooke,  is 
substituted  for  C4fn%titutian)^-^*  the  great  and 
heavy  oppressions,  which  the  common  people 
labour  under,  as  the  natural  consequence  of 
that  corruption,  and  at  the  time  being  sen- 
sible to  a  degree  of  certainty,  that  the  public 
minds  and  the  general  sentiments  of  the  peo- 
ple are  determined  to  obtain  a  radical  reform 
of  the  country,"  you  will  mark  these  words^ 
"  as  soon  as*  prudence  and  discretion  will 
permit,  believes  it  their  duly  lo  make  use  of 
every  prudent  means,  as  far  as  their  abilities 
can  be  extended,  to  obtain  so  salutary  and 
desirable  an  object,  as  a  thorough  reformatioa 
of  our  country,'-  the  word  country  bcingagaia 
in  the  hand-writing  of  Mr.  Tooke,  ♦'esta- 
blished upon  that  system,  which  is  consistent 
with  the  rights  of' man,"— for  lliesc  reasons 
they  stale  their  formius  into  clubs,  as  the 
formrr  letter  did,  and  they  conclude  thus— 
*'  llial  being  thus  strengthened,  this  society 
may  be  better  enabled  lo  govern  itself  with 
moVc  propriety,  and  to  render  assistance  to 
their  fellow-citizens  in  this  neighbourhood, 
and  in  parts  more  remote,  that  they  in  their 
turn  may  extend  useful  knowledge  still  far- 
ther from  tuwn  lo  villa|»e,  arid  from  village  to 
town,  until  the  whole  nation  be  sufficiently 
enlightened  and  united  in  the  same  cause, 
whirh  cannot  fail  of  beinjr  the  case,  wherever 
the  most  excellent  works  of  Mr,  Thomas 
Paine  find  residence/' 

Those  works  are  the  works  which  have 
held  an  hereditary  monarchy,  however  li- 
mited, lo  be  inconsistent  with  the  rights  of 
man ;  which  have  held  the  constitution  of 
parhameul  in  this  country  to  be  inconsistent 
with  the  rights  of  man;  and  those  works, 
upon  the  principles  of  that  inconsistency, 
have  held  even  the  parliament  itself  incom- 
petent to  reform  any  abuses  in  government. 

The  paper  they  transmit  stales  as  a  fact, 
that  the  number  of  members  at  Sheffield 
were,  in  March  1792,  two  thousand.    TWiS 


Ihc  Constitutional  Society  in  London  and  llie 
Constilulional  Society  at  Sheffield,  thus  riu* 
iDerouft^  should  have  had  no  connexion  by 
affiliation  till  the  14th  of  March,  tr9«i 
though,  on  that  t4th  of  March,  179 2»  it  ap- 
pears that  the  Sheffield  Society  had  had  cor- 
respondenccj  and  had  become  connected  with 
the  London  Corresponding  Society,  prior  to 
the  London  Corresponding  Society  sendin* 
the  paper  1  before  stated  to  the  Coustituliond 
Society,  is  somewhat  remarkable. 

The  paper  proceedfs  thus :  "  This  society, 
composed  chiefly  of  the  manufactiircrs  of 
Sheffield,  began  about  four  months  ago,  and 
ia  already  increased  to  nearly  two  thousand 
members,"  In  this  letter,  dated  March  14, 
1792,  they  state  it  to  have  amounted  to  two 
thousand,  exclusive  of  neighbouring  towns 
and  villages,  who  were  tbrming  themselves 
into  similar  societies.  They  then  state  the  prin- 
ciples upon  which  the  societies  are  formed, 
and  that  "  they  have  derived  more  true 
knowledge  from  the  two  works  of  Mr.  Tho- 
mas Paine,  intituled  Rights  of  Man,  Fart  the 
First  and  Second,  than  trorn  any  other  author 
on  the  subject.  The  practice  as  well  as  the 
principle  of  government  is  laid  down  in  those 
works,  in  a  manner  so  clear  and  irresistibly 
convincing,  that  this  society  do  hereby  resolve 
to  jy;ive  their  thanks  to  Mr  Paine  for  his  two 
said  publications  intituled  Rights  of  Man/^ 

Gentlemen,  I  beg  your  pardon  for  address- 
ing you  so  much  at  length  on  tliis  case,  but 
I  feel  it  my  bounden  duty  to  the  public,  to 
you,  and  to  the  prisoner  at  the  bar,  to  warn 
yon  fully  of  the  whole  of  it.  There  is  nothing 
which,  I  am  sure,  would  more  certainly  h«p» 
pen,  than  that  I  should  go^  not  only  out  vf 
this  court,  but  to  my  grave,  with  pain,  if  1 
should  have  slated  ti>  you  in  a  proceeding  of 
Ihis  nature  the  doctrines  of  Mr*  Paine,  otner- 
wise  than  as  I  think  of  them.  If  that  is 
meant  to  be  intimated,  that  we  may  have  no 
dispute  about  them,  and  that  we  may  not 
misunderstand  what  is  that  principle,  and 
that  practice,  to  which  the  passage  I  have 
now  read  alludcj*,  you  will  allow  mc  to  read 
a  few  passages  out  of  this  second  part  of  the 
Rights  of  Rlan,  stiid  to  contam  both  the  prin- 
ciple and  practice  of  government,  and  then  I 
ask  you  what  those  must  have  intended, 
with  respect  to  the  government  of  this  coun* 
try^  who  meant  to  take  any  step  in  order  to 
make  a  change  in  it,  in  such  a  way  as  the 
pnnciple  and  pnactice  laid  down  in  that  book 
would  require  them  to  make  it,  rccoltecting 
that  the  government  of  this  country  is  a  go- 
vernment consisting  in  a  king,  having  an  he- 
Tedilary  crown,  together  with  Lords  and 
Commons,  forming  a  parliament  accordmg 
to  the  hiwft  and  constitution  of  England. 

•thor»  in  the  first  nlace,  fx- 
eal  of  what  poWibly  may  be 


:^bt  of  h\ 
^ot  call  go 
ur  he  saySj 


.t!iM'    nrr:«.Hns,    but 
of 


gi  iho  Amtncan  war.  he  w«a  ftixviigly  im* 


pressed  with  the  idea,  that  if  he  could  gel 
over  to  England  without  being  known,  and 
only  remam  in  safety  till  he  could  get  out  a 
publication,  that  he  could  oj>en  the  eyes  of 
the  country  with  respect  to  the  madness  and 
stupidity  of  its  government." 

Let  us  see  in  what  that  madness  consist 
according  to  him  :  having  stated  in  his  for^ 
mcr  booTt  that  a  government  ought  to  exist 
in  no  country,  but  accordmg  to  the  principles 
of  the  rights  of  man— he  repeats  agsiin  the 
distinction  he  had  stated  in  his  former  book| 
between  what  he  calls  the  two  systems:  he 
says,  '*  that  the  one  now  called  the  old  is  he- 
reditary, either  in  whole  or  in  part,*'  which 
that  of  England;  and  the  new  is  entxrel 
representative," — ^thal  is,  a  government  coi 
sisting  of  a  Commons  Hous-c,  if  you  ch 
so  to  call  it— We  know,  that  in  1649  t 
roline  government  in  this  country  was  call, 
a  parliament,  called  a  Commons  House,  am 
it  was  then  enacted,  that  if  any  persons  shouh! 
attempt  to  put  a  king  into  this  country,  they 
should  be  deemed  traitors,  with  much  less  of 
an  overt  act  manifested  than  is  necessary'  at 
this  day.  Again,  it  is  stated,  "  an  lieritab; 
crown,  or  an  heritable  throne,  or  by  whal 
ever  fanciful  name  such  things  may  be  cali 
have  no  other  signi^cant  explanation  1^ 
that  mankind  are  he n tab  I e  property.  To  in- 
herit a  government,  n^  to  inherit  tlie  people^ 
as  if  they  were  flocks  and  herds.'* 

"  Hereditary  snccessiou  is  a  burlesque  npoi 
monarchy.    It  puts  it  in  the  most  ndiculou 
light  by  presenting  it  as  an  o4hce,  which  an; 
chdd  or    idiot  may  611.     It    requires  sonm' 
talents  to  be  a  common  mechanic,  but  to  b« 
a   king  requires  only   the  animal  figure  of 
man,  a  sort  of  breathing  automaton.    This 
sort  of   superstition    may   last  a  few  years 
more,  but  it  cannot  long  resist  the  awakened 
reason  and  interest  of  man  ;'*  then,  **  in  what- 
evor  manner  the  separate  parts  of  a  constitu 
tion  may  be  arranged,  there  is  one  geuersd 
principle,    tliat    distmguishes  freedom   from' 
slavery,  which  is,  that  all  hereditary  govern- 
ment over  a  people  is  to  them  a  species  a^ 
slavery,    and    representative  government     ~ 
freedom;"  then,  speaking  of  the  crown 
England,  that  crown,  in  which,  according 
the  law  and  constitution  of  this  country, 
cording  to  its  principle  and  practice,  is  vcst< 
the  sovereignty  in  the  manner  in  which 
have  staled  It,  he  says,  "  having  thus  glanci 
at  some  of  the  detects  ot  the  two  Houses 
Parliament,   I  proceed  to  wliat  is  called  the 
crown,  upon  which  1  shall  be  very  rrinci«<?. 

sterli  I! 

leave  to  upvLTv  1    in:it  tm**,    wniiii    ji  a 

often  detailed  for  the  worst  of  pur[  i- 

not  but  h^   L,w,,„.,   ♦,.  those  who  yi 

thing  of  1                         I  of  llie  c  t{ 

charge  noi^,                     ^'^  ^vlin  .y 

thing  of  the  c-  j  ] 

who  do  not  ki        ^  \ , 
grofs  miareprtacnlattou^-^*  Lhtj    busmeia   of 


Jbr  tttgh  Treaso 


U.T).  1794. 


[290 


mi' 

•  > 

moai-^. 

^M  11 

h,  so^iic 

Vi.  a^M^^i 

1     kiM::     jnu^jK 

lao^behoi 

i  supcrs^titiuus 

ilMiawce   I 

.,»hi.r.       .1,1.1 

»4iii»caJ1 

I' 

It," 

1       '         , 

, 

anotlur  pni I  of  this  work. 

^  «* 

vLts  very  welt 

%Witrr 

rrcitjjantlents 

i»t 

composers  of 

U 

(1  ;   that  thq 

lgii£^. 

hilionof 
e  to  re- 

•anaBiciv^i^ 

;  ,       ' 

Hmt'mhnW 

mih  It 

lUl.M 

1      H>rj)      'Jl                                       'it 

taMiJ 

incnl:  aivfl  K;                  ti- 

€d|y(}w.  ^....i .  liut  h 

IV*'     Ih")     'ML.,.,,.,,,      -t.  use 

if  be  hwi  staled 

it 

k'                 even  iri  the 

Ittneiiiiiif  tif  ir 

'*?. 

,i!i1j-hrs   lliiS 

l«k.i 

re. 

liHb  Hi 

.•-,:      jiil'tH 

«i4tl)r 

ihc  constitu- 

IMOI    1 

he   foresaw 

<^  in  August  I ; 

^I'ii, 

(itKl  (  t^m  prove,  that 

IhoK  pcraon*,   ^ 

111*  1 

A'PTP  Ihu*?  approving  tlie 
knew  that  a 
ly  wUh  those 

ESSr 

Ivtrnfilei;  #»»'} 

ii  itiem  therefore, 

£2."^-'" 

J/. 

4  kiiig  s)jouid  not 
reiolntioas    being    re- 

K' 

^■mi''.^.-, 

,.,,  ^i-.rr...Lt    ..  .t-'i  i^lttkcn 

ofoallMm 

ty,  atid 

t  ^«|i,  mhi^^^ 

to  the 

hMk  llMvelii  n> 

ho**k  of 

^rpfOceedin-. 

'  uiHli;h; 

bia  tiiii  t» 

-0- 

Pqoh  wL 

Vi,d 

fiwStaifit 

i  Ui  the  lH>ok ;  »iiul  tiicn 

wiOi  j|¥i^ 

nation  of  thern^  in  the 

lUiiip 

WorkJ,    VmU   Times, 

Ax™, 

^Llc^ojid  (ieutr;*!  Evcn- 

'   ling  tiie 

pnupid  * 

1  for  the  i 

52Sr  ' 

*    ion, 
is 

Ibca,^  JUsrr^b  tiiA,  l^tK','— his  hund^wnUu^ 
Ul«  word*   **  l^tt*    ihifUianU    mvmiH'n^*" 

iiaikr,   I  rAxmot  s;ty  by  him,   hnt  by 
la^f,  I  •«p|HJ-«  fnr  iljc  pvirpo!«e  of  being 
famuli  t   (here  i»  ut  tlte  condu- 

•i«i  o:  \T\  iho  Ikmd-wntuiij  ot 

I:    ' 

tccT^Aty  do  reiuru  ike  thanks  qf 
liu  .in>fui^  ia  ih€  SoCiitj/  for  Comiitutionul 
JM^imimn  uiMi^k^d  tu  SMffici^I,  ami  tfwt 
ke  #«».-^..  #,5  1410^  ^ij^  wh^tjhmiUhip  nmi 


.J /Za'^    'viely  embraces  tKcm^  as  bruthrr 
ffcri  in  the  tam^  fntjse  ;  ■  * — ojf 

3jiie  :mt]  practice  I  suppose.   *'  That  he  dp 

'■    (htm   i^'  our  tntirc    concttrnnce   itHik 

Lilt  it  optmon,  ru.  (hat  the  ptopk  of  (hit  conntr^^ 

are  nntf   us  Air.  httrke  tcnna  thu^Uy  Kimnei'*^f»\ 

ihr  iv'ri»"r  of  ihi-s  mnsl  have  known  very  weln 

in  which    an    improper  wurJ,   £1 

..     i  imil,  was  used  by  the  person  t^J 
whom  lie  now  alludes, — but  rational  kin^i^} 
better  qualified  to  ifparote  truth  from  en  or 
than  hirnMti/f  jyosnesiing  more  hondtjff  and  Us$ 
crafh 

^*  RtBotvfdt  that  this  society  niH  an  Friday  I 
ntrtf   March  31jt^   ballot  for  the  t  etc  he  osw 
$ucifited  members  rtcoitimtndtd  by  the  Shcffitl^^ 
ctnumittte^  and  approved   ot    IhiS  meeting,-* — -J 
T'     1  iJiia  paper  is  tJvua  ordered  to  be  pub- 1 

1  for  the  primary  purpose,  I  submit,  of! 
itLniumending  that  prmcipic  [and    pr;u:ljce,] 
which  makes  the  Sheffield  people  **  fellowv  j 
labourers"  with  the  Constitutional  Society  iQ 
the  siime  cauisc  of  principle  and  practice,  an4 
which,  both  in  the  ])rinciple  and  practice,  waf  ] 
anued  at  the  destruction  of  the  govrmraent  of] 
the  country; — of  that  hereditary  mormrchy. J 
which  Piiine  represents  as  tyranny;— of  tha|j 
linated  monarchy,   which   he  represents  ai 
tyranny  ;  and  for  the  purpose  of  recommendT  I 
ingXliai  repreiteHtative  government f  which,   I] 
say,  is  the  true  sense  of  all  the  words  which  ' 
these  people  use :— but  this  is  not  all — you 
will  observe,  that  this  paper  of  resohitions 
was  accoaiptuiitd  by  a  letter,  in  which  letter  ' 
there  is  also  the  hand- writing  of  Mr.  Took«x  | 
and  thai  the  paper  states  that  two  thousand  . 
members  belong  to  the  Bocicty  at  Sheifield, 
and  that  tliis  number  is  to  be  ttalcd  by  pul^ 
lication,  as  the  mmiber  of  persons  belonging  ^ 
to  the  ftociety  at  ShclTitld.     In  another  pubh* 
calum    they  are    stated   to  amount  to  twa 
thousand  four  hundred^iu  November  J 793, 
it  is  stited^  that  they  were  many  thousands  i  ' 
now  you  will  see  from  the  witnesses,  some  of 
these  eurrespondeuLH,  these  able  men,  who 
are  so  little  corrupt,  in  the  course  of  cxamirm* 
lion — ^you  wdt  see,  unless  I  am  mistaken  ia 
the  cllect  of  the  evidence  I  have  to  oHcr,   the 
truth  of  an  obT^crvatloti  that  1  made,  that 
mankind  were  to   be   misled,  and   societies 
were  to  be  invited  to  be  created,  by  the  mis- 
re^trcseniaiion  of  numbers,   and  by  j^iving  tQ 
'Msting   fiocieties  a  colour  in   I  hat   respect, 
nhuh  did  nut  bclunja;  to  them;   tor  to  this 
after  all  the  pains  which   have  been 

*   with   the   Shctheld  petiple  (and  what' 
p.utjs  ygu  will   hear),    those    persons,  who 
vNLre  two  thousand^  have  yet  arrived  \o  bu| 
about  six  hundred. 

Gentlemen,  this  iocietj,  haviAE  m  thii 
letter  expressed  an  inclination  tlmt  the)f 
should  have  some  associated  members  in  tha 
Corutituli*      '  '  '    •    !'»Ualion  l)e£»in9 

ill    the   i  V  in   Londcni 

Will  tind,  that  upon  ihc  lilstol 
jHf^oni  wwic  ballotled  fur  as  ii^  ..  ..- 
U 


291] 


55  GEORGE  III. 


Trial  of  Tkomtu  Hardif 


caw 


field  Society f  and  became  associated  members 
of  this  society ;  you  observe,  that  this  letter 
had  stated  Vrom  Sheffield  thai  they  had 
received  before  a  communication  from  Mr. 
Tooke,  and  Mr.  Tooke  afterwards  writes  a 
draught  of  a  letter  which  is  sent  to  them,  in 
whicTi  he  slates,  "  I  am  directed  by  the 
Society  for  Constitutional  Information  to 
acknowledge  the  receipt  of  your  letter,  and  to 
express  to  you  that  vciy  great  pleasure  and 
satisfaction  which  they  received  from  your 
communication;  the  society  have  unani^ 
muusly  elected  t^'elve"  (here  follow  the 
names  of  the  persons),  **  as  associated  rasm- 
bers  of  this  society,'' — These  persons  being 
certainly,  gentlemen,  extremely  respectable 
men  as  subjects  of  Great  Britain^  but  at  the 
*ame  time  men,  that  one  wonders  a  lililc 
should,  upon  such  a  purpose  as  this,  without 
a  little  more  instruction  being  infused  into 
their  minds,  have  been  associated  as  members 
into  this  society—**  and  we  flatter  ourselves, 
that  when  any  business  or  other  occasion 
shall  lead  any  of  those  gentlemen  to  London, 
they  witt  be  kind  enough  to  honour  the 
society  by  their  presence,  and  give  us  an 
opportunity  of  cementing  that  friendship 
between  us,  which  all  the  zealous  friends  of 
public  freedom  and  the  happiness  of  mankind 
ought  to  feel  and  exercise  towards  each  other. 
**  P.  S.  I  am  desired,  by  Mr.  Home  Tooke, 
to  request  each  of  the  associated  members  to 
honour  him  by  the  acceptance  of  the  books 
which  accompany  this  letter  f^ — which  were, 
I  apprehend  it  appears,  so  many  parts  of  the 
Rif;hts  of  Man, 

Gentlemen,  upon  the  24th  of  March  1799, 
a  paper  apecars  to  have  been  sent  to  the 
Constitutional  Society  from  a  nest  of  societies, 
the  United  Constitutional  Societies  at  Nor- 
vrich;  this  was  the  24lh  of  March  1792,  and 
it  appears,  as  I  am  instruclcd,  that  the  words 
"  'i-tth  March  1792/'  are  also  in  Uie  hand- 
writing of  Mr.  Tooke. 

**  At  a  meeting  of  the  delegates  of  th« 
Uniletl  Constitutional  Societies,  held  the  24th 
March  1799,  at  the  Wheel  of  Fortune,  St. 
Edmund's  in  the  city  of  Norwich,  it  was 
unanimously  agreed  to  communicate  to  the 
getatlemen  of  the  London  Society  for  Consti- 
tutional Information,  the  following  Resolu- 
tions: 

**  1st,  We  are  happv  to  sec  the  success  of 
the  Sheffield  Society  for  Constitutional  Re- 
form,  and  approve  of  the  delegations,  which 
yoti  and  they  have  made  in  order  to  form  a 
man  of  general  infurmalion.  We  humbly 
teg  that  you  would  grant  to  us  the  same 
favour;  aiid  it  is  our  wish,  that  all  the 
societies  of  a  similar  kind  in  England  were 
only  as  so  many  member  and  india- 

^aotubly  united  in  one  poh  ,. 

"'idly.    We   briievc   iu.a   m^lructing  the 

people  m  political  knowNnl-^c,  and  in  thrir 

^pftmral  and  inherent  n  ^ 

ttnlj  e0eclual  way  to  ol:  i 

fef  nAum^  fur  m«u  neco  oujv  i><.  mauc  nc* 

lUftilltadwitli  the  abuMJH^f  government,  and 


wiia 


they  will  readily  join  in  every  liwfut  means  lo 
obtain  redress;  we  havethc  pleasure  to  inform 
you  that  our  societies  consbt  of  some  hui^ 
drcds,  and  new  societies  are  frequently  form- 
ing, which,  by  delegates,  preserve  a  mutual 
intercourse  with  eacti  other,  for  nuitual  in- 
struction and  information;  and  the  trreatesl 
care  has  been  taken  to  preserve  order  and 
regularity  at  our  nieetmgs,  to  convince  the 
world  that  riot  and  disorder  arc  no  parts  of 
o\n*  political  creed. 

*^  3dly.  We  believe,  and  are  tirmly  per- 
suaded" (and  if  any  man  thought  so,  he  nad 
a  riffht  to  say  so  if  he  pleased),  "  that  Mr, 
BurKc,  the  once  friend  of  liberty,  has  traduced 
the  greatest  and  most  glorious  revolution  ever 
recorded  in  llie  annals  of  history;  we  thank 
Mr.  Burke  for  the  political  discussion  provoked 
and  by  winch  he  has  opened  unto  us  the  dawn 
of  a  glorious  day. 

'*  4th ly.  To  Mr.  Thomks  Paine  our  thankf 
are  especially  due  for  the  First  and  Second 
parts  of  the  Rights  of  Man,  and  we  tiocere^ 
wish  that  he  may  live  to  see  his  labonrft** — 
that  is,  the  destruction  of  hereditary  govern- 
ment and  limiled  monarchy,  and  conscqueatlt 
the  government  of  England — **  crowned  with 
success  in  the  general  difliision  of  liberty 
happiness  among  mankind/' 

Gentlemen  tnis  letter  does  not  ap^ 
(though  the  words,  the  S4tb  of  March,  are  is 
the  hand-writing  of  Mr.  Tooke)  to  have  beea 
read  in  the  Constitutional  Society  till  the  14th 
of  May  1792,  when  they  read  this  letter,  and 
also  another,  which  I  will  now  state  to  you^ 
from  the  society  called  the  Norwich  Revolu* 
tion  Society. 

**  The  Norwich  Revolution  Society  wbhes 
to  open  a  communication  with  you  atthisttsicv 
when  corruption  has  acquired  a  publicity  in 
the  senate,  which  exacts  from  the  honour  of 
the  Dritii^U  nation  renewed  exertions  for  par- 
liamentary reform^ — without  prejudging  the 
probable  event''— (Ihis  is  a  raateriarpassage, 
when  you  connect  it  with  what  is  found  m 
other  subsequent  papersj — "  even  of  such  sn 
application  lo  the  legislature,  tlie  society  is 
willing  to  circulate  the  information,  and  to 
co-operate  in  the  measures,  that  may  seear 
best  adapted  to  further  so  desirable  and  so 
important  an  end ;  it  is  willing  to  hope  the 
redress  of  every  existing  grievance  at  Xhm 
hands  of  a  government  resulting  from  an  cji* 
Iraordinary  convocation  in  1688— an  eatraor^ 
dinary  convention  of  all,  who  had  at  auy  pnv 
ceding  time  been  elected  rcpreseutativct  of 
the  people,  assisted  by  the  hereditary  coun- 
sellors of  the  nation,  and  a  peculiar  dcnuta* 
tion  from  the  metropolis;  which  natiooai 
constilutin^  assembly  cashiered  for  tttSscai^ 
duct  a  king  of  the  house  of  Stuart** 

The  opinion^  and  principles  of  this  vode^ 
are  bcM  t  by  an  appeal  to  ibeir  lit^ 

raryrc(  .  o^^  To  James  Macki&lorit^^ 

*  In  1&03  apfioinled  Recorder  of  Bombay, 
on  which  occasioti  hertceiired  the  booouroi 

knighthood. 


«6] 


Jm  High  Treatcn, 


A.  D.  1794. 


i9Q^ 


IT  I  y^  the  society 

II  aion  and  giu* 

1 1^  J  w  ledge,  Ujc  tloquence,  and 

?h  i\  splrU,  with  wlijch  he   has 

jw  Jed,  aud  commented  on  the 

ui.  nnce;  it  hesiialcs  to  assent 

ri    II i^  43ptDioDS — that  there  are 
rests  in  bociety,  those  of  the  rich 
„,-^-  uf  the  poor — if  so,  what  chance 
the  luttcx  ?     Surely  ihc  interests  of  ali 
I  indusihous^  from  the  richest  merchant  to 
I  poorest  mechanic,  are,  in  every  community 
e,  to  lessen  the  numbers  of  the  unpro- 
x%  \Q  whose  maintenance  they  cojUri- 
p,  ntvl  \ii  do  away  such  institutions  and  im- 
ridget)je  means  of  maintenance, 
the  demand  for  iahour,  or  by 
im^  1 :  as  the  means  most  condu- 

<]ff«  U*  lehensive  end»  the  Norwich 

it  '  sir«fi  an  eqiiiLable  repre- 

,  it  A^.^ni-,  .^1  iVian  by  Tliomas  Paine, 
tod  th«  tdirice  to  the  privileged  orders  by  Joel 
"^  '  iw,**  A  book  which  I  sbaU  give  in  evi- 
'  therefore  shall  slate  some  passages 
^raESCOtiy,  "  have  also  been  read  With 
ition  and  circulated  with  avidity/' — Now 
^s  book  you  wiU  hud  is,  in  llie  plainest 
tD09t  tmequivocal  language,  as  I  uuder- 
it,  an  ejihortalion  to  ail  people  to  get 
4if  iuiigty  government,  and  addressed  more 
|«ticuUrJy  to  the  two  societies  I  have  mcn^ 
iMtdV  fts  ci.'i  the  substance  of  the  bu- 

im%  in  ^  are  interested,  as  you 

nil  IM  wb<'n  i  come  to  State  the  transaction* 
dOctebcr  1799. 

■  The  Rights  of  Man  by  Thomas  Paine, 
tod  %km  advice  in  the  privileged  orders  by  Joel 
Blvkr«r,  have  al^)  becii  read  with  atlention 
lod  drailaud  with  avidity  ;  they  point  out 
%itJi  dcamess  jsosl  of  the  ahuses  which  have 
Utijittlilcd  uoder  tlie  British  government; 
fifty  att^^tk  with  energy  most  of  the  prejudi^ 
"  ,vc  tendedto  perpctuale them." 

A-  any    man  living  couJd  tliank 
|jc*jt4c  without  informm^  them  tliat,  if 
Ih^  r«iJly  meant  well  to  their  country,  they 
be  i  in  the  extreme,  or  something 

could  reconcile  either  the 
ut  iniHii  oi  Joel  Barlow's  book  on  the 
Orders  with  the  principles  of  that 
in  1688,  which  is  the  foundation 
i4'|Im  litelies  of  this  country,  is  to  me  quite 
OBl^Qcpble,  Hi  If  AhvT  St  at  in  (7  Uic  consli- 
toliQiioClli]  r  fabricated 

1  vvclve  names 
led  members  from  Nor- 
i  »piion  of  some  of  these 
fxn^  al?K>,  from  a  siiig;idar  circum- 
•tidicci   te    bp    in  the   h^nd- writing  of  Mr. 
Tmkau    Tb'  sr turns  thanks  to 

Iba  aockti*.  md  Norwich  for 

llip  raioluiioiis  uf  the  London  Correspond- 
M|Sadetj^  which  1  loir*  -re  sent  ou  ihc 

MiirfMafi:b,ar«  10  ' 

**  ItiOlvcdiTbat  en  f,-  ♦^v..  -  Uual  has  a  right 


to  share  in  the  government  of  that  society  of 
which  he  is  a  member,  unless  incapacitated, 

"  Resolved,  That  nothing  but  non-age,  ofj 
privation  of  reason,  or  an  onence  a.i;ums£  therf 
general  rules  of  sucicty,  can  incapacitate  hira^^l 

**  Resolved,  That  it  is  not  less  the  right^.| 
than  the  duty  of  every  citizen,  to  keep  ak 
watchful  eye  on  the  guveruraent  of  thiscoun^l 
try,  that  the  laws,  hy  being  multiplied,  do  notj 
dt-generale  inlo  o(ypression,  aud  that  those  \vh<i 
are  intrusted  with  the  government  do  not  ^ub* ' 
stilute  private  miercst  for  public  advitntck^'. 

**  Resolved,  That  the  people  of  Great  Bri- 
tain are  nut  properly  represented  m  parlia* 
ment, 

**  Resolved,  That  in  consequence  of  a  par- 
tial, unequal,  and  inadequate  representation^ 
together  with  the  corrupt  method  in  which 
representatives  are  elected,  oppressive  ta3tes,^ 
unjust  laws,  restrictions  of  linerty,  andwasl^j 
ing  of  tl^e  public  muney,  have  ensued, 

"  Resolved,  That  the  only  remedy  to  those 
evils  is,  a  fair  and  impartial  representation  of 
the  people  in  parliament. 

"  Resolved,  That  a  fair  and  impartial  repre-  i 
sen  tat  ion  can  never  lake  place  until  partial  j 
privileges  are  abolished,  and  the  strong  temp-  \ 
lations  held  out  to  electors  aBbrd  a  presump- 
tive proof,  that  the  representatives  of  thia 
country  seldom  procure  a  seat  in  parliamentj^ 
from  the  unboimht  suffrages  of  a  tree  people. 

"  Resolved,  Tnat  this  society  do  express 
their  abhorrence  of  tumult  and  violence  x 
and  that,  as  they  aim  at  reform  not  anarchv^ 
reason,  lirmness,  and  unanimity  be  the  only 
arms  tiiey  employ,  or  persuade  tlieir  fellow- 
citizens  to  exert  against  abuse  of  power.** 

Gentlemen,  in  this,  which  I  have  now  read 
to  you,  I  am  willing,  if  you  please,  that  you 
should  construe  every  word  of  it,  though  cer- 
tainly it  is  not  consistent  with  the  principles 
of  British  government,  upon  tliis  principle, 
that  those,  who  sent  tliat  paper  to  the  Consti- 
tutional Society,  if  it  even  was  sent  there  at 
alt,  really  understood  it  to  be  consistent  with 
the  principles  of  the  British  government;  and 
1  claim  no  credit  fur  the  veracity  with  which 
I  assert,  that  this  conspiracy  has  existed,  un- 
less 1  show  you  by  subsequent  acts  of  this  so- 
ciety, that  at  this  moment  they  meant  what 
Mi\  Paine  hays,  in  principle  and  practice,  is 
the  only  rational  thing— a  uprescntaiivt  gO' 
Terument :  the  direct  contrary  of  the  govern- 
ment which  is  established  here. 

Yon  will  find,  by  what  I  shall  lay  before 
you,  that  there  was  a  society  in  South  war  k, 
— ^lo  this  society  the  London  Cor  res  pond  uig 
Society,  in  a  letter  which  I  iiave  to  read  to  you 
presently,  stated  their    adoption  of  all  Mr. 
IVine^s  principle*,  with  a  view,  as  I  think,  ta 
the  pracUcc  recommended  in  his  works  t  thif  ^ 
society  also  received  the  thanks  of  the  Consti- 
tutiona!  Society  for  a  communication  which  I , 
am  about  to  state  to  you ;  and  the  Londoi^  | 
Corresponding  Society  afterwards  entered,  as  , 
it  seems  to  me,  into  a  combination  with  thcm|  ^ 
upon  tlic  prhiciplcs  stated  in  that  coiummu-' 


295] 


35  GEORGE  III. 


cation:  I  say  it  is  impossible^  attendittg  to 
tliese  facts,  for  any  man  who  reasons  fairly, 
to  doubt  that  the  principle  of  the  London 
Corresivonding  Society  ana  of  the  Constitutio- 
nal Society  was,  to  form  a  repretentative  go- 
vernment, in  this  country. 

A  declaration  from  a  society  in  South wark 
was  read :— *'  Resolved,  that  the  thanks  of 
this  society  be  given  to  the  Southwark  society 
for  the  following  communication,  and  that  it 
be  published  in  tne  newspapers : 

•'April  IP,  t79t2,  at  the  Three  Tuns  tavern, 

Southwark     Resolved,  That  we  do  now  form 

Ourselves  into  a  society  for  the  diffusion  of 

political  knowledge. 

:       "  Resolved,  That  the  society  be  denomi- 

\    sated  the  Friends  of  the  People. 

"  Resolved,  That  the  following  be  the  de- 
.  claration  of  this  society," — which  is  the  pre- 
■  amble  to  the  constitution  in  France,  in  the 
;  year  1791. 

"  Considering  that  ignorance,  forgetfulness, 
or  contempt  of  the  rights  of  men,  arc  the  sole 
causes  of  public  grievances,  and  the  corruption 
of  government,  this  society,  tbrmcd  for  the 
purpose  of  investigating  and  asserting  those 
rights,  and  of  uniting  our  efforts  with  others 
ol  our  fellow-citizens  for  correcting  national 
abuses,  and  restraining  unnecessary  and  ex- 
orbitant taxation,  do  hereby  declare— 

"  First,  That  the  great  end  of  civil  society 
is  general  happiness. 

**  Secondly,  That  no  form  of  government  is 
good,  any  farther  than  it  secures  that  object. 
^  "Thirdly,  That  all  civil  and  political  autho- 
rity is  derived  from  the  people" — that  people, 
of  whom  they  were  afterwards  to  form  a  con- 
vention. 

"  Fourthly,  That  equal  active  citizenship  is 
the  unalienable  right  of  all  men;  minors,  cri- 
minals, and  insane  persons  excepted.*' 

Now  will  my  friend  dispute  with  me  what 
these  principles,  according  to  the  ideas  of  those 
who  state  them,  lead  to  ? 

"  Fifthly,  That  the  exercise  of  that  right, 
in  appointing  an  advijuate  representative  go- 
rernwc«f,"— that  is,  the  government,  which 
Mr.  Paine  tells  you,  rejects  every  thin;»  that 
is  hereditary— is  what; — "the  wisest  device 
of  human  puliry" — not  only  that,  but  it  is — 
"  the  only  security  of  national  freedom." — 
Tlien,  is  not  that  a  direct  assertion,  that  the 
British  government  exists  upon  principles  not 
reconcilable  with  the  principles  of  a  govern- 
ment thai  can  have  any  security,  or  such  a 
security  as  it  ought  to  have  for  general  free- 
dom? 

The  Society  for  Constitutioniil  Information 
return  their  thanks  upon  that  also,  and  then 
those  persons  who  write  this  letter  say  far- 
ther in  the  same  paper — 

"  We  cull  upon  our  fellow-citizens  of  all 
descriptions,  to  institute  societies  for  the  same 
great  purpose"— that  is  the  purpose  of  intro- 
ducing representative  government — **  and  wc 
recommend  a  general  correspondence  with 
each  other"— but  alticlicd  and  rivelted  to  the 


Trial  of  Tkomoi  Hardy  \2S& 

Constitutional  Societv— '^  and  with  the  Soci- 
ety for  Constitutional  Information  in  London, 
as  the  best  means  of  cementing  the  common 
union,  and  of  directing  with  greater  energy 
our  united  efforts  to  the  same  common  ob- 
jects." 

What  were  the  objects  of  this  society }  You 
will  find  that  the  objects  of  this  society  were 
the  objects  of  the  Constitutional  Society; 
and  you  will  find  presently  that  tlie^  were 
the  objects  of  the  Currespondine  Society : — 
The  Constitutional  Society  resolved,  **  that 
every  society,  desiring  an  union,  or  correspon- 
dence with  this,  and  which  doth  not  profess 
any  principles  destructive  to  truth  or  justice" 
— now  this  gives  occasion  for  the  first  remark 
I  have  to  make  upon  language — •*  or  subver- 
sive to  the  lil»crties  of  our  country :  but  which, 
on  the  contrary,  seeks,  as  we  do,  the  removal 
of  corruption  frum  the  legislature  and  abuses 
from  the  government,  ought  to  be,  and  we 
hope  will  be  embraced  with  the  most  bro- 
therly affection  and  patriotic  firiendship  by  this 
society." 

I  observe  upon  this,  that  all  this  handsome 
langiias;e  is  perfectly  consistent  with  this 
principle,  in  the  minds  of  those  who  write  it, 
and  they  do  not  venture  to  explain  it,  because 
I  think  they  durst  not  explain  it,— with  this 
idea  in  their  minds,  that  those  principles 
were  destructive  of  truth  and  justice  were 
subversive  to  the  lil)crties  of  the  country, 
which  were  principles  in  opposition  to  those 
of  Mr.  Paine;  and  that  all  practice,  that  was 
in  opposition  to  the  practice  he  recommends, 
was  subversive  to  the  liberties  of  the  country. 

I  come  now  to  a  circumstance  or  two, 
which  lead  nic  to  state  shortly  what  will  be 
proved  to  be  the  original  constitution  of  the 
I/)ndun  Corresponding  ScK-icly — the  plan  (the 
eflicacy  of  which  had  been  tried  in  France, 
and  which  men,  who  ctmie  from  thiit  cotmirj', 
were  probably  well  acquainteil  with) — was,  to 
unite,  first  sniall  bodies  of  men — as  s<ion  as 
they  tame  to  a  greater  number,  to  divide 
them  into  smaller  parties,  and  so  to  spread 
themselves  by  degrees  ^as  you  will  find  in  the 
letters,  was  the  piirpose  of  these  societies), 
from  town  to  town,  from  village  to  villag^e, 
from  hamlet  to  hamlet,  till,  as  they  explain 
it,  there  should  not  be  an  unenlightened  man 
in  the  country. 

The  constitution  of  the  London  Corres- 
ponding Society  was  formed  upon  this  prin- 
ciple ;  It  will  appear  from  the  written  evidence 
which  will  be  produced  to  you,  that  a  gentle- 
man of  the  name,  [  think  of  Felix  V'aughan, 
was  appointed  a  delegate  upon  the  30th  of 
April,  lor  No.  63  ;  that  Mr  Hardy  consulted 
him ;  and,  bein^  also  appointed  to  form  a 
constitutional  code  of  laws  for  the  London 
Corresponding  Society,  Mr.  Hardy  consulted 
him  u|)on  that  subject.  The  preamble  to  tlie 
resolutions  which  formed  their  constitution 
was  this :  "  Whereas  it  is  notorious  that  very 
numerous  burthensomeand  unnecessary  taxes 
arc  laid  on  the  persons  and  families  of  us  and 


Jbf  High  Tremom* 

ns  inhabitants  of  Great 
Iv  >Tf  ;it  mrijority  of^hom 
'  fh>ni  all  reprt?- 
>^  iipoii  in*juiry  \ 
t,%  >fhich  \s  at  ( 
mstry,  and  a  di-  | 
Ut)v>u  i>l  uur    |>roj>crt>\   wr.  tin<l  tUat  the  ( 
llitiiMlinii  ».r«»iir  couulry»  which  was  pur-  j 
enpeniRc  of  the  Uve»  of  [ 
V  the  violence  and  intrigvic  ) 
_        n,  been  injured  I 
^etilial  and  im-  1 
rriv  tn  the  Houfteof 
■u\t  pf  the  supposed 

.1,.      .^      i,#MtLr.r-      .,,^,ro 


-t  such  do   fL<>ftertioQ   in  this 

I  of  Iftw  in  this  country  has  not 

imctcr  that  belongs  to  law  ; 

rd  power  *rva'^  ever  to  be  em- 

Mon  of  that 

iicielyaim- 

i  w;lli  liieir  own  principles,  rc- 

lotnent  iinintelligiMc  to  itie — 

'      <?inthemodeofeIcc* 

liamejit^i,  or  from  a 

'     -     i  corpora- 

iie«5ot  this 

'J  ^T^.,v  from  the 

licrs  of  parhattienl: 

n.  iiM  thii  until  this 

Ld  by  the 

jiiessj   and 

t'  are  robbed  of 

>ii  hvourforc- 


A.  D,  1794, 


[2 


»  diid  UiTti  our  ta* 

wi!!    ffo  on     1 


rd  tor  the  sail 
v^tlupteil     the 
'  roftl   order 


.  iuid  pensions, 

trlianienl :  we 

ourselves 

ly,  for  the 

nruJ  others  of 

par  liame  alary 

•—  "f'ul  bui 

lOce, 


and  so- 


Thry  thtn  slate 

lution  hav- 

1   it  af\cr- 

t  observa- 

>  it  in  I  he 


for  No,  m\  Mr.  Rkhter,  a  party  tiamtd  in 
ttiis  indrctrneni,  and  Mr.  Marhn  v,Mr.ih«»r 
parly,  a«;ainst  whom  the  graoM  vc 

Ibund  a  6iU,  but  who  is  not  natnr^  in- 

dictment^ ore  also  appointed  delegates.  Mr« 
Hardy  is  not  only  secretary,  but  he  b  tp- 
pointed,  upon  the  IDth  of  April  a  d^l^gate ; 
and  there  is  a  choice  of  delegates  for  the 
whole  of  these  bodies.  You  will  find  they 
afterwarrls  met  from  lime  to  time,  to  pur- 
sue the  great  purposes  of  their  ineornor** 
tion,  at  an  alehouse,  I  think,  the  Betl  m 
Eaeter  street,  in  the  Stmtid,  from  which  plaeo 
some  of  the  correspondence  I  am  about  to  state 
to  you  comes. 

Gentlemen,  the  Society  for  Constitutiotuil 
Information,  having  affiliated  several  socie- 
ties very  suddenly  with  themselves— whether 
Mr,  l^inc  remained  in  this  country  or  not  I 
cannot  tell — they  felt  an  incliuation  to  affiliate 
with  another  soticly,  which  Is  to  be,  as  it  ap- 
pear* to  me,  in  justice  to  ibem,  very  slronyly 
dislinj^nshed  indeed  w^ith  respect  to  the  prm* 
ciples  upon  which  they  acted,  I  tomu  the 
society  calling  itself  the  Friends  of  the  Peo- 
ple, meeting  at  Free  Masons*  Tavern  :  with 
what  prudence  or  discretion  that  society 
formed  itself  is  a  subject  which  I  shall  not 
discufis,  but  it  is  a  mosi  important  fact,  that  in 
the  first  attempt,  which  the  .Society  for  Con- 
stitutional InfornmiKjn  made  {and  it  ought  to 
be  knovvn  in  jU5iliee  to  the  Friends  of  the  Peo- 
ple), the  first  attempt  they  made  to  affiliate 
themselves  with  the  Society  of  the  Frti-iKi^  of 
the  Peopld,  that  society^  in  coi  ,ce 

that  will  be  read  to  you,' act 9  as  -  vh 

dual  members  of  the  Constitutiontii  .Society 
had  done ;  they  say—**  No,  we  discover  y^uf 
design  from  wlial  you  are  doing;  you  tell  u«. 
from  your  apprabatiou  of  resolutions  eiiterea 
into  at  Manchester,  signed  by  Mr.  Walker 
and  Mr.  Jackitun,  that  you  approve  the  sort  of 
schemes  Mr.  Pajoe  has  set  lortlij— that  you 
approve  pnjccts  of  giving,  in  loo^e  and  inde- 
finite terms,  the  tiiU  extent  of  wK^'  ^^"'  fsill 
the  rights  of  the  people,  to  the  |  ii 

is  notour  intent;  we  think"-  _    lUe* 

men,  many  a  man  may  vti  Ihinit 

it,  but  he  must  go  about  thf  k  of  hie 

thoughts  in  a  le^l  wdVi  il  1>^  dot-s  au  think, 
if  he  means  to  reduce  his  thoughts  into  prac- 
fice— -"  we  think  ihdt  paHi.tmeru  is  not  arle- 
ijitatc  to  all  the  end^  f^^^r  which  it  i*  ifHfiUited 
as  n  liody,  Ihroui^h  which  is  to  1"  as 

fiiT  !*^  the  consliintiou  requires,  H  ^hc 

■  '.'     '•  r    ■  ■    '  ■■  ■'"■     ■'"   '        I  mean; 

coneti- 

'.viMLri  ill- 1 1..,'-(  >'n.  M-  ,..--,  .-i'  meafl*/* 

d  John  RusAell!  in  a  letter,  which  wiU 

-  1,1  i,r.  >,.)..  r  Uie  tbrm««  of  the  con- 

musl  decltiM  all  em-- 


; 


«0J. 


Jenii^n,  it  h:ippen%— it  l>eUmgs  it  SO- 
;         ^    ^  uf  thi^  nntTtrr^   nnd    !   desire  to  IMj 

^ —  I  umJrfalood,    '  ♦  lt»  only  as 

lioti,  Vol  23,  p.  I  stating  a  tn  u  its  nature 

I  docs  belong  to  tUu:>t:  ^uiicUc^,  autl  whicb 


3 


35  GEORGE  XU. 

kippeo— tlmt  il  was  thought  necessary,  for 
the  great  purpo&e  of  domg  that  which  was 
eventually  to  be  done,  that  a  society,  which 
had  rejected  co-operation  with  the  Society  for 
ConsUtutional  liifuroiatioD,  should  stiJl  be 
iept,  for  the  purposes  of  the  Society  for  Con- 
stitutional Information,  in  fact  and  cifect 
corresponding  and  connected  with  it*  Ac- 
cordingly you  will  find  that  this  Society  of  the 
rrienos  ol  llie  People,  rejecting  upon  principle 
the  plan  wlilch  they  tliotight  abandoned  the 
forms  of  the  constitution,  that  this  society 
retained,  in  its  own  bosom,  according  to  the 
iccouot  I  have  of  it,  many  raembcra,  who 
happened  to  belong  to  the  other  society,  and 
Ihe  work  of  both  societies  went  on  by  the 
same  instruments  :  they  were  thus  therefore 
ixkooected  in  fact,  though  they  did  not  choose 
as  a  body  to  have  one  society  in  connexion 
with  the  other. 

Gentknaen^  having  stated  that,  you  will 
allow  me  now  to  mention^  though  it  is  a  Uttle 
out  of  date,  but  it  also  connects  itself  with 
and  illustrates  the  last  observations  I  made, 
that  the  society  at  Sheffield,  which  had  con- 
nected itself  by  affiliation  with  the  Society  for 
Constitutional  Information,  and  you  will  also 
find  with  the  London  Corresponding  Society, 
had  received,  about  the  'i4th  of  May»  inteUi' 

fence  from  the  Society  of  the  Friends  of  the 
eoplc,  which  stated  to  them  very  correctly 
what  their  objects  were,  the  means  by  which 
they  meant  to  accomplish  them,  and  the 
attention  which  they  meant  to  pay  to  the 
forms  of  tlie  constitution.  You  will  now  see 
what  Uie  Society  for  Constitutional  Informa- 
tion understood  to  be  the  objects  of  the 
Sheffield  Society,  and  what  the  Sheffield 
:iety  understood  to  be  the  objects  of  the 
:iety  for  Constituiional  Information.  The 
lefficld  Society  (though  I  do  not  know  that 
they  kept  their  word)  dlsimctly  disavowed,  in 
a  letter  of  the  26th  May,  to  the  Constitutional 
Society,  having  any  thing  more  to  do  with 
tJial  society— called  the  Friends  of  the  People 
— which  meant  to  preserve  the  forms  of  the 
constitution ;  represented  that  they  had  totally 
misunderstood  them,  and  would  have  notliing 
more  to  do  with  them,  Vml  to  the  extent,  to 
which  the  Society  for  Constitutional  Informa- 
tion permitted. 

You  wUl  fiiid  in  a  letter  from  Sheffield,  of 
the  Jflth  of  May,  and  this  corrected  by  Mr. 
Tooke,  that  they  thank  the  Constitutional 
Society  for  accepting  their  mtmbers,  Tiiey 
then  state  that  they  had  increased  to  two 
thousand  four  hundred. — "  On  Saturday  last, 
the  19th  instant,  we  received  a  packet  nf 
printed  addresses,  resolutions,  &c.  from  the 
Society  ^Vrr-    ML«vn»,v'  '^;iv^Tn^    which,    on 


maturt 
well  rti 
as  we  t 
diflcreii 

SU'-' 

ht. 


■.  not  no 

V  lO  U5t 


if  liicy  biid  jh 
icw  ;   nor  do  n 
'  ct,  as  w( 
^rcled  froi^ 


tion  of  ^  ^cspccUblc  a  body,  undci  tUe  hi 


Jritt/  of  Thomoi  Hardy 

denomination  of  the  Friends  of  the  People* 
In  our  opinion,  their  answer  of  the  19th 
instant  to  your  letter  of  the  27 ih  ultimo  is  no 
ways  compatible  with  that  appellation ;  from  , 
the  known  respectability  of  many  nan 
which  appear  amongst  \hem,  we  had  enti 
taiued  great  hopes  of  their  real  use,*' — mar] 
the  words,  gentlemen — "  in  obtaining  a  the 
rough  reform" — now  mind  what  that  refor 
is — **  in  obtaining  a  thorough  reform  up 
the  principles  of  Sie  rights  of  man,** — that  is 
a  representative  government,  rejecting 
king,  and  rejecting  every  otlier  part  of  the 
constitution  of  this  country,  except  so  far  as  it 
was  consistent  (indeed  it  is  not  consistent  ] 
with  any  part  of  them)  with  the  princinlci  ol 
the  rights  of  man — "  which  can  never  ne  ae« 
compUahed  until  every  man  enjoys  his  lawful 
and  just  privileges. 

^*  Previous  to  tlie  reception  of  this  packet, 
we  did  communicate  to  them  by  letter  the 
]^ leasing  hopes  it  reflected  on  us  on  looking 
forward,  viewing  such  respectable  characters 
signalizmg  themselves  in  support  of  the 
people's  rights,  agreeable  to  the  above  princi- 

Eles,  and  the  denomination  by  which  thcj 
ave  entitled  themselves,  &c.    In  due  coursei^ 
they  would  receive  our  letter  last  Thursdaj^ 
seven- night ;  and  in  consequence,  we  appre 
bend  the  packet  was  forwarded  to  us  on  the 
same  day,  but  without  any  writlcu  communi-*'] 
cation.    We  shall  not  attempt  any  further  • 
communication   with   them,    until  we   are 
favoured  with    your    sentiments   upon    the 
subject,  or  until  matters  of  doubt  which  are  at 
present  entertained  be  removed.^  Then  there 
IS  a  note,  which  shows  the  necessity  of  this  | 
fostering  care  of  the  Constitutional  Society  i 
they  say—'*  Birmingham  in  panicular  claimi^ 
all  the  assistance  from  estaohshed  societie 
which  possibly  can  be  administered.*' 

Having  written  to  the  Constitutional  Society 
upon  the  26th  of  May,  they  6nd  it  expedient^ 
for  the  same  purpose,  to  trouble  their  corres^l 
pondentsofthe  London  Corresponding  Society  ^\ 
**  We  were  favoured  with  your  very  aflfecUo*  I 
nate  letter  of  the  7th  ultimo,  and  communica-J 
tion,  in  due  course ;  and  I  am  directed  by.  I 
this  society  to  inform  you,  that  it  is  withH 
infinite  satisfaction  they  receive  the  informa*  I 
tion,  that  your  firm  and  laudable  endcavourf  ^ 
are  directed  to  tliat  effectual  and  necessary 
purpose,   of  opening  and   enlightening  the 
public  mind,  and  di>       i^i;  useful  know- 
ledge amonestthe  gi  uf  the  people  i J 
by  an  orderly  procecamg  in  »  firm  mn-suil  of^ 
truth  and  equity,  there  cannot  be  a  uoubt  but 
that  our  joint  endeavours  will  in  due  time  he 
crowned  witli  success* 

"  As  brothers  and  fellow-labourers  we  con* 
gratulate  you  on  the  rapid  progrees  ot  usefiil^ 
and  real  knowlcdi^e  In  the  vLirii»us  ^mrtsof  this  i 
n,  which  -  th,a  the 

cannot  bt     .  inith  will 

•redommaiJ  uiurt»  gtnerallrj 

cd,  and  b.  lum  more  uutj 

-ught  aAer*    VV  hen  pride^  ambitkiOp 


SOI] 


Jiir  High  Treason- 


A.  D.  1794, 


[302 


agoonrtice  give  pl^cc  to  these  virtuea, 
Hhcil  ojiprcfsion  ceases  and  charity  abounds, 
Irheii  men  in  principle  and  practice  verify  the 
oly  and  advantage  of  doing  to  others  as 
htT  wash  to  be  done  by ;  then,  and  not  till 
en,  oin  any  people  or  nation  be  said  to  be 

**  Wo  have  herewith  enclosed  our  rules, 
Should  have  written  you  much  sooner, 
on  account  of  a  diappointment  in  the 
riuting  of  our  articles,  ike. 
'*  Our  numbers  continue  to  increase,-4K)th 
e,  and  in  the  adjacent  towns  and  villages ; 
general  coucurrence  prevails,    as   to    the 
aty  of  the  business,  and  the  measures 
iopted  by  this    society  for    obtaining    our 
(bject.    It  will  be  of  peai  importance  to  the 
I  wc  arc  engaged  in,  that  a  more  frequent 
Eiunication  be  maintained  amongst    all 
t  aimilar  institutions;  for  which  reason  we 
the  favour  of  your   correspondence  at 
^       :  vcnient  opportunity,  which  will  be 
111  ^ine  to  lois  society,  who  in  return 

*  .^^^  » . .  t  ui se  I V  V  <  •  <  -  I '  ^  f  r V e  I  h e  sa  me  rul e, '  ^ 
Gentlemen,  li  ed  lo  you  now  what 

Iwa*:  tliii  tilt  ,  ,A  the  Friends  of  the 

op'  >  be  the  object  of  the 

*in  ry»  and  I  agreeing  with 

in  ii  lieir  disicovcry  upon  that 

ibjectwus  and  right,  you  will  find 

\  neceasary  to  gu  back,  and  to  proceed  in  the 
*•  of  time  to  the  ?th  of  April.     Mr.  Hardy 
nt  from  the  London  Corresponding  Society 
copy  of  their  resolutions  to  the  Society  for 
atti  '  '    "    ! nation,  which  was  estab- 

•  r^    and  desired  also  to 
I  currcspuiiutiiic  with  them,  as  they  were 
*  in    one  common  cause ;    that 
P^H-ui...  s;,„  u.»v    vQy  ^in  recollect,  which 
■^1  er  great  benefits  which 

^,  l^^,^  .„^    „  i:J,  would  be  carried  into 

Urn  sayf,  **  Wc  began  this  society  about  ten 
*l  aeo;  it  h  compOMd  chiefly  of  irades- 
UM    shopkeepers.    The  enclosed  will 
I  you  of  the  principles  wc  set  out  upon. 
'^Vfh/m  ^Hf^  ^fM  n*^^}^\nif^A,  we  flattered  our- 
lliai  s  in  the  nation 

ffontii  nciplcs — butin 

or  ihrv;  ^  we  were  most 

Wy  inforr J  ren  at  Shelfield 

taken  the  kuu  lu  ^t^  i^iorious  a  cause 
Dctliately  wrote  to  U»em,  and  were 
^1  »-;iKi...*  .t..i  ,^    *  vnrr^^inj^  d  wiih  to 

;   ihe  ends  wc 

,  _  ^  :    „.  xjred  of  success, 

peraevenog  prudently,  and  with  unani- 


% 


'pooUte  tSth  of  April  179^,  in  furtherance 
llua  jibo*  von  will  find  Mr,  Hanly  writes  a 
to  f  I'Ql  of  the  society  m  the 

Igb—  i«  tht-  «f*r(rry,  the  prin- 

oC  ^hkch  11':  ] 

,  aa  leading  W 

lllCaillv  aecii:'^  ,;  itu-  roUDlry. 

w/jf^can  tl  Aiouib  had  also 

teot   to    Uc    ijMuwii/ii   CorrcapQiuiing 


Society;  and  Mr.  Hardy,  upon  the  18th  of 
April  1792,  Kiys  **  I  am  ordered  by  the  Lon- 
don Corresponding  Society,  to  send  a  copy  of 
their  re  so  lu  lions  to  the  society  that  meets  at 
the  Three  Tuns  tavern,  in  the  Borough, 
established  on  purpose  tor  restoring  the  rights 
of  election,  or  m  other  words,  to  obtnin  an 
equal  representation  of  the  people  of  this 
nation  in  parliament/* 

Now  the}'  had  avowed,  and  avowed  in 
their  declaration,  that  their  object  of  a  repre- 
sentation of  the  people  in  parliament  waa 
precisely  that  more  extended  one  in  its  prin- 
ciple, which  obtained  at  the  time  of  the 
Commonwealth  in  England— namely,  a  re- 
presentation of  tlie  people  in  )iarlianieDt» 
termed  a  parli.iment,  but  without  King  o? 
Lords,  a  repraentativt  gofv&'nmcnt — **  We 
should  be  ven*  happy  to  enter  into  a  corres- 
pondence with  your  society— as  we  are  all 
engaged  in  the  same  grand  and  important 
cause,  there  is  an  absolute  necessity  ibr  us  to 
unite  together,  and  communicate  with  each 
other,  that  our  sentiments  and  determinations 
may  centre  in  one  point,  viz.  to  have  tho 
rights  of  man  re-cntablishcd,  especially  in  this 
nation ;  but  our  views  of  the  rights  of  man 
are  not  confmcd  solely  to  this  small  Island, 
but  arc  extended  to  the  whole  human  race — 
black  or  while,  high  or  low,  rich  or  poor.  I 
give  you  the  following  as  ray  own  opinion^— 
perhaps  you  may  think  it  a  singular  senti- 
ment*'— and  then  an  opinion  is  given,  which 
it  is  my  duty  to  stale,  though  1  do  not  under- 
stand it — *^  that  the  kin^  and  the  nobles,  a* 
much  a^  the  peasant  and  ignoble,  are  equally 
deprived  uf  tiieir  rights.— Our  society  meets 
every  Monday  night," 

Gentlemen,  there  is  an  answer  to  I  his,  frotn 
a  person  of  the  name,  I  think,  of  1  avcll,  who 
is  chairman  of  the  Friends  of  the  Tcoplc  in 
Smithwark  :  he  says—*'  I  duly  received  your 
letter,  containing  the  resolutions  of  tlie  Lot^ 
don  Corresponding  Society — which  I  liave 
communicated  to  our  society  in  the  borough— 
and  I  am  directed  to  return  them  the  thanka  of 
thai  society,  and  to  assure  them  tlie^'  shall  cof- 
diaily  unite  uiih  them,  and  all  similar  socio- 
ties  throughout  the  kingdom,  in  endeavouring 
to  elTect  those  great  objects  ibr  which  they 
are  as^svciated — namely,  to  engage  the  atten- 
tion of  their  fcilow-cititens  to  examine  the 
general  abuses  of  government,  and  to  exercise 
Qieir  dchberative  wisdom  m  a  calm  but  intra- 
pid  manner  in  applying  those  remedies.*' — 
This  is  in  April  ;  and  in  August  they  express- 
ly tell  you,  that  there  was  to  be  no  remedy 
from  parliament — "  in  applying  those  rensc* 
dies  which  the  country  at  urge  may  ultimate- 
ly require — and  they  siucerely  agree  with  you 
in  hoping  that  the  loug-neglccted  rights  of 
man  wdl  be  restored,  not  only  in  this  countryp 
but  in  every  part  of  the  globe  where  man  may 
dwell. — Wc  shall  very  aoon  transmit  you  a 
copy  of  our  i  "  -  n,  and  hope  for  your 
fartlmrcormi 

A  letter  and  ^vsv^uuv/us  from  the  Ecvutu' 


303]         S5  GEORGE  III. 

tion  and  Constitutional  Societies  at  Norwich, 
dated  26th  of  April  1799,  were  read  ^t  the 
meeting  of  the  society  for  Constitutional  In- 
fonnation,  on  the  4th  of  May  following :  thej 
distinctly  state — that  Mr.  Paine's  books  were 
to  he  the  iiiediiim,  through  which  the  preju- 
dices that  had  grown  up  under  the  British 
govern  men  t  were  to  be  g«t  rid  of,  and  the 
ConstitutionalSocictY  return  them  their  thanks 
in  these  words— **1  his  society  receives  the 
above  communication  with  the  mo&t  heartfelt 
satisfaction,  and  desires  earnestly  to  concur 
and  co-operate  with  those  societies  in  their 
laudable  objects ;  that  the  secretary  do  inform 
them  of  the  same,  and  that  this  society  has 
unanimously  elected  the  twelve  members  of 
the  Norwich  societies  to  be  associated  mem- 
l>ers  of  this  society." 

Upon  the  11th  of  May  1792,  the  Constitu* 
tlonai  Society  resolved,  that  there  should  be  a 
oommunkation  from  thai  society  with  the  so- 
ciety of  the  Frieads  of  the  Constitution  at  Pa*- 
ris,  known  by  the  name  of  Jacobins :  they 
send  an  address  to  them,  which  is  in  these 
"words-*''  Brothers  and  fellow-citizens  of  the 
world — 

« The  cordial  and  affectionate  reception 
with  which  you  have  honoured  our  worthy 
countrymen,  Mr.  Thomas  Cooper,  and  Mr. 
James  Watt,  members  of  the  society  of  Man- 
chester, anil  united  with  our  society,  has  been 
communicated  to  us  by  the  correspondence  of 
those  gentlemen. 

^In  ofiering  you  our  congratulations  on  the 
Ijlonous  revolution  which  your  nation  has  ac- 
codiplished,  we  speak  a  language  which  only 
siBcerity  can  dictate. 

<<  The  formality  of  courts  affords  no  exam- 
ple to  us :  to  do  our  thoughts  justice,  we  give 
to  the  heart  the  liberty  it  delights  in,  and 
hail  you  as  broUiers. 

^  It  is  not  among  the  least  of  the  revolu- 
tions which  time  is  unfolding  to  an  astonished 
world,  that  two  nations,  nursed  by  some 
wretched  craf\  in  reciprocal  liatrcd,  should  no 
suddenly  break  their  common  odious  chain, 
and  rush  into  amity. 

**  The  principle  that  can  produce  such  an 
effect  is  the  ofl^pring  of  no  earthly  court ;  and 
whilst  it  exhibits  to  iib  the  expensive  iniquit^- 
of  former  politics,  it  enables  us  with  bold  feli- 
city to  say  we  have  dune  with  them. 

*'  In  contemplating  the  political  condition  of 
nations,  we  cannot  conceive  a  more  diaboli- 
cal system  of  government  than  that  which  has 
been  generally  practised  over  the  world,  to 
feed  the  avarice,  and  gratify  the  wickedness 
of  ambition ;  the  fraternity  of  the  human  race 
has  been  destroyed,  as  if  the  several  nations 
of  the  earth  had  been  created  by  rival  gods — 
man  has  not  considered  man  as  the  work  of 
one  creator. 

'<Tlie  political  institutions,  under  which  he 
has  livea,  have  been  counter  to  whatever  re- 
ligion he  professed. 

**  Instead  of  tliat  universal  bonevoleace, 
whkh  thr  iy  of  every  known  religion 

+ 


Trkl  ^Thomas  Hardt/ 


[m 


declares,  he  has  been  politically  bred  to  con- 
sider his  species  as  his  natural  enemy,  and  to 
describe  virtues  and  vices  by  a  geographical 
chart. 

^*  The  principles  we  now  declare  are  not  pe- 
culiar to  the  :»oekty  th-U  addresses  you;  they 
are  extending  themselves  with  accuniulatiog 
force  Uirough  every  part  of  our  coiuitry,  and 
dorive  strength  irom  an  union  of  causes, 
which  no  other  principles  admit 

"The  religious  friend  of  man,  of  every  deno- 
mination, records  them  as  his  own  ;  they  ani- 
mate the  lover  of  rational  liberty,  and  they 
cherish  the  heart  of  tlie  poor,  now  bending  un- 
der an  oppression  of  taxes,  by  a  prospect  of 
relief. 

'<  We  have  against  us  only  that  same  ene* 
my,  which  is  the  enemy  of  justice  in  all  coun- 
tries, a  lierd  of  courtiers  fattening  on  the  spoil 
of  the  public. 

It  would  have  given  an  addidonal  triumph 
tck  our  congratulations,  if  tlie  equal  rights  of 
man,  which  are  tlie  foundation  oi  your 
declaration  of  rights,  had  been  recognised  by 
the  governments  around  ^oii,  and  tranquillity 
establishes!  in  all ;  but,  if  despotisms  be  stiil 
reserved  to  exhibit,  by  conspiracy  and  combi- 
nation, a  further  example  of  infamy  to  future 
ages,  that  power  that  disposes  of  events,  best 
knows  the  means  of  making  that  example 
finally  beneficial  to  his  creatures. 

"  We  have  beheld  your  peaceable  principles 
insulted  bv  despotic  ignorance ;  we  have  seen 
the  right  hand  of  fellowship,  which  you  hold 
out  to  the  world,  rejected  oy  those  who  riot 
on  its  plunder ;  we  now  behold  you  a  nation 
provoked  into  defence,  and  we  can  see  no 
mode  of  defence  equal  to  that  of  establishing 
the  general  freedom  of  Europe. 

'^In  this  best  of  causes  we  wish  you  suc- 
cess; our  hearts  go  with  you;  and  in  sa^'ing 
this  we  believe  we  utter  the  voice  of  millions.^' 

Gentlemen,  this  address  was  signed  by  the 
chairman  of  the  Constitutional  Society,  and 
transmitted  to  Mr.  Watt,  at  Paris ;  and,  upon 
the  28th  of  May  1792,  was  ordered  to  be  pub- 
lished. 

After  this,  the  principles  of  Mr.  Paine, 
which,  you  observe,  contain  the  doctrines  that 
I  have  been  statins  to  you,  were  carried  far- 
ther in  a  third  book  (I  mean  in  that  book 
called  the  Address  to  the  Addressers,  which  I 
sliall  also  be  able  to  give  in  evidence  to  you) : 
Mr.  Paine  having  there  gone  the  length  of  as- 
serting the  folly,  absurdity,  and  wickedness  of 
the  government,  under  which  we  live — not 
only  of  asserting  the  incompetency  of  govern- 
ment, as  it  is  constituted,  to  change  itself,  but 
having  asserted  that  a  conventionary  repre- 
sentation of  the  people,  in  that  sense  in  which 
we  speak  of  it,  must  do  this  work,  he  pro- 
ceeds to  the  extent  of  stating  the  plan  and 
form  of  an  organization  of  that  sort,  upon 
which  the  convention  was  to  be  framed. 
.  Gentlemen,  it  was  impossible  not  to  apply  t» 
the  justioeof  the  hiw,  against  the  attack  made 
.upon  our  govenuncnt  by  the  penon  who 


»^ 


fir  IKgh  Treaam- 


A.  D.  1794. 


[SC 


tl^lB^HIIitll  T  atu  now  staling,  viriih 
te  ftpf^robtttknit  puMV^IkmI  over  ana   over 

itL'''~  "*''^"""  "ocieties,  who,  in  ihcif  corpo- 
ra I  I  miiY  9o  spciik,  could  not  be 
I  ^iuin^  it— il  betamn  necessary 
V  of  lhi8  rdnnlrv,  whether  these 

41  rr^  to  li*  tiihrated— what  is  the 
It  is,  that  these  socie* 

iia',  r  into  5.uh**criptiont*  for 

Ihc  support  nf  Mr  i';iine,  a»d  ihey  consider 
tbetntclves  as  et\u;a^e<1  in  propagating  his 
yi^rkM ill  thai  wuy,  in  which  no  work  tvir  was 
prapagftied  —  to  the  intenr  to  prudiue  that 
flWIvwition,  vrilhoul  which  tht:  rjatjon,  in  no 
orgAnismtJon  of  its  govcrnmenl,  cuuki  he  »iu'rd, 
according  to  them,  to  oist  in  a  stale  of  tree* 
ikHB  tfl  a  nation. 

*1  to 

loc  rxr^ilixuti  ui  ui*.'  nii"*  i  i)f:-i   tli.iii    v*-r>  jhitttu* 

edl,llief  becafne  ntorc  mi^chicvons ;  an<l  you 
•ill  (h>^^ -"-^'T'^^'^f^  ''irtinij  from  the  society^ 
tf}»fts^  IN  tiiJit  they  nieiint  to 

detifos  Mlotlhe  country;  that 

tticy  t  'C,  stay  among  them  ; 

mtii  to  V  IS,  a*  far  as  appears  from 

my  iHtVprmatign  that  I  have  had,  they  did  not 
comicicend  to  exphiui  themselves— to  say, 
;  K«,  you  huve  mist u ken  our  object — this  is 
sot  wbat  UT  mean ;  but  they  leave  them  un- 
mufffpdy  and  go  on  to  execute  ilic  purposes 
►  aliotit. 

olutions  in  order  to 

pro^cciitlons,  they 

v*-^   ■''<'-  ..oka 

^  in 

if  I  miv  so  sar,  them- 

lof 

jiisi- 

fv  premium  for 

itions  are*?ei\t 

•i  vai  ious  places,  in  hun- 

-1  am  fiorry  to  say,  to 

i>ns,to  diHribute— I  am 

Hf  the  mo*t  ^flrrrd  pro- 


sprcad  the  effect  of  the  mischief  more 
widely  and  diffubely  than  otherwise  they  could 
have  done. 

Upon  tlie  94th  of  May  tT9^,  there  is  a  let- 
ter sent  from  Mr.  Hardy,  I  believe  not  in  hitj 
own  hand-writing,  but  I  believe  in  the  hand 
writing  of  Mr,  Vaughan»  whom  I  before  nant4 
cd  to  yon,  in  which  he  slates,  that,  by  the  diJ 
reclion  of  the  London  rorresponifing  Society^ 
he  had  the  honour  uf  enclosing  la  them  a 
copy  of  their  address  and  regulations^  which 
he  requests  they  will  commnn irate  to  tlie 
Constitutional  Society.  The  thanks  of  the  so- 
ciety wf  re  given  to  them  for  ihiii ;  and  that 
is  a  publication  moi*e  guarded  Ihan  anothcf 
you  will  find  published  upon  the  Oih  of  Au- 
gust l?9'2. 

After  stating  their  rnnslitulion»  which  I  be-- 
fore  mentioned  to  yoti,  ilsa^'s — **  But,  as  Pro- 
vidence has  furnishctl  men  m  every  station 
with  faculties  necessary  lijr  judging  of  what 
concerns  themselves,  ^hall  wc,  liic  multitude, 
suffer  a  few,  with  no  better  t  ight  than  our- 
selves, to  u^iurp  the  power  of  froverning  us 
without  control?  Surely  not :  let  us  rather 
unite  in  one  common  cause  to  cast  away  our 
bondage,  \mn^  av^^nrcd,  that  in  so  doing  wc 
are  protected  hy  a  jtttv  uf  our  countryinenp 
while  we  are  th  a  duly  to  our&dvcs, 

toourcotmtry,  ivkind." 

Gentlemen,  yun  wil!  hnd  from  a  paper  of 
the  6ih  of  August,  that  that,  which  ihey 
supposed  was  tn  meet  with  pio^eclion  from  a 
jury  of  the  country,  was  a  ctra'>ination  to  re* 
form    the   govertin'  ' 

mean<i — other  lh;u3  i; 

which  binds  Ici^^i'ln     t,   v  Hi,    .ur     ri.i^,ui    'iHi 

great  puliliral  body  of  the  country,  the  whole 
system  under  whiLh  we  live. 

Gentlemen,  tlic  London  Correspondin:;  >^o- 
cicty,  as  to  the  kini^'s  proclamation,  foiluwcd 
the  estanipic  of  the  Constitutional  Society^ 
and,  on  tha  31st  of  May,  IT"*^,  in  a  papcf 
thai  will  be  read  to  you,  Ihey  vilify  the  pro- 
elamation  ;  and  this  paper  having  fieen  com- 
municated by  the  I.(>Tidon  Corresponding  So- 
ciety to  the  Constitutiomil  Stjeiety  —  1^^^ 
nwarc  of  the  nature   of  it,  order,  '    t 

paper  should  he  publi^lied  insueh  i 

/A/ receive  the  advert iofuienlA  oi  Tr,is   -.o* 
\  —  They  wrre    pretry   well  aware  that 
lijt  V  were  of  such  a  nature  as  made  it  sorae- 
what  hazardous  to  publish  them. 

You  will  find  a  Ictr^T,  d.itod  the  t4th  of 

,Tune,    J71>2»    from    rcrtain   persons   styling 

themselves  the   Fditurs  of  ll»e  Patrrot  {\\>hn 

they  are  I  am  not  able  to  *tate  to  you,  but 

whu,    fjf  the  ^nirpOHCs    of  these    socirhr-, 

!  necessjuy  lo  cotrrcal  their  natues), 

h    they   de-iire    the    Corresponding 

*  {y  to  take  an  <ipporluntlY  of  enbghl- 

/»li*  pttfktir  mind  bv   pubbratton^^   by 

I  .5 
I 


J 


S5  GEORGE  HI. 

BuGiit  Dart  of  this  biisiDesa — a  Mr.  Otflei  a 

pookseiler  at  Sheffield, 
Gcijtkmcn,  tliere  will  be  laid  before  you 
&anoii»  parts  of  theproceediogsof  ihcConsti- 
ltiilionul  bocielVi  which  relate  to  Mr-  Paine, 
rahich  I  shall  now  pass  over^  except  for  the 
purpose  ol"  calling  your  attention  to  another 
publication  of  hi&  upon  the  sixth  of  June, 
17t^2,  and  wliich  was  addressed  to  Mr*  Dun- 
das,   ^ou  will  likewise  hnd  that  that  book, 
which  will  be  given  you  in  evidence,  dis* 
tinctly  disavows  all  hereditary  governtnetii ; 
all  monarchy,  under  whatever  guahfications ; 
and  then,  tor  the  purpose  of  circulating  this 
doctrine^  as  they  had  before  circulated  the 
doctrines  in  other  v^orks  of  this  gentleman, 
_  "bey  order,  **  that  twelve  thousand  copies  of 
that  letter  shall  be  printed  for  the  society,  for 
the  purpose  of  being  transmitted  to  our  cor- 
respondents   thrcrtighuut  Great  Britain,  and 
that  a  committee  be  appointed  to  direct  the 

Gentleniea,  I  pass  on  now  to  the  6ih  of 
August,  1 792  ;  at  which  time  there  appears  to 
me  to  have  been  an  extremely  miportant 
transaction  in  ihc  London  Corresponding  So- 
ciety ;  it  is  the  propagation  of  an  address  of 
that  date,  which  first  developes^  as  it  seems 
to  me,  though  in  somewhat  ot  covert  lan- 
guage, the  determination  of  these  societies  to 
orfc  what  they  call  a  reform  without  any 
^mmunication  whatever  with  that  parlia- 
ment, which  ihey  held  to  be  incompetent  to 
bring  about  the  buUness. 

You  will  find  that,  upon  the  8th  of  August, 
Mr*  Hardy  wrote  a  letter  to  Mr.  Tuokc;  that 
he  seothim  a  proof  copy  of  tliis  address ;  tiiat 
lie  hoped  it  would  merit  his  allcntion,  and 
his  approbation;  that  he  should  he  exceed- 
ingly  hap[>y  to  be  favoured  with  his  opinion 
ufit  befure  it  was  printed. 

The  address,  after  stating  what  they  consi- 
dered a^  the  gritvunct'S  of  llie  country,  states 
this — **  Such  being  the  forlorn  situation  vi' 
|hree  fourths  of  the  nation,  how  are  Britons 

obtain  inrormalion  and  redress  ?    Will  the 

iirt,  wdl  ministry  afifurd  either?  Will  par- 
liament grant  them  ?  Will  the  nobles  or  the 
clergy  ea^ic  llio  people's  sufferings?  No, 
Experience  tflU  us,  and  proclamations  con- 
firm it,  that  the  interest  and  intention  of  power 

e  combined  to  keep  the  nation  in  torpid 
'ignurunce." 

then  states  the  only  resource  to  hr  in 
societies ;  it  then  states  vnnous  detailed 
_, ^us,  which  vou  will  hear,  and  then  pro- 
ceeds to  this  effect  i 

**   Numerous      nthor     rffnrm^     woiiltl     ua- 

loublcdty  take  ,  ^ion 

lail lament    -  ty  on 

dcctgrs  the  pet^plc ;    untoru  therefore 

;l»on,  undivided  by  p-^^^y*  uucorru[*tcd 

ny  ininiHtry,  and   in  I  but    by  the 

lublic  goo<h     Ta'ci)  li  would  tend 

reform^  and  a  strict  tcuiiomy,  its  natural 

consequence,  might  soon  enable  us  to  itducc 

btir  Uxesj  aad  by  the  integrity  d'pirliamexity 


Trial  ofThomai  Hardy 


[308 


Ihal  reduction  would  light  upon  mich  object* 
as  best  might  relieve  the  poor;  this  lo  the 
people  would  prove  an  advantageous  and  a 
novel  session,  and  to  an  lionest  parhameni 
not  a  tiresome  one* 

*'  Therefore,  Britons,  friends,  and  fellow* 
citizens,  with  hand  and  heart  unite,  claim 
what  is  your  right,  persevere  and  be  free,  for 
who  shall  dare  withstand  our  just  demands? 
Oppression,  already  trembling  at  the  voice  of 
individuals,  will  shrink  away  and  disappear 
for  cvpr,  wlicn  the  nation  united  shall  assert 
Its  privileges  and  demand  their  rei^loration/* 

Gentlemen,  the  address  you  will  find  wa^ 
circulated  willi  intinito  industry  to  every  cor- 
responding society  in  the  king^dom,  conveyed 
through  e\ery  pos^ihle  channel,  the  doctrioe^. 
adopted  by  all  the  at&liating  sycielics;  and 
the  plan,  which  they  went  upon  from  ibi» 
6th  of  August,  1792,  appears  to  have  been  a 
plan  to  redres^  themselves  by  their  owa 
power,  and  by  their  own  strength,  and  not 
by  application  to  that  parliament^  wbict\ 
alone  can  act  in  legislation  :  it  seems  to  me 
to  be  impossible  that  you  c^n  mistake  what 
is  meant  by  this  paper,  if  you  will  give  your 
more  particular  attention  to  a  paper  whicK 
was  received  from  a  society  at  Stockport, 
upon  the  'i?th  of  November,  179^,  and  found 
in  the  possession  of  Mr.  Hardy :  this,  »fter 
adverting  to  those  numerous  grievances  stated 
in  the  address  of  the  6th  of  August,  1792, 19 
to  this  effect : 

*<  In  obedience  to  the  wishes  of  the  soeiety 
here,  I  have  (he  pleasure  of  acknowledging 
the  lionour  of  your  letter,  and  the  packet, 
which  tile  kindness  of  our  brothers  of  the 
l-ondon  Corresponding  Society  so  opportunely 
presented  us  witlh 

'*  It  is  doubly  deserving  our  thanks,  as  ll 
shows  your  kindness,  and  as  it  will  be  useful 
in  the  formatiou  of  our  infant  society ;  we 
\  stand  mucli  in  need  of  your  experience  jq 
thivparticular,  and  we  doubt  not  of  your  beat 
assistance;  we  arc  surrounded  by  a  majorityy 
a  formidable  one  indeed  in  power,  abilities, 
mid  numbers,  but  we  are  not  dismayed. 
'  "  We  have  carclully  perused  the  addresses, 
and  I  am  to  observe  upon  their  conteats  id 
general,  that  the  sentiments  hardljr  arise  to 
that  heigia  which  we  oicpect/rowim^i^iwi&i^ 
to  their  full  claim*  ta  ah»olute  ant!  uncontrol-' 
labk  tiberti^^  i.  e.  unuccoutUabte  to  an^  potttr 
p'ltkh  lAry  have  ni>t  itimudiatdy  coHttUuied 
and  uppmnird^ 

^  These  are  our  sentiments,  whatever  may 
be  yours;  though,  in  the  present  state  of  po* 

litical   knowledge,    it    Itnv  h(^    nntrlrtit    ru*t  to 

avow  ihcm  opeuly,     \  u- 

rnents  on  tlie  means  r  ,  al 

object,  which  we  presume  you  ha^*c  la 
view  in  cummon  with  115 ;  we  think  it  rxtio- 
dient  that   wo    tl  id 

each  otljcr  in  the  L  r* 

aiire  of  disunion  imgUt  luiiu.h  m;ittci  of 
triumph  to  our  enemies;  we  observe  one  ex- 
pression/'—yoa    will  taite  notice  that  Mr. 


Kardj  •t  this  time  Avas  a  member  both  of  the 
Loniion  CurrcsponJing  andthcCon&lilutional 
.^  -"  we  obscne    one   expression, 

V.  ,*  mimeroua  other  reforms  would 

/  &c.  &c. ;    but  we  ask  how  is 
li  uienl  lo  be  chosen?     CanwecT- 

m(<t  U  Jrvm  the  pretent  order  of  things  f 
Wo4f14  not  nil  the  evil  be  done  away  at  once 
I  dtion  f    Does 

ii  IS  laws  which 

we  tutimiriiri  of,  win  i.r  anon^hed  any  olher 
wty  ?    Can  the  Rrievances  arising  from  aris- 

irr^'       I  while  the  re- 

rity  in  the  leEcislature  ?" 

»li..-  .......  i«»  to  be  filled  up  with 

crown  or  the  Uon^e  of  Lords  is  for  jori  lo 
Mjd^e—**  retains  its  present  authority  m  the 
lep«lature  ?  Is  tlic  universal  right  of  con* 
stlrncf'  ever  lo  be  attained  while  the  B — — 
r  its  on  the 

as  on  llicse  important  poifits 
\  iitblly  desire  may  be  transmitled 

t  II  as  possible^  not  directed  a<5  the 

1.  ibi'j  you  will  find  often  occurs ; 

under  a  feigned  direction  ;   "we 

i  port  >.  M  ^ay  of  the  address 
the  6ih  ul  Aui^ostj  ii  v*\  sent  ?otbem,  that 
Ihcy  ibink  it  hardly  amounts  to  sentiments 
mth  aft  theirs,  namely,  thai  tliey  must  h^ve 
absolute  and  uncontrollable  liberty,  unuc- 
rrtJiii.iMf*  In  ;iiiv  pnwpr  wluch  lliev  liave  not 
d— that  tould  not  be 
mienl  of  <JrfHt  Brltuin — 
V  SS  e  presume  yon  have  the  same 

tw  iimon  wiih  us  and  we  desire  to 

r  jieiilimctu*  upon  the  means  of  ac- 
iif»2    th'it    object.**      What  object f 
-'  ihcniselves  in  a  sttua- 
unlable   lo  any  power, 
'1  not  immediately 
how  was  that  to 
ij«:  uuiir  by  parharnent  ? 
Tlie  ftddres^  of  the  Olli  of  August  tiad  dis- 
,r  ..  .r  to  i,|«  (^Qj^e  iiy  parli;imen»* 
liie  other*  parts  of  the 
1 .:  situation  in  the  Irgijsla- 
ineyou  hat^e  the  same  ob- 
a  you  think  upon  this  occa- 
was  ihe  occasion,  ufxm  which 
of  the  6th  of  Auiiu^l  ought  to 
licd,  if  Ibcy  meant  to  disavow 
y  such  object ;    but  what  is 


Rrh. 
the 


UiatlL 

ibm  afis^ti .'-  - 1  he  answer  In  eft'ect  is  :   That 

l«U  and  f^iif  rr^prr^entiition  uf  the  people  that 

^  ■    i  which  IS  to  be  the 

tmcnt  of  removing 

CT.  iiioour  under,  though 

Td<  Miit  us  to  spciik  all  we 

**  ^  a  the  London  Cor- 

ftgpotiC.^  itrr  r  ti'  rifled  your 

lltltr;   IJir  1)  steady 

taamiiiaij  -,topur- 

mm  iJtuX  mil  1 1? iicity^  a  per- 

iaeirrpftat!!  /' 

Mwrn,  wlifti  wiiA  Uitt  b<Aii  meaoa  of  ihia 


political  felicity — a  perfect  representation  of 
the  people? — It  was  the  formation  of  a  power 
by  liie  people  making  Ihemselves  unaccount* 
able  to  any  other  power,  to  any  power  but 
that  which  they  hau  immediately  ibcmsclvcs 
constituted,  namely,  an  assembly  by  a  conven- 
tion of  the  people.  Then,  why  Jo  not  tlicy 
speak  out?  They  say,  "With  regard  to  our 
publications,  our  sentiments  arc  expressed  in 
as  strong  terms  as  prudence  will  permit,  yet 
plain  enough  to  convince  the  public^  that, 
while  we  e\petl  every  thing  frfim  an  honesi 
and  an  itnnual  parlikiment,*'- — a  body  might 
exist  undt:r  the  term  parliament  in  a  com- 
monwealth, as  well  a|  under  a  king — "  no- 
thing !.h<irt  of  such  a  senate^  chosen  by  Ihc 
whole  nation,  will  satisfy  ns. 

"  True  generosity,  the  characlerislic  of  this 
nation,  and  of  all  unpervcrted  men  thnnghout 
the  j^lobe,  catimg  upon  tis  to  countenance  at 
this  juncture  I  Tie  arduous  stniggK?  of  tlie 
French  nation  igainsl  despolifsrfi  and  aristo- 
cracy, those  foes  to  the  human  nice,  we  have 
resolved  upon  addressing  ihe  French  NaUonal 
Convenliun/*  You  will  permit  me  lo  observe, 
this  was  upon  the  11th  of  October  1799:  the 
king  of  Franco  was  deposed  in  effect  upon  the 
loth  '  ^  -  t  179'i,  This  pas«iage,  in  the 
Iran  this  society,  appears  to  me  i 

bepLc_,.._.  .T  w.irlhy  your  attention,  **  WilhJ 
out  entering  into  the  probable  effects  of  such 
a  measure,  e  dec  Is,  which  your  society  will  nol" 
fail  lo  discover,  wc  invite  you  lojoin  us;  and 
lo  that  end,  herewith  you  have  a  copy  of  our 
intended  a<Ulresa ;  if  you  approve  the  idea, 
and  will  concur  in  sending  it,  be  pleased  to 
return  us  without  delay,  a  copy  signed  bjj" 
your  president:  we  will  then  associate  you 
budy  wHth  ours,  and  with  some  others,  who 
have  already  absented  lo  the  measure  :  if,  on* 
tl>c  contrary,  you  disapprove  that  mark  of  zeal 
tuwards  the  only  nation  that  has  hitherto  un- 
d*Tfaken  to  restore  to  mankind  its  just  righlf-' 
plca-<elo  communicate  to  us  yourohjections. 
This  wiLs  upon  Itic  llth  of  October  \792;  upotl 
the  6th  of  October  1795,  Mr,  Barlow  (who» 
name  occurs  hefure  with  res  pec  I  to  his  public 
cation  relative  to  the  privileged  orders)  write 
a  letter  lo  the  society  for  Consiilulional  In* 
Ibrmation,  accumpanied  with  a  book,  Cidled 
"  Advice  to  the  National  Convention  oil 
France  ;"  an^l  von  will  l>e  pleased  lo  observe 
that  Mr.  Darfuw,  and  a  Mr  Frost*  after 
wards,  in  the  month  of  Nuvember,  were  sent 
with  an  address  from  the  ConBtilutional  *So- 
cicty  lo  Paris,  as  their  delegates  fur  that  ptir- 
posc.  The  letter  of  Mr,  Barlow  is  in  tliese 
words : 

"  I  have  lately  published  a  sm'ill  treatise 
under  the  title  of  *  A  Letter  to  the  Naliona 
«  Convention  of  France,  on  the  Defects  of  the 

*  Constitution  of  1791,  and  the  extent  of  the 

•  Amendmi^iits  which  ought  to  be  applied  t' 
although  the  observations  contained  In  this 

•  See  Ills  trial  for  Seditious  Word*,  antL 
Vol  32,  p.  ^n. 


sin 


35  GEORGE  III. 


letter  arc  tnum  particuLiIy  apphc^tbie  to  the 
French  nation  in  ilic  present  crisi*5  q(  its  go- 
vernment, jet,  as  the  true  principles  of  so- 
ciety are  every  where  tlie  same,  their  examina- 
tion ciiuncit  be  unseasonable  in  any  nation,  or 
at  any  lime;  believing,  iheretbrcj  that  the 
ftiibjccl  of  this  ireali&c  will  not  he  thought 
fureJgn  to  the  great  object  of  your  association, 
I  present  a  copy  of  h  to  you  with  the  same 
coufidente  as  I  tjave  done  lo  the  Nalion^il 
Convcntn.'n,  aii''  '  '  ^^  ^utional  SocJttty 
at  Londun,  a  c«>  from  the  full 

per&uafei on  thill  Lur  >m  u.  m  j<juiiJed  in  truth 
and  reason.  1  lukc  the  hbcriy  at  the  i>»uic 
lime  to  i»tnd  you  a  copy^l  another  pnhlicalron, 
JDlituM  *  Advice  iv  Privileged  Orders. '  The 
jjresent  dispobilion  in  Europe  towards  ri  gene* 
ral  rev  ohi  lion  in  the  printiplc^  otgoverDmeiiL 
ih  founded  in  the  current  ot  opiniun,  too  power- 
fkk]  to  he  resisted,  us  well  W6  loo  sacred  to  be 
treated  Avilh  neglect;  and  it  h  the  duty  of 
every  individual  lo  assist,  not  only  in  rentov- 
ing  ihc  ohstrucliuns  th^t  are  found  in  the  w^y 
of  ibif)  revoluUon,  hut  in  ascertaining,  with  as 
iTim  h  precision  as  possible,  tlie  nature  of  the 
object  to  lie  aimed  at,  and  the  coneequente  lo 
Lij  exfiecied  from  the  attainment:  it  \b  tiljove 
ail  things  to  be  desired,  that  the  cunvietJou^ 
lo  he  4u;qvrired  frooi  national  discui^ision 
should  prrcede  and  preclude  those  which  muH 
result  froni  physical  exertion.*' 

I»*ow,  ^vou  will  give  me  leave  tostalft  to  you 
vtlvAi  the  doctrine  is  m  this  book,  for  which 
ihc  Soti*ny  for  Constitutional  Information, 
3Vln  Hardy  ihcn  a  nien»ber  of  it,  thank  Mr, 
Barlow,  make  him  an  honorary  member,  and 
afterwards  <teputc  liim  to  the  National  Con- 
vention of  France. 

,  Gentlemen,  the  docliine,  I  can  explain  it  lo 
^  Qu  generally,  without  troubling  you  by  read- 
ing particular  passages,  amoiiuls  to  this :  Mr. 
BhtIow*  after  slatmg  the  principles  of  e<juul 
n  ':  •'  (uship,  which  found  Iheir  way  into 
ijtion  of  France  in  17^1,  and  which 


System  of  thai  . 

,  which  I 
•    It  ;  thit  it 
IH-iA  oi  th- 

<js  to  be  th( 


king  a  part  uf  the 
t,  informs  them  of 


►ilv. 

iiially 


ie*,whicii  he  mider* 
"  of  lliose  to  whom 


tiii  vvaa  wrilin-;;  tiut  U  is  impossible  they 
ftkonlil  consist  wUhUus  s<'nlinKnl,/Artf  a  king 
%mhi  Ik  rctttihtd  in  tnU ;    tinil  the 


onstitulion  w;ia  at  ^ 

Ithose  xvliM  -    luni  iK>t  (I 

Dr,  havuj  id   it,  th* 

iiHifc  was  " '  "' 

luce  the  < 


itself:   that 
^  that, 
1  the 

.l^mUI  re- 
^ernnieut 

.-  lirll.rn 


-doctnnp  Rsnn 


Trml  of  Thomas  Haritf  [3|2 

papers,  which  t  am  about  to  read  \6  yoai  4 
great  deal  oi  evidence  will  be  laid  before  you, 
to  prove  that  they  had  beat  up  all  the  cotintry 
for  letter**  and  addresses  to  express  the  same 
principles  lo  France,  uol  on  accunnt  of  ihe 
cause  of  France,  but  of  the  cause  of  Eng- 
land, and  with  a  view  to  intruduce  the  same 
etfects  into  England.  I  shall  state  but  two  of 
these  addresses,  because  ihey  seem  to  con- 
tain the  eA'ect  of  all  the  rest  that  were  aciu^ 
ally  sent 

the  l/JiKJon  Corroi^ponding  Society  iirst  of 
all  communicated  lo  the  Const!:   '^  So. 
cicty,  in  the  month  of  Cklobcr  17  a- 

leation  ♦**  vn,„i.n,r  ^n  v.iJ.,=.^tt  xq  i  ........  uie 

Constiti  ppfove  thq  pur- 

pone  :    L.  ^  ^  .„^  I    iL  It  aims  at,  luiU 

they  dctcrmme  not  to  concur  in  the  SiOiie 
address,  but  to  send  a  separate  addrc:^^;  and 
in  their  paper  you  may  see  the  prmciples  of 
bath  lo  be  principles,  which  were  rxprc?$cd 
for  the  very  purpose  of  aiding  t^  a- 

tion  of  the  societies  in  excluding  ti<  m 

the  government  of  the  country,  aiid  ui  raiding 
a  republic.     This  is  the  icUer  ; 

**  Frenchmen,  while  forcii;n  robljert  are  ra- 
vaging your  territories  umler  the  specious  pre<* 
tc xt  oF  justice,  cruelty  and  desokti r :  '  -  ^  :  in 
their  van^  pertidy  and  treachery  up 

the  rear,  yet  mercy  and  frienrl- * ^ "  i ]y 

held  fort li  to  the  wurld  as  tl>  of 

their  incursions;  the  opprct  - ..  ^ ,.:  l  ..,  .i..ui- 
kind*' — that  is.  Great  Britain — ♦■  forgetting 
for  a  while  tlietr  own  sutlt rings,  teel  only  for 
yours,  and  with  an  iniiious  eye  watch  the 
event,  fiTveolly  supplicating  the  Almighty 
Huler  of  ihe  universe  to  be  (avouruble  to  your 
caufce,  so  intimately  blended  wjth  their  own," 
— that  catise  which  upon  th^  loth  of  August 
had  exclutled  the  king  from  the  jB^ovemment 
of  the  country— **  fro ^VK  "  i  s» 

sivc  5v*tlcin  uf  control,  u- 

linued  cncruuclmuiut'}  i>;ivt^  orjinvru  lut^  ;m* 
tiou  of  nearJy  all  its  boasted  liberty,  and 
brought  us  almo^  Ui  that  abject  state  of 
slavery,  from   which  yuu  have  so  emerged ; 

hill  jll 

ihi'  '  ;  ^  ■  —  -^  ,ne 

conduct  ul  tiiusiMU  p^wi^r;  it 

to  be  th*i  duly  of  Unions  tu  :ii4 

assist,  to  Hjc  utmost  of  their  power,  lin'  tiiaiiw 
pioiks  of  human  happiness^  and  to  swear  to  % 
nation,  proceeding  on  tho  plan  you  bftve 
adopted,  an  inviolable  friendships  S^cr^d 
\  Irum  III!     '       '     *'    f    V        '  '        ■  ^^ 

and  Ul  I  t  ft 

take  tJ+L  .,t.  M  »> liu  ijfJiL'itju I  ^Huii  iiut'm^ii  lo 
cause  a  ru|4urc, 

•*  Tlun^h  we  appear  so  few  :H  - — *,  be 

iicliuien,  that   our  n. 

if    !»■    trii<  -   tlivt    I  |ta, 

hi  ltd  urui  q\ 
tht?  timid:    '' 


4f^   ^^JLiW'Ai^- 


I'i^i^  ^l\h  Uc  [  si^mc  dii^l  ou  itic  imui^iy  «t^d  qq  iheMiobi* 


for  High  Treason. 

tious;  btit  whb  certainly  we  can  inform  you, 
frieads  and  freemen,  that  information  iimkes 
a  r*pid  progress  aniDug  ua;  curiosity  has  taken 
posse&sitm  of  the  pubTie  mind  ;  the  conjoint 
reigu  ofignuraiice  and  despotism  pas^^es  swsy; 
lutli  now  «ik  each  other,  What  is  freedom? 
what  are  our  rights?  Frenchmen^  you  arc 
already  i\ec,  and  IJnton^  i4re  preparing  to  be- 
cume  bO;  casting  f^r  from  us  the  criminal 
prejudices  artfully  inculcated  by  cvil-nunded 
men  aiid  \vily  courtiers,  we,  iii^ilead  uf  natural 
enemies,  at  length  diwover  in  Frenchmen  our 
feiJow-cilizen^-  of  the  world,  and  our  brethren 
by  the  6amc  heavenly  tather,  who  treated  us 
for  the  purpose  of  loving  and  mutually  asaisl- 
iag  each  other,  but  not  to  hale»  and  to  be  ever 
ready  to  culeuch  o*her*s  Lliroats  at  the  com- 
mand of  weak  and  ambition?  kiiigs,  and  cor- 
rupt ministers;  seeking  our  real  enemies, 
we  find  them  in  our  bosoms,  we  tcel  ourselves 
inwardly  torn  hy  and  ever  the  victim  of  a 
re^tle^s  and  all  consuming  aristocracy,  hi- 
therto the  bane  of  every  uaVton  under  the  Mm ; 
\«i5ely  have  you  acted  in  expelling  it  from 
France. 

"  Warm  as  our  wijilies  are  -for  yotir  success, 
eager  as  we  are  in  liehoM  frecdoiu  iriumphaut, 
and  man  every  where  rcsiored  to -the  enjoy- 
Uient  of  his  just  righljs  a  senile  uf  our  duty»  asi 
oi^  '  i■en^,  forbids  our  frying  in  arms  to 
y  tnce  :  ourswernment  has  pledged 

tl  '  Miiil  in    a 

&i  in,     Hri- 


lrust<id  our  king  with  di&crelionmy  powrr*^; 
vc  therefore  mu%l  obey :  our  hand-*  are 
bounds  hut  our  hearts  arc  fiee^  and  they  are 
«viih  von, 

**  i.ct  German  depots  act  as  they  please, 
«re  bhait  rejuice  at  their  fall;  compa^sionat- 
iog  however  their  cni> laved  .subjects,  we  hope 
ihife  tyranny  ot  their  nia'itcrs  will  prove  the 
Moamft  of  reinstitting  in  the  hiU  enjoyment  of 
tiieir  rights  and  liberties  miUiun:&  of  our  fciluw- 
crealures, 

**  With  unconcern  therefore  we  view  the 
^iector  of  Hanover,** — that  is,  the  kin;;  of 
SB* cat  BritiiD—jom  his  troops  to  traitors  and 

IYobher^ ;  but  the  king  of  Great  Britain  will  do 
veil  to  remember,  that  this  country  is  not  Ha- 
tti^vcr.  Should  he  forget  this  dtstuictton,  we 
'ftiW  not. 

*'  While  you  enjoy  ilie  envied  glory  of 
bcinjc  the  unaided  dcfcndtT^  of  freedom^  we 
fondly  anticipate  in  idea  tiie  numerous  bless- 
ings manklfid  will  enjoy ;  if  you  succeed,  as 
w«  ardently  ^vi^ih,  the  triple  alhance  (not 
ef  crqams,  hut)  uf  the  ptople  of  America 
J^ance^  and  Btttmn,  w  til  give  freedom  to  Eu- 
l^pe,  and  peace  to  the  whole  world.  Dear 
^eods  you  combat  for  the  advantage  of  the 
limnan  race;  how  well  purcliased  wiU  be, 
though  at  the  expense  of  much  bloody  the  glo- 
iiotis  unprecedented  privilepe  of  Baying,— 
Mankind  is  free  :  tyrants  anti  tyranny  are  no 
moTt :  peace  reigns  on  the  earth,  and  tliie  b 
tlie  work  uf  Frenchmen.'' 


Gentlemen,  this  address,  which  was  sent  by 
that  society,  was  followed  by  anotiricr  fronj 
the  Society  for  Constitutional  Informatimiy 
upon  the  9th of  November  1792,  which  &ecni& 
likewiae  to  state  their  principles, 

**  Servants  of  a  sovereign  people^  and  bene- 
factors  of  mankiiid  ;-^ 

"  We  rejoice  that  your  revolution  has  ar- 
rived at  that  point  of  perfection  which  will 
permit  us  to  address  you  by  this  title/'— Ser- 
I  vantsof  a  sovereign  people.    That  is  not  the 
character  of  a  British  eovernment ;  this  is  the 
I  prmciple  of  the  Southwark  resolutions— "it 
I  is  the  otttjf  tme  which  can  accord  with  the 
'  character  of  true  legislators*     Ever^-  succes* 
I  sive  epoch  in  your  atmirsha^  added  something 
to  the   triumphs  of  liberty  and  the  glorimts 
•victory  of  the  10/A  of  Augmt  has  finaTly  pre- 
pared the  way  for  a  constitution,  which    we 
trust  you  will  establish  on  the  basis  of  reason 
and  nature/'     Mr.  Barlow  had  in  effect  said 
and  they  had  made  him  an  tionorary  member, 
and   bad  transmitted  their  address    by  his 
hands),  that    lui   constitution   could   reform 
upon  the  ba^is  of  reason  and  nature^  that  left 
a  king  in  the  government,  liowever  the  go« 
vemment  was  modified. 

They    pioiccd    thus    in    their    address^ 

*^  Considerij»g  the  mass  of  delusion,  accumu^ 

luled  on  mankind  to  obscure  their  understand-* 

I  ingr^,  you  cannot  he  astonished  at  the  oppo- 

•  sitLoa,  that  yo4i  liave  met  both  from  tyrants 

I  and  from  shivcs ;  the  instrument  used  against 

j  you  by  each  of  these  classes  is  th^  same,  for, 

nt  the  genealogy  of  human  miseries,  ignorance 

it)  at  once  th('  parent  of  oppression  and  the 

child  of  subnusiiuu. 

**  The  evenly  of  every  day  are  proving,  that 
your  cause  is  chct  ishecl  by  the  people  in  all 
your  continental  vicinity :  that  a  majority 
of  each  of  thoi^e  nations  are  your  real  friends, 
whose  govvrimuats  have  tutored  them  into 
apparent  foes ;  and  that  they  only  wait  to 
be  delivered  by  your  arms  from  the  dreadftd 
necessity  of  hi^liimg  against  Ihcm. 

"  TiiE  condition  of  Englishmea  b  less  to 
be  deplored  ;  here  U»c  hand  of  oppression  has       J 
not  yet  ventured  completely  to  ravish  the       I 
pen  from  us^  nor  openly  to  point  the  sword  at 
you." 

They  then  go  on  to  say : — "  From  bosoms 
burning  with  ardour  in  your  cause,  we  tender 
you  our  warntef^t  wishes  for  the  full  esitent  of 
Its  progress  arul  success ;  it  is  indeed  a  sacred 
cause ;  wc  cherish  it  as  the  pledge  of  yotrr  hap- 
piness, oiu"  natural  and  nearest  triends,  and  we  1 
rely  upon  it  as  the  bond  of  fraternal  union  1 
to  the  human  race,  in  which  union  our  own 
nation  will  surely  be  one  of  the  first  to  concur, 
**  Our  government  has  still  the  power  and 
perhaps  the  mciioation  to  employ  hirelings 
to  contradict  us;  but  it  is  our  real  opinion, 
that  we  now  speak  the  sentiments  of  a  great 
majority  of  the  English  nation.  The  people 
Ikere  are  wearied  with  imposture,  and  worn 
out  with  war,  they  have  leamad  to  reflect 
that  both  tbe  one  itad  tb&  ta?L\x^\  ^^  ^^  ^'- 


I 


315] 


35  GEORGE  III. 


Trial  of  Thomas  Hardy 


[316 


sprinc  or  unnatural  combinations  in  society, 
an  relative  to  nystenis  of  government,  not 
the  result  of  tlie  natural  temper  of  nations  as 
relative  to  each  others  happiness. 

"  (io  on,  lofcislHtors  in  the  work  of  human 
happinesy;  the  benefit  will  in  part  be  ours, 
but  the  glory  shall  be  all  your  own ;  it  Is  the 
reward  of  your  perseve nincc,  it  is  the  prize  of 
virtue,  the  sparks  of  liberty  preserved  in  Eng- 
land for  a«;es,  like  the  coruscations  of  the  Nor* 
them  Aurora,  serving  but  to  show  the  dark- 
ness visible  in  the  rest  of  Europe.  The  lustre 
of  the  American  republic,  like  an  effulgent 
morning,  arose  with  increasing  vigour,  but 
still  too  distant  to  enlichten  our  hemisphere, 
till  the  splendour  of  the  French  revolution 
burst  fortn  upon  the  nations  in  the  full  fervour 
of  a  meridian  sun,  and  displayed," — attend  to 
the  words — "  in  the  midst  o?  the  Einxipean 
world  the  practical  result  of  principles,  which 
philosophy  had  sought  in  the  shade  of  specu- 
lation, and  which  experience  must  every 
where  confirm," — the  principles  of  Mr.  Paine, 
wIm)  went  over  to  form  one  in  that  convention, 
the  existence  of  which  shows  the  practical  re- 
vult  of  those  principles,  which  philosophy  had 
sought,  and  which  experience  was  to  confirm 
^t  dispels  the  clouas  of  prejudice  from  all 
people,  reveals  the  secrets  of^all  despotism, 
and  creates  a  new  character  in  man. 

"In  tliis  career  of  improvement,  your  ex- 
ample will  be  soon  followed;  for  nations, 
rising  from  their  lethargy,  will  rechim  the 
rights  of  man  with  a  voice  which  man  cannot 
resist." 

iientlemcn,  it  will  not  be  matter  of  surprise 
to  you,  that  letters,  such  as  these  to  the  Na- 
tional Convention  in  France,  should  have  pro- 
duced opinions  in  that  country  respecting  the 
attachment  of  individuals  in  this  to  their  go- 
vernment. It  is  not  therefore  very  extraordi- 
nary, that,  upon  the  llUh  of  November  179C, 
that  famous  dwri'c  passed  of  fraternization 
with  all  subjiH'ts  in  all  countries  who  chose  to 
resist  the  governments  under  which  ihcy  live; 
but  1  think  you  will  Ih^  surprised  that  any 
men  could  receive  in  this  country,  and  reai 
with  approbation,  and  enter  upon  their  pro- 
ceedings, the  answers  whieh  these  addresses 
brought  from  Fr.uiee,  and  whieh  were  read  in 
the  presence  of  the  prisoner  at  the  bar,  with- 
out lieing  astouislied  that  they  did  not  at 
least  tike  some  means  to  reject  from  them 
the  imputation  that  they  meant  in  their  own 
country,  all  ihat  these  answer*  suppose  they 
mean,  and  all  that  these  answers  piomisc  to 
astist  them  in  aceomplishing. 

You  will  find.  \\\\}\\  the  Tlih  of  December 
179v.\  that  a  letter  from  the  S.Kiely  of  the 
Friends  of  Ijberty  and  Equality,  Mtting  at 
Laon.  the  head  of  the  department  of  the  Aikne, 
to  tlie  TaUiotic  Society  of  IxuMlon,  cmlM  the 
Society  for  CimstitulioDal  lnliiniiatioo»  is  iMd, 
and  reiemd  to  Ibnr  GqommIIm  of  Omm- 
pondenoB:  H  ki»«li—  ~-^»»/KTte8»- 


the  Aisncv  to  the  Patriotic  Society  of  London, 
called  the  Society  for  (Constitutional  Informa- 
tion.— Generous  republicans,  the  philanthro- 
pic gifk  that  you  have  presented  to  the  war- 
riors of  France" — they  had  sent  some  shoes, 
and  were  at  that  time  thinking  of  giving  them 
some  arms — "  announces  with  energy  the  great 
interest  that  you  take  in  the  sacred  cause 
which  they  are  defending.  Accept  the  thanks 
of  a  society  that  docs  honour  to  itself  in 
esteeming  you.  The  time  perhaps  is  not  far  ■ 
distant,  when  the  soldiers  of  our  liberty  shall 
be  able  to  testify  their  gratitude  to  you:  then  : 
their  arms,  their  blood  itself,  shall  be  at  the 
service  of  all  your  fellow-citizens,  who,  like 
you,  acknowledge  no  rights  but  the  rights 
of  man;  then  France  and^England  shall  form 
together  a  treaty  of  union  as  lasting  as  the 
course  of  the  Seine  and  the  Thames ;  then 
there,  as  here,  there  shall  exist  no  other  reign 
but  that  of  liberty,  equality,  and  friendship. 
May  this  day  of  felicity  and  glory  soon  shine 
upon  the  horizon  of  two  nations  formed  to  ad- 
mire each  other !" 

(lentlemen,  they  then  enter  upon  the  mi- 
nutes of  the  society  another  letter,  from 
another  fraternizing  society, — whether  one  of 
those  societies  which  the>' speak  of  in  the  be- 
ginning of  1792,  as  affiliating  societies  in 
France,  or  not,  I  do  not  know;— whether  they 
had  been  assisting  to  reduce  their  principles 
into  practice  1  do  not  know ;  but  it  is  clear, 
that  the  affiliating  society  in  France  offered 
them  their  assistance  for  that  purpose.  Ac- 
cordingly, you  will  find  that  the  Society 
of  the  Friends  of  Liberty  and  Kquality,  estab^- 
lished  at  Macon,  write  to  the  Constitutional 
Society  at  London,  adverting  to  what  they  had 
said  in  their  address  to  the  nation  about  the 
glorioui^  victor}'  of  the  luth  August  1792,  the 
circumstances  of  which  shall  be  described  to 
you  in  evidence,  because  you  will  find  that 
some  of  the  per«»ons  who  are  charged  in  this 
indictment  (and  whose  conduct  in  this  con- 
spiracy, \*ill,  upon  the  clearest  principles  of 
law,  atiect  all  of  them)  were  then  present  in 
Paris,  l  hey  write  thus — **  Ye^,  citizens,  our 
brethren  and  friends,  the  10th  uf  August 
1792  shall  be  distinguished'* — what,  in  the 
annals  of  France '— •*  distinguished  in  the 
ann;Lls  oftkt  aorid,  as  the  day  of  the  triumph 
of  lil.erty,  our  tirst  revolution"— (Mr.  Joel 
Barlow  or  Mr.  Paine, one  should  have  thought, 
had  wivte  it>— ••  our  br^t  revolution  di J  but 
show  to  US  the  salutary  principles  of  ti.e  im- 
prescriptible rights  vt  man :  all,  except  the 
taitiiless  and  "the  enemies  of  humanity, 
adopted  them  with  enthusiasm.  It  was  then 
that  we  formed  ourselves  into  a  society,  in 
order  the  belter  to  impress  them  upon  our- 
selves, and  al'terward^  to  te^*h  them  to  our 
fellow-citizens. 

**  Our  &nt  constitution  had   ct^nsecrated 
tbem*  but  had  Bol  alwa\*«  taken  them  for  its 
Wm  I  Uw  doninion  of  the  pawionss  llie  foice 
\^  iMRKiMMiof  pt^yudkes,  and  the 
•^  ^-^"^  ci^lpyod  ia  our  Coft- 


for  High  Tre^mn, 

ititoent  Aisiixibl;^,  found  the  secret  to  preserve 
siilEcieal  autbonty  to  our  tvr»nts«  to  exUn- 
gmsh  Atiome  time  the  sacrecf  rights  of  naiur*-, 
jind  to  re*C3tibh&h  de«ipoti&in  on  its  throng  of 
ifo«. 

**  Uut  royalty,  tlius  preserved,  was  not  con- 
tent wtth  ihr  vji  loiv  secured  lo  it  by  a  set  of 
weo^  the  t  l  of  whom  it  had  cor- 

tlipted.     It  ^  iticnt  to  rcan  the  fruits 

that  it  appearvd  lo  promise  ilscH;  but  its 
\m  great  eugeriies*  ha*i  hastened  its  rui»>  and 
secured  the  iriuniph  of  reason. 

♦*  The  I'rench,  protid  of  iheirown  existence, 
^  ived  the  fruil  of  their  iirst  Jegisla- 

t'  ne  6ensibtc  of  the  imperfections  of 

I  1  w  lUat  they  uiaoe  u  surrender 

to  iihcrly  and  (^quality,  whirh 

tiic^>  ijau  cjiiiii.aced ;  they  rouM?d  themselve** 
toeW  to  demand  at  knglh  laws  impartial  and 

From  thence  the  necessary  day  of  the 
^f  All  ij>t  179'i,  from  thence  a  second 
revolution*  whic!»  is  onJy  the 
El  ue  fir^l,  winch  has  received 

onryoMrs  i*nd  uur  oaths,  and  which  we  will 
Lites  for  ever,  if  it  leads  us^  as  we  hope  it 
utU,  lo  ih*  s  of  the  nation,  to  the 

constant  ui  uf  hbcrty  and  equality. 

•*  Let  iniriguti%  tvols>  and  tyrants,  ciil urn- 
oiatcuji;  wc  de^^pise  ihem  too  much  to  cou- 
diaocnd  lo  auswer  Ihem^  and  seek  for  their 

"  '' '  *  -.A  :  1  J- trrrsus  IS  the  interest  that 
'  irs:   j^our  attention  has 

1+  Tdccess  of  our  arms.     We 
m,  we  are  proud  of  your  ap- 

*  Wc  t^ftiiic  at  the  expression  of  the  senti- 
ments ihvit  v{ju  manifested  to  our  representa- 


A.  D.  Vtm. 


[318 


ii- 

pjcmii 
ifid  ui> 
Ufcr  tl 
KMort 
HBldav  1 
oeriiwircDti 
kllieinat: 

Gcatleoir 
dcfvt 


^r)  a  nation  of  brethren  rouse 
The  c^u*!e  ol  huniiinity;  we 
li^ti  lidupl  our  [irinciples, 
c  sav  to  eatli  other  with 
Itey  become  our  allje»; 
',  we  shall  go  on  ta  de- 
n  the  yoke  of  tyrants,  to 
to  reason  and    nature^ 

'  -^'^     -''  :r  -,    -    -,  Iv  on 

lice. 

N*  »_'  Mtti    ^i*,wM-,  r..  .ii.i.i  tOr- 

I  who  set  a  higli  value 


fioutSodciy  oi  A 


-»f  December  1792, 
NHit  iv  ol  another 
lie,  wrote 
I  Rcpub- 
kitnlol  iite  ^!ouths 
ir  Society  silting  at 
lUc,  Citizcniit  brethren , 
•ndfirti  I  great  nations,  acquaint- 

ed mttik  lliCH  ri^hb-,  ftpproxi muted  hy  their 
fHUiiierdiJ  connexions  and  their  national 
iilyEOJOQ.  fortned  to  live  ami  to  act  in  concert 
wtib  e»oa  oiIi/QI'»  bci^n  to  forn\  the  glorious 
pc^Cd  of  wn't"  '  *i  '•:  Hvcs  for  the  regenc- 
nlffinofth'  *»ne  may  til  en  say 
•'ih  rciiKi&  v..-^  i.-.  .,-  «.c  ripe  and  ready  to 


fftU.  How  glorbus  it  will  be  for  France  and 
England  lo  have  formed  alone  a  confederacy 
destructive  of  tyraiits,  and  to  have  purchased 
at  the  price  of  their  blood  the  liberty  of  Eu- 
rope ;  we  may  say  more,  of  the  whole  iiui- 
vcrse  I  Courage,  brethren  and  friend  a !  It  is 
for  you  to  follow  in  the  glorious  and  hazar-* 
dous  career  of  tlie  revolution  of  the  world ; 
can  you  any  longer  groan  under  the  yoke  of  a 
government  that  has  nuthing  of  liberty  but 
the  nanieP  !or,  although  your  land  was  iiiha->i 
bited  before  ours  by  freemen,  can  you,  with- 
out delusion,  consider  your  government  as 
such  ?  Will  you  content  yourselves  with  a 
partial  freedom  ?  Will  the  Knghsh  be  satisfied 
with  principles?  Will  that  bold  nation,  that 
has  produced  philosophers  the  most  profound, 
and  that  first  of  all  perceived  the  sparkling 
rays  of  tVeedurn,  remain  a  spectatrix  in  so 
noble  a  cause  ?  No,  brethren  and  friends,  no  I 
you  will  soon  lift  yourselves  up  against  that 
perlidious  court  of  St,  James's,  whol^e  interna! 
Jiolicy,  like  that  which  found  its  doom  in  the 
rhuilleries,  has  made  so  many  victims  in 
onr  two  nations,  and  does  disunite  them  per- 
Tjelualjy  lo  rule  over  them.  Your  love  for 
liberty  tias  hxed  your  attention  upon  the 
wants  of  our  defenders  :  your  generosity  to- 
wards them  has  a  title  to  the  acknowledg- 
ment of  the  republic;  we  are  impatient  lo 
furnish  you  the  s;ime  advantages :  the  Po- 
pular Societies  of  France  desire  ardently 
the  epoch  that  shall  permit  them  to  address 
their  voice  to  the  National  Assembly  of 
threat  Britain,  and  lo  ofier  to  the  soldiers  of 
liberty  of  your  nation,  arms,  bayonets,  and 
pikes," 

This*  is  the  private  correspondence  between 
the  societies  and  the  Society  for  Constitutional 
Inlormation;  but  some  of  the  persons  named 
in  this  Indictment  were  present  at  the  serenes 
I  am  now  going  to  state  at  the  bar  of  the 
National  Convention  in  France ;  others  of 
them  delivering  these  sentiments  by  their 
ambassador  Mr.  Barlow  whose  principles  you 
have  seen,  and  Mr.  Frost,  of  whom  I  mu&t 
state  it,  because  I  shall  prove  it.  tl^t  be  baf 
been  convicted  in  ihiscoerr^-      '  :  7  fjixm 

that  country  witii  the  li  ^tog; 

they  ofler  ihew;  addrts:,,  ^   ^  ^.„   ..c,uoiuil 
Convention  of  Ir^mce  in  tennif  tiie 
of  which  I  wdt  stale  to  you  «•  lir  m  I 
stand  it,  to  be^  and  1  believe  it  it  »ii 
translation. 

"  Mr.  Barlow  and  Mr.  FfW^  CCfMi 
lens,  being  admittrri  to  tbe  km^tmm  ^_  ' 
pronounced  tti 
men,  the  actuii  .it! 

be  given  in  evtdciice ;  ti«  Mile  m  (bt 
Novembr  r  ]70at,  nine  ist^  dhcr  ffcc 
thcN  K 


frati 

COUUIIV    tri,tt 

any  ol'their 

**  Citijcenaof 
the  Society  for 
Londonj  to 


55  GEOUGE  III. 

on  the  triumphs  of  liberty.  This  Society  had 
laboured  iong  in  the  cause  with  little  prospect 
of  success  previous  to  the  commencemcnl  of 
yoMT  revolution ;  conceive  then  their  extjltu- 
tionaand  griititiidc  wlkn*  b?  the  aslonishrng 
c0bft»  of  your  natir>n»  they  b*'lieM  the  reign 
of  reason  acquiring  an  extension  am!  iolidiiv 
whicli  proitiiscd  to  reward  the  laVjour  of  all 
good  men,  by  securing  ihe  happiness  of  their 
lellow-crealures.  Irinumerabte  societies  of  a 
similar  nature  arc  now  forming  in  every  part 
of  England, Scotland  and  Ireliuid;  they  excite 
»  spirit  ot  universal  inquiry  into  the  compli- 
calcd  abuses  of  government,  and  the  simple 
xncans  of  a  reforme  After  the  example  wlMch 
Prance  has  given,  the  science  of  revolutions 
will  be  rendered  easy,  and  the  progress  of  rea- 
son will  be  rapid,  it  would  not  be  5 trail gc 
if,  in  a  period  tar  short  of  what  we  should  ven- 
ture to  predict,  addresses  of  felicitation  j^hould 
cross  the  sfas  to  a  National  Cvnve niton  in 
Sn^iand,  We  are  also  commissioned  to  in- 
form the  Convention,  thai  the  society  which 
\Vf  L  '  r^  f^ent  to  the  soldirrs  of  liberty 

a  !  ?Ti  of  a  thousand  pair  of  shoes, 

wiiiLii  mv.  uv  LtJis  time  arrived  at  Calais;  and 
the  society  will  contmue  sendini  a  thousand 
pair  a  week  for  al  lea.^t  six  weeks  to  come ; 
we  only  wish  to  know  to  whose  care  they 
ought  to  be  addressed," 

Why,  Gentlemen,  am  1  to  be  told  then, 
thai,  in  the  month  of  November  179'i,  those 
vho,  in  August  1792  had  said  they  coidd  ap- 
ply with  no  efiecl  to  parliament,  had  no  idea 
oi  such  a  National  Convention  in  Ent^land  as 
that  National  Convention  in  France  which 
they  were  addressing,  and  Irom  which 
they  were  expecting  to    receive    addresses? 

■  Am  I  to  be  told  that  they  had  no  idea  ol  such 

■  S  convention,  as  should  overturn  the  con- 
F  stitution  of  this  country  ?  It  is  impossible  to 
I  put  ^uch  a  const  riirlion  upon  such  procecdinfrs. 
I  Grntlcfuflu^  you  will  likewise  find  that  the 
I  presidpfjt  of  the  Convention  thought  it  neves- 
L^mry  la  givn  :ir^  ^n^^vor  to  Ibis  adrfieHS.  T  will 
■B^tc  the  ss.  Tit:    It  will  f>e  nud  in 

^Hvidenctfs    i  I   shall  not  lake  up  timt? 

in  looHn^  tor  it.  The  president  Cutt^idmng 
tliem  -A^  -r.uprous  republicans  (»r>d  well  he 
^'■'-  what  had  pa-^^ied),  makes  an  ad- 

d;  in,  cxpressiUi;  much  the  ^ti^w  ^f^fu 

tiiueiiii  ■j.'i  those  m  which  they  had  • 
him,  anil   then   he    concludes    by 
*<Witl. 
we  sh  I 
titmal  r 
Gfi 

it 

»ftddne«is(A;   th^ 
mirious  other 
import,  at  the 

and  the  intent  ^ 
siblyt 

ofth«-sn .        ^  ■   , 

Iri^fici  tcli  youj  a^  Lc.  mil,  Uial  Mma  ^  yti 


Trial  of  Thomtu  Hattij/ 

was  no  war  bclwcen  Great  Britiim  r  , 

you  will  allow  me  to  sray  that  Uiere  i-  >  c 

of  a  distinct  intent  that  there  should  be  a  Na- 
lional  Convention  in  England,  and  that  the 
French  sold  it  rs  of  hberty  should  assist  what 
they  would  call  the  soldiers  of  our  liberty^ 
whether  there  should  be  a  war  between  Greal 
Britain  and  France,  or  not :  and  you  will  allow 
nie  to  bay,  that  in  that  very  mouth  of  Nfw 
vember  1792,  a  passage  occurs,  in  wliich 
France  does  in  etlect  dechtre  war  against  all 
nations  that  did  no!  adopt  her  principles,  ant} 
allow  the  people  to  put  ihcm  into  execulron. 

In  a  tonspinry,  us  widely  extended  as  lhi# 
i<,  I  shall  undouinedly  insisi,  before  you  and 
the  Court,  thai  the  acts  of  individudls,  and 
particularly  theactsofpers^otis  sent  to  prrsf  nt 
addres'^cs  to  a  forri^u  country,  tbii' 

do  in  fefefence  lothesf^  aci^iseviili ,^i 

all  of  thciu  ;  and  hkcAvise  Ihat  letters  wludt 
the  p**rsons  write  relative  to  ihe  *ame  att- 
dres*ies,  arc  evidence  :i  iti 

whether  wntlen  by  tht  l1 

or  no,  as  being  in  tt  re 

purpose.     U^Kjn  tin  »^ 

Mr.  Frost,  who  Wi^  in.  m  .yi  i  .mv.  Mir,.^  |,}|« 
notioni*  in  a  letter  to  Mr.  Tookc,  of  the  real 
cft'ect  of  this  tr^iufjuctionofthe  H)fh  -f'  A..-.»«;t; 
1T9S,  ttboul  whicli  time  Mr  P*n  15 

first  appearance  in  the  National  l  ..  „,ui> 
— **  Without  the  afliur  of  the  10th  o<  iMiptr 
liberty  was  over — We  lUuc  to*day  with  Peiionr 
— PtiiW  has  cnieretl  hi^  name  on  the  rolf  of 
parliamrnt,  omi  wunt  ihrou^  the  f(»rm!i  of 
otficc  with  a  g^rcut  deal  of  nonchalance — We 
art!  well  Mgc<l,  iiuil  beside  our  bed-roomi?, 
have  all  culerLiming  n»um  for  members  to  be 
shuwn  inlo,  tmd  seveial  have  called  upon  u» 
this  morning/-  • 

Thcu  yoii  will  fmd,  that  Ihere  being  a  pro* 
jert  to  viend  shtjes  to  the  soldiers  of  Fntncc; 
and  arms  and  mu'ikeisi,  with  re^pett  lo 
whith  pn*ject  the  prison' «  ^-^  -.  ^...  f.:i...^^^* 
— for  the  pur(*osf  ul  ha-  rn 

Fn^rtr.irl      fn      InUKl?     p]      ,      /.  ,      v..       .....^v.     iH 

llowjogleiiofis  wmten  tithe 

\      '*  Sir :— VcTii  arc  in  no  want  of  ffieiuh 
England, -who  ardently  wi^h  to  hr  ti«.fiif 
French  liberty;    but  we  wi 
one  of  your  friend**  who  rcsi«' 
whum  you  have  iiu  entire  tr 
whiun  we  mtiv  irive  our  nmia 


1 1  roaches  wiicn 
I  »ns  to  tht  Na- 

I  wise  find  tbnt  the 
,  and  the  Cnn 

'I'd      to      C.'.':'l 


to 

in 
in 

it 


ith'Mr,  I 


f 


will     ilUIOTtut     Ul      '  'f 

if  you  cotfsidiT  tn  Mt»i 

of  view  thai  we  do,  ymi  wiU  Mic  iit  it  unicti 


S21] 


Jhf  High  Treason* 


A.  D.  1794< 


[9S9 


use  to  the  c&mmon  caute  in  England  and 
Fiance.  I  entreat  you  to  give  me  your  senti- 
ments upon  the  subject,  and  to  point  out  to 
me  the  means  by  which  I  may  be  useful  to 
you.*' 

This  is  answered,  upon  the  1st  of  October, 
by  Petion^  thus — *'  You  cannot,  sir,  doubt  of 
my  eagerness  to  Mcond  views  so  useful,  which 
w<U  for  ever  merit  our  gratitude,  will  rivet  the 
links  of  fraternity  between  us,  and  must  pro- 
duce the  greatest  advantages  to  England  and 
Fraiue.  I  shall  have  the  honour,  sir,  of 
sending  yon  without  delay,  the  name  of  the 
person  id  whose  hands  von  may  place  the  fuuds 
which  you  desUne  to  the  support  of  a  cause 
which,  in  tnith,  is  that  of  all  people  who  che- 
lish  liberty." 

Gentlemen,  it  may  be  in  the  recollection  of 
perhaps  most  who  now  hear  me,  that  circum- 
stuwea  of  this  sort,  which  were  supposed  to 
be  In  existence,  but,  which,  in  fact,  were  not 
capable  of  bein^  proved  to  be  in  existence, 
had  excited  in  this  country  considerable  alarm 
in  the  minds  of  many  persons  wlu)  live  in  it. 
^This  alarm,  it  seems  to  have  been  thought 
necesnry,  both  in  the  Constitutional  Society, 
and  also  in  the  London  Corresponding  So- 
ciety, in  some  degree  to  lay  asleep,  as  for  as  it 
affected  them;  they  tliought  it  necessary, 
therefore,  to  ^ve  some  declaration,  as  they 
call  it,  of  their  principles,  and  I  will  state  to 
you  shortly  what  that  was — but  the  explana- 
tion, which  the  London  Corresponding  Society 
gave,  waa  thought  so  little  safe,  though  it  was 
given  for  the  purpose  of  laying  asleep  alarms, 
Uiat  it  will  be  distinctly  prov^  to  you^that 
being  written  as  I  am  instructed  to  state'  to 
Tou  (and  I  do  it  because  I  am  instructed, 
aud  it  is  my  duty),  being  written  by  Mr. 
Vanghan,  it  was  agreed  to  be  stuck  up  round 
the  town  at  midnight — that  accordingly  a 
person  of  the  name  of  Carter,  a  billsticker, 
was  employed  for  that  purpose; — :that 
lome  mistake  happened  between  him  and  his 
employers;  that  naving  made  that  mistake, 
be  was  not  thought  a  proper  person  to  be 
employed  in  considerable  business  in  the  so- 
cie^  afterwards :  this  person  was  taken  up 
in  the  act  of  sticking  the  bills  round  this 
lowDy  which  coDlains  this  address— he  was 
prosecuted— he  was  convicted — and  lay  six 
nwnths  in  a  gaol  in  consequence  of  that  con- 
viction ;  and  this  was  the  fate  that  attended 
the  issuing  into  the  world  an  address,  which 
wu  to  appear  not  originally  by  daylight,  but 
by  midnight. 

With  respect  to  the  address  of  the  Consti- 
tutional Soaety,  I  think  I  shall  not  be  thought 
Id  make  anjunfair  observation  upon  it  when  I 
wty  thift— that  if  I  had  not  read  to  you  what  I 
have  already  read,  you  would  have  found  it 
impossible  to  ray  wiiat  it  was,  upon  reading 
that  paper  that  they  mnmt  to  say,  who  pub- 
lished it ;  but  after  what  1  have  read  to  you 
1  think  you  can  have  no  difficulty  to  dcter- 
aine  that  the  paper  they  published,  and  the 
paper  of  the  Corresponding  Society,    were 

VOL.  XXIV. 


by  no  means  such  as  were  calcuTated  in  any 
manner  to  disavow  those  principles,  which  I 
think  I  have  shown  you  satisfactorily,  from 
Alarch  1792,  were  the  principles  they  acted 
upon  and  adopted. 

Gentlemen,  the  address  of  the  London 
Corresponding  Society  is  in  these  words  ^— 
"  Friends  and  fellow-countrymen,  unless  we 
are  greatly  deceived,  the  time  is  approachinjg 
when  the  object  for  which  we  struggle  is 
hkely  to  come  within  our  reach.  I'hat  a  na* 
tion,  like  Britons,  should  be  free,  it  is  requi- 
site only  that  Britons  should  will  it,  to  beconfb 
so" — that  is  a  passage  borrowed  from  Mr. 
Paine—''  that  such  should  be  their  will--'the 
abuses  of  our  original  constitution,  and  the 
alarms  of  our  aristocratic  enemies,  sufficiently 
witness :  confident  in  the  purity  of  our  mo- 
tives, and  in  tlie  justice  of  ourcause^  let  us 
meet  falsehood  with  proofs,  and  hvpocrisy 
vrith  plainness ;  let  us  persevere  in  declaring 
our  principles,  and  misrepresentation  will  meet 
its  due  reward^on tempt. 

**  In  this  view  the  artifices  of  a  late  aristo- 
cratic association,  formed  on  the  20lh  instant 
call  for  a  few  remarks  on  account  of  the  declo* 
rations  they  have  published,  relative  to  other 
clubs  and  societies  formed  in  this  nation.  It 
is  true  that  this  meeting  of  gentlemen  (for 
so  they  style  themselves)  have  mentioned  no 
namesy  instanced  no  facts,  auotcd  no  authori- 
ties'' -  it  was  a  little  difficult  to  do  it,  unleM 
they  had  the  means  of  seeing  all  the  corres- 
pondences at  home  and  abroad — 'f  but  they 
take  upon  themselves  to  assert  tliat  bodies  of 
their  countrymen  have  been  associated,  pro- 
fessing opinions  favourable  to  the  rights  of 
man,  to  liberty  and  equality'' — mark  these  ex- 
pressions— "  and  moreover  that  these  opinions 
are  conveyed  in  the  terms,  no  king,  no  pariia^ 
went." 

Gentlemen,  what  I  have  been  endeavouring 
to  state  to  you  is  this,  that  it  is  necessarily, 
to  be  infcrre«l  from  their  principles  that  they 
did  mean  to  assert,  when  they  were  ripe  forii^ 
no  king,  nopariiament :    it  is  not  my  imputa- 
tion— I  do  not  know  whose  it  was,  to  which 
this  alludes,  that  they  did  express  their  opi- 
nion in  the  language,  no  king,  no  parliament  ; 
but  I  say  that  they  expressed  their  opinions 
in  language,  which,  when  accurately  looked  at, 
as  forcibly  import  the  ideas,  as  if  they  had 
used  the  words  no  king,  no  parliament — '*  if 
this  be  intended  to  include  the^  societies  to 
which  we  respectively  belong,  we    here,  in 
the  most  solemn  manner,  deny  the  latter  part 
of  the  cliarge."— What  is  the  latter  part  of^the 
charge  ?  tliat  they  do  not  mean  to  have  a  king 
or  parliament?    No — ^but  that  the  opinions 
are  conveyed  in  the  terms,  no  king,  no  parlia^ 
[  ment. — Whoever  shall  allribulc  to  us  the  ex- 
pressions of  no  king,  no  parliament,  or  any 
dcsiirn  of  invading  the  j)r<»p<Tly  of  other  men, 
•  is  guilty  of  a  wiltul,  an  impudent,  and  a  ma- 
,  licious  falsehood" — uiul  then  this  paper,stating 
I  a  great  deal  more,  which,  in  jusUce  to  the 
!  paper  itself,  khall  be  read  U>  you,  conclud«i 
1      V 


32.3] 


35  GEORGE  IIL 


•^*  Let  us  wail  and  walcb  the  ensuing 
essioo  of  parlianienl,  from  whom  we  have 
lilDUch  to  hope  iiud  httJe  to  fear.  The  liouiie 
Ijcf  Commons  may  has  c  been  the  source  of  our 
I  calamit/*  it  may  prove  that  of  our  deliver- 
acej  should  it  not,  we  trust  we  shall  not 
prove  unworthy  of  our  foretalhers,  whose  ex* 
lions  ill  the  cause  of  mankind  so  well  deserve 
Ljr  imitation/* 

Now,  gentlemen  I  I  ask,  after  concluding 
this  IcUcr,  what  tliis  means—"  if  parliament 
tiould  not  do  it." — If  we  are  ready  to  admit 
l^hat  parliament  is  formed  upon  principleij  ttiat 
Dake  it  competent  to  do  the  thing,  if  it  please 
f  do  it,  it  is  all  well;  btit  if  it  will  not^  then 
re  will  not  prove  unworthy  of  our  forefuthers, 
i^^hose  exertion*  in  the  cause  of  mankind  so 
vfcii  deserve  our  imitation — and  referring  you 
beck  to  the  correspondence  between  the  Nor- 
wich and  the  London  Corresponding  Society, 
t€j  the  declaration  of  the  6lh  of  August  1793, 
vhich  said  they  had  nothing  to  look  for  from 
mrliament — to  the  correspondence  with  the 
•fatiocal  Convention  of  France— to  the  eon- 
Juct,  which  in  the  prei»ence  of  their  delegates, 
iras  permitted — and  never  repudiated  by  any 
ct  of  the  London  Corresponding  Society ;  and 
■Teferring  you,  moreover,  to  the  subsequent 
evidence,  wliich  1  have  to  offer  to  you;  I 
think  you  will  find  that  the  sentiment  which 
is  expressed  by  the  author  of  this  paper,  upon 
iXie  l^th  of  November  179«,  was  a  sentiment 
which,  if  followed  up  bj^  tliosc  who  continue 
to  hold  it,  meant  that,  if  parliament  did  not 
give  them  redress,  they  would  have  it  by  their 
own  force, 

Whh  respect  to  the  Constitutional  Society, 
all  it  thinks  proper  to  say  ujKin  the  subject  is 
this : — ^**  that  the  object  of  this  society,  from 
its  first  institution  to  the  prei^nt  moment  of 
•lami,  has  uniformly  been,  to  promote  the 
welfare  of  the  people'* — I  beg  your  attention 
to  these  words—'*  has  uniformly  been  to  pro- 
mote the  welfare  of  the  people  by  all  consti- 
tutional means/' — Now  if  I  were  to  stop  here, 
with  a  view  to  show  you  what  you  arc  to  un- 
derstand by  the  words, — '*  all  consUtutioual 
means'^ — are  Uie  means  I  have  been  stating 
constitutional  mc^ns?  Will  it  make  the 
tneans  more  constitutional  than  they  really 
are^l^^cause  they  ch<x>se  to  call  tbcm  so?— 
**  and  to  expose  in  their  true  light  the  abuses 
which  have  imperceptibly  crept  in,  and  at  last 
grown  to  such  a  hci;^ht,  as  to  raise  the  most 
fcerious  apprehensions  in  every  true  friond  of 
tiie  constitution. 

**Rcsolved,^dly— That  this  society  disclaims 
the  idea  of  wishing  to  effect  a  change  to  the  nre- 
icnt  sy>tem  uf  ihuigs  by  violence  and  punlic 
commotioij,  but  tliut  ittrusi*^  »rj  ilut  isood  sense 
<>f  ihe  people'' — You  will  (  :l  have 

<kine,  tliat,  in  April  1793*  i>  t  trust  to 

the  good  senM;  of  the  pt-oplc — *'  when  lln?y 
shall  l»e  fuHy  enli-^litcncd  on  the  subjert  to 

J.1,  .,-,,          ',■!'..,,.,;•,,                      ,  ■,  I  ir^ui- 

H'  '      ■        '       -^*- 

iUi^'iHUj  aaiy.^iUiii  liiti  mtciiUoas  of 


I 


Trial  of  Thomas  Hardy  [3S^ 

ihb  and  similar  societies  have  of  late  been 
grossly  calumniated  by  those  who  arc  inte- 
rested to  perpetuate  abuse?,  and  their  agents* 
who  have  been  industrious  to  represent  tht 
members  of  such  st>cieties,  as  men  of  danger- 
ous  principles,  wishing  to  destroy  all  social 
order,  disturb  the  stute  of  pr o|>erty,  and  intro- 
duce anarchy  and  confusion  itiitead  of  regular 
\  government . 

"  Heaolved,  4thly^ — ^That,  in  order  to  eotin* 
teract  the  operation  of  such  gross  asp«Fskms, 
and  to  prevent  them  from  checking  the  pro^ 
^ress  of  ht>eral  inquiry,  it  is  at  this  time  pectt« 
fmrly  expedient  timt  this  and  similar  socieliei 
should  publkly  assert  the  rectitude  of  tbeir 
principles. 

"  Resolved — That  the  said  resolutions  b« 
adopted,  in  order  for  printing  lo  the  news- 
papers.'* 

Now  I  desire  any  person  to  read  that  paper 
thx%)U|;h  againi,  and  then,  gentlemen  of  the 
fury,  if  it  is  relied  upon,  be  so  good  as  to  ask 
yourselves  what  is  the  definite  meaning  in 
any  one  passage  in  it. 

About  the  same  time  there  is  an  address 
from  t!ic  IVIanchestcr  Society,  dated  the  t4th 
of  December  1792,  which  appears  lo  lia\*e 
been  read  in  the  Constitutional  Society,  in  the 
presence  of  the  prisoner,  and  which  addrcsa 
has  sume  very  particidar  circumstances  about 
it,  for  you  will  fmd  that  there  was  a  resolution 
upon  the  14th  of  December  17^3,  in  these 
words — ^**  Read  a  priuled  address  from  Man- 
chester— Resolved,  that  the  said  awklrcss  be 
approved  for  publishing  m  the  newspapirrs/* 

It  appears  hy  a  paper,  which  I  shuU  prfiduce 
to  you,  that  the  words  licud  a  printed  midra* 
from  Manchester^  are  in  the  hand- writing  of 
Mr.  Tooke ;  that  the  adfh-ess  itseli'  is  in  the 
hand-writing  uf  Mr.  Tooke;  whether  it  was 
a  copy  of  any  iiddress  at  Manchester  or  not,  £ 
du  not  know  :  this  address  appears  afterwards 
to  be  in  print ;  it  is  sent  for  publication ;  ajid 
with  a  vjcw  to  show  to  the  public  what  ejiient 
the  distributiuu  of  hl>els  has  arisen  to  in  the 
progress  of  a  treasonable  purpose  in  London, 
this  address  was  onlcrod  to  be  printed,  ana 
that  a  hundred  thousand  copies  of  it  should 
be  distributed  to  their  corresfiondenls  in  Grettt 
Britain  and  IreUnd.—The  repuct  that  was 
made  upon  It  was,  that  it  had  beed  oi^?red  to 
the  Morning  Chromcle  the  Morning  Fgsl, 
and  that  the  paper  itself,  though  drawn  by  « 
maatcrly  hand,  wan  '  <t 

venture  to  print  it—  r 

printed  in  London,    icm  t- 

papers  printed  in  the  con  r, 

if  London  will  not  do  it  i  o^ .. 
laud  has  reachcti  as  far  as  > 
Tweed,  so  as  to  c\\c*l  ihr  i 
libcf,  then  it  is  »  ' 
ord(!r  to  be  publisln      i 
might  be  more  saldy  done. 

Now,  in  this  paper,  which  bears  data 
the  1 4th  of  Dcu  ember  WUi,  and  rccoli 

as  t  hope  you  will  do,  what  I   have      ^ 

stated  tu  you  of  the  priociplcs  of  Uioim  wh0 


Twoedp  m 
,  wbore  ii 


rmed  in  this  Iransaclion^  as  these 
I  '  t^  been  manifested  in  aU  the  other 

imiiftscuuus,  I  have  stated  to  you^  you  wijl 
fiod  tibmt  in  thi%  pas^cc  :  he  Sitya— *•  To  gytl 
•'*- ■•tilenl  faisehood,  that  the 
the  poor  a*  tlie  rich,  pr 
11  a  roUen  conslitulion, 
cxmmiucdf  and  of  which 
iL^The  real  tncnds  of 
»tid  bear  with  pali- 
.  to  which  they  arc 
iiji Jiowever,  no  pergonal 
1.  hm  lo  the  enemies  of 
ihc  people,  iiiul  liu  du»respect  tii  the  tonbtilu- 
tiuii,  hut  where  it  is  hostile  to  the  rights  of 
If,  ,■'    " 

I  ly  U  h  Kaid  to  he  hostile  to  the 
ngi^ti  w  ibe  people,  I  think,  cun  be  pretty 
well  understood,  atter  what  I  have  stated  to 

CabcMjt  lbe%e  communications  with  France, 
it  need  not  be  left  there,  for  you  will  find 
tlmt  this  IS  more  distinctly  stated  in  the 
dnm^hi^of  an  answer  to  a  letter,  which  was 
JiJte^^iGc*  read  and  entered  among  the  minutes 
f  (  ty  uiKjn  the  seth, of  October  17»2 : 

L-  uf  the  answer  «!ems  to  have  been 

pr«|Mi4.d  on  the  $nd  ^fovembe^  1792  ;  it  was 
lo^bcMOtto  the  editors  of  the  Patriot.  The 
(l*lbe  Patriot  were  persons  who  were 
I  Sbeilidd ;  and  it  will  appear  by  the 
iiie  cuhsiane^  uf  wtiich  I  have  nut  really 
iJj  atfcngth  onovigh  to  state  to  you,  were 
laiiled  al  r>  ^^  lime  with  the  London 
Oatt8ii|ioad  ,  and  aUo  with  the  Con- 

tfimlffltti  .^^^  4 ,. ilic  prupagatiuu  ol  their 

ptop  «n<l  thi5  ui  an  extent,  which  no 
J  am  do  uiMirt.  to,  which  it  is  mipos* 
without  reading  a  par ^ 
>  they  IhemJselves  state 
;i]g,  and  which,  for  the 
you   in   this    respect, 
iii  to  you :    to  one  of 
an  answer,  and  I  hc;^ 
,',  o\  the  2nd  of  Nov,  17S>'J. 
)i  h  you  in  the  increase  of  the 
tifi^  of  freedom  ;  our  bo- 
iitiments— we  are  bro- 
I     .  ...m4  |ou,nud  with  the  free- 
;,jH_>:t'* — (who   wrote  that   letter 
i^  i  tieiare:  observed  up<*n,  which  states 
Ifttftyiigc^n  do  but  a  convention,  and  that 
is    a  government  immediately 
by  ttie  people :    that  that  cannot 
_     the  Crown  or  the  Lords,  as  you 
rta  cuofrtrua^  the  letter,  retain  their  au- 
thoiiiy^—Thgy  »<ld — **  Freedoni,  though  an 
Ite  ^       '  Horts" — Now  they 

Hii  I  fj  the  prejudice  of 

!»;.  1  III  lUint^uilhe world 

iCuUitp''  "I  t.h>^  I i'- ostein aparlia- 

Icc^extititJ^  ^viLij  HmgM.iifi  lords.  They  add 
l*ihm  v^n,  aji«tocracy,'*  that  is,  persons 
» hftvt  eoc  c4Mit4  upon  their  backs^'' and 
*— nc    bave    it    yet   in  England, 
''  aie    panting    and   writhing 
iti  imp;    m^y  Miccess,   peace,  and 
tStnud     those     efforts ! "  —  That 


Jetter,  so  prepared,  will  be  produced  to  youj 
with  the  corrections  of  Air.  Ilome  Tooke,  in 
liis  own  hand. 

Gentlemen,  I  have  now  gone  Uirou^b,  as 
well  as  I  ani  able, — and  I  hope  you  will  keep 
in  view  the  ca^e  I  have  stated, — the  princii^ 
pies  and  practices  of  these  societies,  wUh  all 
their  affiliations.    I  ought  to  mention  to  yau^ 
that  you  will  find  in  tlie  evidence,  as  it  is  laid 
before  you,  most  uncommon  industry  in  pick- 
ing up  fresh  connexions.    J  f  a  paper  appeared 
in  'the  country,  stating  that  a  society  of  any 
eort  was  formed,  you  will  find  immediate  in- 
dustry to  connect  tliem,  and  alliliate  the 
with  the  London  Corresponding  and  Const 
tutional  Societies.    If  these  societies  profes; 
— as,  for  instance,  the  Stockport  Society  pro-^ 
fcssed^ — that  they  would  have  nothing  but 
government  constituted  immediately  by  tliei 
selves,  they  contrive  lo  give  an  answer  satii 
factory  to  thera.     If  the  societies  professei 
attachment  to  the  monarchy,  and  desired  eac*<-] 
planation  whether  they  meant  JVIr.  Pitt's  plaOg 
wJiich  Mr.  Paine  lau*jhs  at-*or  whether  thejT' 
meant  the    duke    ot    Richmond's   plan — or 
whether  thev  meant,  as  a  letter,  you  wUl 
hear  by  and  by,  says,  to  rip  up  monarchy  bw 
the  roots,  you  will  .find  they  satisfied  llicm  ail 
sufiiciently  to  enlist  them  all  for  ttmt  purpose^ 
which  from  their  own  transactions,  I  stiUc  ta 
be  neither  more  nor  less,  than  to  do  what 
iMr.  Paine  did  in  his  book,  to  combine  the 
principles,    which    they  stated,    when    the 
limes  were  ripe  for  it,    with  the  practices 
which  were  correspondent  with  those  princi- 
ples ;  to  apply  those  principles,  which   were 
alike  the  principles  of  the^  societies  and  of- 
the  French  constitution  of  1791,  and  which 
Mr.  Paine,  Mr.  Barlow,  and  those  addressers 
to  the  convenion,  receiving  such  answers  from 
the  convention  iu  1792,  declared  had  produced 
a  constitution  in  France  u]>on  the  10th  of  An* 
gust   1792,  to  apply  them  not  to  form  that, 
which  in  its  nature  is  an  absurdity,  a  royal  de- 
mocracy, but  that  which   u{H}n  principle  is 
consistent,  though  it  it  a  wretched  bad  govern- 
ment, a  represcfttative  govcrnmeniy  lo  be  ex- 
changed here  in  lieu  of  our  hmited  monarchy^ 
in  heu  of  our  government,  under  which  I 
state  it,  with  a  defiance  to  the  w*orld  to  tell 
me  that  I  du  not  state  it  truly,  that  a  people 
never  did  enjoy,  since  the  providence  of  God 
made  us  a  people  Cyou  roay^talk  about  theories 
as  yoy  please),  that  they  never  did  enjoy,  for 
so  lung  a  time  together,  such  a  quantum  of 
actual  private  happiness  and  private  prosper- 
ity, puLlic   happmcssand    public  prosperity, 
under  any  constitution,  as  we  have  enjoyed 
under  the  constitution,  to  the  destniction  or 
the  support  of  which  it  is  for  you  to  judga 
whether  such  means,  as  I  have  been  stating 
lo  you,  were  designed  to  be  employed. 

The  ne.\t  thing  that  was  to  he  oone,  was  lo 
go  on  in  strengtliening  themselves  by  affilia^ 
lion  ;  and  you  will  find  accordingly  that  they 
have  connexions  at  Norwich,  Shetheld,  Leeds, 
and  other  places :  iudeedi  there  wfis  Wrdly  a 


9S7]         S5  GEORGE  m. 

county,  in  which  they  had  not  affiliated  so- 
cieties, and,  if  yon  believe  them,  to  great 
numbers. 

The  next  step  they  took  was,  not  that  they 
should  have  it  accomplished— their  principles 
wjouUI  not  let  them  accomplish  it— but  it  was 
for  the  purpose  of  attaching  more  and  more 
affiliated  societies,  that  they  began  now  tp 
think,  in  the  year  1793,  of  makmg  applica- 
tions to  parliament.  Gentlemen,  m  the 
course  of  tliat  year,  1793,  whilst  they  are  to 
make  applications  to  parliament,  you  will  find 
that  they  distinctly  discuss  the  utility  of  doinjg 
80.  I'he  London  Corresponding  Society,  it 
will  be  proved  to  you,  take  the  opinion  of  the 
societies  in  the  country  with  respect  to  three 
distinct  propositions.    Mark  this. 

Now,  gentlemen,  in  September  1793,  the 
Stockport  Society  told  the  London  Corres- 
tfonding  Society  that  there  was  no  hope  of 
doing  any  thing  but  in  a  convention;   the 
London  Corresponding  Society  give  the  an- 
swer that  I  have  before  stated.    They  bcf^n 
to    think    of  this  thing   called  a   conven- 
tion in  the  beginnii.g  of  the  year  1793,  and 
they  propose  having  communication,  on  the 
other  hand,  from  the  country  societies.  They 
State  three  propositions — What  is  it  we  arc  to 
do  ?— Arc  we  to  make  an  application  to  parlia- 
ment ? — Are  wc  to  make  an  application  to  the 
king  ? — ^That  would  have  been,  to  make  ap- 
plicat'on  to    the   king,   that   he    would  oe 
gra  ious^y  pleased,  according  to  the  oath  which 
he  takes  upon  his  coronation,  to  give  his  con- 
sent to  measure*:,  which  were  to  destroy  the 
government  of  the  country,  as  it  exists,  and 
of  himself  as  a  part  of  it !  '  Or  are  wc  to  have 
a    convention?      You  will  find,    when   the 
whole  of  the   evidence  is  laid   before  you, 
there  is  a  vast  deal  of  discussion  about  this 
measure  of  a  convention,  there  is  a  vast  deal 
of  di<<cussion  about  applying  to  parliament. 
The  application  to  the  knig  is  thought  futile 
without  more  debate ;  but  they  come  to  this 
determination,  that  things  are  not  yet  ripe : 
but  that  the  application  to  parliament,  how- 
ever, may  be  one  means  of  ripening  that 
which  is  not  yet  mature ;  and  then  soliciting 
petitions  from  all  parts  of  the  kingdom,  tell- 
ing those,  from  wnom  they  ask  them,  that 
they  do  not  mean  that  they  should  have  any 
eftect,  that  they  are  all  waste  paper;  canvas- 
sing all  parts  of  the  kingdom,  and  getting  sig- 
natures   in  the    way    you    will   find,   they 
send  the  petitions  to  parliament,  which,  for 
myself  and  my  postenty,  I  thank  God  par- 
liament did  not  attend  to ;  I  mean  petitions  to 
introduce  a  change  in  the  government  upon 
the  principle  of  annual  suffrage  and  universal 
representation. 

They  lictermined  for  the  present  that  they 
would  content  themselves  with  petitions: 
that  this  would  oceaMon  a  great  deal  of  de- 
bate :  that  that  would  give  them  a  vast  variety 
of  opportunities  of  discussing  the  point  they 
had  bad  in  agitation  since  1799 ;  and,  if  the 
public  mind  was  not  ripe  for  a  convenlMii  in 


Trial  qfTkomas  Hardy 


[ass 


1793,  the  proceedings  and  transactions  of 
1793,  had  a  natural  and  obvious  tendency, 
when  tliese  transactions  were  made  a  proper 
use  of,  to  bring  to  maturity  the  project,  not 
yet  come  to  maturity :  you  will  find  therefore 
that  both  the  London  Corresponding  Society 
and  the  Society  for  Constitutional  Informa- 
tion keep  this  object  in  view. 

The  Norwich  Society,  upon  the  5th  of 
March  1798,  write  thus  to  the  Society  for 
Constitutional  Information,  and  which  jpu 
will  see  had  held  correspondence  also  with 
the  London  Corresponding  Society  upon  the 
subject  of  the  same  proposition :  **  It  is  with 
peculiar  satisfiiction  that  we  are  favoured  with 
your  correspondence," — they  first  say — ^  We 
wish  to  find  out  a  method  of  redress ;  at  pro^ 
teni  we  see  a  great  propriety  in  universal  suf- 
frase  and  annual  elections ;  but  we  beg  you 
will  be  obliging  enough  to  inform  us  of  what 
you  have  collected  of  the  sense  of  the  people 
by  your  correspondence :  we  have  to  inform 
you  that  our  worthy  Corresponding  Societies 
of  London  have  recently  submitted  three  pro- 
positions for  our  investigation ;  first,  whether 
a  petition  to  parliament^  or  an  addrtu  to  tha 
king,  or  a  convention,** 

When  I  find  here  the  word  convention,  I 
think  I  may  address  this  auestion  to  you  as 
men  of  common  sense;  it,  in  August  1799, 
the  London  Corresponding  Society,  by  the 
address  which  I  have  read  to  you,  nave  told 
^ou  distinctly  that  they  cannot  get  any  redress 
firom  parliament,  is  it  not  marvellous  how  it 
is  to  be  made  out  in  argument,  that,  in  March 
1793,  they  vere  to  have  a  convention  in  order 
to  i^t  it  from  parliament,  and  more  particu- 
larly to  get  it  from  that  parliament,  which, 
upon  their  own  principles  wm  not  competent 
to  fiive  {/,  if  they  had  a  mind  to  take  it  firom 
parliament  ? 

"  Permit  us  briefly  to  state  our  views  for 
your  revisal ;  and  with  respect  to  the  first,  wo 
behold  we  are  a  conquered  people ;   we  have 
tamely  submitted  to  the  galling  yoke,  and 
resistance  in  the  present  circunutances  is  vain  ; 
we  cannot,  we  cannot  art  the  man  ;   and,  as 
necessity  has  no  law,  we  think  ourselves  tm- 
\  der  that  degrading  necessity  to  state  our  grie-» 
I  vances  to  the  Ilousc  of  Commons,  with  a  re- 
';  quest  for  redress ;  and  should  they  refuse" — 
,  which  they  did — "  to  grant  our  reasonable 
;  petition,   we    have  still  got   (no  thanks  to 
them)" — here  is  an  accurate,  a  short  dci>crip- 
tion  of  the  affiliated  societies — "  a  formidable 
j  engine,  that  will  convey  the  insult  to  the 
I  remotest  parts  of  the  kingdom :    as  to  the 
.  propriety  of  the  second,  we  wish  to  submit  to 
I  your  superior  jud^ent,  and  should  esteem  it 
j  a  favour  to  be  informed  of  the  roull ;    for  at 
i  present  we  arc  dubious  of  its  good  conse- 
quences.    Lastly,  a  convention  ;  and  oh  !  that 
the  period  were  arrived ;  but  in  the  present 
,  state  of  aflairs,  alas !  it  is  impracticable ;  yet 
this  is  the  object  we  pursue^  and  esteem  any 
other  means  only  in  subordination  to,  and  as 
baving  a  tendency  to  accomplish  that  dtuw 
I  able  end. 


9Sff] 


Jor  Ffigh  Trms^n. 


uiii&oti  with  our  brc*  [ 
'  irers,  ami  ^bouM  b^  gliid 
nfatiy  '^^Mon  HS  it  is  conveni- ' 

rrti;  w^  ir  atlvice  whether  tl  is 

itrcessary,  as  au^^n  u»  pij!»«tble,  to  collect  sig- 
nalirr***  lo  a  pelilton  far  u  rt:al  rtprestntation 


Pf 


r 


k. 

ct 


T,  ofUteSlhofMflfch  1793,  h«v- 

M  fl  from    Norwich,  you  will 
1^1,  who  had  then  lalely  conve 
il  WH'^  ubutjt  that  lime,  I  be-  | 
no  king  in  this  coimtry,  in  j 

I    ninir    l>vvful   lO  Sa.Y   SO,  WflS  j 

,  ♦  r  per*: on  to  draw 
1^;  and  accordingly 
1  oks  of  the  society,  tRat 
1  lo  prepare  that  answer: 
itito  abler  handn;  for,  unless 
instructed,  it  was  settled  by 
J  I  he  substance  1  will  now  read  to 
K   dftted   the   16th  of  April   1793. 
of  the  Society  for  Con- 
n  to  the  secretary  of  the 
iclics  at  Norwich. — We 
with  great  satisfaction 
1 1 IV  i  I  yju  favoured  us  with^  dated 
Lint,  relative  to  the  most  desirable 
n}ui^.  u    the  retbrra  of  a  parlia- 
u.    The  honour  you  do 
^         wc  arc  better  fitted  than 
»or   the   promotion    of   political 
,   wo  must  disclaim,  becau?j.e  we 
ilesl  picasure,  that  our 
iits  have  too  much  zeal 
^  \u  want  success  in  their  pub- 

i.  whether  at  Norwich,  at  Shef- 

s.  sitT,  or  elsewhere,  through- 

t  In  our  sincerity  for  the  good 

01  iitjr  t<^M in uy  we  trust  that  we  arc  all  et|ual> 
ladt  M  imch/  wc  doubt  not  of  our  ultimate 

'  witli  sorrow  the  existence  of  those 
••  ^-'^^  justly  represent  as  the 
»  overflowinjj  this  once 
country.     Wc  see  with 
Durrcntt;  that  men  arc  to  be 
H  and  willing  to  supjiort  those 
It  i*.,  however,  no  small  conso- 
!d  thill  others  are  not  wanting,  in 
'tton,  of  nn  opposite  ciia- 
to  renu:<lv»  by  all  laud- 
:i%  the  defect  in  our 
d  extension  of  the 
'    t  her  grievances 

T. 

.ir...  tM  r.ngland  has  no 

icter  it  once  possessed  ; 

""'^  r:\cy  of  the  country 

property  and  privf- 

iheieforc  no  longer 

cmmt'Ot,  which  our  adversa- 

:_',  when  they  know  it  is  no 

fire  facbt  notorious 

then  are  we  to  look 

I  hose  who  had 

ri,  they  would 

'  OqI  Hfjt  tD  {>aiiiaaitiit,  would  not  \k  so  in- 


consistent  as  to  say  that  Uicy  would  look  la 
it  in  April  1793 — **  to  that'  parliament  of 
which  wc  complain?  to  tJie  executive  power 
which  h  imphcillv  obeyed,  if  not  anticipated 
Id  that  parliament  ?  or  lo  ourselves  ?" 

Now,  who  are  ourselves  ?  why,  those  affi- 
liates) societies  !  **  ourselves  represented  iti 
some  meeting  of  delcj^alcs  for  the  extensive 
purpose  of  relorm,  which  wc  suppose  you  un- 
dersl;ind  by  the  term  convention.'*  The  Nor* 
wicii  Sociiiiy  writes  to  the  Coastitutional  So-, 
cicty,  and  it  proposes  a  convention  as  the 
only  means  of  doing  Uiis  buitiness.  The 
Constitutional  Society  states  that  it  is  to  be 
done  only  in  a  convention,— of  what?  of^ 
themselves.  Why  then,  I  say,  upon  the  Ifitii  \ 
of  April,  1793,  the  Constitutional  Society 
construed  the  acts  of  the  20th  of  January. 
1794,  which  I  shall  allude  lo  presently,  anrl 
the  27lh  nf  March,  1794,  because  the  <Jonsti« 
tulionol  Society,  said  that  a  convention  was  a 
convention  of  themselves,  represented  income 
meeting  of  delegates,— and  for  what  purpose  f 
for  the  extensive  purposes  of  reform  j — now  ? 
by  applying  to  parliament?  No,  Why,thispas* 
sage  states  expressly  that  the  reason  why  theJJ 
would  liave  a  convention  was,  because  they 
would  not  apply  to  parliament;  and  can  i 
impute  to  men  of  understanding,  that  ar€ 
employed  in  tins  busiricHS,  for  there  are  meii 
of  understanding  enough  employed  in  thli 
business ;  w  hether  that  understanding  i^ 
properly  employed  in  this  business,  it  is  noC 
for  me  to  say  aiiy  thing  about— can  I  imptital 
any  thing  so  absurd  to  men  of  understand  In 
as  that  they  meant  to  form  a  convenlioi 
whicii  convention  should  carry  their  pettUoif 
to  parliament  ? 

**  It  is  the  end  of  each  of  these  proponi 
tioiis  that  we  ought  to  look  to  ;  and,  as  sut  ., 
cess  in  a  good  cause  must  be  the  eflect  of 
persevcnince  and  the  rising  reason  of  the 
time,  let  us  determine  with  coolness,  but  let 
us  persevere  with  decision.  As  to  a  couvcn- 
tion,  wc  regard  it  as  a  plan  the  most  desirabl 
and  most  practicable;'* — when?  so  soon 
the  great  body  of  the  people  shall  be  virtue 
enough  to  join  us  in  the  attempt?  No — but'* 
sooa  as  the  great  body  of  the  people  shall 
couragmu»and  virtuous  enough  to  join  «•»  in  the 
attempt/'  You  will  see  whether  the  ioterpre- 
tatiiin  which  1  give  of  the  word  **  courageous** 
by  the  manner  fn  which  I  mciu  to  express  it,  is 
due  to  it  or  nut,  bv  what  I  have  to  state  to  you, 

Gentlemeu  ul  tbe  jury,  with  a  view  to 
plain  thin  tiling  called  a  convention,  as  cort-^ 
tradistinguished  from  parhiimcni,  give  mts 
leave  to  carry  back,  your  attentiou  fur  a  mo* 
ment  to  January  '^5,'  1793.  In  this  society, 
whirh,  in  November,  1792,  had  the  corres-, 
pondence  witli  France,  which  I  stated,  in  J 
nuary,  1793,  when  we  were  on  the  eve  ofi 
war,  and  upon  the  eve  of  a  war  which  had 
been  produced  by  the  principles  whicji 
brought  fraternization  into  this  countrv^j^ 
and  took  place  soon  after  that  decree  ol 
November,  1792,  you  will  fiud  t^VV^^^  v 


331] 


35  GEORGE  IlL 


[^lutions  were  come  to— "  That  citizen  St. 

];Andre,  a  roember  of  Ihc  Nationul  Convention 

[•of  France/* — that  convention  which  had  de- 

•posed  a  king,  as  that  which  could  notejctst  in  a 

govern  111  en  I,  formefl  upon  the  principles  of  the 

rights  uf  tnaii,  as  diM:lo5<ed  by  Mr.  Paine,  his 

lifellow-meniber  in  that  convention, — "  as  one 

off  the  most  judicious  and  entidvtcned  friends 

[  of  human  liberty,  be  admitted  an  associated 

Llicinorar^r  member  of  this  society, — Uesolved 

fThal  citizen  Barrfere,  a  member  of  the  Na* 

[•tional  Convention  of  France,  being  cooHdered 

hhy  us  as  one  of  the  most  judicious  and  en< 

lightened  friends  of  human  hberly,  be  ad- 

niLted  an  associated  honorary  member  of  ttixs 

Kjcicty, 

'*  Resolved,  that  citizen  Holand,  being  also 

leonsi<tered  by  us  as  one  of  the  most  judicious 

Imnd  enlightened  friends  of  human  liberty^  be 

l^dmitted  an  associated  honorary  member. 

^  That  the  speeches*' — Gentlemen,  1  par- 
Iticularly  request  your  attention  to  this-^ 
1^  that  the  speeches  of  citizen  St,  Andr6  and 
eitisen  Barr^rCf  associated  honorary  members 
of  this  society f  as  given  in  die  Gautte  Na* 
iionaU,  ou  Sloniieur  unirerttl  of  Paris,  on 
the  4th,  6th,  and  7lh  of  January,  I79i3,  be 
inserted  in  the  books  of  this  society  ;**— and, 
as  far  as  tJiis  society  could  eftectuate  it,  they 
etideavoured  also  to  havp  these  resolutions, 
published  in  the  newspapers,  and  it  will  be 
ni  proof  to  you  that,  in  the  bofiks  of  the  so- 
ciety, it  is  resolved  that  each  of  these  resolu- 
tions should  be  so  published. 

Now,  gentlemen,  I  shall  prove  to  you^  by 
evidence  completely  effectual  fur  that  pur- 
pose, what  these  speeches  were,  and  then,  if 
you  will  be  so  good  as  to  ask  yourselves  what 
tiic  Constitutional  Society,  which  in  January 
and  February  ordered  these  speeches  to  he 
pubhshed^  meant  by  o  canvention  in  that  let- 
ter of  the  teib  of  April,  1793,  you  will  judge 
whether  that  convention  was  to  be  the  means 

i because  they  would  neither  apply  to  the 
:ing,  the  executive  power,  nor  to  the  parlia- 
ment), was  to  be  the  means  of  handing 
their  application  to  parliament  or  whether, 
on  the  other  hand,  it  was  to  be  the  means 
of  introducing  by  Its  own  force,  a  r**- 
pretcntativc  government  in  this  country  ? 
that  assembly.  wl\ich  you  will  find,  they 
insist  would  for  Uie  time  absorb  all  the 
powers  of  government,  which,  if  it  i\id 
exist,  would  delegate  its  legislative  power 
onlv  so  long  as  Ihcy  chose  to  delegate  it,  a 
body  competent  to  create  a  legijf^Iaiure,  and 
possessing  within  itself  an  eternal  power  of 
reform,  an  eternal  source  of  revolution, 
Willi  rc^jMTct  to  SL  Andr^,  speakuig  to  the 
convention,  he  says,  **  Your  riyhl  to  decide 
the  fate  of  kings  arises  from  your  being  a  re- 
volutionary asscnibtv  (.Tciih  d  h\  tlu?  natioo" 
— a  rcvolutiona!  by  the 

nation  in  such  a  it  thing, 

which  I  think  uogoixl  tngUshman  ever  will 
wi^h  to  eiist  to  see — *'  a  revolutionary  as- 
i  I  ritcd  b/  the  imtloo  lo  a  at^tc  of 

ill    ..       .    ," 


Tml  of  Thomas  Hardy  {33f 

Speaking  of  the  trial  of  the  king  of  France, 
they  say,  **  This  proceeding  is  of  the  highcac 
importance  to  public  order,  absolutely  lieces* 
sary  to  the  existence  of  liberty^  and  connected 
with  whatever  is  held  nioBl  sacred  by  th^ 
nation. 

**  The  people  of  Paris" — This  is  upon' the 
(question  whether  the  person  of  the  king  be 
JDviaJable,  a  ma.^im  unquestionably  true  in 
the  constitution  of  tliis  countrj',  a  maxim 
perfectly  consistent  with  the  civil  liberties  of 
the  people,  because^  though  the  king's  per- 
son is  mviolablc,  he  has  advisers,  who  ane 
violable  as  to  every  act  that  he  does — **  The 
people  of  Paris,  by  making  a  holy  insurrec- 
tion against  the  king  on  the  iQth  of  August^* 
— that  10th  of  August,  which,  in  Mr.  Frost's 
letter  to  Mr.  Tooke,  was  absolutely  necessary 
to  the  existence  of  liberty  in  France — *'  de- 
prived him  of  bis  character  of  inviolabiUly. 
The  people  of  the  other  departments  ap- 
plauded this  insurrection,  and  adopted  the 
consequence  of  it.  Tli/e  people  have  IhcrcfoTTe 
formally  interposed  to  Je&lroy  this  rayal  in- 
violubdiiy.  Ihc  tacit  consent  of  the  people 
rendered  the  person  of  the  king  inviolable; 
the  act  of  insurrection" — I  pray  heaven  de- 
fend us  from  the  operation  ot  such  principles 
in  this  counlry— "  the  act  of  insurrection  wa« 
a  tacit  repeal  of  that  consent,  and  was 
founded  on  the  same  grounds  of  law  as  the 
consent  itself;  the  kin^*s  person  is  inviolable  j 
only  with  relation  to  tne  oilier  branches  of 
tl)c  legislature^  but  not  with  relation  to  the 
people." 

rslow,  I  ask,  what  did  those  gentlemeiji^ 
who  ordered  this  speech  to  be  publisher'  ^ 
that  the  king's  person  is  invioltible  only  will 
relation  to  the  other  branches  of  the  le^isli 
ture,  when  they  were  talking  of  convention^ 
mean  .^  lam  sorry  lo  say  that  my  mmd  \ 
drawn  to  the  conclusiQH  that  thev  thoughj 
the  king*s  person  was  not  inviolable  witli  re« 
lation  to  ihe  people,  a  convenlioo  of  whota 
was  to  be  formed,  and  was  to  be  formed  t^e^ 
cause  an  application  to  parliament  waa 
useless. 

Now,  let  us  see  the  description  of  a  con- 
vention. **  A  convention  diifers  from  an  or^ 
dinar^  legislature  in  this  jcspect :  a  legibla* 
lure  IS  only  a  species  of  superintending  mac 
gistracy,  a  moderator  of  the  powers  of  govern 
ment  r  a  convention  is  a  perfect  representalioil 
of  tlie  sovereign  t  the  members  of  tl,  ' 
live  assembly  acted  in  August  upon  t 
ci pies,  in  sumnnming  the  convcjiuon  ;  intj 
declare" — precisely  as  it  is  declared  in  tb 
letter  I  have  been  reading  to  you—"  tlia 
they  saw  but  onv  measure  which  could  saT 
France,  namely,  to  h^^'^  t*<.Mir?c  to  the  «u« 
preme  will  of' the   ]  d  to  invite  th^ 

people  to  CX( Tci!^^'  ii  ihil  UU:*lit'13lb 

nle  right «  i 

lion  hud    ;i; 

t  lu  any  rrsUlclion  :   ihu   , 
i  jiiired  that  the  people  hU 

luteal  \Xim  will  by  tlic  election  of  ft  ^>tiQii4 


3S5J 


for  High  Treason. 


CoOfttitiOT),   formed   of    repre«cntalives  in- 
testfil  bv  the  people  inilh  unlimited  powers. 


T^ 


did  manifest  their  will   by  the 

» hat  convention.    The  convention 

lablcd  is  itself  that  sovereign  will 

ill  to  prevai).    It  would  be  con- 

:  TJnciple  to  suppose  tliat  the 

r  alone  exdusiv  ely  the  cxpres- 

.il  wilL 

•jfthe  convention  must,  from 
•  i  ...I  ^  of  the  assembly,  be  unlimited 

*.  (t    to  every  nieasurc  of  general 

SI  I  as  the  execution  of  a  tyrant*    It 

1^  '  a  convention,  if  it  has  not  power 

l>  .  king  :a  convention  lit  a  constituent 

bcHiy^  t,  £<  a  body  that  is  to  make  a  constitu- 
tioator  the  people;  a  legislature  makes  laws 
USider  an  eiitaMished  constitution,  and  in  con- 
fomity  to  it,  It  is  despotism  whcu,  in  the 
and  ptTmanent  establifihment  of  a 
there  is  no  reparation  of  powers  j  but 
*'  very  esseuce  of  a  consstilucnt  body 
1  1-   for  the  time  all  authority  :  it  is 

tiiv  .w.,  ..uLure  of  a  national  convt-ution,  to 
ht  the  lemfjonitj'  ima^c  of  the   nation,  to 
ill  ii-fir  all  the  powers  of  the  btyte,  to 
ilo  iinslthe  enemies  of  liberty, 

I  them  in  a  new  isocial  cora- 

ls I  constitution.'* 

ji»^ after  I  have  stated  that  to  you, 

iiiu^L  I  caiiuot  possibly  be  mistaken  when  I 

riv?  that  you  can  Jo  no  otherwise  than 

p>  toe  construction  upon  this  letter 

w  lake  the  liberty  of  calling  your 
1  a  letter  of  the  17*th  of  May  179^, 

Utm  inv  amwerof  the  26th  May  17{>.H,  passing 
a  grciit  many  letters,  the  substance  of 
h  you  wiil  inlorm  yourselves  of  by  having 
1  nmdf  namely,  JeUcrs  that  prove  afiilia- 
k  »otiriied  aud  granted  to  Leeds,  Tewkcs- 
hutf,    i  and   many  places  in    the 

kingdcs^  numerous  than  I  apprehend 

JQQ  wtil  bcheve^  tdl  you  see  what  the  num- 
wr  ^f  tb«m  is,  by  evidence  actually  before 

Gcntlemm,  I  beg  Jeave  now  to  call  your 
IftaiUt  r  If  r  of  time,  to  a  tetter  of  the 

lllb  %\  ior  it  begins  a  corresjiondencc 

lUMleiiirsfivi  J)  material  with  that  part  of 
ibe  countiT  in  which  the  convention  haa  been 
tkmiy  ticid ;  1  nu  •  ■>-■♦' ^r  1 :  -a  convention 
vydv  1  Ihtnk  1  u,  did,  for  the 

ttMv   vt  Upon    1  that  I  have 

HUed  loycu,  !n>iu  iIm  '  f  Barrerc,  as 

4f  a*  it  txjtj  I      :  h  I  think,  at 

^mammn^  you,  if  it  had  not 

laeil  ttQ|iarii  .  m  of  its  purposes, 

•atf  bid  b«!Ujoii  hose  acts  wc 

V9  rtm*¥}rTi^  g  <  I  1 1 1  h  a V  e  neen, 

ki  '  ■    .  i    '  I  ■ '  r ,  in 

L:  of 

Htfiefi  *jI  licarm^  il  ironv  me  m  a 

Oent^m'         "  '         '\-r    f^  r'  that  I 
ii^lobadu  thrjus- 


derstaud  the  case  upon  which  certain  per 
sons  were  tried  for  the  acts  which  they  did  if 
Scotland,  that,  if  they  had  been  tried  lor  higHj 
treason,  they  would  have  no  right  to  com- 
plain ;  no  right  to  complain  if  the  ouestioiL 
upon  their  conduct  bad  been  agitateu  in  thai 
shape  before  a  jury  of  the  conn  fry. 

Gentlemen,  upon  the  17th  ol  May,  a  Mf 
Urquhart  going  from  London,  Mr.  Hardy,  and 
a  person  of  the  name  of  Margaret,  celcbrat 
cJ  in  the  future  history  of  this  busincsSj  joiii 
and  write  a  letter — parliament  had,  as  tbej 
expected  it  would,  and  as  they  meant  it  shonJ 
reiected  their  petition — "The  Ix)ndon  Coml 
responding  Society  eagerly  seizes  the  oppori, 
tunity  of  Mr.  Urquhart  gomg  back  to  JEdinJL 
burgh,  to  request  of  your  society  a  renewal  ol] 
correspqndence,  and  a  more  intimate  co  ope 
ration  in  that  which  both  societies  alike  seei 
viz»  a  reform  in  the  parliamentary  represcntaZJ 
tion.    We  are  very  sensible  that  no  societj 
can  by  itself  brin 2  about  that  desirable  end  1 
let  us,  therefore,  unite  as  much  as  possible^ 
not   only  with  each   other,  but  with  everyj 
other  society  throughout  the  nation.      Owtl 
petitions,  you  will  have  learned,  have  beeilj 
all  of  them  unsuccessful:  our  attention  musC 
now,  therefore,  be  turned  to  some  more  effen 
tuai  means ;  from  your  society  wc  would  wil 
lingly  learn  them,  and  you,  on  your  part,  ma| 
depend  upon  our  adopting  the  firmest  mea 
surcs,  provided  they  are  constitutional,  and  w 
hope  the  country  will  not  be  behindhand  wit] 
us/' 

Now,  by  *'  constitutional  measures,"  it  m\ 
clear  that  they  meant  that  a  convfntwn^  ai 
contradistinguished  from  a  parliament,  would 
be  coMMitulional :    it  is  clear  they  meant  i^l 
because  they  have  said  it,  J 

Then  Mr,  Skirving  •  writes  thus — "Mhl 
Urquhart  did  me  the  pleasure  to  call  C4ti 
Thursday  afternoon,  and  delivered  your  lettetj 
of  the  17th  inst-  i  am  much  pleased  wit 
the  contents  of  it,  and  shall  lay  it  before  th 
first  meeting  of  our  societies  here,  which,  hov 
ever,  does  not  take  place  till  Monday  sevei 
night  I  would  have  acknowledged  the  receip 
of  your  favour  by  yesterday's  post,  but  was  IlhA 
much  emplovcd  m  removing  our  househokt| 
to  another  lodging  to  attend  to  any  things 
else/'  Now  I  beg  ^'our  attention  to  this.  be»| 
cause  you  will  sec  in  the  transactions  of  tbf 

}Jeople  in  convention  in  Edinbiffgh,  that  they 
ookcd  to  what  they  were  to  do" in  case  of  aj 
rebellion  as  wxll  a"J  any  other. 

"  If  either  you  in  England  or  we  in  Scoti 
land  shoidd  attempt  separately,  the  reforn 
which  we,  I  trust,  seek  to  obtain,  we  shouldi!^ 
by  so  doing,  only  exi^oso  our  weakness,  and 
manifest  our  ignorance  of    the    corruption 
which  opposes  our  important  undertaking  ^  if 
we  sougnt  only  the  extirpation  of  one  set  of 
interested  men  from  the  management  of  na- 
tional affair?,  that  place  might  be  given  to 


335] 


35  GEORGE  III. 


Trial  of  Thomas  Hardy 


[S9S 


another  set;  without  afTccting  the  vitals  ad- 
verse to  the  system  of  reform,  these  might  be 
easily  accomplished :  but  to  cut  up  deep  and 
wide  rooted  prejudices^  to  give  effectual  energy 
to  the  dictates  of  truth  in  favour  of  (lublic 
virtue  and  national  prosperity,  in  opposition  to 
self  and  all  its  interested  habits,  and  to  with- 
stand and  overawe  the  final  efforts  of  the 
powers  of  darkness,  is  the  work  of  the  whole, 
and  not  of  a  part ;  a  work  to  which  mankind 
till  thu  awful  period  were  never  adequate,  be- 
cause never  till  now  disposed  to  fraternize, 
not  merely  or  only,  I  trust,  firom  the  sense  of 
the  common  danger  to  which  we  are  exposed, 
but  firom  the  ennobling  principle  of  universal 
benevolence. 

'*  I  know  no  greater  service  that  I  can  do 
my  coiintrv,  than  to  promote  the  union  you 
so  wisely  desire :  and  I  am  happy  to  assure 
you,  that  I  have  hitherto  discovered  no  sen- 
timent in  our  association,  adverse  to  the  most 
intimate  and  brotherly  union  with  the  asso- 
ciations in  England. 

^  I  think  the  minds  of  all  must  in  the  na- 
ture of  things  be  now  turned  to  more  effectual 
vuans  of  reform.  Not  one  person  was  con- 
vinced of  the  necessity  of  it  oy  the  most  con- 
vincing arguments  of  reason,  together  with 
the  most  unequivocal  expressions  of  univen^ 
Jeaire.  What  then  is  to  be  hoped  for  from 
repetition  ?  I  am  only  afraid  that  the  bow  in 
England  against  reform  was  so  contracted, 
that  in  returning  it  may  break.  You  would 
willingly  learn,  jfou  say,  from  U9— I  own  that 
we  ought  to  be  forward  in  this :  we  have  at 
once  in  ^reat  wisdom  perfected  (mr  plan  of 
organization,  and  if  wc  were  in  the  same  in- 
dependent state  of  mind  as  the  people  of 
England,  we  would  be  able  to  take  the  lead 
— the  associations  with  you  are  no  more,  I 
fjjar — excuse  my  freedom — than  an  aristocracy 
for  the  good  of  the  people  :  they  are  indeed 
moderate,  firm,  and  virtuous,  and  better  can- 
not be;  but  we  arc  the  people  themselves, 
und  we  are  the  first  to  show  that  tJic  people 
can  both  judge  and  resolve,  if  undirected  by 
faction,  withJ)oth  wi^lom  and  moderation. 

'*  1  liuve  not  a  higher  wish  in  Uie  present 
exertions  for  reform  than  to  see  the  people 
universally  and  regularly  associated,  because 
I  am  persuaded  that  tlie  present  disastrous 
engagements  will  issue  in  ruin,  and  Uie  peo- 
ple must  then  provide  for  themselves;  and  it 
would  be  unhappy  when  we  should  be  ready 
to  act  with  unammity,  to  be  occupied  about 
urgaiiization,  without  which,  however,  anar- 
chy must  ensue — we  will  not  need  hut  to  be 
prepared  for  the  event—to  stand  still  and  see 
the  salvation  of  the  Lord — let  us  therefore 
take  the  hint  given  us  by  our  opposers ;  let 
us  begin  in  earnest  to  make  up  our  minds  re- 
lative to  the  extent  of  reform  which  we  ought 
to  seek,  be  prepared  to  justify  it,  and  to  con- 
trovert objections :  let  us  model  the  whole  in 
the  public  mind ;  let  us  provide  every  stake 
and  stay  of  the  tabernacle  which  we  would 
erect,  so  that  when  the  tabernacles  of  oppress 


bion  in  the  palaces  of  ambition  are  brokea 
down,  under  the  madness  and  folly  of  their 
supporters,  we  may  then,  without  anarchy 
and  all  dangerous  delay,  erect  at  once  our 
tabernacle  ot  righteousness,  and  may  the  Lord 
himself  be  in  it!" 

Gentlemen,  these  are  things  all  very  easy 
to  be  understood. 

^  How  hurtful  to  the  feelings  of  a  reflect- 
ing mind,  to  look  back  to  the  wretched  state 
in  which  the  Roman  monarchy,  enfeebled  ami 
broken  by  its  own  corruptions^ left  the  nations^ 
which  it  subjected,  like  sheep  without  a  shep- 
herd ;  they  soon  became  a  prey  to  every  in- 
vader, because  there  was  none  to  gather  and 
imite  them;  had  they,  foreseeing  the  evil, 
associated  for  mutual  defence,  no  robbi^ 
would  have  been  able  to  enslave  them  ;  ther 
would  have  given  laws  to  all  parties,  as  well 
as  to  themselves :  all  separate  colonies  and 
nations  would  have  sougnt  their  alliance :  but 
not  having  virtue  to  associate,  and  heal  the 
divisions,  and  root  out  the  selfish  spirit, 
which  ambition-fostering  governments  pro- 
cure to  their  subjects,  they  fell  under  oppres- 
sions, from  under  whose  iron  sceptre  they 
have  never  yet  been  able  to  deliver  them- 
selves. 
j  '<  We  may  suppose  an  event,  which  we 
i  deprecate;  nay,  should  we  not  be  prepared  for 
every  possible  issue  of  the  present  unprecedcnt- 
I  ed  divisions  of  mankind,  wc  have  a  right  to 
be  apprehensive  of  the  abilities  of  our  owhf 
I  managers,  who  are  so  afraid  to  depart  firom 
;  precedent,  that,  like  men  of  detail,  they  may 
I  be  inadequate  to  the  task  of  preserving  tlie 
I  vessel  frum  shipwreck,  now  grappling  witti 
\  danger  not  only  great,  but  new  and  uncom- 
.  mon.  If  the  present  ministry  fail,  who  after 
:  them  sliall  be  trusted  ?  It  requires  little  pe- 
netration to  sec  the  anarchy  and  discordr 
:  which  will  follow ;  it  will  be  such,  that  no* 
thing  short  of  a  general  union  among  the 
people  themselves,  will  be  able  to  heal :  nastA' 
therefore  to  associate,  at  least  to  be  ready  16 
associate;  if,  then,  such  a  broken  state  of 
tilings  should  take  place,  the  civil  broils  that 
would  necessarily  ensue,  would  soon  subsido' 
before  the  united  irresistible  voice  of  the 
whole.  Do  not,  I  entreat  you,  hebitatfr 
thinking  such  a  work  premature  as  yet,''— i 
this  is  writteu  in  May  179:i ; — ^  but  a  mordh^ 
and  thcsi  it  may  he  too  late;  a  malignant 
party  may  be  already  formed,  and  only 
waiting  for  the  halting  of  the  presmt  mana- 
gers; It  will  then  be  too  late  to  seek  to  sub- 
ject to  deliberation,  after  a  party  has  dared 
the  act  of  rebellion.  If  you  so  no  further 
than  se)>aratc  meetings  in  dinerent  towns, 
we  will  not  be  able  to  confide  in  your  con- 
fraternity, because  while  in  such  a  ^tate  yoa 
may  be  but  the  tools  sf  a  faciiun;  we  could 
have  all  confideiKe  and  unite  with  all  afico^ 
tion  in  o«e  assembltf  of  commisaUfntn  from  all 
countries  of  the  world.*' 

Gentlemen,  observe  that  expression ;  thia 
letter,  in  the  beginning  of  it,  speaking  wilk 


8S7]  Jot  High  Tretum.  A.  D.  1794.  [S38 


icfereDoe  to  the  ^vary  does  not  know  but  the 
paUces  of  ambition  may  be  all  overset ;  the 

Slars  will  tumble   with    their   supporters, 
ten  it  says,  *'  we  could  have  ull  confidence 
and  unite  with  all  affection  in  one  as&emUif  of 


at  that  time  was  a  member  of  the  society  or 
not,  but  two  members  are  brought  togetner, 
Mr.  Home  Tooke  and  a  person  of  the  name 
of  Yorkc,*  who,  you  will  find,  was  a  delegate 
to  the  convention  in  Scotland,  and  who  you 


commiuitmtrs  from  all  countries  of  the  worm  j  will  find  has  acted  a  considerable  part  in 
—if  we  knew  they  were  chosen  by  the  un-  ■  other  parts  of  this  country,  were  to  be  emt- 
biassed  voice  of  the  people,  because  they  I  ployed  in  preparing  that  address, 
would  come  up  with  the  same  disinterested  '  Upon  the  6th  ot  July  1793,  a  letter  having 
Tiews  and  desires  as  ourselves,  having  all  !  been  received  from  the  political  societies  at 
i^reed  to  a  common  centre  of  union  and  '  Norwich,  the  answer,  signed  by  the  prisoner 
interest ;  but  we  could  not  confide  in  fellow-  1  at  the  bar,  is  ^ven  in  these  terms  : 
citizens,  who  kept  aloof  from  such  union,  and  '  "  Fellow-citizens,  the  London  Correspond- 
would  not  previously  affiliate  in  one  graat  and  |  ing  Society  have  received,  and  read  with 
indivisible  tamilv  "  {  pleasure,  your  letter  of  the  25th  of  June ;  but 

Gentlemen,  I  have  before  tokl  you,  that  the  answer,  which  you  mention  to  have  been 
there  was  a  sociely  at  Birmingham.  Upon  .  made  to  our  three  Questions,  has  not  yet 
the  lOth  of  June  1793,  the  Loudon  Corres-  '  come  to  hand;  we  snail  be  glad  to  be  iii- 
pondinz  Society  writes  to  that  Society  in  formed  by  your  next  whether  it  was  ever  put 
these  terms :  *'  it  is  with  singular  satisfaction    in  the  post-ofiice. 

the  Committee  of  the  London  Corresponding  **  With  regard  to  the  questions  themselves. 
Society  received  your  letter ;  they  are  very  however  individuals  may  have  made  up  their 
glad  to  see  the  spirit  of  freedom  springing  up  minds  on  them,  the  public  seemed  most  to 
m  Birmingham,  and  the^  make  no  doubt  but  approve  the  mode  of  petitioning  parliament." 
that  the  zeal  of  your  Society  and  the  increase  Then  it  states  the  cflect  ot  the  petitions. 
of  your  nunilers  will  soon  do  away  the  "  Kxhorting  you  therefore  to  throw  aside  all 
sngma  thruuii  on  ^our  town  by  the  unjus-  unavailing  complaint,  we  wish  you  to  occupy 
tifiable  behavjuur  ol^a  Church  and  King  mob :  yourselves  in  instructing  the  people,  in  intro- 
we  are  entirely  of  ydur  opinion  with  regard  to  ducing  and  maintaining  order  and  regularity 
the  necessity  of'  a  fieneral  union,  and  we  be-  in  your  own  society,  ami  in  forming  a  junction 
Eeve,  as  you  do,  that  when  onre  the  country  witli  all  others  associated  for  the  same  pur- 
fihall  have  so  united,**— what  then?  **  the  pose  throughout  the  nation,  by  keeping  up  a 
J^eroes  of  the  day  will  be  forced  to  yield  to  constant  correspondence  with  them ;  but, 
the  juU  demand  of  a  long  and  sure  oppressed  ,  above  all,  orderly  and  courageously  preparing 
ftnle. "  I  yourself  for  the  tveiU,*- — now  mark  the  event, — 

Gentlemen,  the  political  societies  at  Nor-  i ''  for,  as  it  is  natural  to  suppose  that  those,  who 
vicb  alAO  write  to  the  I^ndon  Corresivonding  ;  now  prey  on  the  public,  will  not  villinsily  field 
Society  with  respect  to  this  C'onvention  upon  '</'  their  enjoyments,  nor  repossess  us  oj  our 
the  9oth  of  June  179;^  in  which  they  say,  rights  without  a  struggle,  which  by  their  be» 
"  we  also  received  your  friendly  letter  prior  huviour  in  Ireland^'* — that  alludes  to  the  bill 
to4hat  wherein  you  stated  three  propositions:  :  in  Ireland  to  prevent  a  convention,— "  iw 
first,  a  petition  to  his  majesty,  or  to  parlia-  have  some  reason  to  think  they  arc  meditating^ 
ment,  or  a  national  convention;  and  ordered  and  perhaps  may  intend  to  effect  by  meam  cf 
oneof  our  committee  to  answer  it;  should  be  those  zery  foreign  mercenaries,  who  are  now 
§lad  if  you  will  inform  me  whether  it  was  paid  by  the  sweat  of  our  brow,  and  zchi-m,  under 
attended  to.  I  gave  my  opinion  on  the  sub-  .  some  plausible  pretence,  it  would  be  no  difficult 
ject  to  the  Constitutional  society  of  London,  matter  to  land  on  our  shore  :  it  may  be  more  ad- 
and  found  their  ideas  congenial  to  my  own,''  vantageous  to  humanity  to  show  them  at  JirU 
—that  alludes  to  the  letter  they  wrote  hiin, —  ;  that  their  opponents  arc  neither  mob  nor  rabbUf 
*  viz.  an  address  to  the  king — futile ;  a  peti-  ;  but  an  indignant  oppressed  people,  in  whom  is 
tion  to  parliament  (as  a  conquered  people)-*  ,  not  yet  entirely  extinct  the  valour  of  their  fore- 
tolerable;  a  national  convention  (if  circum-  fathers,^' 
slanccs  admitted),  best  of  all.'*  I      (Gentlemen,  in  a  letter  to  Hertford,  which  is 

Gentlemen,  you  will  find  that,  upon  the  |  written  by  the  same  Corresponding  Society, 
S8th  of  June  1793,  whilst  these  societies  ;  upon  the  3 1st  of  July  1793,  and  wliich  Society 
were  holdinz  so  much  correspondence  with  i  at  Hertford  had  desired  to  kno\v  tlieir  princi- 
respect  to  this  national  convention,  as  the  pies,  they  stale  tlienisclvcs  in  the  same 
only  effectual  means,  it  was  thought  an  ad-  >  manner ;— "  We  receive  with  i»ieasure  your 
dress  to  the  nation  should  be  prepared  :  that  i  assurance  uf  co-o])eratin(;;  witli  us  for  a  retbrm 
is  not  immaterial,  because  you  will  find  after-  |  in  parliament,  an  object  to  which  all  our 
wards,  that  the  project  of  a  national  conven-  I  endeavours  tend,  and  on  which  our  hearts  are 
tion  in  Scotland  was  thought  by  many  of  the  { invariably  fixed ;  but  as  your  declaration  that 
members  ot  it,  and  many  of  the  members  of  you  will  not  pledge  yourselves  to  demand 
those  bodies,  to  have  failed  for  want  of  such  universal  suffrage  and  annual  parliaments,  ia 
a  pevious  address  to  the  nation ;  and  upon  followed  by  no  specific  plan  of  reform  of  your 
this  occaiioii  two  gentlemen  are  brought 
togetbery  I  do  not  know  whether  one  of  them 

VOL.  XXIV. 


*  See  his  Uial,  4.  n.  1796^  infri. 


55  GEORGE  U!. 

bwii»  wc  are  under  some  difficulty  h6w  to 
coDcJude  ;  perhaps,  as  ttrangerSf  you  write  to 
fit  mth  that  prudent  re$ert€  which  is  some- 
times  necessary,  nnd  thai  idea  receives  strengtii 
from  your  appearing  afterwards  convinced 
that  the  common  object  of  the  two  societies  is 
the  same,  which  W(i  readily  admit ;  but,  as 
mutual  confidence  is  the  basis  of  union,  and 
Ibc  only  rational  pledge  and  support  for  co- 
operative exertion,  we  trust  your  next  will  do 
kway  every  difficulty. 

"  With  respect  to  universal  sufiiuge  and 

n   r     '     irfiaments,  a  mature  convictioD  of 

i  I  e  and  necessity  for  the  preservation 

oi  jujiiiv  and  prosperity  to  the  great  body  of 

the  people^  and  for  securing  the  independence 

^  parliinent,  was  our  primary  inttnrement 

'MMldbte.    We  therefore  candidly  assure 

VVttt  these  our  principles,  as  already  an- 

]  nounccd  to  the  public^  remain  immutable^ 

Unconnected  with  any  party  whatever :  we  can 

insider  no  reform  radical,  but  such  as  will 

tSitabVe  cver>'  indiiridual  of  the  community  to 

[  enjoy  the  advantages  thereof  equally  with  our- 

wves ;    fur,  if  ignorance  of  the   nature  of 

emmcnt,  or  the  merits  of  the  candidates, 

I  argument  against  universal  suffrage,  as 

opponents  pretend,    llic    same    reasons 

l^ould  equally  incapacitate  a  great  majority 

rlif  those  who  now  enjoy  that  pnvilc£;e,  to  the 

["^xchision    of  very  many  thousands,    much 

I  l>cttcr  informed  tbnn  themselves ;  not  to  men- 

Ition  tluit,  under  a  more  equalized  mode  of 

iovcrnmeot,  the  people  would  be  at  once  in- 
^  uced  and  cmpowcfca  to  improve  themselves 
useful  knowledge.  In  a  word,  we  know 
f  principle,  consist4*nt  with  justice  or  reason, 
|%y  which  we  could  exclude  conscientiously 
[ft'  <  the  community  from  an  equality 

]  c  ;iid  privileges,  which  eve^  member 

161  i^LKJciy^  as  he  contributes  to  its  support, 
light  equally  to  enjoy. 
•*  With  respect  to  annual  parliaments,  we 
^ill  just  remark,  that  good  members  may  be 
fr-^i.  ...1  whilst  twelve  months  we  think 
^  lent  for  the  welfare  of  millions  to 

J       ,,..  .^1  the  mercy  of  a  bad  representative, 
lliivin^  thus  imeqm vocally  stated  our  princi- 

Iih-^j  wc  shall  conclude  by  observing,  that  the 
ui\  just  passed  in  Ireland  is  of  a  natui-e  to 
awaken  the  jealou.sy  of  every  friend  to  freedom 
lind  huraaruty — will  render  every  exertion 
Justifiable,  sliould  a  similar  attack  upon  con- 
•litutional  freedom  be  attempted  here." 
In  October  1793,   th<5  Scotch  Corrvcnlion 

1 r        ,",'■,'.;,  1  *,  ■  ,    i*'    r  1; .  [leard 

:jata 
l^'.  ',ur,« 

to     I  who 

V  .  Muuki  ,iiju  i  .iunds 

•  i'l,  by  the  London 

(  iM      flYtrnnrfTcriary 

ii  ..iteJ, 

a*   '   '.   '  i    '■  '  —•.•-,   the 

atjlity  and  pfopnetj  i;  delegates  to 

:3,p.T7r, 


Trhlo/TltQmat  Ilard^ 


[540 


a  convention  of  delegates  of  the  different 
societies  in  Great  Britain,  at  Ediobtirfh,  for 
purpose  of  obtamti^  a   p&rliarnentary 


the 
reform. 

Upon  the  ^Blh  of  October  1793,  tliH  socirty 
came  to  a  resolution  to  send  delegates  to  that 
conventiori,  and  the  two  persons  eiected  were 
Mr,  Sinclair  and  Mr,  Yorkc ;  and  perhaps  oiie 
cannot  state  a  more  striking  instance  of  the 
extraordinary^  power  of  a  small  society*  affi. 
lialiog  iisell  with  societies,  spread  all  ovcrtlic 
whole  kingdom,  than  by  stating  thai  SincHir, 
who  was  deputed  from  this  society,  meeiihg 
with  tAher  clele^ates  in  Scotland,  had  no  dJ^ 
culty  of  assuming  with  others  the  title  of  a 
delegate  to  the  British  Convention — lt>  assert 
their  right  to  do  acts  in  contradiction  to  the 
legislature — than  by  telling  you  tliat  tht> 
Yorkc  and  Sinclair  were  deputed  from  thi» 
society  by  3  poll,  in  which  he,  whu  had  the 
majonty,  had  seventeen  votes  only;  Mr. 
Yorke  and  Mr.  Sinclair  are  accordingly  sent 
down,  and  they  go  with  all  the  delegation  ol' 
the  power  of  the  people^  which  this  Constitu- 
tional Society,  thus  aflilialed,  could  glrc 
them,  and  what  they  thought  it  v,  :  viH 

see  presently, — ^The  Ijonaon  €«  ng 

Society  was  not  to  be  backward  hi  lormmg 
this  Convention  in  Scotland— and,  aceor- 
d'mgly,  you  will  sec  in  the  evidence,  whicb  % 
have  to  stale  to  you,  a  considerable  deal  of 
contrivance  on  l!ie  part  of  the  prisoner  at  tlie 
bar,  in  order  to  bring  about  that  convmtioa 
in  Scotland;  for,  eeutlenicn.  hr  wril/'s  % 
letter  to  the  Norwich  Const)  *>', 

which  deserves  your  very  Tr<  ,11, 

in  which  he  expresses  himself  tiiUi»—  "^  W^ 
have  to  acknowledge,  at  once,  your  (Hvmtrs  «cf 
the  3rd  of  September  and  1 4th  instant; 
rnullipUcitv  of  birsiness  prevented  my  answer- 
ing your  first,  but  will  nowinforn'  'lat 
the  S|»irit,  shown  in  it,  gave  great  la 
to  our  society  at  large.  The  rejoicm^^  mjt  ih© 
capture  of  Valenciennes  were  not  con£ned  t6 
Norwich  alone :  the  ignorant  every  ^'  ^*' "^^  Hj^e 
throughout  tlie  nation  betrayed  Ih  I* 
hty  on  the  occasion — the  taking  14  ^  1  ,.ti, 
the  slaughtering  of  thousjinds  of  human 
beings,  the  laying  waste  whole  provinces,  or 
the  enslaving  a  nation  (however  great  tfih 
they  may  be),  can  only  retard  for  a  $ma!l 
space  of  time  the  progress  of  tnnh  afid 
reason.  Be  not  disheartened  therefore ;  punwt 
your  plan,  instruct  mni  m- 
tionaliy  set  your  faces  a.:  - ; 
be  assured  tliat  many  are  our  t!/  iq 
only  wait  a  favoixrttble  opportttnit ,  if 
join  us,  while  our  cnem--  h-  > 
feebled  themselves  and  r 
arbitrary  exertions;  dtsi-,*,.*.*  *.  .,»  a,  <<i^^ 
gasp— one  or  two  campaigns  more  will  leflHH 
minate  its  eicthtpncc.                                          ^^1 

**  We  10  fipc  that  you  hrg^'tO 

ra«kc  a  c   of  fJck«^.tt!on :   niitm 

bodies  01  1- 

vened  en  .  ,       ,    ^ 

the  befttf  aud  ludt^cd  liit^  ouly  wa^  la  vlrbAiQ 


34U 


fw  High  Trtastrii, 


A.  D.  I'm. 


[348 


lite  giiflcraJ  ofimi on .  Scot  lund^  impro vi ng  o q 
U19  id^N^  bsve  not  only  fKmmooed  their  owo 
deletes,  but  also  iuvite  those  o(  every  other 
iocactv  lo  altt-nd  a  kind  of  amvention"  (as  if 
M^  lufdy  knew  nothing  about  it),  **  which  is 
Ib  lie  hfcid  at  Edintjiif gh  on  the  2t)th  instant 
•*|lie  cudcocd  paper^  vfhkh  t,  previous  to 
ikm  commyiiicatiDz  >otjr  letter  to  our  com- 
(wlii-'^  -:^'  Tiieet  only  lo-morrow)» 
i»  to  you,  will  show  you 
_-  .kiiludedio  thegeiural  in- 
dclcgytcri  ti»  that  meetings 
vnii  tu  do.  if  you  pos!>ibty 
■  'tir  society  will  not  miss 
.\\g  I  lie  same." 
I  that,  upon  the  5lh  of 
,  who  wrote  this  letter 
•u'  rote  to  Skirving  in  tliis  way 

L'  I  peruse  your  favour  of  the 
Sad  m^tiiit,  but»  as  yet»  have  seen  nor  heard 
of  the  two  co|»i<*!i  of  Mr.  Muir^s* 
Ls  being  aeni  to  the 
kiQd  enough,  nol- 
^j^cuUeinan  thanks 
id  aasiue  him  that 
*.»i.i  '  ^  ''v '»^ T  to  free- 

mrli  that  oiir 

!»»>,  I  J  ;-^sors  of 

Will  or  afraid  of 

th*  I  v_     i  c  inta  ciecu- 

■'The  Geofral  Couvrntion^  which  you  roea- 


ntkc  h&tt 

fiMMi  lo  tend 

cui;  t 
libaofi 

Kow  yon 


Imlf 


wttbau 
fir  hi. 


11.     -'       '^""^^ 
llliBA^efy  « 

ifkimli^  iO   cur    A 

Hi  MM  a  di  I 


4  (to  wboni  alone 
.  letter}  and  myself 
uic^ihure,  and  as  tuch^  I 
ifiiJif,  to  ctnnmuukate  U 
rtut  unjf  ma^i  men" 
to  me  pnwiUefy — 
liould  require  us 
mectio!^,  I  have 
M,i.i.>  >>i.Hid>  witit  picsisurc, 
lun ;  and  I  aiu  ptr^uadt:d  it 
puud.— Hur  Irtvdom^  as  you 
depend»i  eutircly  upon  our- 
1;  mod  vfioD  our  av;idui^  ourselves  of 
tiiili^portiinityy  whicli^  oticc  lost,  nmy  not  be 
|9f0vered  »o  »ooo.  I  am  glad  to  diMiover  by 
Mf  iMCtfOotiv  tiiat  I  was  by  no  ways  mis- 
mIm  Ifi  th*i  nijE^h  opinion  I  always  had  of 
M  Dsn  a  title  may  be  a  bar 

t0  4bib.r  lisiu,  but  it  seems  he 

Itai*  rvjii        I      Mo  t'6  an  iuHuperable  one. 

**  i     1  ,11-  :;-^«t;  ills  true,  that  we  have 
kM  Mioibcs  gciACfml  nu  r  t  -  ..  1    .  i.      i.^^^ 

%4)Mia0Maiid  BuJM  ss 

ioteuOgV)'^'-    '""^''  >,..,,.,  ^.,,.  ..^,ccd 

tdNfltfefitr  l  rcvisul,  the  sc.id 

f  kdm J  •  i  1 1-nalui  t'd  than 

iguagc^than 
>  li€iLjg  too 
itton  of 
itd  ano- 
^^iUf  and  relating 
you  have  a  copy 


_,  Hie  Ci>:i 
tMf  |&  the  ««r 


of  It;  %ut  you  was  II  ^iwaa 

told  we  passed  any  r'  itmg^ 

for  we  only  came  to  uue,  and  it  ml  lalher  of  1 
private  nature,  namely,  thut  the  conduct  c 
sir  James  Sanderson,  in  pi  ^  the  mee 

ingof  the  Loudon  Corrv  society, 

the  Ulobe  tavern,  Fleet  sircclj  was  of  sucfc 
a  nature  tjs  to  plate  him  below  our  censure." 

Gentlemen,  the  London  Constitutional  f 
ciety  ^ve  their  dclegitles,  Mr.  Yorke  and  Mn 
Sinclair,  certain  instructions:    and  I   ougb' 
here  to  teli  you,  by  way  of  explaining  th 
effect  of  what  1  am   now  to  state,  thai  th 
manner  of  keeping  the  books  of  llie  Londo 
CoustilulioniU  Society, as  I  understand  it,  wa 
this — The  resolutions,  ra;ide  upon  one  nigh'^ 
were  taken  upon  loose  minutes,  either  by  tbt 
secretary,  or  by  other  persons,  who  acted  in  hir 
absence,  or  in  his  presence,  when  he  was  noL 
doino^that  duty  himself:  tbey  were  entered, b<»f] 
fore  the  subsequent  night  of  meeting,  rcgularlj 
in  the  book,  and  the  tirst  thing  done  upon  th^ 
subsequent  night  of  meeting  w*aslo  read  thfl 
resolutions  which  wene  made  upon  the  forracy] 
night,  and  to  see  that  they  were  correct :  no^pjl 
it  will  naturally  occur  that  the  minutes  ma/j 
explain  the  book,  and  the  book  may  explaia 
the  mmntes :  now,  when  tliey  come  to  dran 
llic  minutes,  which  you  wdl  have  for  the  in<«J 
strijction  of  their  dele^tcsata  conventional 
which  was  to  be  held  m  Scotland,  the  6rs|| 
idea  was,  to  instruct  those  delegates'to  petition 
parliamcnl;  but  they  seem  lo  liave  recoLlcctedi 
thai  that  was  a  measure,  which  had  beefij 
abandoned  some  months  before  by  all  the  so 
cieticB  with  whom  they  were  affiliated  :  they  1 
therefore  struck  out  of  their  minutes  the  pur*  1 
pose  of  applying  to  parliament,  and  they  ^endJ 
instructions  in  these  words  t  *  J 

*^  The  delegates  are  instructed,  on  the  parb 
of  the  society,  to  assist  m  bringing  forwanll 
and  supporting  any  coublituiional  measures  J 
for  procuring  a  real  representation  of  the  ] 
Commons  of  Great  Britain  in  parliament— J I 
that,  in  specifying  the  redress  lo  be  demanded] 
of  existing  abuses,  the  delegates  ought  nevc^l 
to  lose  sight  of  the  two  essential  principles^  j 
general  suffrage  and  annual  representation^] 
together   with   tlie  unalienable  right  in  thai 

1>eople  to  reform,  and  that  a  reasonable  and  , 
mown  compensation  ought  to  be  made  to<  | 
t  b  f  t  utatives  of  the  nation  by  a  national  ^ 

'  rj,"    What  they  meant  by  the  re*  ^ 

pf  I  tz  nituti't^i  of  the  nation,  after  what  I  havo  | 
already  read  to  you,  1  think  you  cannot  pos*  | 
sibly  mistake^ 

The   London    Corresponding    Society    ar^( 
somewhat  boJder  in  the  instructions,  which 
they  send  with  their  delegates  lo  the  conven-i  ^ 
lion  in  Scotland  :  yoti  will  bud  these  instruc*  | 
t ions  are  to  the  folio win|t  eflTccl;— By  article 
the  1st,  the  delegnte  h  instnicted  "  thai  h«r  j 

the  ..^ 
versa! 


S4S]         35  GEORGE  HI. 

sentatives  in  parliament  ought  to  be  paid  by 
their  com titucDts. 

"  7th.  That  it  is  the  duty  of  the  people" 
— •nowy  gentlemen,  I  beg  your  attention  to 
this ;  it  18  U)e  principle,  upon  which  the  con- 
vention in  Scotland  was  formed,  and  upon 
which  it  acted :  ''  That  it  is  the  duty  of  the 
people  to  resist  any  act  of  parliament,  repug- 
nant to  the  original  principles  of  the  constitu- 
tion, as  would  DO  every  attempt  to  prohibit 
associations  for  the  purpose  of  reform." 
-  Gentlemen,  there  is  no  government  in  this 
country,  if  this  principle  is  to  be  acted  upon, 
because  nobody  can  tell  to  what  extent  it  will 

§0 ;  and  accordingly  ^ou  will  see  that  these 
elegates,  who  went  into  Scotland,  with  this 
authority  in  their  hands,  carried  the  autho- 
rity far  beyond  the  resistance,  which  they 
were  authorized  to  make  according  to  the 
principles  here  laid  down,  and  they  state  a 
great  variety  of  cases,  all  approved  afterwards 
both  by  the  London  Corresponding,  and  the 
Constitutional  Society,  in  which  Uie  people, 
and  the  convention  of  the  people,  were  to  re- 
sist parliament. 

Gentlemen,  these  societies  having  sent  de- 
kgates  to  the  convention  in  Scotland,  I  pro- 
fit now  to  state  that  the  acts  of  that  con- 
vention, to  the  extent  at  least  to  which  the 
delegates  from  this  country  were  authorized  to 
act.  are  evidence  against  those  who  sent  them 
and  therefore  against  the  persons  here  in- 
dicted. But  fartlier,  they  communicated  to 
the  societies  here,  particularly  to  the  prisoner 
at  the  bar,  their  acts ;  and  the  societies  here, 
in  distinct  resolutions,  acting  upon  considera- 
tion, approved  their  whole  conduct :  they 
therefore  made  that  conduct  of  their  delegates 
in  the  convention  in  Scotland,  whether  it  was 
apecable  to  the  original  authority  which  was 
pven  them,  or  not,  their  own ;  they  adopted 
U  by  giving  it  their  subsequent  approbation. 

Gentlemen,  you  will  find,  first  of  all,  that 
Uiey  received  a  letter  from  the  Sheffield  So- 
ciety, affiliating  with  them,  in  which  it  was 
proposed  to  determine  like  Knglishmen. 

After  receiving  a  great  deal  of  other  corres- 
pondence, which  I  will  not  trouble  you  with 
reading,  the  societies  here  prepare  to  send  de- 
legates to  Scotland.  Mr.  Skirving  sent  a  cir- 
cular letter  upon  the  arrival  of  the  English  de- 
legates to  the  delegates  of  all  the  associations 
in  Scotland,  which  were  extremely  numerous, 
and  very  widely  extended ;  and  1  think  the 
delegates  of  these  dift'erent  societies  came  to- 
gether to  the  number  of  one  hundred  and 
eighty.    After  sitting  some  time,  Mr.  Mar- 

SJTot,  you  will  find,  who  was  the  delegate  of 
e  London  Corres^vondine  Society,  represents 
to  the  hody  there  met — *•  That  the  societies  in 
London  were  very  numerous,  though  some- 
times iluctuating ;  that  in  some  part  of  Eng- 
land whole  towns  are  reformers:  that  in  Shef- 
field suod  the  environs  there  are  fifty  thousand ; 
that  in  Norwich  there  are  thirty  societies  in 
one :  thai  if  they  could  set  a  convention  of 
j£nglaii4  and  Scotlaodcialedy  they  might  re- 


Trfal  of  Thomai  Hardy 


[Ml 


present  six  or  seven  hundred  thousand  males, 
which  is  a  majority  of  all  the  adults  in  the 
kingdom  .'^ 

You  will  find  Mr.  Margarot  moves,  that, 
previous  to  publishing  an  address  to  the  public 
a  committee  should  m  appointed  to  consider 
the  means,  and  draw  up  a  plan  of  general 
imion  and  co-operation — ^between  what^  Not 
between  any  societies  in  the  two  nations,  but 
a  plan  of  general  union  and  co-operation 
between  the  two  natiom.  In  their  constitutional 
pursuit  of  a  theory  of  parliamentary  re- 
form, thev  style.themsclves  a  convention,  and 
this,  gentlemen,*  is  extremely  material  tor  you 
to  attend  to ;  they  style  themselves,  ^  The 
British  Convention  of  the  delegates  of  the 
people  associated  to  obtain  universal  suffirage 
and  annual  parliaments.''  Then  I  alk  what 
is  a  convention  of  the  people  according  to 
these  societies  ?  Accordmg  to  the  proceed- 
ings in  Scotland,  a  convention  of  the  people  is 
a  convention  of  the  delegates  from  tnese  so- 
cieties in  England  and  Scotland. 

They  assert  that  the  people  have  in  them  all 
civil  and  political  autnority;  and  they,  re- 
peatedly, again  and  again,  from  the  moment 
that  this  convention  was  formed  in  Scotland 
to  the  moment  of  its  dispersion,  more  especi- 
ally at  the  time  of  its  dispersion,  more  espe- 
cially still  from  the  time  of  its  dispersion  till 
the  time  of  a  meeting  on  the  '^oth  of  January, 
at  the  Globe  tavern;  and  on  the  27th  of 
March,  when  another  convention  was  pro- 
posed, as  I  stated  at  the  outset,  they  repeat- 
edly and  in  the  most  pressing  terms  state  that 
now  or  never  was  the  time,  when  the  people 
were  to  meet,  when  they  were  to  act  by  their 
own  force,  when  they  were  courageously  to 
prepare  themselves  for  the  event,  and  to  show 
those  whom  they  called  their  oppressors  and 
plunderers,  th:it  they  were  a  brave  people,  in 
wliom  valour  wa>  not  extinct. 

Having  thus  met  together,  upon  the  princi- 
ples of  the  French  system,  which  took  place 
on  the  10th  of  August  179^,  they  proceed  di- 
rectly to  the  French  prucliccs,  which  look 
place  then  in  the  National  Assciuhly  of  France, 
took  place  then  because  the  people  of  Framed 
were  understood  to  be  reprcscnied  by  a  conven- 
tion ;  these  delegates  taking  upon  theiQselves 
also  to  he  a  convention  ot  the  jpeople,  they 
instituted  Prmury  Societiesy  they  divided  the 
country  \r\X.o  departments^  they  appointed  pro- 
vincittl  auembUen,  they  have  Committees  of 
Union f  they  i\\B.nk\uT  patriotic  donations^  Xhey 
auumc  an  epoch,  they  appoint  a  Secret  Cam" 
mittee  to  he  called  together  upon  extraordi- 
nary emergencies;  and  upon  the  2ttth  of  No- 
vember 1793,  they  come  to  a  f^sohition,  to 
which  1  must  beg  your  most  serious  attention. 

Gentlemen  of  the  jury,  you  will  remember 
that  they  went  with  authorities,  which  stated 
to  them  that  it  was  the  duty  of  the  people, 
which  |)eople  they  had  taken  upon  thcmseivesi 
to  represent,  to  resist  any  act  of  parliament, 
that  should  be  made  for  a  particular  purpose. 
It  is  hardly,  I  think,  U>  be  contended,  thai  the 


S45] 


for  High  Treason. 


great  bulk  of  the   people  of  this  country, 
happy  in  their  political  existence,  as  undoubt- 
edly they  are,  remaining  happy  in  their  po- 
litical existence,    because  they  do  not  feel 
^cvanccs  (till  they  are  taught  by  malignant 
industry  to  believe  that  they  exist),  I  mean  to 
ciich  a  degree  as  to  call  fur  measures  of  this 
sort,  could  believe  that  the  legislature  of  the 
country,  doing  justice  to  tlie  subjects,  whom 
it  is  l>ound  to  protect,  would  permit  a  proceed-  ' 
iDg  of  this  kind  to  go  on — yet,  gentlemen, 
confidine  so  much  as  these  persons  did  in  the 
supposed  state  of  their  number  in  that  coun- 
try, and  of  those  who  were  to  be  connected 
irhh  tliem  in  this,  you  will  find  that,  upon  the 
S8th  of  November  1793,  one  of  the  persons 
belonging  to  that  convention,  citizen  Sinclair, 
I  think,  the  members  all  standing  up  upon 
their  feet,  for  the  greater  solemnity  of  the 
thing,  proposes  this  resolution — **  Resolved 
that  the  following  declaration  and  resolutions  , 
be  inserted  at  the  end  of  our  minutes—"  That 
this  convention*' — now  if  it  be  possible  to  say  ; 
that  any  convention  means  to  act  as  a  con-  j 
vention  of  the  people,  it  is  that  which  sets  it- 
self above  the  legislature  in  the  act  it  is  doing 
»-"  that  this  convention,  considering  the  ca- 
lamitous consequences  of  any  act  ol  the  le- 
gislature, which  may    tend   to    deprive  the  | 
whole  or  any  part  of  the  people  of  their  un- 1 
doubted  right  to  meet,  cither  by  themselves  ! 
or  by  delegation,  to  discuss  any  matter  re-  ; 
ktive  to  their  common  interest,  whether  of  a  ! 
public  or  private  nature,  and  holding  the  same  { 
to  be  totally  inconsistent  with  the  first  prin- 1 
dples  and  safety  of  society,  and  also  subver- 
sive of  our  known  and  acknowledged  consti- 
tutional liberties." — 

Gentlemen,  permit  me  to  call  your  atten- 
tion to  this,  that  this  declaration,  in  its  prin- 
ciples, follows  the  instructions  that  they  had 
received,  that,  if  any  attempt  was  made  to  | 
bring  in  a  convention  bill,  they  were  then  to  ' 
do  so  and  so.    They  then  proceed  thus — •*  do  I 
declare  before  God  and  the  world,  that  we  I 
shall  follow  the  wholesome  example  of  former 
times,  by  piiying  no  regard  to  any  act,  vihich 
shall  militate  against  the  constitution  of  our 
country*'— That  is  saying,  that  the  will  of  the 
legislature  is  not  a  better  judge  of  what  is  an 
act  against  the  constitnlion  of  the  country, ' 
than  the  affiliated  clubs  at  Kdinburgh — **  and  > 
shall  coiitiiuie  to  assemble  and  consider  of  the 
best  means  by  which  we  can  accomplish  a 
real  reprebentation  of  the  people,"  is  that  a 
parliament  r— "  and  annual  ch^ction,  until" — 
what  ? — **  until  compelled  to  desist  by  superior 
force. 

"  And  wc  do  resolve  that  the  first  notice 
given" — The  hrst  notice — parliament  is  not 
even  to  discuss  the  thing ;  but,  if  an  intima- 
tion of  it  is  made  in  parliament — "  That  the 
firbt  notice  given  for  the  introduction  of  a  con- 
vention bill,  or  any  bill  of  a  similar  tendency  to 
that  passed  in  Ireland  in  the  last  session  of  their 
parliaineDt,  or  any  bill  for  the  suspension  of 
ibe  Uabeas  Corpus  act^  or  the  act  for  prevent- 


A.  D.  179*.  [346 

ing  wrongous  imprisonment  and  against  un- 
due delays  in  trials  in  North  Britun,  or  in 
case  of  an  invasion** 

Gentlemen,  I  call  back  to  your  recollection 
the  letter  of  Skirving— I  call  back  to  your 
recollection  not  only  the  letter  of  Skirving, 
but  that  the  troops  of  liberty  were  promised 
to  be  sent  with  bayonets  and  pikes  from  tlut 
country,  which  at  this  moment  was  likely  to 
invade  us — ^*'  or  the  admission  of  any  foreign 
troops  whatsoever,  into  Great  Britain  or  Ire- 
land**— If  the  parliament  of  this  country,  for 
the  purpose  of  protecting  itself  against  that 
foreign  invasion,  had  brought  these  foreign 
troops  into  Great  Britain  or  Ireland,  not 
being  the  troops  of  a  nation  with  which  we 
were  at  war,  thu  convention  of  the  people  was  to 
act  upon  the  introduction  of  such  foreign  troops 
in  the  same  manner  as  they  would  act  in  case 
of  an  invasion  by  xhose  who  were  at  war  with 
us — What  is  the  construction  that  follows 
upon  that  ? — that,  even  if  foreign  troops,  to 
meet  the  exigence  of  an  invasion,  were  intro- 
duced— what  then  ? — "  all  or  any  one  of  these 
calamitous  circumstances" — why  calamitotis^ 
they  might  be  necessary  for  the  very  existence 
of  the  country — ''  shall  be  a  signal  to  the 
several  delegates  to  repair  to  such  place  as 
the  secret  committee  of  this  convention  shall 
appoint,  and  the  first  seven  members  shall 
have  power" — to  do  what  ? — to  do  that  ex- 
actly, which  a  national  convention  in  France 
would  do — •*  to  declare  the  sittings  perma- 
nent'*— why  ?  Because  the  duly  constituted 
legislature  of  the  country  had  aared,  not  to 
do  an  act,  but  to  entertain  a  deliberation  upon 
doing  an  act— the  first  notice  was  to  call  toge- 
ther this  convention,  and  being  called  together, 
their  sittings  were  to  be  permanent. 

Gentlemen,  are  the  parties  to  this  conven- 
tion in  Scotland  such  men,  as  would  think  of 
bringing  themselves  together  to  declare  their 
sittings  permanent  upon  such  a  ground  as 
thry  state  here,  namely,  the  legislature  of  a 
great  country  acting  in  the  execution  of  the 
great  duties  which  belong  to  the  legislature 
of  that  country,  without  supposing,  by  that 
solemn  declaration,  that  they  could  make 
their  meeting  effectual  by  the  acts  which  were 
to  be  carried  on  for  the  purpose  of  preventing 
that  le(;islature  from  deliberating  upon  such 
duties }  By  what  acts  could  it  be  done  but  by 
exertions,  as  they  style  them,  in  the  manner 
of  their  forefathers,  by  force  ?  By  affiliated 
societies,  exerting  their  physical  strength, 
that  physical  exertion,  which  Mr.  Banow 
observes  is  to  be  preceded  or  precluded  by 
spreading  useful  knowledge,  ana  that  useful 
knowledge,  beinjr  that  which  is  to  beat  down 
the  existing  authority  of  King,  Lords,  and 
Commons. 

**  The  convention  therefore  resolve,  that 
each  delegate  immediately  on  his  return  home 
do  convene  his  constituents,  and  explain  to 
them  the  necessity  of  electing  a  dele^te  or 
delegates,  and  of  establbhing  a  fund  without 
delay,  against  any  of  these  emet^UDidn^ 


his  or  Uielr  expanse,  and  that  they  du  instriitt 
t}ie  said  delegate  or  delegsitcs  to  bold  tbem* 
delves  ready'* 

Gftntlcmen,  you  sec  what  they  expected 
ftttm  the  legislature — they  knew  that  what 
they  were  doiug  ought  to  provoke  the  legis- 
lature to  do  \^at  they  meant  to  forbid  the 
legislature  to  do :  and  they  instruct  their  de- 
legate or  delegates  to  hnld  themselves  ready 
-^**  to  depart  at  one  hour's  warning/*  Well 
might  Mr^  Skirving  say,  that  a  month's  dclay^ 
and  the  whoU  icaj  W  :  well  might  Mr,  Hardy 
ftay,  what  he  says  in  letters  f  shali  produce 
presently,  tliat  ii^ the  opportunity  is  lost  now. 
It  is  lost  for  ever — we  must  act  now,  or  we 
never  can.  Having  some  reason  tu  suppose 
that  this  convention  would  be  dispersed,  they 
lli«n  with  great  solemnity  come  to  another 
resolution : 

"  That  the  moment  of  any  illegal  disper- 
Slop  of  the  British  Convention  bhalT  be  consi- 
dered as  a  summons  to  the  delegate5  to  re* 
pair  to  the  place  of  meeting  appointed  lor 
the  convention  of  emergency  by  the  Secret 
Committee,  and  that  the  Secret  Committee 
i»c  instructed  without  delay  to  proceed  to  bx 
the  place  of  meeting/'  Gentlemen,  after 
these  re^olutiuui)  it  became  necessary  to  do  a 
little  more,  that  is^  to  declare  upon  what  prin> 
eiples  ibis  convention  existed.  Now  mark  the 
firuiriple^,  and  do  yonr  country  justice ;  apply 
Fo  much  of  lilt"  i^liM  iA;tiuinv  that  T  huve  TOadfe 
to  you,  as  a  to  what 

I  have   hel  ±ty  con 

nrxion  between  the  i  nd  practice  of 

M  r.  Pai ne,  ai*d  of  th<  ^ 

Gc4itlemen,  these^  pnut  iples  brought  toge^ 
ther  the  French  Convention — wliiit  is  ibe 
practice  then,  that  tlous  out  ut  tlie  pnnciple? 
Why,  it  is  the  assembling  of  a  cunvcntiou 
iipoQ  principles  obliging  it  to  sit  tor  tlie  pur- 
pose of  declaring  that  the  legislature  shall  do 
jiotbing  but  what  they  liked  :  that  is  to  all 
intents  and  purposes  a  National  Convention  ; 
if  not  a  convention  for  an  eternal  retbrni,  at 
least  a  convention,  that  prohibits  the  legiisl^- 
ture  to  do  any  thing  but  whrji^  i^i  "^rt^able  to 
ibem-    Then  having  met  u  .  Mtion  of 

the  practice^  they  proceed  u  iy  lu  the 

declaration  of  the  principle— hut  they  do  not 
proceed  to  a  declaration  of  the  principle,  till 
they  have  done  that  strong  and  solemn  act« 
which  I  have  staled :  then  they  resolve  **  that 
a  committee  be  appointed  to  dniw  up  a  decla- 
ration"— ^This  is  rnmcc  cx;u:tly*— It  is  the 
SkHJthw  ark  Society  in  179^— "  i  *  'lion 
ot  the  natural  imprescriptible  n  m^ 

and  that  the  fun  -  ^     '  -  '-      '  uudrcss 

to  the  people  of  <  a  com^ 

tnittee  of  observe  ii.ju,    i..  ,.  f,.t.-.. 

e^tctuating  the  purpose  tli 

Mod  that  they  tx)|^l  in  a  ]»Iii£t, 
%vh^b  M^^  €4U  Cmtentim  UaU^  uod^r  Uic 


name  of  the  Brkhh  Convention,  and  then  they 
arc  informed  tliat  the  London  Corr'^^r^^^'lm.; 
Society  would  undertake  to  be  that 
ot)observation,  which,  they  say.  on  :  t 

—and  then  you  will  find  thiir  lin  :ii,  tnhrrt 
meutioMed  that  they  had  thotr  atiil>  ut  inrir 
constituents  in  Ix^ndon,  SheflSeld,  Norwji;h, 
Leeds,  Sec.  and  that  the  convention  waa  to 
look  at  itself  as  iu  its  true  nature  a  CmnmiUt^ 
of  the  people— thai  therefore  it  was  necessary 
to  have,  as  they  have  in  France.  Primary 
Societia,  who  shall  be  consulted — in  othpr 
wordsp  that  this  committee  of  the  people  at 
Edinburgh,  which  was  to  overniie  the  legis- 
laliu'e,  was  itself  to  be  overruled  by  tht*e  Pri- 
tnary  SoiidUf^  these  primary  societies  them- 
selves being  overruleo  by  the  leaders  of  the 
great  clubs,  from  which  they  emanated,  and 
so  forming  in  this  country  a  govemraent, 
under  the  power  of  a  Jacobin  Club,  and  that 
government  destroying  the  present  eiistiDg 
legislature  of  the  kingdom* 

You  will  also  find  that,  before  these  persons 
parted,  Mr.  Margarot  communicated  to  hii 
constituents  the  proceedings  of  this  body, 
which  he  styles  always  the  Convcntian  nf  1A4 
PojpU  associated  to  obtain  annual  parli4.- 
ments  and  universal  suffrage.  There  drf  I  ^ 
ters  which  I  shall  lay  before  you,  wii' 
detailing  them,  stating  that  they  looked  14k 
to  the  "London  Corresponding  i*ociety»  and 
the  Society  for  Constitutional  Information — 
that  their  active  exertions  were  necessary  for 
tlie  accomplishing  the  projects,  which  they 
sitting  in  Edinburgh  wece  to  exeeute;  and 
•then  the  two  delegates  of  the  London  Correv 
ponding  Society  write  to  Mr.  Hardy,  as  the 
secretary  of  that  society,  an  account  of  their 
proceedings — they  give  him  an  aecount  ot' 
ti^at  solemn  mutton,  and  of  the  manner  of 
making  it,  which  I  have  just  been  detaihug 
to  >ou — they  state  to  him  that  they  bad  do* 
terimned  to  a^  ''  n  convention  in  r 
such  cate^  tbu  1  i  niment  of  the  i 

which  is  a  cjiLuui-^Jhce  I  beg  your  1 
serious  attention  to,  w^s  left  to  a  Sr«rr(  < 
mitiee;  but  then  they  send  to  him  ai 
count  of  tlic  motion/ informing  turn  n 
letter — that  *•  letlers  convey  but  very  in 
fectJy,  and  with  no  great  degree  of  t-Hfctv, 
what  we  might  wish  to  inform  each  other  ut  " 

Now  what  do  you  think  it  is  that  thev  do 
not  inform  him  of  in  tiiis  letter? — IIrv  ilu 
nut  inform  huu  in  thi»  letter,  t»eeause  hi 
will  not  convey  every  thing  safely— (At.j 
rorifc<  ("   of  tnvauou-^ 

thai  !  iK)t  be  irusttMl 

to     t)  I  (.    ;iUd     !;  '"^     "' 

exist  tifh  wasni 


t   Committee  Ijavin^  li^en  ufw 
uouitvd  iu  the  Scutch  V 
DcjQff  camiminkealed  to  i 
patiOlug  Hocic^  by  th^^  ^ui^^u^h  >^u  wtii 


UO]  J^r  High  Treason. 

\  .  the  (lelegntc 

t]  lY  to  tiie  St>- 

t:  ,h,  wiii  nol  bchmdhand  in  ihe 

t  it*  itt   he  commufucates  the 

y:  '  tlmt  a  secret  com- 

T;  iti  that  soctetv.    It 

usit  ihe  wisely  ex- 
1  iLicy  of  thai  country 

-^.v .  , , .  L , ,  The  dispersion  of 

Ukai  <  i,  which,  from  what  I  have 

btfore  L_._:  J  you,  was  coaceived  to  be  a 
body  limi  111 u St  thrn  do  its  work,  or  its  work 
ticve?  \yo\\\d  be  dunc»  Hiic:gvbted  to  ilic  socic- 
l  country  tlic  necessity  of  under- 

same  business,  of  undertaking  il 
hnicjird,  knowing  that  the  project 
thfn  \m  nccumjuiibed,  or  lljiil  it 
r  t  be  attempted— fur  that 

Ti  i  permit  «uch  a  conven- 

tion a-  '.I   i<    ]*     ■   ,uire  was 

wdl>  »  n' nieans 

t'^  — *  TL  mu  L^Mi^n|ijences  of 

I.  ;i  convention, 

V,-.  t'  ttierefore  find^  that, 

tfUr  t  r^ed,  and  after,  in 

«|li«<ji  L  L  _  ,  -ion,  some  of  them 
llAl  boTD  punched  m  ^^coihind,  by  sentences 
vfeleh  were  pronounced  upon  offences,  nol 
Utted  m  the  rrcordt>  of  that  court  tti  so  aggra- 
fited  a  Wiiy  ^^ainst  ihrm  tis  thry  mi.^ht,  in 

~~    hur.   '     ■  '  '   :it  It 

bt  ,      uia 

-  Ulccn  itumeduleJy  lu  pievt^ut  Uic  mischief 
«bkb  waa  meditated ;  ror  you  will  find,  in 
the  IS  vide  nee,  pru,  -  in  these  societies 

•Ikout  a  rcicuc,  iled;  but  you  will 

f'l '  '  **  -ir  toirt^juiHicucc  from  Scotland, 
a;  fTespondcncc  (f*nn  those  &hips  in 

r.  .,11:  .  w,,,>,[t  (Convention 
iftion  of  their 
t  mvilalions 
l»  <la  soum  lUry,  to 

btfb  foa^t:  uid,  the 

MRiC1|:>  '►^^t  uiicquivocLii  tiicli rations 

by  boti  -» that  thc*>e  htruii^  acts  must 

btiam*. 

GcntJemm,  ymi  will  find  tliat  before  ihcy 
kH  Scoilaoil,  upon  the  11th  of  December, 
ItW,  there  is  a  letter  from  Mr.  Marg^rot  to 
lln  Uftrd V  to  this  effet  f  '  '  ^  received  your 
IcQef  umi  remittance  and  shall  be 

||id  10  reed- '    -1  *^      suLti  ^vfiliout  delay- 
♦*  The  coil  '  'U  will  see  has  declared 

fNmiiftu^i'i,   .^icy  are   to  sit  in  some 
yut  of  Ihe  country,  which  is  not  yet 

GcotleiDr  '  nclair,  the  delegate  of 

llwCiOQidtLi  tcty,  came  lo  London. 

I  tm^  litlbf^  observed  lo  you,  from  a  letter 
9i  Goriild  *'  wisnA  Margarot,  that  there  were 
Mas  ibiiig^  that  could  not  safely  be  conveyed 
Inr  ktter.  Margtrol  writes  a  letter  from 
Aiiiburgh  to  lb'  I  he  says 

*^  II T  coll«tgu  [OSes  to 

kivie  tm  pUce  the  uucr  enn  ui  trus,  or  the 

f  3t»  la#  toH  viti^,  Vol*  Sd»  p*  8a:». 


A.  D.  ITOf. 


[350 


va»ci 


Hun,**  U*^     ii^ 

mn  bdbr c 


c;  of  the  next  week:  he  will  explain 
LU  you:  pray  send  him  money  for 
UiLs  joiirney.  Arc.  lie  is  now  gone  to  Perth 
on  very  urgent  business.  Since  Sintbir's 
departure  nothing  new  has  occuned,  except 
the  formation  of  a  society  somewhere  about 
the  Grampitin  Hills"' — this  shows  the  spirit 
of  fraternizatiun— **  they  have  already  made 
a  s?ub$cription  towanls  it  t  again  we  aic  m- 
terrupted,  and  likely  to  lose  the  post,  unless 
I  disputch  this  immediately," 

If  poll  the  2*td  of  December  1793,  another 
letter  is  written  to  Mr.  Hardy  bv  the  same 
gentleman,  which  probtibiy  led  m  some  de- 
gree, to  the  transactions  that  I  havtr  to  state 
as  having  passed  in  January  1794 ;  for,  aAer 
stating  what  had  happened  to  himself  itt 
Scotland,  he  says — *»  .ShetBeld  has  on  this 
occasion  exhibited  s,  most  manly  spirit*' — 
1  he  Shcflield  Society  Imd  at  that  time  sent 
out  some  excessively  strong  resolutions, 
which  I  shall  mvc  you  in  evidence  in  the 
course  of  lhu«  business — ^**  1  am  extremely 
mortified  to  hnd  so  great  adiO'-^'^f-n-^'  i^^^^—- f, 
them  auil  the  London  CorrtSf  ^  ; 

tt  IS  nut  however  too  late.  1^  i  .  _i,.e 
send  f'irth  some  very  strong  resolutions,  and 
above  all,  talk  of  impcachment5^  and  of 
petitioning  the  king  to  remove  from  their 
offices  those  persons  who  have  thus  violated 
the  laws  of  the  realm/' 

You  mil  find  from  a  letter  of  the  54th  of 
December,  that  Margarol,  a  delegate  of  the 
l>ondon  Society,  a  delegate  of  Norwich,  and 
a  Mr.  Brown,  who  was  the  delegate  ftxtm 
Shclhcld,  had  gone  to  attend  a  general  meet- 
ing of  the  Society  of  the  Friends  of  Freedom 
in  £ast  Lothian,  and  then  the  expression  is — 
"  The  time  «  come  that  b»c  muftt  show  our  selves 
worthy  vf  iifrertt/f  or  de$erv€tiiy  hie  it.  The 
opposition  of  our  adversaries  ts  demonstra- 
tion of  the  propriety  and  efficacy  of  the  means 
which  we  have  employed  to  obtain  it." 

Upon  the  97  th  oi^  December  1793, 
will  tind  Mr.  Margarot  states  that  Mr.  * 
Ttild  was  ^oe  to  Perth ;  that  he  himself  hi 
been  in  East  Lothian  ;  that  they  Irad  beeti^ 
well  employed;  that  they  must  send  out  spi 
rited  resolutions;  and  you  will  find,  thAt,  upon 
the  1 1th  of  Januarj'  1?94>  Mr.  Hardy  wntes 
a  letter  to  Norwich  relative  to  the  proceedings 
I  have  now  been  staling,  the  Constitutional 
Society  first,  and  the  London  Correspond mg 
Society  afterwards,  having  in  their  public  ucts 
approved  every  thing  that  this  conventioii 
had  done.    Mr.  ILinlv's  letter  runs  thus: 

"  I  have  ju-  a  letter  from  citizen; 

Mar^rotj  at   1  *,  with  some  of  the 

EdiTibirrgh  Ga»tftict:r»,  where  you  will  see 
that  citizen  Skirving  is  founcf  guilty,  and 
sentenced  for  fourteen  years  transnortalion 
to  Botany  Bay*  Margarot's  trial  comes 
next;  he  meets  it  with  great  firmness  and 
resolution^  I  have  no  lime  to  make  nit 
comments  on  the  t  '    :     'ut  I  thmk 

our  opponents  are  u  n  thmu 

as  fast  as  ibey  csu^-^i^vfv  m  i/<c  mimc  jW 


m 


851] 


35  GEORGE  III. 


Trial  of  Thomas  Hardy 


[352 


do  something  tcorthif  of  men :  the  brave  de- 
fenden  of  iiitcrty^  south  of  the  English  channel^ 
tire  icfforming  wouders^  driving  their  enemies 
before  them  like  chaff  before  the  whirlwind. 
Alargarot  tells  me  that  he  has  not  time  to 
write  to  you  jujit  now,  hut  he  hopes  to  have 
time  very  soon,  when  his  trial  is  over,  and 
immured  in  a  prison.  The  London  Corres- 
ponding Society  is  to  have  a  general  meeting, 
and  an  anniversary  dinner  on  Monday  the 
UOth  instant,  at  the  Globe  tavern.  Strand." 

Gentlemen,  you  will  find  that  Mr.  Mar- 
g^rot,  this  delegate,  with  whom  Mr.  Hardy  is 
thus  in  correspondence,  writes  to  the  Nor- 
wich United  Societies — <'  This  morning  ten 
ships  of  war  have  iet\  Spithead  for  the 
cliannel;  and  it  is  here  reported,  that  the 
Brest  fleet  is  out.  Rumour,  always  magni- 
fying things,  says  there  are  seventy  sail  of 
the  Trench  at  sea;  if  ^o,  there  must  be  a 
number  of  transports  among  thcm^  and  a  descent 
may  probabh/  he  the  consequence— ^for  God's 
Make,  mv  rvorthif  friends,  do  not  relax  in  the 
cause  ojfreedmny — Now  what  connexion  had 
a  descent  with  the  cause  of  freedum? — 
*'  Continue  as  you  have  begun ;  consolidate 
your  own  societies — unite  with  others — 
persevere,  and  make  no  doubt,  but,  sooner  or 
later,  your  endeavours  will  be  crowned  with 
success." 

Gentlemen,  I  come  now  to  state  to  you 
the  proceedings  of  the  year  1794,  as  far  as 
they  depend  upon  written  evidence ;  and  it 
must  be  a  satisfaction  to  the  mind  of  every 
man  who  hears  me,  that,  in  the  course  of 
this  business,  whatever  observations  may 
arise  upon  the  ])arol  evidence  that  will  be 
given  you,  I  think  you  will  find  so  strong  a 
confirmation  of  all  you  are  to  hear  in  the 
written  evidence  that  is  to  be  laid  before  you, 
that  these  observations  cannot  possibly  mis- 
lead you  from  coming  to  the  true  conchision 
upon  the  whole  of  the  evidence,  whatever 
tnat  may  be. 

Gentlemen,  the  Constitutional  Society, 
having  sent  their  deleir:ite  to  the  Scotch  Con- 
vention, you  will  fnut  that,  at  a  meeting  of 
the  17th  of  January  1791,  the  following  reso- 
lutions were  come  to,  to  which  1  must  desire 
your  particular  attention,  more  especially  as 
there  are  some  circumstiinces  belonging  to 
the  composition  of  those  resolutions,"  which 
appear  to  me  to  be  worthy  of  attention.  I 
have  before  told  you  that  these  resolutions 
were  usually  drawn  from  minutes — the  ori- 
ginal minutes  still  exist,  and  perhaps  they 
show  that  discretion,  with  which  men  arc 
sometimes  able  to  state,  in  diHerent  ways, 
precisely  the  same  thing:  I  say,  that  these 
resolutions  of  the  17th  of  January  1794,  were 
meant  to  excite  the  subjects  of  this  country 
to  resistance. 

^  llesolved,  That  law  ceases  to  be  au  ob- 
ject of  obedience,  whenever  it  becomes  an 
instnnnent  of  oppression. 

**.  Resolved,  That  we  recall  to  mind,  with 
the  deepofti  satisfaction,  the  merited  fate  of 


the  infamous  JefTories,  once  lord  chief  ju»- 
tice  of  England,  who,  at  the  era  of  the  glo- 
rious revolution,  fur  the  many  iniquitous  sen- 
tences which  he  had  passed,  was  torn  to 
pieces  by  a  brave  and  injured  people."  This 
is  applied  to  the  judges  of  Scotland,  who  exe- 
cutea  the  law  upon  such  facts  as  I  have 
been  stating.—"  That  those  who  imitate  his 
example  deserve  his  fate*'— this  sort  of  inti- 
mation might  have  a  tendency,  I  hope  it  had 
not,  to  put  in  any  peril  those  who  did,  in  the 
regular  course,  and  in  tlie  due  ccnu-s^  of 
their  judicial  duties,  piiss  those  sentences,  to 
which  these  resolutions  allude. 

*'  That  the  Tweed,  thoush  it  may  divide 
countries,  ought  not,  and  does  not,  make  a 
separation  between  those  principles  of  com- 
mon severity  in  which  Englishmen  and 
Scotchmen  are  equally  interested;  that  in- 
justice in  Scotland  is*  injustice  in  England ; 
and  that  the  safety  of  Englishmen  is  endaoi- 
gered,  whenever  their  brelliren  in  Scotland, 
for  a  conduct  which  entitles  them  to  the 
approbation  oi'all  svt.ve,  and  the  .support  of  all 
brave  men,  arc  sentenced  to  Botany  Say,'  a 
punishment  hitherto  intiicted  only  on  felons^ 

"That  we  see  with  regret,  but  we  see 
without  fear,  that  the  period  is  fast  approach- 
ing when  the  hbcrties  of  Britons" — this  was 
in  January — "  nmst  depend,  not  upon  reason, 
to  which  they  have  long  appealed,  nor  on 
their  powers  of  expressing'  u,  but  on  their 
firm  and  undaunted  resolution  to  oppose 
tyranny  by  the  same  means  by  which  it  is 
exercised."  Now  what  is  the  tyranny?  The 
exercise  of  the  regular  government  of  the 
Country.  What  is  the  means  by  which  it  is 
exercised?  The  application  of  the  force  of 
the  country  in  support  of  the  government  of 
the  country.  What  is  this  resolution  then  ^ 
Why,  thai  the  means  which  the  government 
takes  in  the  regular  exercise  of  its  functions, 
ought  now  to  be  resisted — "•  \Vc  sec  it  witli 
re";ret,  but  do  not  see  it  with  any  fear." 

That  a  breach  of  allegiance  was  contem- 
plated you  can  have  no  doubt,  for  you  will 
see  in  the  original  of  this  that  it  stood  thus  : 
that,  "  as  allegiance  and  protection  arc  reci- 
procal, law  ceases  to  be  an  object  of  obedi- 
ence, whenever  it  becomes  an  instrument  of 
oppression." — Couple  that,  as  it  stood  origi- 
nally, with  the  third  resolution,  and  what  is 
it?  Why,  it  is—that  the  protection,  which 
was  due  trom  him  to  whom  allegiance  is  due-, 
has  not  been  afforded :  therefore  allegiance  is 
no  Ioniser  due.  "  We  see  with  regret,  but  we 
see  without  fear,  that  the  period  is  fast  ap- 
proaching, when  the  liberties  of  Britons  must 
depend,  not  upon  reason,  to  whidi  they  have 
long  appeided,  nor  on  their  powers  of  ek'pres- 
in^1t,  but  on  their  firm  and  undauatecT  "reso- 
lution to  oppose  tyranny  by  the  same  ineana 
by  which  ii  is  exercised." 

Vou  will  also  find  that  it  stood, "  that  Eng- 
lishmen feel  the  oppression  of  Scotchmen, 
which  tlicy  are  determined  to  resist  at  the 
hazard  of  tlieir  lives."— You  will  find  the  last 


\ 

K 

\ 
\ 

\ 

\ 


R^  in  the  mindtcft,  compjiring  the  se- 
^  rtpff^rntalWcs  of  this  cciuntrv,  in  irie 
lllNB^t  nofift,  with  this  com'cnliciQ  in 

fcoiki  i*  funvcnlion  in  Sroiland  had 

tUtfl)  uptifj  jt'^'eir  lo  resolve  u|>on  resislance 
ioe^cit  II  motion,  in  rither  House  of  Psirlia- 
Ineiii  of  lliid  eoutitry,  in  Uit^  execution  of  their 
4lllty,  thu» : 

M  Tf,.,f  „,..  ^r^..  vt  of  ib«  conduct  of  the 
J  who,  thufi^h  iissailed  by 

tt*,^^,  rnnwere^y  arguments, 

and  V  rnbers  of  a  certain 

iiL    .  'I  distinct  from  the 

911  body  or  the  ywupic*' — The  words  ori* 
itoud — who  **  being  the  incorrupt  re- 
iniwfttny  thonmndsj  have  spoken 
CiltliMHlgt'el' truth  and  fknTine^s.*'  Can  I 
fBliLetnifi  court  the  instnunent  of  conveying 
te  fhe  f>iibJie,  what  I  confess  I  do  most  anxi- 
ti     ■  it  the  in llru men!  of  con- 

>  ,  as  far  a*  it  is  ill,  in  the 

CTtcnnjr.'U  ot  trie  duty  that  I  am  now  dis* 
din^ti^  that  they  may  imderstand  \vhat  it 
IraenjWhen  they  are  scattering  thc^e 
I  ihrciiigh  the  country,  mean — "  this  con- 
on,  assailed  by  force,  iiave  not  been  ans- 
'  bj  fcrguments** — How  was  it  possible 
10  answer  Ihose  by  arguments,  who  were  cum- 
log  lo  Mlernn  and  sacred  re^ohitions^  which 
'  dkl  not  even  dart  to  put  upon  the  face  of 
r  aim  tainutes  ?  How  were  we  lo  answer 
:  by  «fgitmcrnt,  who  were  working  under 
till  they  had  Itlown  up  the  govern- 
^^  y  ami  then  *>^y,  you  cannot  point  out  that 
^M  hvit  been  acluig  ill,  Wcause  we  will  not 
tell  you  haw  wc  Imvc  been  acting  ? 

U|ioa  the  16 lb,  Mr.  Margarot  writes  again, 
liMtliig  Ih^m  Co  punme  what  ^rt  of  conduct 
tbMpTem&€. 

'Aeo  Ihcrc  ia  a  letter  of  some  importance 
f#tbetllth  of  January,  which  is  written  to 
Ite  per«OD  who  stands  at  the  bar—"  We  have 
Jyat  rtctrred  notice  from  the  sherilFto  hold  our- 
iriwi  wmdy  to  depart  at  an  hour's  warning  % 
«•  go  bjr  night ;  we  imagine  to  Newgate ; 
look  out  fbriu/' 

G^Otkinen,  yoo  will  likewise  find  a  ktter 
hvm  Mr*  Margarot  to  Mr.  Hardy,  of  great  con- 
wm^mmoLf  aa  it  explains  many  of  the  passages 
kl  tlicevulence  between  the  ^Oth  of  January 
17Mp  «od  the  time  that  those  persons  were 
■yytAiiJidcd.  Margarot  writes  from  Edin- 
bui^  io  this  mamier  ? — '*  amied  associations 
^Bpji  percTT*  r  -— -  '  t  m  foot  by  the  rich; 
puof  do  the  same? 
'Aiayo**  ."  ".^'4  ,  -i "i^Jb  lilJ  twenty  thou- 
1  Bowfifi  and  Uanovcrmns  come  to  cut 
___  I?  And  will  you  stretch  forth 
ni<Ji*  i  «*  to  the  butcher's  knife, 

■ad«    likjt  •  ontent  yourselves   with 

MtMSf^     Pray  if* t  me  hear  from  vou  soon. 
HaneaWr  tnr  to  Moffnt^  Muir,  and  Palmer, 

G^alfefiiciiv  \  >  uth  of  January  t?^, 

tlMtnt  wac  a  ri!  the  Globe  tavern; 

tbii  niei^tit]^*  V  I  will  permit  me  lo 

ihggf  I      ' '  ~  *    Taetaioued  in  im  letter  of  the 

YC 


lUh  of  January  17^4,  which  I  before  havd 
spoken  of,  when  he  aakl  the  London  Corres^ 
ponding  Society  were  to  have,  a  g^cncral 
mcf  iui.»,  and  an  anniversary  dmner.  Gcn» 
tlemen,  the  proceedings  of  that  day  will  de- 
serve your  very  particular  attention. 

**  At  a  general  meeting  of  the  London  Cor- 
responding Society,  held  al  the  Globe  tjivcrn, 
Strand,  on  Monday  the  -joth  day  of  January 
1794,  citi«en  John  Martin  in  the  chair,**— 
when  I  state  this  to  you,  I  oug^ht  to  say  that  I 
shall  prove  the  prt*>oner  to  have  In-eri  present, 
of  to  have  teen  connected  with  all  the  Irana- 
actions  that  I  have  been  stating — **  the  fol- 
low ing  address  to  the  people  ti\'  Great  Britain 
and  Ireland,  was  read  and  agreed  to :  citizens. 
We  find  the  imlioo  involved  in  a  war,  by 
which,  in  the  course  of  one  campaign,  in^ 
nrense  numbers  of  our  countrymen  have  beea 
sbughtered ;  a  vast  expense  has  been  incur- 
red; our  trade,  commerce,  and  manufactoriet 
are  almost  destroyed  ;  and  many  of  our  mi^ 
nufacturers  and  artists  are  ruined,  and  their 
families  starving, 

"  To  add  lo  our  affliction,  we  have  reason 
to  expect  that  other  taxes  will  soon  he  added 
to  the  intolerable  load  of  imposts  and  imposi- 
tions, with  which  we  are  already  overwhelm- 
efl,  for  the  purpose  of  defi*aying  the  crxpenses 
which  have  been  inairred  iu  a  fruitless  cru* 
sade,  to  re-establish  the  odiinis  despotism  of 
France, 

**  When  wc  contemplate  the  principles  of 
this  vTaf,  we  confess  ourselves  to  be  unable  to 
approve  of  it  as  a  measure  cither  of  justice  or 
discretion ;  atKi^  if  we  are  to  form  our  calctl- 
latton  of  the  result,  from  what  has  already 
passed,  we  can  only  look  forward  lo  defeat, 
and  the  eternal  disgrace  of  the  British  name, 

"  While  we  arc  thus  engai^ed  iu  an  expen- 
sive aT«l  ruinous  foreign  war,  out  state  at 
home  is  not  less  deplorable. 

«  We  are  every  day  told  by  those  persons 
who  are  interested  in  supnorting  the  corrup- 
tion list,  and  an  innumeraule  ho*it  of  sinecure 
placemen,  that  the  constitution  o!  Enaland  is 
the  perfection  of  human  wisdom  ;  that  out 
laws  (wc  should  rather  say  then*  laws)  are  ih* 
perfection  of  justice;  and  that  tlieir  ^iduiinia- 
tration  of  those  laws  is  so  impartial  and  so 
ready,  as  to  afford  an  equal  ren»cdy  both  to 
the  rich  and  to  the  poor,  by  means  of  which 
we  are  said  to  be  placed  in  a  state  of  absolute 
freedom  *'  The  paper  then  goes  on  and  rea- 
sons upon  the  state  of  the  law  in  this  country, 
under  an  cipoaition  of  Magna  Charfa,  which 
gives  as  nearly  the  true  meaning  of  it  as  a 
man  %vould  give,  who  had  never  seen  it. 

*•  If  we  look  to  Ireland,  we  find  that  ac- 
knowledged privilege  of  the  people  to  meet 
for  the  support  and  protection  of  their  rights 
and  liberties,  is  attempted  by  terror  to  be 
taken  away,  by  a  late  infamous  act  of  parlia- 
ment,**— T* hat  was  an  act  to  prevent  conver>- 
tion  by  delegates  wrth  dangcroi^  objects. — 
*'  Whdsl  tides  of  honour— no— but  of  disho- 
nouf,  are  lavished,  and  uei?  nonuo^iAi 

l  A 


S5  GEORGE  HI. 

uplion  openei)  to  gratify  the  greedy  proslitih 
an  oflliose  who  are  the  instiiuiieiiu  of  this 

Ill  ScotJand,  the  wicked  hand  of  power 

Iliaa  been  impudenily  exerted  without  even 

the  wretched  (ormar»ty  of  aii  act  of  parha- 

Qcnt." — A  piece  of  parchment  justice  they 

Lcall  an  act,  to  the  coiiveutioa  of  Scotland,— 

p*  MagiatiBles  have  fun  ibiy  tutruded  into  the 

fcaceniJ  and  lawful  inec lings  of  freemen^  and 
_    y  force  (not  only  without  law,  but  against 
"aw)  liave,  under  colour  of  magisterial  office, 
ntcrrupted  their  deliberaUODd,  and  prevented 
Iheir  association, 

'*  The  wisdom  and  good   conduct  of  the 
^ritii>h  Convention  in  E(haburgh  lias  been 
jiioh,  as  to  defy  their  bitterest  enemies  to 
^a^ic  the  law  which  they  have  liroken;  not- 
>itit standing  whichf  theur  papers  have  been 
(jieixed  ^d  made  u£»c  of  as  evidence  against 
/lliem,  and  many  virtuous  and  meritorioufi  in- 
Jjdivjdimb  have  been,  as  cmeUy  as  unjustly, 
'or  their  virtuous  actions,  dbgraced  and  de^ 
Kroyed  by  infamous  and  illegal  sentences  of 
(transportation ;  and  these  unjust  and  wicked 
Huilgmenls  have  been  executed  with  a  rancour 
[.and  malignity  never   before  known  in  this 
yiand ;    our  respectable   and    beloved    fellow 
citizens  have  been  cast  fettered  into  dungeons, 
l^amongst  felons  in  tbe  hulks,  to  which  they 
vert!  not  sentenceth 
**  Citizens,  we  all  approve  the  sentiments, 
nd  ara  daily  repealing  the  words  for  which 
[ittieseour  respectable  and  valuable  brethren 
1  thus,  unjustly  and  inhumanly,  9ufferin|| ; 
Y^c  do  associate" — mark  tlie  expression— *'m 
'er  to  obtam  a  fair,  tree,  and  fuU  reprc sen- 
Illation  of  the  people  in  a  house  of  real  national 
eprf-  ," — Now,  did  the   convention 

%X  I A .  ilien  associate  for  the  purpose 

» obtain  a  lair,  free,  and  full  representation 

fof  the  people  in  a  house  of  real  national  re- 

presi.  '  '    r  'J,  they  associated  to 

utm  cp££sentativcs  upon 

kiii*  \  I.U  lilt  >  were,  as  Mr.  Skirving 

dl>  '  people  in  Scotland,  that  they^ 

fiy^Qtt  : a,;uul  to  associate  tb'^n^^t  i-fs 

vith  sucit'Ucs  in  Englaiodj  and  ih. 
Itatc  ofatliluilitin  and  a?iM>ci:ili ois  _^  j. 

k^aveuii*.'  from 

clcjpitH  tri  tljc 

opl*'— '  —  w  hy ,  io  uj tv  i  IAS  an  a^ 

embly,  w  mbly  wu%  to  roulrol  th« 

i^opcratimib  vl  Liaiiuuicnl  itrtiaiiiatit» 

\wliich  uiu^t  be  tlie  rc^  cs  of  th* 

mons  of  the  nation ;  ui^  c  \  j  i « s^ioo,  whicti^ 
wa>%  tlMiy  never  ui^l,  adopting  }BCt»- 
im|H)rt,  "  ttcal  Na- 

..,    ...    .....  ,...,...j^UAbetr«ai«ilasf«locta 

cUutuinS  tbia  irar  uabetf*!  right  f  wbidi 
^  ani  detarniiMd  Mf  ft  tt^  lon^zu  but  «llli 
'  li*t$H  aiHl  whkh  u^ 


Trial  qfThomai  Hardy 


[S50 


'jffl 


intluenoe,  which  at  tbl^  time  d^ntineera  ill 
Ireland,  Scotland,  and  Ent^land*.  r  ^n  vr.ii  \^^ 
lieve  thai  ihosc,  who  send  virtue  ,»^ 

and  Scotchmen,  fettered  with  tcJt  ■  \lo* 
tany  Bay,  do  out  meditate,  and  wdi  nui  at* 
tempt  to  seize  the  &rst  moment^  to  srnd  ua 
after  thetn ;  or  if  we  had  not  just  cause  to 
apprehend  the  same  inhuman  treatment,  if^ 
instead  of  the  most  iramineot  diin^er,  wo 
were  in  perfect  safety  from  it,  shoulrl  we  nol 
disdain  to  enjoy  any  liberty  or  pri  •  mU 

ever  in  which  our  honest  Irish  b 

brethpen  did  not'equally  and  a£  tLniy  p;4ruc^ 
pate  with  us  ?  Their  cau^e  tlicn,  and  ours,  ia 
the  same,  and  it  is  both  our  duty  and  oux  in- 
terest to  stand  or  fall  together/' 

Gcutlcraen,  recollect  the  expi>ession«  that 
I  read  to  you  from  Skirving's  k tt^r :  **  will 
you  wait  till  barracks  arc  erected  hi  every 
vitiate,  and  tdl  sub^dized  Hessians  and  llao* 
overians  are  upon  us?"  You  will  now  see 
from  the  proceodines  1  am  stating  to  you,  thai 
the  time  kqs  c*v/»c,  that  they  were  not  only  vtrm 
tuouM  but  couragfoui  enough  to  do  an  act, 
which  m  1799  and  1793,  though  they  wei8 
virtuous  enough  to  do^  they  were  not  coti* 
rageous  enough  to  do. 

**  You  may  a»k  perhaps,  by  w!    "  aj 

shall  we  seek  redress?    We  ans>vi  it  a 

in  a  state  of  civilized  society,  sktt:  iiiuiiin«j  to 
seek  redress  of  the  grievances  from  the  lawSf 
as  long  aa  any  redress  can  be  obtiuned  by  the 
laws;  but  our  common  master,  wh«m  we 
serve  (whose  law  is  a  law  of  lilitru  ami 
whose  service  is  perfect  freedom i  jl»t 

us  not  to  expect  to  gather  grapes  !  'n% 

or  figs  from  thistles :  we  muU  intxm  rcdreu 
from  uur  tmm  tuwt" — Were  they  to  be  a  con- 
vention of  the  people,  then,  without  makirtt 
laws?  They  approve  the  whole  rotkluct  oT 
the  British  Convention,  that  would  not  ted 
others  make  laws,  and  yet  were  they  not  la 
make  laws  i 

**  We  must  have  redrtufrom  our  mpm  lam$Jf 
and  not  from  otliec  laws ;»— the  hiwi»  ofQrmM 
Brtt^LiQare  thus  described, — **  Mf  Uw^  ^  owr 
piundertn^  em€mu$f  and  pp^rmmn  t'*  \u^ 
if  the  legislature  oif  their  country  were 
plunderers,  enemies^  and  opcrf^sora,  in  i 
notions,  it  would  be  vi  ii  to  Mipp 

that  they  were  to  hat'c  i  i  um  tlic  J 

of  that'  .';  but  then  it  follow^ 

course,  i  i^eant  to  have  redrt aa  irom 

la^'  cr  body,  that  bail  mkf 

tl^  lud  what  Ihniottifr 

bi  sheydelcf* 

tt»i  lo  jmy^  wb» 

esii  MUM  \\  4MJI.      i  ucy  gvi  on  u^roio  SUTf. 

**  Tbetv  14  no  rcdreaa  lor  a  iiatioa  opqi 
ilaoced  aa  wr  --  ^  ■  ♦  \t%  4  fair,  f«e,  wuM 
repcvieosatii.  people.**— N« 

li^Timl  mk^   __,      lijya  fiMr,fuil,Knd 
\MSimM9»  itic  p««fle,  001  I 

«tcw  fdicm  ^  at  tbt 

.«i u^«p(uv«trft^  Briliafal  iMii^oUCfty 


357] 


^r  High  Tremm* 


A.  D.  1794. 


[^58^ 


fnkfi  to  unite  the  two  nations  of  England  and 
Scotkod,  to  be  a  British  Convention  fonned 
by  delegates  tVoni  the  different  societies  in 
this  cotmtrVt  and  prorcsaing  to  act  as  a  con- 
vention of  the  people  ;  I  say,  th:U  it  ii  that  *;><;- 
ciu  ofcoaveniion^  which,  in  iheir  opinion  was 
^  fair,  frte^  4tnd  full  rcpreserUaiion  of  the  pto- 
pte^  in  which,  and  which  alone,  they  hoped 
for  thai  redress,  which  they  could  licit  hupe 
for  from  the  parliament  of  Great  Britain, 
those,who  were  llieir  phiadercrSjtheir  enemies, 
and  oppressors.  Could  it  be  possible  for  them 
to  suppose,  ihat  they  could  make  parliament 
the  willing  or  unwilling  ort^an  of  bringing 
about  tliis  representation  of  the  people  to 
subsiH  bv  annua i  ^nflrage  and  universal  re- 
pfesenlalmn?  Could  it  have  entered  into 
their  imagination  ttiai  those  whom  they  call 
Ifoeh*  pJunderers,  enemies,  and  oppressors, 
would  ever  become  the  voluntary  or  involun- 
tary inMrument  of  doing  that  which  was  the 
object  ot  all  these  societies,  from  March  1791, 
tili  they  w^rc  checked  iathe^execuiioxi  of  their 
purposes  f 

Then  follows  a  resolution  that  will  require 
likewi  J  your  very  purticuiar  attention:  **  Re- 
solved,  That  dttntig  the  ensuing  session  of 
ptirliameiit  the  general  committee  of  this  so- 
^p^.  .1  ,  ....-♦  1  /,|y^  for  i)^^  purpose  of  watch- 
iriL  _>ofthc  parhamenl  and  of 

Ibt  „- .  -..,...11  of  the  government  of  this 

cxjuntT}'/*  1  his  was  to  be  pubiished  •.  they  do 
not  the  re  fore  venture  to  insert  totidtm  virbia 
tb&t  resolution,  which  I  have  stated  to  you 
was  so  solemnly  made,  and  so  sacredly  sworn 
to  in  the  Scotch  Convention,  but  they  resolve 
-4—"  that  upon  the  first  introduction  of  any  bill 
or  motion- inimical  to  the  liberties  of  the  peo* 
nle,  sjichas  for  lauding  foreign  troops  in  €Jreat 
Britain  or  Ireland,  for  iJU5{)eudiiig  the  Habeas 
Corpus  at  (;  fur  proclaiming  marttal  bw,  or  for 
prr  _  Vhc  people  from  meeting  in  socic- 

tit  luttonal  informalion" — Wlyit  the 

mttiijjiit4  ui  ihc  term  conttUutional  is  we  can 
judge  by  this  time— that  upon  any  express  mo- 
ttonof  this  natui^,  *^  or  any  other  innovutmi 
^  a  timiiur  nature  ;  that  on  any  of  these 
omergcscies  the  general  committee  shall  issue 
summonses  to  the  delegates  ofeach  division, 
and  also  to  the  secretaries  of  the  dil!erent  so» 
cieties  afHliated  and  corresponding  with  ill  is 
society,  forlhwith  to  call  a  gtntral  conventiiin 
a^'ihe  pfopttt  to  be  held  at  such  place,  and  in 
stich  a  manner,  as  shaH  be  specified  in  the 
idnimons,  for  the  purpose  of  taking  such  mea- 

idbres  iJilo  their  consideration/'    They  omit 
'jhettie  of  invasion  in  this  puUicaiiou.    But 

C^riHHl'this,  sup|>osing  nothing  had  passed  in 
fldblteid  of  what  1  have  stated  to  you  ?  What  I 
It  the  legislature,  is  the  rule  aod  government 
m  this  great  country  reduced  to  this  state, 
ihattl  shall  find  no  protcclion  in  the  admi- 
'  itration  of  the  law  of  the  coimlry  agamst 
jions,  associating  and  a^liating  themselves 
I' the  purposes  which  they  declare  here? 
fs  no  motion  to  be  made  in  parliament  for 
aitjr  purpose,  which  tlieso  t^ocieties  chuo^  to 


compreflcnd  imder  the  terms  **  anyother  inno- 
vation," without  explaining  what  it  means f' 
but  what?  but  that  bodies  of  men  are  le^j 
come  together,  claimino;  to  themselves  tho 
civil  and  political  authority,  which  enlists  in 
the  natural  and  physical  qualities  of  the  peo-* 
pie,  and  then  to  contend  ihat  they  have  got  av 
cmtvtntion  of  the  people  1? 

Now,  do  they  convene  the  people?   In  faet^  ' 
it  will  be  said,  nothing  like  it.    But  they  call 
themselves  a  convention  of  the  people  in  tho 
very  terms  that  they  use;    the  summonses' 
arc  lo  go  to  tlie  delegates  of  each  meeting, 
and  also  the  secretaries  of  the  diiJerent  socie- 
ties corresponding  with  this  society,  and  n© 
w  here  else.     For  what  purpose  ?    To  cull  m'  1 
flfeneral  convention  of  ike  people  !  Then,  what 
18  the  meaning  of  all  that,  taking  it  with  its 
conleit?     It  IS  ibis;  from  your  kws — tlie 
laws  of  you,  our  plunderers,  enemies,  and  op- 
pressors— we  can  expect  no  relief :  we  do  not 
mean  to  come  to  you  for  any?   but  we  will-' 
watch  you,  and  if  you  dare  to  propose  an  in* 
novation  of  any  sort,  we  shall  call  ^falr.frte^ 
and  full  repraentatioH  of  the  people.    Com-' 
posed  pray  how  ?    By  delegates  from  our  so-' 
cipties,  lo  seek,  as  a  general  convention  of  the 
people,  redress  from  our  own  laws.     It  ap- 
pears to  me  thai  the  reasoning  upon  this  paper 
IS  so  whole  and  intire,  that  it  is  out  of  the 
power  of  human  ingenuity  to  touch  it. 

Then  they  resolve,  "  Tliat  a  hundred  thou- 
sand copies  of  the  Address  to  the  people  of- 
Great  Britain  and  Ireland  shall  be  printed.*' 
Then  they  follow  this  up  wilh  the  publication 
uf  a  ^real  many  tt^asts  ;  and  really^  when  one 
mentions  such  a  thing  as  toasts  in  the  trial  of 
a  great  national  cause,  such  as  this  undoubt- 
cffly  is,  one  is  afraid  of  its  sinking  into  insi^ 
niticance  ;  and  yet  this  is  a  great  feature  m 
this  cause.  You  will  find  thai  previously  lo  one 
of  the  most  seditious  meetinjjs  which  was  ever 
held  in  this  country,  it  was  Uiought  of  impor- 
tance enough  that  they  should  meet  once, 
twice,  or  thrice,  in  committees,  in  order  to 
frame  toasts,  which  were  best  calculated  to 
inflame  their  minds,andto  urge  those  forward- 
who  were  alreaflv  engaged  in  these  projects— > 
**  The  Bights  of^Man :''— "  The  British  Con^ 
venlion ;" — "  Success  to  the  arras  of  freedom, ^ 
against  whomsoever  directed."  This  is  during 
the  war — against  whom  were  the  arms  of  free-- 
dom  directed,  in  the  opinion  of  these  persons  f 
TYou  remember  they  said  that  *'  the  elector  of 
\  Han  over  may  join  his  troops  to  traitors  and 
h^bbcrs;  but  the  king  of  ( ireat  Briuin  will 
do  well  lo  remembcrthat  this  country  is  not 
Hanover :  should  he  forget  the  distinction^ 
we  will  not."  They  corresponded  with  tha 
French  in  October j  and  m  November  1792^ 
they  state  to  you,  that  Uie  prmciples  of  their 
resolutions  are  those  upon  which  they  meant 
to  act — that  Great  Britain  was  now  engaged 
in  a  war — which  they  condemoed — in  which 
the  arms  of  freedom,  as  they  said,  had  never 
been  engaged  on  the  part  of  Great  &v\\2\\w« 
Then  iliQ  ma^^XiXXk^  ^  \iv&  \o^\  v&  o^:lk^^! 


n 


55  GBOKGE  III. 


Triai  ofTkomai  Hardy 


[560 


inoiUer  toast  was — "The  virtuous  and  spi- 
iled  citizens  now  jo  cooiiiicmcDt  fur  mAtiers 
l|l^'o|unioii/'  Nuwr,  these  maUer*  of  opinion 
wtLi^  ull  done  in  the  Igtisf  ti^stue  and  detail 
IjDf  a  con!>pirucy  to  ^uhveri  the  munarchlc&t  go- 
Vvcniment  of  this  country,  under  its  present 
I  legal  |)n>vii)ions  and  Uniitaljon^. 
\  The  Di&nie  of  Mr.  Ffo^t  being  mentioned — 
V%  meaia  htm  no  disrespect  in  saving  this—but 
111  IB  lo  IIr'  purpose  of  this  bn^siness  to  take 
Ifiotice  of  it — that  gentleman  waj*  prosecuted 
lio  this  counlrj'  for  this  doctrine — **  No  king, 
tt^onc  m  En|;Jand»  1  am  lor  liberty  and^quality 
kftvcry  whore/'  VVliat  was  I  he  consequence 
'  that?  1  he  judgment  of  the  law  of  England 
^lipon  him  was,  that  he  was  guilty  of  an  of- 
I  fence  :  he  was  punished :  he  has  suffered  that 
jlMUjiishntetit,  and  made  an  atonemetit  to  the 
Liiw  :  hta  these  gentlemen,  who  sent  Mr. 
[Frost  with  Mr  Barlow,  to  state  such  doctrine 
t0  France,  and  bring  t^tich  doctrine  back  from 
PramCy  you  will  find  that  they  have  a  formal 
[•pcsolutinn  that  they  wiil  sustain  this  Mr  Frost 
fu  all  hi««  persecutions  and  proi»ecutioris.  Doca 
itltat  mean  nolhinj^  ?  If  Mr.  Frost  is  perse- 
^Auli'd  int  holding  doctrines  in  ihe  country, 
phich  were  to  put  the  king  out  of  the  system, 
\i»  it  no  evidence  o(  mtenlion  with  respect  lo 
wl^o  engjg;ed  m  such  projects  ^a»  I  have 
mioncdt  that  ibey  do  come  to  a  resolution, 
»hith  tiiey  declare  that  the  law,  nncstion- 
IfDg  the  propriety  uf  dc€larati(in!<  of  that  kind 
lainotjints  to  a  persecutiuii,  and  that  he  ought  to 
|i)e  susUiined  against  it? 

Gentlcnieni  you  will  hear  from  witnesses, 

irho  were  present,  what  X\\c  proceedings  on 

I  Ihe  ^Oth  of  January,  and  the  general  com- 

Iplcxion  and  n^iture  of  thf  m  were«     Mr.  Mar- 

itin  bcnig  m  tliechsiir,  and  Mr.  Hardy  being 

en!,  \«ho  was  a  member  of  both  these  so- 

»,  an  attending  member  tn  both  of  them^ 

I  give  yuvi  Martin'*^  account  of  the  pro- 

^iseeding  on  the  '2'id   K^i  January   1794,  in  a 

k^lf'ttf  r  m  his  own  hand-writing,  t>ent  to  Wau- 

T  irottatKdinburgh,  hTio  had  advii^ed 

l\  ri  collet  t,  the  Loutlon  Corresponding 

^fioacty  tocome  toijume  strong  resolutions — 

vho  tiad  urged  that  nmn  t»  ihttime,  that  two 

ikit  m  Scodand  icoutti  do  the  buiineUf  pro* 

rkled  thev  did  their  duty  in  England. 

*•  My  dear  sir,  1  dare  say  you  think  I  have 

^forgot  you  frutu  my  n<*t   having  written  to 

IlVou^  but  you  know  my  sentiment:)  so  well  that 

ut  was  unneces^ry  for  me,  and  would  |vroba-i 

*Jy  have  been  improper  to  say  much  on  the 

ubject    of  your    n)ii>»ion^' — then  he  states 

pmcthing  about  private  business. 

**  \Vc  Imd  a  mecttog  on  Monday,  I  was  in 

i  chair — the  newspaper  Ogives  our  numbers 

D,  but  we  were  nearer  1,500:  every  thnig 

rwi  11   ruiKkx  ted.  tliul  is  to   MiV  rtL'uliirlv. 


who  opposed  the  subscription  at  fir^t^  ore  now 
putiijig  their  hands  to  the  very  bottotn  of  their 
pockets,  and  swear  by  God  you  shall  be  sup- 
portc^i  With  the  last  guinea— we  must  have 
another  general  meeting  in  a  chapel,  or  some 
large  place,  and  declare  the  purpose  of  a  sub- 
scription, and  1  ihiuk  we  shall  get  plenty  of 
the  needful  Jbr  that  and  other  pur(>os€s«  U«ve 

yon  read  my  letter  to  lord ?  do  you 

mclinc  to  try  the  writ  of  error?  what  do  the 
Scotch  lawyers  think  of  it,  and  what  do  you 
thjuk  ol'the  legal  knowledge  of  my  country- 
men f  I  firmly'  believe  that  the  law  t«  Uia 
only  science,  of  which  they  know  nothing. 

**  Tlic  king  went  yesterday  to  meet  Mm  ptr- 
liamf-nl" — so  now  wc  have  got  no  parhimtnt 
«jf  ours,  the  people  ofthis country—**  Ihcy  aat 
till  sik  u*c lock  this  morning:  the  papers  are 
not  out,  but  I  am  told  only  twelve  membcrft 
were  for  peace:  I  am  glad  the  minister  luisso 
great  a  majority  wilhm  doors  for  ihe  war, 
and  that  the  people  have  a  greater  majorlly 
without  doors  against  the  war :  the  swinisn 
rogues  had  the  impudence  lo  wnte  *  No  war* 
on  all  the  doors  and  corners  of  the  Houses  of 
Lords  and  Commons,  and  thc^  had  even  liie 
audacity  lo  groan  and  hiss^  while  his  most  s^ 
cred  majesty  wa<i  passing  to  and  from  the  House 
— nay  1  am  told,  a  woman,  moved  and  se- 
duced by  the  mstigation  of  the  devil,  and 
traitorously  intending,  &c.  did  in  St.  Jamet^s 
Park  take  otl'her  patten,  and  threw  it  with  all 
her  force  at  his  majesty,  wherebv  the  gla^  of 
the  state  couch  was  broken, and  his  m^esty 
put  in  fear :  God  save  the  king,  for  if,  &ic. — 
as  Gerrald  says" — there  he  leaves  it. 

*'  The  society  is  increasing  raj^idly,  both  m 
spirit  and  in  numbers,  and  the  rich  now  begla 
lo  come  among  us,  and  to  sit  down  with  ploa^ 
bure  among  the  liooest  nien  with  the  leathem 
aprons, 

"  I  could  write  to  you  strange  thing%  but  1 
know  not  but  this  may  be  read  by  somebody 
before  it  comes  to  your  hands.'' 

Gentlemen,  ailer  this  had  passed,  you  will 
find  that  that  letter  was  wriiitn  hv  the  Cor- 
responding Society  to  «i  ti- 
tutional  lulurmatiton  (u  i  i  m  rted 
to  you)  upon  the  27th  ot  March  i  r^,  and  now 
with  your  leave,  I  will  re^id  a  part  of  it  to 
you  again, 

**  I  am  directed  by  the  London  Cf>rrfs|iotid- 
ing  Society   to  transmil  the  follow  i ,  Jvj- 

tioos  to  the  vxictv  for  Coosltttii  ur- 

mation/'  i  should  tell  yoiifir%(, 
of  time,  that  the  society  for  Co 
Informa"  •"  -•■^^  nr*'-*  -'r'-  if— 
the  Lou 

OfjHH, 

be  . 


^'ivf*^  universal  approba- 


boUi,     Ihutt,  ikie 
riety    ha  V  in  J!   htH' 


poctiof 

JkOitiiy 

,  ted  th« 


^project  of  a  rOTivcntion  stnXc^  in  the  address 

i^f  the  London  CorTc&pgndmg  St'ciely  of  the 
■\  the  nature  vi  ihut  couveutiuii  b<;ing 
LioQ  (ri>m  ihe  aHiluicd  fttjcielics^  to 
Lldi^  u{>ou  ihenittclveb  Ibi^  character  of  n  nm* 
f^meniiifn  *>t^hif  peofth',  U  ^uuij  he  surprising 
'  utioij,  whuh  tbey  bpcttkui 

\\  sliould  U;  a  convention 
from  thai  w  h  ic  1 1  r  h  uy  h  a<  I 
iiic  '*'Olh  .tntl  2Hb  of  J;i- 
^y  — Atiu  v^iu*   ilittt    obscrvalion   I   conic 
r^iLAin  to  this  letter  ol  the  2nh  of  March. 

I    *n»  *hr*-#lc(J  hv  the  1  r^f^i^ttn  rnri*sm.li(U 

ing  "  tr&iismil  r 

I  tioi)^  L-  ll-'    r^.^ciely  tVir  t    ;;:..',.,,■...'.    .  - 

^  Jliaiion^  and  to  request  the  senUnients  ut  that 

)  society    rc^^pecrins  the  iraportdnt  n^fa-^urcs 

luclureofuflrairs  &ee»u&  lo 

i        .      Jon  Corresponding  Sociely 

ihut     the,     moment    is    arrivtd''—- 

It  the  ypars  1791,  1792,  and  1793, 

I    ;       s  ijoi  arrived— *•  when  a 

i.ifalion  i»  necessary  from 

i'[  irecdom— whether  the  late 

iiearU-of  proseculiDiis  and  seri- 

iti.i<  I  ermine    us  to   abandon  our 

lo  u5  lo  pursue  a  radical  re- 

.^„  ..u.,  ur  proportioned  lo  the  mag- 

Lhc  object,  and  with  a  leal  as  di.Htin- 

11  our  luris.    ^s  ihe  treachery    of 

L I  i&e  is  notorious, 

1  f  I  information  is 

lli/rciequireti  to  (ictctitiine  whether  or  na 

vWl  be  ready,  when  called  upon,  to  act 

riion  with  this  and  other  societies,  lo 

fair   representation  of  tlic  people, 

Mir  vvilh  us  in  seeing  the 

iy  convention  for  the  pur- 

'  ilional  and  legal 

iievances  under 

ill    in  r  11  I M  MinHjr . 

Now,  in  titv  lirsl  pkcc,  with  respcet  to  the 

nl^    .*  ,,.*v.i,i,,i,otial    iind  legal  method,** 

not  much  to  claim  upon 

it  11  nd  tbrce  of  the  words 

/  metkod"  which  ap- 

r   transactions  of  the 

,  il*/i  and   tri>3,  and  more  particularly 

Ji  the  tntnviciionsof  1793,  as  they  ap- 

*  onvenUon,  in  Scotland,  lo 

nt  with  the  existence  of  a 

a  character  as  that  had; 

!>ui  po!>e  to  have  a  con v  en- 

>  iiumonses  to  affiliated 

a  to  lake  upon  itself 

1^  It  is  in  vain  that  they 

rttional  raethotis  :  it 

ihey  mean  to  do,  and 

1^  not  legal  or  consti- 

,    ..    iL.    _  uLlt,  1  apprehend, after 

|)«&»«d,  there  can  be  no  doubt  what 

by  a  convention :  but  it  is  not  left 

lird  resolution  they  slate^ 

to  be  immediately  a  eon- 

1  by  delegates" — mark  the 

f lift.  -  (or  th»t  purpose  from  the 

at  iiuc4ruci  of  the  frieJMb  of  Creedoxn, 


A.  a  1T94-  {3G^ 

assembled  in  the  various  part^ofthis  nation," 
Then  heie  is  a  convention  of  the  same 
character,  of  the  »ame  name,  and  the  same 
constitutioi),  as  that  mentioned  in  the  resolu- 
tion of  the  JOth  of  January  1794*  Now,  to 
whom  is  this  proposed  ?  It  is  proposed  to 
that  Constitutional  Society,  which  had  adopted 
the  addrL'ss  of  the  soih  of  January  1794,  and 
which  had  also  said,  by  approvine'lhat  address 
that  they  were  of  opinion  that  redres*  was  not 
tu  be  obtained  i)y  the  laws  of  England,  but 
that  they  were  to  have  redress  against  their 
opprei»!»urs^  plunderers,  and  enemies,  by  their 
own  laws— by  that  ftorl  of  repre$cnlaiion  of 
ihe  people,  which  is  formed  by  aconvetition  of 
tiie  people,  sumnioiuMl  from  those  associated 
societies.  Then  what  follows  upon  it?— 
thuugh  the  thing  is  couched  in  phrases  that 
arc  a  lililc  ambiguous,  yet  no  human  being, 
judging  honestly,  can  doubt  the  meaning  of 
it ;  it  is,  th^t  there  shall  be  this conven lion,  to 
act  as"ii  iiun  of  the  people,  with  the 

power  ^  pie,  having  or  claiming  all 

civil  and  pomu  ni  authonty.-  Theprraoner  if 
sufficiently  involved  tftrea^ly,  If  such  a  conven- 
tion never  had  been  thought  of;  but  then  the 
two  societies  form  a  committee  of  correspon- 
dence and  co-operalion  for  the  purpose  of 
bringin;;  together  thnl convention,  which  they 
had  sai(j  was  tlie  only  mean  by  which  Oritons 
could  enjoy  their  hbertves,  or  protect  them- 
selves against  the  le^timale  government  of 
the  cotmlry,  including  La  it  their  pluKnicrcr*!, 
enemies,  and  oppressors. 

Gentlemen,  when  I  lay  this  evidence  be- 
fore you,  if  I  stopped  here,  1  should  br  glatl 
to  learn  why  this  is  not  a  step  taken  for  the 
eiecntion  of  such  a  purpose  as  I  have  lieforc 
stated-^ a  step  taken  for  constitulbig  a  htnly,. 
or  a  step  taken  towards  devising  the  rmans  of 
eonstituting  a  body  which  was,  like  the  c^cm^ 
vention  mentioned  in  the  speech  of  Barrirr, 
to  supersede  the  legislature,  to  depose  the 
king,  to  suffer  him  to  have  no  existence,  but 
what  Ibcir  good  will  and  pleasure  would 
allow  him,  against  the  will,  as  the  language  uf 
the  indictment  states  it,  and  in  defiarjcc  of  the 
authority  of  the  parliament — to  depose  the 
king — for,  if  these  people  have  the  sovereign 
power,  and  they  must  have  the  sovereign 
power  ujjon  their  own  principles— the  king  of 
England  cannot  have  it  in  ihe  manner  in 
which  it  is  vested  in  him  now.  He  wa?? 
bound  to  resist  such  a  project  as  this :  he  owed 
it  to  every  good  subject  in  his  C43untry  to 
resi^  it— he  was  sworn  to  do  it  by  the  solemn 
obligation  of  his  coronation  oath — you  cannot 
thereltire  contemplate  a  case  of  his  acting 
otherwise — the  kins;  being  hound  lo  re?iistancc 
for  the  security  oC  itie  subject,  aod  for  the 
sake  of  observmg  his  oaili,  for  the  sake  of 
continuing  to  rei^n  according  to  the  terms  6i 
that  oath,  accordmg  to  the  statutes  agrecii 
u}Hjn  in  parliament  SrSsembled,  and  the  law^ 
and  customs  of  the  same. 

But,  gentlemen,  I  do  not  slop  here  t  you 
will  im  also  that  ibece  wa&  ^  is£/itVxtvi^  >x 


363] 


35  GEOllGE  III. 


Chalk  Fann,  the  particulars  of  which  I  will 
not  state  farther  than  to  say,  that,  when  they 
arf  read,  you  wili  see  that  that  meeting  at 
Chalk  Farm  was  a  step  taken  in  the  farther 
proaecutiun  of  the  functions  of  that  committee 
of  co-operation — that  it  was  a  measure  taken 
for  ^c  express  purpose  of  trying  the  temper 
of  the  people,  of  seeing  what  ihcy  could  do  by 
Bumbcrs,  That  meetnig  was  held  in  April 
a79*»  and  it  is  very  romarkalde  thai  it  appears 
that  there  were  meetings  in  other  parts  of  this 
kingdom ;  more  particularly  it  appears  from  a 
letter,  found  in  the  possessionof  this  prisoner, 
that,  as  there  was  a  meeting  in  the  open  air  at 
Chalk  I'arm,  so  there  were  meetings  elsewhere 
—it  required  vigilance— it  required  the  inter- 
position of  some  strong  band,  by  parliament 
or  otherwise,  to  preserve  you  in  the  situation 
in  which  you  now  arc:  if  it  be  the  will  of 
these  persons  tliat  you  shall  not  remain  in  it^ 
it  h  at  least  the  duty  of  those,  who  are  to 
watch  over  the  country  as  long;  as  it  can  exist, 
that  it  shall  not  be  destroyed  by  any  fault  of 
Hieirs  :  but  you  will  find  there  were  meetings 
in  the  open  air  at  I^eds,  Wakefield,  Huddcrs- 
iield,  Bradford,  Birstal,  and  at  various  other 
pkces.  This  project  of  a  convention  had 
iHscn  communicated  to  many  parts  of  the 
country,  untl  too  many  of  them  nad  assented 
to  it;  not  only  assented  to  it,  but  it  will  be 
proved,  that  the  prisoner  senj.  a  circular  letter 
to  the  remotest  parts  of  tins  kingdom  (which 
I  will  now  lead),  for  the  purpose  of  assembling 
this  cunvention,  for  the  purpose  of  carr^'ing 
into  effect  the  project  uf  Inis  Hriiisb  Conven- 
tion, the  body  of  which  had  been  <lissipated, 
but  which  was  still  carrying  on  its  purposes  by 
measures  precisely  the  same  as  thobc  which 
had  existed  in  this  part  of  the  island. 

You  will  find  that  the  prisoner  writes  thb 
circular  letter  to  all  those  societies;  and  the 
addressing  this  circular  letter  lo  all  the  socie- 
ties, shows  that  the  convention  that  was  to  be 
called  was  not  to  be  a  convention  of  the 
people  t   '  '    '  !  I     ites 

aummo  rlie 

CnaraCtci     mi    ^    «   tLitm  cm  uni  vr    i  tur  in-njur." — 

**  Tlic  critical  moment  is  arrived" — mark  the 
difference  uf  language;  in  1793  the  time  u  noi 
yei  come^  tuen  are  not  virtuottf  nor  cattntgeous 
enough  ;  in  J 7 92  they  txptxUd  nothing  from 
parUwientt  in  1793,  they  expected  every 
ikin^ffi^m  the  «oc  itf^»V«  m  due  time ;  and  now 
tliey  assert  that  (he  due  time  is  come^  that  (he 
/utnesiof  time  u  come — "  the  critical  momr^nt 
is  ftrrived,  and  Britons  must  either  assert  with 
«!al  and  firmness  their  claims  to  liberty,  or 
yickl  without  rcsist^incc  to  tlie  chains  that 
niinisterial  usurpation  is  forgmg  for  them. 
Yillyou  oo<opcrute  witli  us  in  the  only  peaco- 
measurc^' — a  very  peaceable  meanife  a 


bearing  lacuoa  is  tlic  Kiog,  Lords^  and  Com-i 


Trial  of  Thomoi  Hardi^ 

mons  of  Great  Britain — *^  which  at  prcseci 
tramulcs  on  the  rights  and  hbcrtir 
people;  our  meetings  cannot  in  1 
interrupted  without  tae  previous  ad  iiu, 
convention  bill."    A  convention   bill  \ — ibii 
shows  the  reason  for  iheir  resolutions  in  Scot 
land  about  permanent  sittings,  and  the  meet 
ing  of  another  British  Convention,  and  fog 
their  language,  which  they  held  upon  ih 
20th  of  January  1794  ;  **  a  measure  it  is  uu 
duty  to  anticipate*'— mark  these  words—'*  on 
duty  to  anticipate,  that  the  lies  of  union  mn_  ^ 
be  more  firmly  drawn,  and  the  ^eiUimcnts' 
and  views  of  the  different  societies  thnouiiUoui 
the  nation  be  compared" — What  was    thcii 
object  in  this  circular  letter?     if,  when 
British  Convention  in  Edinbur]^h  sat,  the 
had  been  a  motion  tor  a  convention  bill  in  tl 
parliament  of  Great  Britain,  why*  their  obje 
was  then,  we  perceive,  that  of  being  rea/ly  i 
an   hour's   warning;    commuuic<ilmg  to 
parts  of  the  kingdom  to  tl^eir  delegates  1 
solemn  resolution,  which  bad  been  madei 
the    Britisli    Convention    upon    the    6th  ot 
November;  they  were  instantly,  before  the 
project  of  such  a  bill  could   in   pari  tame., 
ripen  out  of  notice  of  a  motion  into  a  bij 
once  read,  to  be  assembled  in  Edinburgh  * 
prevent  any  such  bill  passing;  they  feolemnl« 
vowed  to  each  other,  hand  in  hand, ; ,    ! 
ing  up,   to  give  the  greater  solenn 
declaration,  *'  that  the  moment  sikh  ^  um  :, 
that  was  introduced  into  parliament,    the 
would  resist  it  at  the  liazard  of  thr 
Then  what  did  they  mean  in  tli 
letter  ?  they  meant  thati  while  as;^^ 
expectation  of  a  convenUon  billn- 
wbilc,  as  yet,  no  notice  of  such  a  n  i  ^ji 

given  or  heard  of  in  parliament — that  u  wa 
their  duty  to  anticipate  what  parliament  migh 
possibly  think  of.  ilow  to  anticipate  itf- 
anlicipate  it  by  means  of  a  convention  asitj 
ing  the  character  of  a  British  Convention 
the  people,  but  delegated  from  these  societie 
to  sit  ntit  at  Edinburgh,  but  to  sit  at  a  plac^ 
as  YOU  will  find,  which  they  duri^t  not  name 
and  for  the  purpose  of  conducting  this  projo. 
with  moic  security,  as  you  find  Dy  this  leltcij 
to  sit  at  a  place  that  was  to  be  kept  secret,  li 
orrler  that  tlic  purpotie  might  not  be  disap 
fMiiuted,  **  A  measure,"  they  proceed,  sp 
ing  of  a  convention  bill,  **  it  is  our  duty  ^ 
anliiipale,  that  the  tics  of  union  may  he  moi 
firmly  drawn,  and  the  seuUroenls  "and  viov  , 
of  the  diftbreut  societies  throughout  the  natioC, 
be  compared,  while  it  is  yet  m  our  power,  so 
as  to  ^lidc  and  direct  the  future  opcnaions  o4 
the  fnends  of  freedom.  House  tiien  to  on  ~ 
exertion  more,  and  let  us  sliow  our  cuniiciou 
n^ss  of  this  importjmt  truth;  i  to  1 

beaten  down  with  threats,  pre 

'" — '   ■   ■ '"     -vc  arc  unwuttJi 

ne  mtivl,  komi-^ 

j.^ ...  ,  and  Austrian^ 

the  idea  '  >    from  ScotUtid  ag^ti' 

'»  aw   iitrc  1^  us,  and  if  we  lai»el^ 

cioud  of  thcj»c  armed  barbaria^ts 
u.  ^         ily  be  [Kiured  iji  upou  uj/* 


Jot  Kgh  Treason* 

Tte  imTOdiiftion  of  feick  men  into  Ihi* 
for  the  liumstne  purpase  of  giving 

V  which  ihtfy  could  not  Dblairi 
^  A  ii.l»ip»  is  made  the  pretext  oi' 
1  '^  that  •*  Hessians  ami 

>  among  us,  and,  if  wc 
I;  '    '  T^     '^  aniied  barba- 

f-  rr  Lit  ui  fortn 

ih  Lf  r   i.v   tition  ?  they  expre>sly  stale  it  to  be 

*  ^n  cf  the  people,  and  a  convention, 

'  assume  controlling  powers  over 

1  ure.    "  We  have  a  central  &iluii- 

V  ir  view,  which  we  hcUeve  wo\ild  be 
I  '  nienl  lor  the  whole  isbrnl,   but 

IT  to  mention  (enlreuliDc;  your 
i^  js  parlicular)  till  we  hHVo  the 

u(cr  ol*'^ — whom  ? — **  of  Ihe  societie?,  with 
;h  we  are  in  torre?<pondenco/*    What,   is 
\  I  1e?    or  of  liic 

3  r  of  a  conven- 

oi    iric    ^Knpicr     '■  Let    us    have  youf 
er  then**— Now,  give  mc  leave  to  ubiservc 
v-^.i.L  1 1...    -- .TT'cl  was  lo  being  carried 
-  have  your  answer  then 
...::jest,  earher,  if  possible, 
LTOVC  of  the  measure,  and  how 
-  you  can  send,  with  the  nuni- 
r  possible,  of  your  societies/* 
iNcn^  this  will  be  proved  to  you  to 
iTAvellcd  as  far  as  Strathavcn,  to  have 
frrf'ived  »herc,  and   delegates   to  have 
m  consequence  "of  the  solicita- 
:is  in  the  Uritish  Convention, 
November  1793,  this  great 
Nyt'  L'  lo'zether  a  body,  which  was 

p«it  un  cno  n  ;   "         '  ■  existence  of  parlia- 
it,  wai^  to  b  i]  by  a  secret  coni- 

ng'.(PtiaUon!*,  iVsassemblinj;^ 
u'hich  were  lo  bt?  taken  for  it, 
m milted  to  numbers,  a  secret 
iiitlie  wafi  then  [appointed.    This  letter 
ii^v— *'  fur  the  management  of  this  bustncsa 
[*  tfd  a  secret  committee:  you 

I*     _  i.ir  it  is  necessary  lor  )/gu  to  do 

Gcntlcmcni  the  next  proceedings  were  at 
"*   *'^  Farm,  In  these  proceedings,  it  appears, 
P  had  staled   to  the   Society  callecl  **  the 
bd$  of  tiif»  People,**  this  ineusure  of  a 
ntjoti ;  that  measure  the  I  riends  nf  the 
pit        V      !   to  agree  in.     You  will  fmd 
agree  ui  that  measure,  at  the 
tiiik;  .'k  ^^iialk  Farm,  when  it  was  staled 
tliic  Society  of  the  Friends  of  the  People 
"1  not  agree  in  it— indeed,  agree  in  it  they 
I  tiot — jou  vrill  find  whal  was  the  recep- 
nvhich  the  communicatioD  of  that  infor- 
on  met  with — an  universal  Eroan  from  a 
body  of  men.  amcinnlinir»  T  beheve,  to  a 
cmii«  iti  thoii^  r  ibled. 

Gcfillrm*^.  '  of  corrcspon- 

4eBcr  on,  yi)u  will  hnd,  met; 

•«  V  re  i^  in  the  hand-writing 

i    :t  note,  an  ac- 

!  ticy  met;  that 

cflc  oMJtc  nru  >i'p*  v^Wnuas  the  accomplish - 


ment  of  their  purposes,  ^vas  a  comm\micatioii 
of  the  corrci^pondences  of  live  coinitry  boi  leties 
lo  tliose  who  wtrc  lo  be  the  delcg,ites  of  tl^ 
Constitutional  bociety;  but  Iht:  meeting  wa9 
brok*;  up  by  tlie  apprehension  of  t  ^^f 

and  otlit^rs,  whictj  has  led,  as  I  Lt  d^ 

to  t^-  ulion. 

<  .1  have  before  told  yoii  llat  I 

coiictiv^ .,  ,u  was  competent  for  me,  as  indeed 
I  apprehend  without  question  it  is,  afiei  prov^ 
ing  tiw  f  nnsiijrairy,  tosb'^^v  r^*- n  induct  of  the 
pei  svere  pari  conspiracy, 

m  f  e  of  tiic  '       ,       ji  when  it  le 

proved.  You  will  &nd  that  one  of  the  persons 
who  attended  the  meetmg  of  the  20lh  of 
January  1794,  and  who  was  a  very  active 
member  of  the  London  Co rres ponding  Society, 
and  likewise  one  of  the  cotnmittee  of  cone^ 
poudcnce  and  co-operation,  which  I  have 
alluded  to  as  the  hnal  act  of  this  busini 
give*i  hiniaelf  this  accxjimlof  the  transacij* 
of  the  20lh  of  January  1794,  and  of  other  ci^ 
cumsUncesi  this  is  Mr.  Tbelwall. 

*^  It  is  with  infimte  satisfaction  tliat  at  last 
I  received  a  letter  from  you ;  it  was  brought 
tJiis  morning  by  citizen  Ix'C,  and  has  been 
delayed,  I  understand,  this  fortuighl  at  Ro- 
thcrhithe  by  b>ome  accident. 

**  1  am  too  well  acquainted  with  mankind 
to  be  surprised,  too  much  of  a  philosopher  to 
be  angry  at  the  abu-ic  and  misrepresentation 
of  mistaken  men  ;  but  1  shall  endeavour,  as 
I  wiih  lo  preserve  tlie  eood  opinion  of  a  man 
whom  1  remember  with  esteem,  lo  send  you 
such  printed  documents  as  will  prove  to  you 
that,  instead  of  having  deserted  the  cauie  of 
liberty,  I  have  redoubled  roy  zeal,  and  that 
there'  is  not  at  this  lime  in  England  a  mar* 
that  goes  bolder  lengths,  and  exposes  himself 
to  more  danger,  in  the  cause  of  liberty,  thaa 
myself.  I  have  been  for  four  or  five  months 
past  ahnost  the  sole  labourer  upon  whom  the 
iatigue,  the  danger,  and  the  exertions  of  the 
London  Corresponding  Societies,  the  onl/ 
avowed  Sans  Culottes  in  the  metropolis,  have 
rested ;  and  have  been  otherwise  so  active  tn 
the  cause,  as  scarcely  to  tiavc  passed  a  w^eek 
without  threats  and  conspiracies  from  the 
goverimient  and  its  purblind  adherents. 
Ever  since  the  famous,  or  infamous,  call  il 
which  you  will,  proclamation  ot  November, 
1792,  I  have  been  frequenting  all  pubUc 
meetings  where  any  thin^  could  be  done  or 
expected,  have  been  urgmg  and  stimulating 
high  and  low,  and  endeavouring  to  rally  and 
encourage  the  friends  of  freedom.  I  have 
been  constantly  sacriucing  interest  and  secu- 
rity, oticndinc  every  personal  advantageous 
connexion,  till  ministerialists,  oppositionists, 
and  moderces,  hate  me  with  equal  cordiality, 
and,  if  I  may  judge  by  their  conduct*  feitr 
me  as  much  as  they  hate. 

'*  For  these  four  months,!  have  been  giving 
political  lectures  «id  printing,  and  spproprir* 
atiDg  the  whole  receipt i,  till  trie  la  ^  ^  iit, 

to  the  support  of  our  delegates  to 
Conveutiottj  for  the  history  of  whicu 


) 


367J 


35  GEORGE  IIL 


Piocii 
ibo] 


refer  you  to  citizen  Talbol,  whom  I  have  nol 
seen,  but  whom  I  hupc  to  see  beloro  he  leaves 
EnEland.*' 

Uc  then  gives  an  account  of  the  meetings 
I  have  been  stating  to  you,  and  of  his  lectures ; 
then  he  says^ 

"  Adieu.  I  will  collect  together  what  po* 
litical  papers  I  can,  to  send  to  you  whtJti  I 
can  find  leisure.  Do  write  to  me ;  kt  roe 
know  something  about  the  ttlale  of  politics  and 
lety  in  America.    I  feur  you  are  somewhat 

lOrt  of  the  true  Sans  Culolte  liberty;  that  you 
liave  too  much  veneration  !br  property,  too 
much  religion,  and  loo  much  law." 

*•  I  fear  you  are  somewhat  short  of  the  true 
Sana  Culotte  liberty.*'  Now,  tliat  is,  that  you 
have  too  much  veneration  for  properly,  too 
much  religion^  and  too  much  law. 

Gentlemen,  having  now  gone  through 
the  written  evidence,  I  am  to  state  to  you 
some  other  circumstances.  I  have  not  indeed 
utated  all  the  written  evidence,  becausiie  you 
will  have  written  evidence  laid  before  you  of 
stimulations,  under  singular  pretexts,  to  these 
societies,  to  arm  themselves.  You  will  find, 
for  instance,  that  if  a  debate  liappened  in 
that  parliament,  where  they  meant  hereafter 
to  suffer  no  debate,  about  the  Ilessitms  and 
Hanoverians,  they  cirrulaled  among  them 
papers,  and  it  will  be  brought  home  to  thoi^e 
vr'iih  respect  lo  whom  it  is  stated,  to  this  effect 
— "  Tlie  ins  tell  us  we  are  iti  danger  of  in- 
vasion from  the  French  :  the  ouls  tell  us  tliat 
we  are  in  dani^er  from  the  Hessians  and  Ha- 
Tiovcrians:  in  either  case,  we  should  arm  our- 
selves. Gel  arms,  and  learn  how  to  use 
them." 

You  will  likewise  find,  upon  this  part  of 
the  case,  tliat,  after  the  dispersion  of  the  Bri- 
tish Convention  In  Edmburgh,  after  it  was 
seen  that  the  law  of  this  country  was  strong 
enough  to  beat  down  a  conspiracy  of  that 
kind,  acting  by  iheir  mere  naked  numbers, 
that  it  became  then,  in  (heir  opinion,  netes- 
sary  to  tlie  aceomphshmeutof  their  purpose^ 
to  act  with  arms. 

Now,  j^entlemen,  where  a  general  conspr* 
racy  of  this  aort^  amonz  affiliated  societies, 
existed  in  Scotland,  Sheffield,  Norwich,  Man- 
cbeitler,  and  various  parts  of  the  king- 
dom, ail  aiming  at  the  same  end,  all  acting 
ii|M>n  the  same  principle,  all  involved  in 
the  same  project  of  having  a  convention 
from  the  different  parts  of  the  united  king- 
dutns,  it  is  natural  that  ihey  should  think  of 
arrus:  but^  if  the  conspiracy  did  not  exist, 
it  would  seem  a  verv  odd  thing  that  it 
biiould  happen  in  fact,  that,  in  these  different 
jiarts  of  the*  kingdom,  in  Scotland,  in  Shef 
neld,  and  in  London,  wc  should  find  uepsons 
prepwing  arms  of  a  sort,  and  of  a  tienomi- 
tuitiuu,  which  of  late  years  wo  have  nol  heard 
of  in  Uiis  country,  except  as  existing  in  France, 
aod  esceDt  as  »laied  in  a  letter  from  France, 
wiiteb  I  ojive  read  to  you. 

iiuty  gemlemenf  joo  will  find,  from  the 
cirldenci^  I  Invt  U>  mtt^  «ml  indeed  it  is  not 


Trial  ofTftomas  Hardjf 

surprising  that  you  should  so  find — after  I 
shiill  tell  you,  that  in  llie  j^h5<  kr  r  ..♦  *\n*- of'Hii* 
parties  tn  this  conspiracy,  an^  a 

in  divisions  in  the  London  Ct  i  "so- 

ciety, were  papery  importing  that  upoii*  the 
1st  of  April,  1794,  was  lo  he  ptr  formed,**  The 
(iuillotine,  or  George's  tfead  in  a  B.t^kct  ;•* 
papers  in  which  tire  sacred  person  or  the  king 
IS  so  spoken  of,  and  in  which  dl  orders  of 
men,  under  ludicrous  reprcsent3*tion'*  of  them 
to  their  couniryj  were  doom^tl  i -irons, 

and  to  suspension ;  after  I  sti  ti.  that 

I  am  instruckd  thai  Mr.  imiwaii  could. 
when  retiring  from  Chalk-farm,  lake  a  pot  of 
porter  in  his  hand,  with  a  knife  lake  on  the 
head,  and  say,  *•  Thus  1  would  sen'e  dl 
kini^s;"  if  you  should  fii>d  siR'h  language 
used,  I  am  persuaded  you  will  not  he  surprised 
to  find  pikes  in  the  hands  of  the^e  men  and 
tlieir  associates — to  find  muskets  in  ibe  bauds 
of  thcive  men  and  their  associates.  Po  not^ 
gentlt^men,  lei  us  be  misled  by  the  great  doc- 
trine of  the  Rill  of  Rights,  that  evi?rv  tu^iq 
has  a  right  to  arms  for  his  oiJ»n  p» 
he  has  witliuut  question  a  right  tc^ .  yx 

arms  for  his  own  defence ;  hot  tht 
fore  a  jury  will  be,  iot  what  purp  ,c 

the  arms?  If  he  attempts  to  shv  liiat  he 
had  them  for  his  own  defence — If  had  he 
them  m  fuel  for  a  worse  purpose,  the  attcmpf 
to  colour  the  iact  makes  the  fcii  more  cri- 
minal. 

Gentlemen  of  the  j»rry,  you  m\\  find  that  ^ 
Mr.  Vorke,  in  the  month  of  November  I7UV 
will  be  proved  to  have  been  at  one  of  the  di/ 
visions  of  the  London  Corr<^spondi«g  Soctcty|^ 
stating,  that  he  was  going  amoo;>  thtr  sons  of 
liberty  into  Belgium, "to  bring  mlo  this  couri^ 
try  the  true  friends  of  liberty.  Yon  will  fintf 
that  he  wa«  a  member  of  the  London  Com^ 
pending  Society,  and  constituted  a  delegate 
of  the  Conslitolional  Society  to  Scollam}^ 
thai  he  has  been  propagating  at  Sb'  :^  '.^  tTic 
same  doctrine,  as  his  brother  asscw  1 1: 

propa^liuK  in  London  :  that  ho  ^-^-^  .nrrc 
directing  t£e  form  ui  which  pikes  should  be 
made,  to  persons  who  were  to  makf  —r "  .«,, 
strumenls;  that  the  persons  at Sh*  r 

into  a  correspondence  with  the  i  it 

the  bar;    that  they  inform  him  fi 

pikes  are  made;    that  he  deliver- 
tion  to  persons  of  the  Correspond!:  „ 

in  onler  that  they  may  furnish  (  , ,  es 

with  these  instrumenls;  and  that  the>  wetts 
to  be  furnished  from  Sheffield  tu  a  place  hcre^ 
I  think,  the  Parrot,  in  Green  Arbour  alley, 
or  some  other  place  in  this  lown;  and  that^ 
if  the  apprehciisioii  of  these  per^rj  ^  '  ;  ta 

at  .Sheffield,  liad  nol  put  an  end  to  r 

execution  of  the  project,  llicre  wuuhi  ^mv^ 
been  a  lar^e  iinportttUon  of  these  pikr^  dsl^ 
this  part  ot  iht*  i"n,,JofTT 

Gentlemen,  !< 

fortl'  :'i 

abovv^"^^  I '  ■  I.. ,    ,.  ■       ■•— '  '  'o  "       '  '^J 
exercsM^  wiu»  logmved  by  a  Mr.  \V  wrsiiipj 


JirHigh  Treasm* 

~mtmhet  of  »  tn    You  will  finrt  that 

thfr?  w»^  H  '  >ciety  in  Lamhclli,  sind 

Hoi  burn  j     they  were 
iijgs,  I  ailmil;  butthefc 
V.  L)c  ^u  in  iheir  beginnings ;  and 

y.  irJ*  thiit  the  prisoner  at  the  bar 

I  mess  of  the  iiime  of  Etlwards,  a 
whom  touljlain  pikcsatShefHeld. 
..    •«   '  »!i^r  wil«es%  who  vill  be 
r  -  a  gun -engraver  in  the 

1  .:>  for  t lie  use  of  these  SO- 

CK t;.  I  li»  an  (J  in  Turnstile,  with  an 

thill  he  should  not  be  era- 
>r  hiniH'lf  bccume  a  member 
Yoir  will  find  arcordni^ly 
n.     You 
T  places. 
1   ^ivr  )o:i   tlii:>  oulhuc  of  thw 
cvidcnec,  briKii^'e  \  do  not  wish 
»rf:   hitr.   thi     (Mrlii  ii!^i;^.    than  to 
'1-  1  .!    II  .;■!>  ---;'!■    Ml    rio   nature 
^  i  h:»vi-  hi  l,iy  iM.iure  jrou. 
wive  see,    what    is    natural 
'    *^hrn  you  find  in  the  book 
^tilutional  Informalion, 
J     e  covild  think  of  gU'ing 
ooUct,  jkild  move  "  that  two  books 

should  til,  one  of  Ihem  (bound   in 

Uuk)  m  wlucii  ?»huukl  be  entered  all  the 
tfiormtttf^  of  tttosc  who  deserve  the  censure  ; 
iiT  the  nrerits  of  those  who  de- 

if?  of  Ihe  sotiety/'     You  wilJ 
r^  !  :  I    1     I,  ir  vai  shotild  find  persons 

iii  "livj  :ii:,ili;i '.ri'j  :-i,i  .  !i,  -^  q(  lower  Jescrip- 
ti0ii9|  r*oidih  about  8ci7/tn«  the 

nation;    it  yim 
-   runver^tions 
tlhstn  >   the  lIouT^c 

XV.  u...  uy  which  they 

'IIS. 

itTpmcn  of  the  jury,  I 
before  you,  sub- 
.  e  to  you,  calling 
")n,  to  a  great  part 
witnesses,  whom  I 
>uu  w^l)  find,  were  persons 
rnmput  to  watch  over  ihe 
lid  who  there- 
ncui'f  of  such 
niMjnif-.  \    I,       '  '-'HS; 

I  scHftfiiii  .:  to 

•  ..1 1 1  itiiij^  lu  i]  ij^'j^ree 
n    can  destribe,  if 
iucnl  been  in  the 
vc  been,  if  these 
'  I  ►  actual  exertion. 
n  tuld  they  had  got 
iron  instrumental 
,  which  llicy  call- 
M>tild  imracdiilely 
fh  of  horses 
I'cts  going  on 
or  any 
ummnu 
II  If-  in  for  ma- 
been  able  to 
'-    vcre  me- 


A.  0.  1?M. 


[370 


IV. 


1" 


ditatlng,  and  ht  would  liave  been  answerabii 
for  ii. 

Oentlctnen^  it  is  the  great  province  ofs 
Britii^h  jury,  and  God  forbid  tliese  prisoner 
should  hot  have  the  benefit  of  the  reilcctJofl 
that  Bntish  juries  are  able  lo  protect  us  all- 
are  able  to  sift  the  character**  of  ui' 
to  determine  what  credit  is  due  to 
tcnin;*  to  men  of  good  character  wi;,i,.vi:  ^mivJ 
imp^cs^ion  against  their  evidence— hstenin 
to  men,  such  a*  I  have  staled,  with  a  Stron 
impression  against  their  evidence;  Ihat  in 
pression,  however,  to  be  beat  down  by  thd 
concurrent  unsuspicious  testimony  ansiua 
out  of  the  rest  of  the  case,  if,  upon  the  who 
voii  shall  find  the  cose  to  be  made  out  as  j 
have  slated  it  lo  vou.  , 

Genllemenj  I  forgot  to  mention  to  you,  thai 
you  will  hkewisc  find,  about  ihe  time  that  this] 
eonvi  1'  tJilked  of,  that  there  was 

new  51  framed  for  the  Correspoffc*| 

din£  1  which  they  speak  of  a  roy 

ist  u  V  to  the  liberties  of  hiii  eounir 

—ol  V*  .....>,». Uc,  as  a  friend  to  the  libertie 
of  his  country;  and  you  will  find,  that,  in  i 
constitution    again  revised ,   the  whole    wi 
thrown  into  a  scheme,  and  into  a  systeiirj 
which  was  to  add  physicat  stren-^th  lo  ttif 
purposes  of  that  convention,  ^v '  1  sulj 

init  to  you,  to  a&sumeall  civil  .>  vl  au 

thorily. 

If  you  find  all  th^e  thin^^s,  and^  if  tmde 
the  direction  of  tliat  wisdom  that  preside 
here,  with  respect  to  which,  geullemen,  Iq 
me  say  again,  that  llic  iilujtion  ol  Ihin  cuufl 
try  is  indeed  reduced  lo  a  most  miserable  onfl_ 
if  the  rcyject,  which  is  due  to  the  a<huini*-" 
t  ration  of  the  law,  is  su  fie  red  to  he  ucakeucd 
hi  any  manner,  if  the  respect,  which  is  due  lo 
the  arl ministration  of  the  law,  that  admmis- 
tratioo,  which  perhaps  is  the  best  fealure  of 
the  constitution  under  which  we  live,  is  de- 
stroyed, miserable  iudeetl  mu^t  be  the  situa* 
lion  of  your  country  I  If  you  firwl  under  that 
direction  that  the  caae,  being  proved  in  fact, 
is  also  made  out  in  law,  you  will  do  thai  on 
behalf  of  the  public  which  is  dxie  to  yourselves, 
lo  the  public,  to  your  posterity,  and  theirs. 

Bui  on  the  other  nand,  if,  after  hearing 
this  case  fully  stated,  and  attempted  to  be 
fully  proved,  you  stioutd  be  of  opinion  that  it 
is  not  proved,  or  you  should  be  hnally  of  opi- 
j»ion  that  the  offence  is  not  made  out  ao 
cording  to  the  hallmted  interpretation  of  the, 
statute  of  BdwMcl  Jrdj  I  say  then,  in  thtl 
conclusion,  I   ioin,  from  my  heart,  in   th©| 
prayer  which  tne  law  makes  on  behalf  of  thai 
prisoner,  God  feend  the  prisoner  a  safe  delf 
verauce  j 

EviDENCS  rOR  TBE  Ciowir. 

Mr.  Thoma%  Madtan  sworn.— Examined 
Mr.  iJOTrer. 
What  are  you  ?— One  of  his  majesty'^  mc 

sengers. 

Did  you  at  any  timej^o  to  the  lloute  of  | 

Mr.  Dauiel  Adalna? — I  did. 
S  B 


(h 


SS  GEaHG-E  IfL 


Trial  ofTlionms  Hardy 


Lsn 


(•When  did  >ou  go  U>  Mr.  Adams's  ItoMse? 
On  the  12th  of  May  last. 
f^Btfi  you  seize  any  books  or  papers  tlierc  ?— 
JDllt  books  and  ftapcn. 
I  What  did  you  do  with  them? — I  kept  ihem 
I  my  owQ  possession  till  I  had  marked  them 

•  Look  at  this  letter,  signed  T.  Hardy,  and 
h  me  whether  it  is  one  of  the  papers  you 
'«ed  in  Mr.  Adams's  house  ? — It  is. 


Mlerander  Grant  sworn. — Examined  hy 
B<neer, 


Mr. 


te 


Do  you  know  the  prisoner  al  the  bar,  Tho- 

;s  Hardy  ? — Yes. 

Have  you  ever  seen  him  write? — I  have  seen 

m  write. 

Do  YOU  know  his  hand- writing? — Yes. 
Look  at  that  letter,  and  lell  me  whether 
lu  believe   it  to  be  the  prisoner's  hand- 
ting  ? — 1  never  saw  Uiis  letter,  so  I  cannot 


D03 


>  you  or  not  believe  it  to  be  his  hand* writ- 
ing?— I  cannot  take  my  oath  to  it. 

1  am  not  asking  you  to  say  certainly,  but 
according  to  the  best  of  your  belief  is  that 
his  hand-writing? — I  cannot  take  upon  me 
to  swear  that  it  i?i  his  hand- writing. 

You  arc  not  asked  to  swear  that  it  is  his 
hand-writing,  but  wlielher  you  believe  it  to 
be  his  hand- writing  ?— I  believe  it  to  be  hia 
I    «.liand,  but  1  cannot  swear  it 

^ft  [The  letter  read.] 

^^bo  the  secretary  of  the  Society  for  Con* 
^H  atitutiona]  Information. 

^^  '^  M4irch  27,  1794. 

"  Ciiizeti ; — I  am  directed  by   the  London 
Corresponding  Society  to  transmit  the  foUow- 
tng  resolutions  to  the  Society  for  Constitu- 
"unal  Information,  and  to  rerjuest  the  senti- 
ents  of  that  society  respecting  the  impor* 
nt  tucasures  which  the  present  juncture  of  J 
airs  seems  to  require.    The  London  Cor- 
sponding  Society  conceives  that  the  moment 
f  arrived  when  a  full  and  explicit  declaration 
^  necessary  from  all  the  friends  of  freedom, 
.her  the  late  illegal  and  unheard-of  pro- 
j lions  aad  sentences  shall  dt^termine  us  to 
undon  our  cause,  or  shall  excite  us  to  pur- 
;  a  radical  reform  with  an  ardour  propor- 
Dned  to  the  magnitude  of  the  object,  and 
^th  a  zeal  as  distinguished  on  our  parts  as 
treaciicry  of  others  in  the  same  glorious 
[1^  is  notorious ;  the  Society  for  Constitu- 
pual  Information  b  therefore  required  to  de- 
rm inc  whether  or  no  they  will  lie  ready, 
ben  cnllcd  uponi  to  act  in  conjunction  with 
lis  and  other  societies,  lo  obtain  a  fair  rcpre- 
klititiau  of  the  peuple  ;  whrthrr  they  conntr 
ilh  US  in  seeing  ihr  neri  vdy 

l)nvf«ntmn,  for  the'  piirptj^'  ri  a 


responding  Society  cannot  btrt  remind  the 
friends,  that  the  present  crisis  demands  i 
the  prudence,  \manimity,  and  vigour,  th 
ever  was  or  can  be  exerted  by  men  and  Brii 
tons;  iLor  do  they  doubt  but  that  manll 
firmuess  and  consistency  will  finally,,  antf 
they  believcj  shortly  terminate  in  the  full  ac^ 
complishment  of  all  their  wibbcs.  I  am,  feE 
low  citizen  (in  my  humble  measure) 
friend  to  the  rights  ot  man, 

"  T.  H4aDY,  secrctaiy, 

"  Resolved  unanimously,  1.  Thai,  dear 
justice  and  hberty  are  to  Britons,  vet  the  ' 
lue  of  them  is  com parii lively  small  without! 
dependence  on  their  j>ermaneucy,  and  tin 
can  be  no  security  for  the  continuance  of  3 
fight  but  in  equal  laws, 

*^  2.  That  equal  laws  can  never  be  eiepecU 
but  by  a  full  aud  fair  representation  of  llie  pco 
pie ;  to  obtain  whith^  in  the  way  pointed  out  bj 
the  coustitution,  has  been  and  is  the  sole  o^jt 
of  this  society  ;  for  this  we  are  ready  lo  \m 
every  thing,  and  never  but  with  our  lives  wi] 
we  relmquish  an  object  which  invojixs  tb 
happijiess,  or  even  the  political  existence, 
o  urscl V  e  s  and  pohiv. rily  * 

*•  3.  That  it  is  the  decided  opinion  of  ihi|j 
societv,  that  to  secure  ourselves  from  fiiUti 
illegal  and  scandalous  prosecutions;  to  pn 
vent  a  repetition  of  wicked  and  unjust  sen* 
teoces,  and  to  recall  those  wise  and  wholcsomo 
laws  that  have  been  wrested  from  us,  arid  < 
which  scarcely  a  vestige  remains,  there  ough 
to  be  immediately  a  convention  of  I'i^ 
by  deicijatcs  deputed  for  that  pu5 ,  ij 

the  diflcrent  societies  of  tlie  friends  ut  trcfj, 
dom,  assembled  in  the  various  parts  of  th^ 
n.ition,  and  we  pledge  ourselves  to  the  puti^ 
lie  to  pursue  every  legal  method  speedily  to 
accomplish  «o  desirable  a  purpose. 

**  Postscript.  I  have  to  inform  vou,  that  • 
general  meeting  of  the  society  will  be  holdeo 
on  Monday  the  i4th  of  April,  the  placo  Uihfi 
announced  by  public  advertisement." 

Mr.  John  Gumell  sworn, — Examined  by  Mr. 

You  are,  I  believe,  one  of  his  majcs^f 
luessengers  ? — Yes. 

Did  you  at  any  time,  and  when,  go  lo  the 
House  of  Mr,  Hardy?— I  went  with  a  wat^ 
rant  from  the  secretary  of  state  on  the  ISth 
of  May  in  tlie  morning. 

Did  you  seize  any  papers  or  books  there f— 
We  seized  some  papers  in  a  back  room  lii<>' 
hind  his  shop. 

Did  you  mark  the  papers  you  bad  seind  i 
— Yes. 

Is  this  one  of  the  ptpert  you  seised  ^*» 
Yes. 

To  AittendfT  Omni, — T^  thi§  the  prisoncr'a 


JlKAl.     iJitt.iJU*        1  iir     i^UlJUUil     VUI- 


it  19  tushand-v 

a,\*  I  ,11  uuit  it  is. 


373}  Jor  High  Treason* 

XThe  paper  read] 

*'  Friday,  April  4,  1794. 
^  A  conference  with  the  Society  for  Gon- 
Infurraaiion, —  present,    Daniel 
ii«  «ccrelary»  Mr.  Kyd,  Mr.   Holcroft, 
I,...,     Mr.    VVariJIe,  and    Mr.    Sharp. 
3  ^n-esponding Society ,^Mr.  Moore 

y,..iir,  Mr.   Bjxter,   Mr.  Loveti,   Mr. 
m,  Mr/riiclwall,and  Mr.  Hardy,  se- 
A  (notion  for  com  muni  eating  lo  the 
c  ihe  letters  of  communication  from 

t'  ^  in    the  country  to  the  London 

t  tv;   resolved,    that    the 

*!  i  to  communicate  all  the 

<i  tiicy  can  at  the  next  meeting,  re- 

L  L  state  of  the  different  societies 

4>-gcLtU_^(j  lor  obtaining  a  fair  representation 
cf  the  people.    Adjourned  to  Monday  even- 
flte^NV.  -^   "       '    *  'mi  Id  ings,  in  the  Strand.*' 
Is  I!  inickout? 

Mr.    ^   r r."/r  —  i^,/L»iiison's  coffee  house  is 
it7\jckoot^  and  No.  ?,  Deau fort- buildings  is 
"ncrlcd  m  a  different  hand. 
^Mr,  Macieua.—l  found  this  letter  at  Mr. 

Ak^andtr  Grant  said  he  believed  it  to  Ln; 
ihf  prisoner's  hand-wrHing. 


A,  D.  179*. 


1374 


"  To  citixcn  Adams,  secretary  to  the  Society 
for  Conatilutjonal  Information. 

"  Anril  (he  UHh,  1794. 
*****  "'^^^-'d  by  Ihe  committee  of  dele- 
tion Corresponding  Society 
iru    t,..   f/ouslitutional  In- 
otthc  resolutions 

London  Corresponding  So- 
rt (five  per^ja<i)  to  put  in 
fnOii^^  he  second  and  tlurd  re- 

ttMioft  Utce.'' 

Mr.  lkci^,'.=^,My   lord,  we  read  these  two 
pftn  for  the  sake  ot  bnngmg  these  parties 
'  tf  T   tjhall  produce  the  papers 

:icr'&  aistody, 
Jimfi   Kturncll. — 1  found  this  paper  in 
tbe  piiMtficrS  house. 

Ai£^mmder  Grant  said  he  believed  it  to  be 
IIm  imiOGr's  liand- writing. 

[The  paper  read.] 

"A  parliamentary  re  lb  rm    is  that  which 

oi  aJI  i>Uier  thingt^  in  our  opinion,  deserves 

tbe  Bitmtion  of  the  i»ubhc,    We  are  more 

coQvinccil,  hy  evcrjr  day's  experi- 

Mw  lliat  Uie  restoring  the  right  of  voting 

~^"      *''■    '         —      r    -;    not  incapacitated 

M,  or  by  lavv  for 

,  i.,  ^♦*,**L..  \Lugelher  with  an* 

Eisi)  in  4b«  only  reform  ihait  can  be 

I  and  permanent.     A^  Providence  has 

icd  men  in  every  station  with 

ijary  for  judL'ing  ol  wlml  coo- 

'  ^rm*  liictus'  vhal  strange  tliat 

tbemultitt^*  a  few,  with  no 

*  kir  Yn,  to  tisuapthe 

lij  :  j;;  theut  without 


'*  It  has  has  been  a  long  and  very  just  com- 
plaint, that  a  very  great  majority  of  the  peo^* 
p!e  of  this  country  arc  not  represented  in  pap  ' 
[lament ;  that  the  majority  of  the  repre&enta* 
lives  of  the  whole  nation  are  chosen  by 
number  of  voters  not  exceeding  tuelve  th 
iand.    Many  large  and  populous  towns  hav 
not  a  single  vote  Tor  a  representative,  such  t 
Birmingham,  containing  about  40,000  inha 
bitants,    Manchester    above    30,000,    Leedj^ 
above    20,000,    besides   Sheffield,  Bradford, 
Wolverhampton,  Halifax,  &c.  6rc. 

"  Let  us  look  at  the  metropolis,  and  see 
what  a  great  majority  of  the  inhabitants  have 
not  a  single  vote.    Those  facts  are  sohd  cvi-^* 
dences,  therefore  need  no  comment.    The 
views  and  intentions  of  this  society  are  to  col* 
lect  the  opinion  and  know  the  determination 
(as  far  as  possible)  of  the  unrepresented  of  the 
people.    They  certainly  are  the  persons  raos 
aggrieved,  ana  have  the  greatest  right  to  como  t 
forward  hke  men,  and  say— Give    us  ouitf 
RiOHTs ;  and,  if  they  are  united  and  firm^ 
where    or  who  are  they  that  dare    oppose  ^ 
them  in  their  determinations  ?  ^ 

•*  From  these  considerations  we  have  come 
to  the  fttllowrng  RESOLUTIONS: 

'*  1 .  That  a  wtety  be  instituted  under  the . 
title  of  the  Co^bponding  Society,  for  restor- 
ing the  righ^^ihe  unrepresented  people  of' 
Great  Britaiii. 

"  3.  That  each  member  shall  pay  at  leatt 
one  penny  per  week  towards  the  expense  of' 
the  society. 

"  3.  That  as  soon  as  twenty  members  shall 
be  associated,  a  general  meeting  shall  be  call- 
ed, at  which  the  laws  and  regulations  neces- 
sary f<jr  the  good  government  of  tlie  societ/ 
shall  be  establislked,  and  such  officers  appoint- 
ed as  may  be  thought  necessary.— ['Aii  r«o- 
lulion  was  ft  ruck  out.'] 

"  4.  That  a  committee  be  appointed    to 
correspond  with  any  and  every  society  that 
may  be  formed  in  Great  Oritain,  with  a  view  ' 
of  promoting  the  objects  of  this  society.  • 

**6.  That  no  person  bhall  be  proposed  tobe» 
amember  of  tins  f^ociety  (after  the  tirst  gene-* 
ral  meeting)  unless   he  be  recommended  by « 
one  member,  and  the  proposal  seconded  by 
another. — [Tftis  resolution  uat  ttruck  out!] 

"  6.  That  each  member's  name  and  place 
of  abode  be  entered  regularly  in  a  book  kept 
for  that  purpose. 

**  7.  Ihat  all  proceedings  of  the  society  and 
its  commiilce  be  fairly  transcribed  into  pro-. 
per  books  lor  that  purpose,  by  the  secretary, 
from   the  rough  minutes,  against  the  neit 
meeting  of  the  society  and  committee. 

•*  8.  That  no  one  be  admitted  a  member 
undertime  age  of  twenty*one  years,  xior  toy 
who  has  not  resided  in  Great  Britain  for  one 
year."  « 

Mr.  Shetton. — ^This  follows  in  aoothor  hand. 
'« The  society  divided  into  dosent,  not  to  < 
exceed  twenty.      New  members  to  be  ad- 
rrutted  in  each  division  of  the  society  by  a 
nmonly .    When  seven  members  ut  prcscut , 


375]         35  GEORGE  m. 

the  delegate  and  chairman  of  the  dWision  to 
be  necessarily  one  uf  the  electors.*' 

'  Mr:  Edward  Lauzun  sworn — Examined  by 
Mr.  G arrow. 

You  arc  a  king^s  messenger? — One  of  his 
m;^esty*s  extraordinary  messengers. 

Did  you  go  to  the  house  of  the  prisoner  ? — 
Yes. 

When?— On  the  12th  of  May. 

Did  you  seize  any  pa)>crs  ? — Yes ;  a  vast 
duanlitv  of  papers.  I  marked  every  one  of 
the  pa{fers. 

Look  at  that  letter ;  did  you  find  that  in 
the  house  of  the  prisoner  ?— I  did. 

Alexander  Grant  said,  he  belieyed  it  to  he 
the  prisoner's  hand-writing. 

Copy  of    a  letter  to  Mr.    Buchanan  at 
Edinburgh. 

«  Sir ; — I  am  directed  by  the  London  Cor- 
responding Society  to  send  a  few  copies  of  their 
adaress  and  resolutions  to  the  Society  for  a  Re- 
form of  Parliamentary  llcpresentation  at  Edin- 
burgh ;  likewise  I  have  to  inform  you  of  their 
wish  tu  enter  into  correspondence,  and  be  in 
close  connexion  with  your  society :  as  our  cause 
is  one,  our  sentiments  ought  to  be  known  to 
each  other,  and  act  with  one  heart  in  a  matter 
of  such  vast  importance.  We  tegan  this  so- 
ciety last  January ;  and,  since  we  published 
our  declaration  and  resolutions,  we  have  in- 
creased so  rapidly  in  number  and  respecta* 
bility,  that  we  were  under  the  necessity  of 
dividuig  into  different  companies  to  meet  at 
separate  houses,  and  each  division  sends  a 
deJeeate  to  meet  as  a  committee,  to  transact 
the  business  of  the  whole  society.  The  in- 
dorsed papers  will  inform  you  more  fully  of 
the  principles  we  set  out  u{K>n.  Be  so  good 
as  to  deliver  them  to  the  president  or  secre- 
tarj'  of  your  society.  As  1  know  you  to  be  a 
friend  of  freedom,  you  will  endeavour  to  pro- 
mote a  union  between  the  two  societies;  for, 
by  uniting  tof;pther,  we  shall  become  stronger, 
and  a  three  fold  cord  is  not  easily  broken. — I 
am,  sir,  with  great  respect,  your  most  humble 
Servant,  Tuomas  IIahdy,  secretary. 

«  August  the  20th,  1792." 

Mr.  Lautvn. — ^lliis  is  one  of  the  papers  I 
seized  at  the  prisoner's. 

Alexander  Grant  said  he  believed  it  to  be 
the  prisoner's  hand- writing. 

"  Mr.    Samuel    Jackson,    secretary,  to  the 
Manchester  Constitutional  Society. 

"  Sir; — ^I'he  London  Corresponding  So- 
ciety has  this  day  directed  me  to  acknowledge 
the  rccei|)t  of  your  favour  of  the  14th  of  May, 
and  to  return  their  thanks  to  the  Manchester 
Constitutional  Society,  for  the  readiness  they 
express  tu  enter  into  acoircspondeuce  with  us, 
as  also  tor  the  book  of  rules,  &c.  that  ac- 
companied >xiur  letter.  We  shoukl  not  so 
long  have  delayed  profitins  by  their  coade»> 
ceniioD,  bud  aay  Ihiog  wwaiy  oooHnunicfttioQ 


Trial  of  Thomas  Hardy  [976 

occurred;  the  first  slender  opportimity that 
offers  we  eagerly  seize,  and  beg  your  accept- 
ance of  the  enclosed  dozen  copies  of  an  ad- 
dress to  the  public,  which  we  hope  will  meet 
your  approbation. 

'*  I  have  the  pleasure  of  informing  you  that 
our  society  increases  daily,  and  that  the  peo» 
pie  in  general  be^in  to  Jivest  themselves  of 
their  deep  rootecl  prejudices,  the  public  mhid 
attends  more  calmly  and  attentively  now  than 
formerly  to  proposals  for  a  parliamentary  re- 
form ;  most  men  see  the  necessity  of  it,  but 
unfortunatel;^,  many  are  yet  over-cautious  in 
engaging  their  assistance  towards  it:  however, 
I  believe  I  may  venture  to  assert  that  partial 
interest  will  soon  give  way  to  public  good. — 
I  am  with  great  respect,  your  very  humble 
servant,  Thomas  Hardy,  secretary. 

"  September  4th,  1792." 

Lidorsed  *'  Copy  of  a  letter  to  Manchester, 
Sep.  4,  IT92." 

Mr.  I,atfmn.— This  is  one  of  the  papers  I 
found  in  the  house  of  tbie  prisoner. 

Alexander  Grant  said  he  beUcved  it  to  be 
the  prisoner's  hand-writing. 

[The  letter  read.] 
Indorsed  "  Copy  of  a  letter  to  Mr.  Favell, 
chairman  of  the  Borough  Society,  August 
2S,  179^." 

'^  Mr.  Favell,  chairman  to  tlie  Borough  So- 
ciety of  the  Friends  of  tlie  People. 

"  Sir ; — ^The  London  Corresponding  Society 
herewith  transmits  to  the  Society  of  the 
Friends  of  the  People,  50  copies  of  an  ad- 
dress to  the  inhabitants  of  Great  Britiun 
on  the  subject  of  a  parliamentary  reform. 

"We  were  in  hopes  that,  as  both  our  societies 
profess  to  have  the  same  object  in  view,  the 
I  delegates  of  the  Friends  of  me  People  would, 
by  visiting  our  committee,  as  agreed  upon  in 
our  last  visit  to  them,  have  kept  up  an  advan- 
tageous intercourse  of  the  two  societies,  and 
strengthened  the  common  cause  by  a  closer 
union,  and  freer  communication  of  our  mutual 
endeavours.  We  arc,  however,  inclined  to 
hope  their  absence  has  not  proceeded  from 
any  relaxation  of  zeal  towards  the  public  good, 
nor  of  diminution  of  friendship  towards  a 
society  in  whose  name  we  have  the  pleasure 
of  subcribing  ourselves,  dear  sir,  your  sin- 
cere friends  and  well-wisher, 

M.  Margarot,  chairman. 
"  T.  IIardt,  secretary. 
"No.  9.  Piccadilly, 

August  23,  1792." 

Alexander  Grant  shewn  another  paper,  said 
lie  believed  it  U»  be  the  hand-writing  of  the 
I  prisoner,  23d  August,  1792. 

Copy  of  a  letter  to  Major  Carftright,  chsiiw 
man  of  the  Xiondon  Constitutional  So* 
ciely  August  23, 1792. 

''  M^or  Cartwrigbt,  Chainnan  of  the  Leodoff 
ConsUtutional  Society, 


377) 


fAY  High  Treason^ 


A.  D.  179*. 


^78 


"  Sir ;— In  hopes  thai  our  zeal  for  the  ad- 
vancement of  the  cause  of  freedom  will,  with 
tbe  public,  in  some  measure  coiuiier-balance 
the  want  of  merit  in  the  inclosed  production, 
the  London  Corresponding  Society  takes  the 
liberty  of  transmitting  to  wc  Sopicty  fur  Con- 
stitutional Information  a  few  copies  of  an  ad- 
dress to  the  inhabitants  of  Great  Britain  on 
the  subject  of  a  parliamentary  reform. 

**  If  it  is  found  to  contain  nothing  repugnant 
to  sound  reason  or  justice,  if  it  may  anv  wa^s 
tend  to  accelerate  a  radical  reform^  and  if  it  is 
so  fof  tunate  as  to  meet  the  approbation  of  the 
London  Constitutional  Society^  xMir  hones»t, 
though  feeble,  endeavours,  we  shaU  ^eem 
amply  rewarded. 

*  With  great  respect  and  esteem,  we  have 
the  honour  to  be,  for  the  Committee  of  the 
Londoa  Corresponding  Society,  sir,  your  very 
buiAble  servants, 

"  M.  Maegarot,  chairm^. 
**  T.  Haboy,  secretary, 

«No.  9,  Piccadilly, 
Thursday  23d  Aug.  1799.'' 

Indorsed  "  Copy  of  a  letter  to  major  Cart- 
wright,  chairman  of  the  London  Constitu- 
tion Society." 

Mr.  Bower. — ^We  will  now'  read  the  Ad^ 
dress. 

Ijausun. — I  found  this  paper  in  the  pri-' 
seller's  house. 

[It  is  read.] 

*  The  London  Corresponding  Society's  Ad- 
dress and  Resolutions  of  the  34th  of  May, 
1792 ;  reprinted  and  distributed  gratis. 

''  Assured  that  man,  individual  man,  may 
justly  claim  liberty  as  his  birthright,  we  na- 
turally conclude  that,  as  a  member  of  society, 
it  becomes  his  indispensable  duty  to  preserve 
inviolate  that  liberty  for  the  benefit  of  his 
fellow  citizens,  and  of  his  and  their  posterity. 

^  For,  as  in  associating,  he  gave  up  certam 
of  his  rights,  in  order  to  secure  the  possession 
of  the  remainder,  and  voluntarily  vielded  up 
only  as  much  as  was  necessary  for  the  eeneral 
good— so  he  may  not  barter  away  the  Imerties 
of  his  posterity,  nor  desert  the  common  cause 
hy  tamtltf  and  supinely  suffering  to  be  pur- 
loined from  the  people  of  whom  he  makes  a 
part,  their  natural  and  unalienable  rights  of 

KL3ISTANCE  TO  OPPRESSION,  and  of  SHARING 
ISr    THE     GOVERNMENT     OP    THEIR     COUNTRY  ; 

without  the  full  and  unintemipted  exercise  of 
which  RIGHTS,  no  man  can  with  truth  call 
him&elf  or  his  country  free. 

**  Yet  of  late,  the  very  men  who  have  dared 
tc  oppress  the  nation,  have  also  dared  to  ad- 
vance, that  all  reuatunce  to  their  oppression  is 
iilegal;  while  on  the  other  hand,  vraud  or 
roEcs,  sanctioned  by  custom  and  blind  sub- 
Biission,  has  withdrawn,  and  now  withholds, 
irom  a  very  g;reat  majorit;r  of  the  tai-paying, 
iaduBtrious^  and  useful  mhabitants  or  Great 
Britaiii,  the  biobt  of  sharing  io  the  goverop 


ment  of  their  own  commonwealth,  and  ia 
the  manag^meot  of  ^Aeir  own  interests. 

"  The^i*?  who  are  now  permitted  to  elect  re- 
presentatives, and  those  who  are  chosen  by  this 
small  number  of  electors,  disgrace  the  country  at 
iareeby  buying  and  selling  votes,  by  corruptinf^ 
and  being  corrupted — the  former  by  their 
behaviour  at  elections,  and  the  latter  by  their 
conduct  in  the  senate — more  than  sufficient 
to  Drove,  that  the  nation  is  unrepresented, 
ana  that  the  present  system  is  totally 
unconstitutional — if  by  the  word  constitu- 
tion,  any  thing  is  meant 

*'  Roused  at  last  from  their  torpor,  and 
easer  to  remedy  the  evil,— various,  numerous, 
ana  respectable  societies  have  been  formed 
by  the  people,  in  different  parts  of  the  ldng» 
dom,  several  have  also  arisen  in  the  metro* 
poHs;  and  amon^  them  the  London  Corres* 
ponding  Society,  with  modesty,  but  with  firm« 
ness,  claim  the  attention  of  their  country  to 
the  following  resolutions : 
"  Resolved, 

*'  I.  That  every  individual  has  a  ri^t  to 
share  in  the  government  of  that  society  of 
which  he  is  a  member — unless  incapacitated. 
**  II.  That  nothing  but  nonage,  privation 
of  reason,  or  an  offence  ajgainst  the  general 
laws  of  society,  can  incapacitate  him. 

'*  III.  That  it  is  no  less  the  bight  than  the 
duty  of  every  citizen  to  keep  a  watchful  eve 
on  the  government  of  his  country,  that  the 
laws  by  bein^  multiplied  do  not  degenerate 
into  oppression;  and  thai  those  who  are 
entrusted  with  the  government,  do  not  sub- 
stitute private  interest  for  public  advantage. 

<'  IV.  That  the  people  of  Great  Britain 
are  not  effectually  represented  in  parliament. 
*'  V.  That  in  consequence  of  a  partial,  un-* 
equal,  and  therefore  inadequate  representatitni^ 
together  with  the  comipt  method  in  whirh 
representatives  are  elected ;  oppressive  taxes, 
unjust  laics,  restrictions  of  liberty,  and  waiting 
of  the  public  money,  have  ensued. 

''  VI.  That  the  only  remedy  to  those  evils, 
is  a  fair,  equal,  and  impartial  representation 
of  the  people  in  parliament. 

'*  VII.  That  a  fair,  equal,  and  impartial  re- 
presentation can  never  take  place  until!  all 
partial  privilege*  are  abolished. 

"  VIII.  That  this  society  do  express  thrir 
abhorrence  of  tumult  and  violence — aiming 
at  reform,  not  anarch v— reason,  firmness, 
and  unanimim  arc  the  only  arms  they 
themselves  will  employ,  or  |)ersuade  tlinr 
fellow  citizens  to  exert,  against  arum,  oi 
POWER. — Signed  by  order  of  the  coiumittiT, 
"  T.  Hardy,  sccrrluiy. 
"  April  2d,  1798." 

"The  London  Corrcs|H)ndinf;  Society  to  the 
Nation  ui  lurgi*. 

«  Whereas  it  is  notorious,  thai  vrrv  w:- 
merous,  burthensoiiie,  and  unniTrwuary  text-* 
are  laid  on  the  porftohH  and  luniilicft  of  ir^ 
and  others,  the  induMlriouik  iiihalHtazi:*  «' 
Gieat  Britain,  an  cxcecdin|^ly  f^tA 


35  GEORGE  UL 

of  whom  are,    notwithstanding,    excluded 
I  Irom  n\i  representation  in  partifttnent* 

^  And  a^  upon  inquiry  into  the  cause  of 
tis  grievance,  which  is  at  once  an  obstnic- 
fioQ  to  our  industry^  and  diminuUon  of  our 
r|>roperty,  we  find  Uiat  the  constitution  of  our 
countr)'  (which  was  purchased  for  us  at  the 
expense  of  the  hves  of  our  anccstursj  has,  hy 
the  violence  and  intrigue  of  criminal  and  de- 
signing men,  been  injured  and  undermined 
in  its  most  essential  and  important  parta:  but 
partickdarly  m  tlie  House  of  Commons,  where 
the  whulc  of  the  supposed  representation  of 
tbc  people  is  neither  more  nor  less  than  an 
uwjrped  power,  arising  either  from  abuses  in 
the  mode  of  ejection  and  duration  of  parlia- 
ments, or  from  a  corrupt  property  in  certain 
decayed  corpomiions  by  means  of  which  the 
liberties  of  this  nation  are  basely  bartered 
away  for  the  private  profit  of  members  of 
parliament. 

"  And  as  it  further  appears  to  us,  that  until 
this  source  of  corruption  shall  be  cleansed  by 
the  information,  perseverance,  firmness,  and 
union  of  the  people  at  lar^e,  we  are  robbed 
of  the  inheritance  so  acqufred  for  us  by  our 
forefathers:  and  that  our  la^es,  instead  of 
being  lessened,  will  go  on  increasing:  inas- 
much as  they  will  furnish  more  bribes,  places, 
and  pensions  to  our  minister  and  memners  of 
|»arl  lament. 

**  It  being  resolved  by  us,  the  members  of 
tliis  society,  to  unite  ourselves  into  one  firm 
and  ncrmaneiit  body,  for  the  purpose  of  in* 
forming  ourselves  and  others  of  the  exact  state 
of  the  present  parliamentary  rep  resenlation — 
for  obtaining  a  peaceful  but  ade<juate  remedy 
to  this  intolerable  grievance — and  for  corres- 
ponding and  co-operating  with  other  societies 
united  ibr  the  same  objects,  the  following 
regulations  for  the  internal  order  and  govern- 
ment of  our  societyi  have  been  unanimously 
adopted : 

*'  First,  That  every  person,  before  he  is 
admitted,  shall  be  proposed  by  two  members, 
and  shall  answer  in  the  afhrmative  to  the 
three  following  questions,  viz. 

**  Question  L  Are  you  cxmvineett  thai  the 
parliamentarjf  representation  t^f  thU  country 
If  nt  present  inadequate  and  imperfect  f 

"  Q.  Ji *  Are  yoti  thoroughiy  penuaded  tk^i 
the  welfare  of  thcMe  kingdiuitt  requires  that 
every  penon  of  adult  years^  in  pastcstion  of  hit 
reason,  and  not  incapacitated  by  crimetf  ithoutd 
have  n  volt  for  a  memtfcr  uf  parliatnent  f 

*•  Q.  ni»  Wttl  yoH  endcavuur^  hy  all  jut- 
tiJUbie  menni,  to  pratnote  inch  rrfonnation  in 
parliament  f 

**  Secondly,  That  the  whole  body  shall  go 
under  one  comnkon  name  of  //«^  Londim  Cor- 
rctponding  Society ,  united  far  tl*€  reform  of 
parliamentary  renreientation, 

•*  Thirdly.  Tbat  lor  the  tnoce  easy  and 
orderly  proceeduig  ofth*  M>ilitv  ir  Ikj  scpa- 
r^ited  into  as  many  dis  shall  be 

thirty  menibefs  to  mill  ntibcr  rc- 

ijuiaitc  tor  such  divtsiou*    Aod  that 


Ttiat  of  Thomas  Hardr/ 


[380 


!  any 


sion  shall  divide  again,  till  it  amount  \» 
double  such  number  of  members ;  at  which' 
time  notice  shall  be  given  to  the  committee 
of  delegates  hereafter  mentioned,  by  the  thea 
delegates  of  such  division. 

*•  Fourthly*  That  each  dtvisi»n  shall  meet 
weekly,  on  any  evening  (Thursday  excepted) 
at  some  house  to  be  chosen  by  Ihentselvet, 
and  appoint  a  chairman  for  the  good  order 
thereof]  and  also  snail  name  a  <k]egate  as 
hereafter  mentioned. 

«  Fifthly,  That  each  member  shall  pay  t©^ 
the  secretary  of  his  division  one  penny  per 
week,  or  one  shilling  and  a  penny  per  quarter* 
which  shall  be  creilited  to  the  account  of 
such  member  in  a  book  to  be  kept  for  that 
purpose.  That  all  money  so  paid  shall  be 
transmitted  monthly,  by  tne  delegate  of  such 
division,  to  the  treasurer,  who  is  to  aocou 
with  the  body  of  delegates  for  the  tamej  < 
the  four  usual  quarter-days, 

**  Sixthly-    1  hat  the  sums  so  paid  to 
said  treasurer  shall  form  one  common  stod^ 
to  be  applied  by  the  said  delegates  in  the 
postage  ot  letters,  in  stationary,  and  in  print- 
ing sut-h  matters  as  may  be  good  for  the  in- 
fonnation  of  the  society*     But  thai  before  j 
expense  whatever  shall  be  incurred,  the  i 
delegates  shall  inquire  of  the  treasurer  wli 
balance  he  has  in  hand, 

**  Seventhly.  That  the  delegates  so  ap- 
pointed shall  meet  on  Thursday  in  evciy^ 
week,  and  shall  continue  in  ofhce  for  thre 
months ;  subject,  however,  to  be  recalled  < 
superseded  by  their  several  divisions  beibi 
the  expiration  of  that  time,  if  thought  necei 
sary .  Tliat  being  assembled,  they  snail  nama 
a  chairman  ana  secretary',  who  shall 
sign  all  tlie  public  acts  of  the  society, 

^  Eighthly.     That  such   delegates  sa  as- 
sembled, shall  in  the  iirst  place  commimical«| 
the  wishes  of  their  several  divisions,  relativ#| 
to  any  objects  of  the  iociety*    That  they  shalf 
be  authorized  to  answer  any  correspondence 
which  may  require  immediate  attention;  and 
afterwards,  that  each  delegate  shall  report  th« 
same  to  his  respective  division.    Also,  th 
thev  shall  consider  of  the  general  state  of  I 
society :  but  shall  on  no  account  publish  an| 
new  principle,  or  set  of  principles,  until  the 
same  sliall  be  apprwod  by  a  majoritv  of  t' 
individual  members  of  the  society  at  (iu-g^. 

'*  Ninthly.  That  it  shall  be  uoceitiary  fur 
two-tliirds  of  tbc  «aid  dekgale**  to  form  a 
committee  for  the  dispatch  of  business.   And, 

**  Tentldy.      That  these  rcs«.»lutiuns   oiu' 
regulations  be  printed  for  the  members  of  th 
society,  antl  that  a  copy  be  given  to 
member  on  his  admission. 

**  WAvntce  MAHCif^- 
**  Tuomas  Ha  hoy,  ^ 

^  ForaMTUich  as  it   is  po*.- 
grounds  of  our  complauil  mav 
ttiat  our  views  and  prmriitlr% 
prcftented,  we  de^ii' 

ousiy  coiiiudcr  and   c :  i       / 

thn  bUbe  of  scaiiclaKiUd  imlA  whkb  toUow.^-* 


-maa. 


tU^ 


Jof  High  Trmuon, 

sk  himself,  whether  it  be  the 
pMirt  of  a  gcrtxi  citizen  to  sit  auiel  under  such 
nhu^ta,  which  have  nut  onfv  increased,  but 
are  ;il  thl<»  mooient  increasing;  and  which 
,j4,.,>,T  tL^r^foi-^  lo  \iQ  remedied  without  delay. 
.L-  feign  of  Henry  6th  it  wan  nut 
J  or  the  inhabitant  of  a  county  to 

\  hold  estate  of  Ws.  a  year,  in  order 

t  :  the  representative  of  his  county. 

liut  the  statute  of  that  km^,  parsed  in  tiie 
ycAV  J  449,  undiT  pretence  oi  preventing  dis- 
putes at  elections,  most  unjustly  deprived  a 
grmt  part  of  the  commons  of  this  nation  of 
t  isenling  to  those  taxes  which, 

J,  they  were  compelletl  to 
{.  I  IS  u  such  right  had  not  been  taken 
n'..:\'_  \\^<  lu. 

..  t  '^\'zn  of  qticcn  Anne,  is  was  not 

ri<t  i  I*  inhabitant  of  a  county  to 

h^vw  o_^,,  ^    ;-,^r,  freehold  or  copyhold  estate, 
m  ortler  to  his  being  elected  the  rejirescula- 
tlveofhis  county.      But  the  statute  of  that 
^cd  in  the  year  1710,  under  pre- 
i^  freedom  of  parliament,  excluded 
pi;ri»ons  not  possessed  of  such  a  property 
our  repres^nldition,  whatever  Le  their 
ntidples^  their  abititics^  or  their  intci;rity. 
"^  Till  the  reign  of  William  3rd  parliaments 
of  iitcuT  to  be  called  once  a  y€«r,  or  of- 
r  if  need  be.    But  the  statute  of  that  king, 
ised  in  the  year  1694,  under  pretence  of 
Qing  them  more  frequently,  enacted,  that 
Id  be  holden  once  in  ifiree  ^cars  slI 

'f^n  of  George  1st,  parhaments 
'<.>(  three  years  duration.     But 
f  *t  1  nat  king,  passed  iti  tiic  year 

^7 15,  under  pretence  of  a  *  restless  faction' 
Ijen  rxi^Ting  in  the  nation,  usurped  a  power 
:,  tiiat  *  parliament  should  re  spec- 
ve  continuance  for  seven  years/ 
'  A^  for  the  supposed  representation  of 
people,  which  is  called  tlie  *  Commons 
:      ■  nd  in  Parliament  assemMed;' 

'junty    of  Cornwall   contains    in 

II  .uonc  the  privilege  of  sending^r^V;/*^*^ 

abcrJi  to  parfiament,  which  js  just  one 

'■■^*  "r    than   those   of  the  whole 

*tland,  containing  upwards  of 

f  rw^uple, 

wr  supposed  representa- 
'<d  by  the  freeholders  of 
;  the  rest  sit  for  tweDty-one  corpo- 
us;  of  which 
MUcioTM,    Property  of 
10       ' 


:e9tiia "  • 

I  J  rd  •  *  *  • 

dlaicl*« 

Bddm^rn  •••  • 
lIcUloQ  **• 
Siltx^  *  •  •  • 
Ea«t  Urn  • « *  • 
ffmiM  •• 
Grsmpoiaid 

C-atntilfot^  *  • 
t'curbvii  •••• 


Lord  ElTiut 

9  •  •  Ditto 

7  ••  Duke  of  Northumberland 
la  ..  T      '  ^       ijuth 
18  •  •  Basset 

3   *  '    inuM  (H   iJtcdSjtStC, 

Id  •  •  Sir  Francis  Basset 

^  J  Judge  BuUcr 

30  •  •  Lord  Sommers,  &c, 

0  »•  Ixird  Camelfurd 
50  •  •  Sir  Fraacuj  Basset 


A.  D-  1794.  [382 

Trf  gony  •  •  •  •  50  •  •  Lord  Hertford 
Bosiimy   <.-•  80  ••  Lortl  Bute 
fet-  Ives    •  • .  •  60  •  -  Mr.  Pracil 

Fowey 26  - .  Prince  of  Wales,  te» 

St.  Germains     6  •  •  Lord  Elliot 
St.  Michael.-  14  *-  UukeofNorthumberli 
Newport  •  *  •  •  IJO  -  *  Ijord  Lovaine 
St.  Mawes   •<  15  ••  Marquis  of  Buckinghan 
Calling  ham  ••  30  ••  Lord  Falmouth 
Electors  453,  Members  42. 

«*  To  Uiesc  we  mi  gilt  add,  of  the  same  do 
scription,  S8  corporations,  consisting  of  Its 
electors,  which  send  h<i  members  to  Ih 
House  of  Commons,  which  is  so  frcquentlj 
and  so  falsely  called  the  democracy  of  thS' 
nation  ;  while  ti^>e  towns  of  Sheffield,  Man- 
chester, Birmingham,  Leeds,  WolverhumpUm, 
^c-  contairunp  above  three  hundred  thousand 
|ieople,  have  no  electors  or  represenlativey 
wlmlevcr. 

"  Upon  the  whole  it  appears,    that  ^57 
supposed    representatives    «>f    the    peopK^j 
making  a  majority  of  the   House  of  Cou 
mons,  are  returned  by  a  number  of  vote 
not  exceeding   the  thousandth  part  of 
nation. 

*^  But  as  Providence  lias  kindlv  furnished 
men,  in  every  station,  with  faculties  neces- 
sary forjudging  of  what  concerns  themselves, 
shall  we,  the  multitude  sulTer  a  few,  with  no 
better  right  than  ourselves,  to  usurp  llie 
power  of  governing  us  without  control? 
Surely  not! — Let  us  rather  unite  in  one 
common  cause^  to  cast  away  our  bondage; 
being  assured,  that  in  so  doing,  we  are  pro- 
tected by  a  jury  of  our  countrymen,  while  we 
arc  discharemg  a  duty  to  ourselves,  to  our 
country,  and  lo  m^mkind. 

"  Ordered  that  the  secretary  of  the  society, 
do  transmit  copies^  of  the  above  to  all  the 
societies  n\  the  nation,  engaged  in  the  same 
cause. 

"  London,  May  «4,  179«.** 

"Address  from  the  London  Corresponding 
ScMriety,  to  the  Inhabitants  of  Great- 
Hriuin,  on  the  subject  of  a  Parliamentary 
Ucform, 

"  Fellow  Citizens, — Of  every  rank  and 
of  every  situation  in  life,  rich,  poor,  high  or 
low ;  we  address  you  all  as  our  hrethrenp  on 
a  subject  of  the  highest  importance,  and  most 
intimately  connected  with  the  welfare  of  every 
individual  who  deems  liberty  a  blessing,  who 
partakes  in  the  prosperity  of  his  country^  and 
who  wishes  to  transmit  as  much  of  either  as 
he  possibly  can,  to  posterity. 

**  Uninfluenced  by  party  pique  or  selfish 
motives — no  ways  aitrighted  at  the  frowns  of 
power — not  in  the  least  awed  by  the  evi- 
dently hostile  preparations  of  a  much  alarmed 
aristocracy,  %ve,  the  London  Corr€$potidtnf( 
SociWy*  united  with  a  view  of  obtaining  a 
TiionovoH  PARLUMfijuTAUY  RcroaM,  anxi- 
ously d*mini<i  v.»ur  serious  and  most  col- 
lected ;  vo  the  present  vftiateo 
fetatc  yl   :                u  govcTtinitul.  wt  entreat 


S88] 


S5  GEORGE  lU. 


Trial  af  fUonuu  Hardy 


tdSft 


you  to  examine  coolly  and  impartially  the 
numerous  abuses  that  prevail  tnerein,  their 
destructive  consequences  on  the  poor,  and 
their  evil  tendency  on  all ;  as  also  the  rapi- 
dity witli  which  these  abuses  increase  both 
in  number  and  ma^itude. 

'*  We  next  submit  to  your  examination  an 
effectual  mode  of  putting  a  stop  to  them,  and 
of  thereby  restoring  to  our  no  less  boasted 
than  impaired  constitution,  its  pristine  vigour 
and  punty :  and  we  thereunto  warmly  solkit 
the  junction  of  your  efforts  with  otrrs. 

"  This  great  end  however  we  believe  at^ 
tainable,  solely,  by  the  whole  nation  deeply 
imoressed  with  a  sense  of  its  wrongs,  uniting, 
and  as  it  were  with  one  voice  demanding  of 
those  to  whom  fur  a  while  it  has  entrusted 
its  Bovereienty,  a  restoration  of,  annually 
ELECTED  Parliaments^  unbiassed  and  un- 
BOUGUT  Elections,  and  an  equal  Repre- 
sentation OF  THE  Whole  Body  of  the 
People. 

"  Leaving  to  the  enemies  of  freedom,  all 
violent,  tumultuous,  and  unconstitutional  pro- 
ceedings, we  invite  you  to  peaceful,  well- 
resulatedy  and  neighbourly  meetings,  wherein 
industrious  worthy  citisens  may  as  honest 
men,  as  good  patriots,  in  a  reasonable  and 
sensible  manner,  laying  aside  prejudice,  seri- 
ously and  earnestly  ta^e  into  consideration 
their  rights,  and  the  welfare  of  the  present 
and  succeeding  generations. 

''  As  men  can  never  barter  away  the  rights 
of  their  posterity — as  encroachments  on  liberty 
or  property  cease  not  to  be  grievances  from 
their  being  customary  and  of  long- standing — 
and  as  a  grievance  is  not  the  less  tclt  for  being 
denied  by  those  who  cause  it-^feciing  griev- 
ances  enormousy-^seeing  our  liberties  en- 
croached upon  and  endeavoured  to  be  entirely 
purloined  from  us — as  also  that  our  plaints 
are  derided  by  government,  and  ourselves 
unlawfully  menaced  by  those  in  power,  we 
call  upon  you  all,  Britons,  to  remember  your 
privileges  as  such,  and  to  assert  your  rights  as 
men — to  pay  all  proper  regard  to  your  native 
freedom ;  and  to  consider  that,  being  the  pro- 
perty of  no  man,  nor  of  any  set  of  men,  it  is 
highly  disgraceful  for  you  to  suffer  vVirselves 
any  longer  to  be  thus  enslaved  and  disposed 
•f  as  cattle  in  a  fair,  as  irrational  beasts  in  a 
market,  to  the  highest  bidder. 

**  Laying  aside  all  pretensions  to  originality, 
we  claim  no  other  merit  than  that  of  reconsi- 
dering and  verifying  what  has  alreadv  been 
urged  in  our  common  cause  by  the  duke  of 
Kichmond,  Mr.  Pitt,  and  their  tlien  honest 
party,  years  back ;  now  diftering  from  them, 
we  support  with  candour  and  zeal  (thereby 
proring  ourselves  no  courtiers)  the  banner  of 
truth  already  displayed  against  the  oppressors 
uf  mankind,  and  we  take  a  pride  in  aeknow- 
kdgiag  ourselves  a  part  of  that  useful  class  of 
citiaens  which  placemen  j^Dsioned  with  the 
eatorted  produce  of  our  daily  labour)  and  proud 
Bobility  waUowing  in  riches  (acquired  some- 
hoir)  affNt  lo  tnat  with  a  oonteapi  too  lic- 


grading  for  human  nature  to  bear,  unless 
reconciled  to  it  by  the  reflection,  tliat,  thou^ 
their  inferiors  in  rank  and  fortune,  we  equal 
them  in  talents,  and  excel  them  in  honesty.  ' 

<'  Still,  friends  and  fellow  citizens,  possessed 
of  souls  far  superior  to  the  evil  spirit  influenc- 
ing these  oppressors,  these  debasers  of  man- 
kind ;  instead  of  hating,  we  contemn  them  ^ 
and  our  motive  is  not  vengeance,  but  redress. 

**  A  constitution  we  are  said  to  possess,  we 
arc  willing  to  believe  i^^-\i  »)od,  it  aUowr 
redress  to  a  complaining  people — if  excellent, 
as  many  assert,  it  must  naturally  point  out  tli2 
means  thereof.  Let  it  therefore  be  publicly 
and  carefully  examined—  if  it  is  really  what  it 
ought  to  be,  it  cannot  be  too  well  known;  if 
famty,  it  cannot  be  too  soon  amended;  nor 
can  that  be  done  by  a  more  competent  judge 
than  the  thus  collected  sense  of  the  whole 
nation. 

"  It  is  the  right  of  every  individual  to  be 
well  acquainted  with  the  laws  that  bind  him  ! 
but  how  is  the  peasant,  the  mechank;,  the 
manufacturer,  to  obtain  that  necessary  know- 
ledj^e  ;  his  time  fully  employed'  in  labouring 
hard  to  provide  a  scanty  meal  for  hb  family, 
and  in  earning  wherewith  to  satisfy  the 
frequent  and  peremptory  demands  of  surly 
tax-jgatherers,  he  has  no  leisure  for  sucn 
intricate  political  researches ;  and  even  war 
he,  by  stealing  that  leisure  from  his  labour  or 
his  sleep,  to  acquire  the  desired  insiight — still 
with  spirits  depressed  by  his  suffering,  with 
fears  increased  by  the  clamorous  threats  of 
the  pensioned  all-devoui  ing  locusts  in  office, 
the  sore-oppressed  subject"  feels  the  remedy 
to  lie  far  out  of  his  reach,  and  dreads  the  con- 
sequence of  being  even  supposed  to  know  how 
greatly  he  is  wronged. — Such  being  the  forlorn 
situation  of  three-fourths  of  tl)e  nation,  how 
are  Britons  to  obtain  information  and  redress? 
Will  the  court,  will  ministry,  afford  either? 
Will  parliament  grant  them?  Will  the  nobles 
or  the  clergy  ease  the  people's  suffering  ?  No. 
Experience  tells  us,  and  proclamations  confirm 
it,  that  the  interest  and  the  intention  of  power 
are  combined  to  keep  the  nation  in  torpid 
ignorance ! 

"  The  onl  V  resource  then,  friends  and  fellow 
citizens,  will  be  found  in  those  societies  which, 
instituted  with  a  view  to  the  public  good,  pro- 
mote a  general  instruction  of  our  rights  as 
men,  expose  the  abuses  of  those  in  power, 
and  point  out  the  only  constitutional,  the 
only  effectual  means  of  forwarding  a  public 
investigation,  and  obtaining  a  complete  re- 
dress for  a  people  in  whose  credulous  good 
nature  originated  their  present  difficulties. 

We  will  not  hurt  your  feelings  by  a  minute 
detail  of  our  common  grievances;  you  cannot 
be  ignorant,  friends  and  fellow  suilerers,  how 
generally  power,  place,  pension,  and  title,  aro 
the  rewards  of  men  whose  services  to  the 
court  have  been  of  the  greatest  prejudice  to 
the  country.  You  painfully  lieel  the  conse- 
quences; increased  taxes,  a  great  part  of 
wUch  ut  mwl  Tilely  squandered;  a  hmvj 


for  High  Treaton* 

debt,  began  wtlh  a  design  of  fomiinjg 
m  pflwcrAil  and  roooied  court-party ;  conli- 
maed  v  'Ay  the  same  tIcw,  unto  its 

finMlit  us  bulk,  and  frcmi  its  com* 

mioeemcQt  militating  against  ouf  liberties ! 
T«o  irmble  are  the  numerous  encroachments 
qn  <Nir  rights,  too  common  the  insolence  of 
<iAcie,  the  venality  of  magistracy,  the  perver- 
aloiiof  tf-  i"-  '^"-  i-^ti-;^  Joose  the  raUilary 
l»n  ci'c  c  occasions  eagerly 

toilet.  *  ..*.  >^:.ji^. .  w  .i^jlaints derided — the 
one  fMtfl  of  the  nation  turned  into  spies  and 
Mnpsera  affainst  the  otlier — tlie — but  where - 
im  morcf  Is  here  not  enough  to  prove 
be]ri>od  a  doubt,  that  while  v^c  boast  the  best 
eonatitutionj  the  mildest  laws,  the  freest 
pytemmeot,  we  are  in  lact  stlaves  I 

**  Yet|  feUaw  citizens !  numerous  as  are  our 
frierances,  and  close  rivet  ted  as  weighty  to 
m  almcklcs  on  cmr  freedom ;  reform  one 
iblM^  aod  the  others  will  all  disappear.  If 
ipf  ooce  regain  an  anually  elected  parhament, 
and  thai  parliament  to  be  fairly  chohen  by  all, 
Iht  ^ople  will  again  share  in  the  goTemmeni 
9I  tnetr  country^  and  their  then  u n bough t, 
1  suffrages  must  undoubtedly  select  a 
%t^iiX  honest  meniberf,  while  the  very 
momid  onefi,  that  may  accidentally 
Mftt9|  wiDf  from  the  con^iideration  of 

AOtml  dependence  on  the  people^  think 

h  highly  advisable  to  continue  the  disguise 
Ibit  procured  them  their  election,  and  at  least 
^mt  Ihe  nuisk  of  honesty—a  mask  neither  at 
iUtuaei  ncicessary,  nor  at  all  times  worn,  in 
tMptennial  parhament. 

**  Let  rw>  man  imagine  himself  unconcerned 
la  the  f  '  reform— let  no  one  think  so 

mean  Is  uation  or  abilities,  as  to  sup- 

pOB  Im  cnniint;  forward  will  be  of  no  service 
^  llie  CBii«e  of^ibcrty  !  numbers,  union,  anil 
ante  must  m  the  end  be  crowned 
fUcceftS,  while  compared  with  the  small 
of  each  individual  associating  and 
cxMintenancing  the  demand  of  the 
ta  be  restored  to  its  constitutional 
n^lli!  bow  great  wilt  appear  the  advantages 
'  *n2  Ihrreffom  ! — 


«  Ar  T  PARUAMKNTf 

**h.  \lpaiiliami:nt! 

LlAMENT  wiuneiN  EACH  IN- 
B  .  WILL  HAVE    HIS    UEPRE- 

S!  E, 

irn  should  we  see  onr  liberties  re- 
"  *  c,   the  laws  simplified, 
s  independent*  needless 
mi  |«  it?iuir'»  tetrencncd,  immoderate 
„  feciQCed.    the   public  belter    served^ 
iHa^iihhTO,  and  thrr  necessaries  of  life 
the  reach  of  the  poor,  youth  better 
i^riMitm  Ir^s  f  mwded,  old  age  better 
IS  feasts  at  the  ex- 
less  frequent, 
•rymen,  as  an 
t  us  together 
lew  of  such  an 
let  us  in  idea 


ooi  upun  thiA,  ' 

fK  vi«ritjn  ;  t^ 

<l  ntfu 


i  vum  aciuon  unto  even  the  short  dura- 
VOL*  XJUV. 


tiao  of  three  months  in  one  year,  or  sixty-four 

meetings  for  doing  the  annual  business  of  the 
nation.  Still  five  hundred  honest  men,  meet- 
ing sixly*four  times,  with  both  intention  and 
capacity  to  serve  their  country,  must  do  wm^ 
Mi/ig-^— must  employ  their  time  somehow. 
Contested  elections,  none  or  very  few,  and 
soon  determined  \  party  debates,  none,  the  in- 
terest of  the  people  beinj;  one ;  long  speeches 
much  diminished,  houest  men  seekmg  reason 
not  oratory;  no  placemen  in  the  senate,  cor- 
rupt influence  aies  away,  and  with  it  all 
tedious,  obstinate,  ministerial  opposition  to 
measures  calculated  for  the  public  good  :  de- 
testing chicanery,  oppression  and  injustice  of 
every  Kind,  this  honest  parliament,  iinding 
that  the  laws  wanted  simplification  and 
arrangement,  would  set  about  it,  however 
destructive  their  labours  might  prove  to  the 
sordid  interest  of  an  ambitious  judge,  a  prosti- 
tuted council,  a  packed  jury,  or  a  vik  herd  of 
petty foggerSf  trading  justices,  bailiffs,  or  run- 
ners. 

*<  Finding  that  a  most  extraordinary  waste 
of  public  money  had  taken  place  under  the 
diflerenl  pretences  of  places,  pensions,  con- 
tracts^ armaments,  subsidies^  secret  service 
money,  &c.  our  honest  and  annual  parliament 
would,  after  narrowly  scrutinizing  the  same, 
retrench  every  sum,  needlessly  or  wickedly 
laid  out, 

"  Recalling  to  their  mind  that  wise  and 
wholesome  provision  of  the  12  th  of  VVilliam 
3rd, chap.  2,  enacting,  that  ail  resoiutiom taken 
in  the  prh^  council  ihall  be  signed  by  tuch  qf 
the  privy  council  as  shall  advise  and  cofiseni  to 
the  same ;  they  would  call  for  an  immediate 
renewal  of  that  long -suspended  law,  and  bv  so 
doing,  all  destructive  secret  influence  will  be 
rooted  up,  and  the  people  could  then,  at  all 
times,  discover  who  were  their  friends^  and 
who  their  foes. 

**  The  people's  parUament  finding,  thaC 
under  various  preteuces  grants  of  common 
land  had  been  obtained  by  sundry  persons j  no 
ways  to  the  benefit  of  the  community,  but 
veiy  much  to  the  distress  of  the  poor,  the 
Bitme  would  be  soon  restored  to  the  public, 
and  the  robbed  peasant  again  enabled  annu- 
ally to  supply  his  di^^tre«sed  family  with  an 
increased  quantity  of  bread  out  of  the  profit 
arising  from  the  liberty  regained  of  grazing  a 
cow,  two  or  three  sheep,  or  a  brood  of  geese 
thereon. 

**  With  detestation  would  that  parliament 
view  any  man  enjoying  the  emoluments  of  six 
or  seven  places,  either  needte?»s  and  ovcq>aid, 
as  requiring  altogether  but  one  officer,  or  else 
their  several  duties  neglected,  and  the  public 
thereby  deprivf^l  of  that  service  for  which 
they  pay  their  money. 

**  Numerous  other  reforms  would  undoubt- 
edly take  place,  even  in  the  first  session  of 
parliament  so  elected,  dependent  onl^r  oQ 
their  electors  the  people.  Untorn  therefore 
by  faction,  undivided  by  parly,  uncorruptwl 
by  ministry,  and   unintiuenced  bui  b^^ 

U  C 


S5  QBORQE  UL 

J«  public  gooil^  every  transaction  would  tend  to 
ref<irfn/an<l  n  strict  cr.onomy,  its  naluTBl  con- 
>*8ei|uence,  might  soon  enable  us  to  reduce  our 
if&xes;  and  by  the  in tcgrily  of  parliament,  that 
•reduction  would  light  upon  such  objects  as 
.best  might  relieve  the  poor.  This  to  tlie 
'people  would  prove  an  advantageous  and  a 
^ novel  session,  and  lo  an  honest  parliament 
not  a  tiresome  one. 
«*  Therefore  Britons,  friends,  and  fclkwr 
k citizens^  with  hand  and  heart  unite,  claim 
fir  hat  is  vour  right,  persevere  and  be  tree ;  for 
I  who  shall  dare  to  withstand  our  just  demands ! 
^—oppression  already  trembling  at  the  voice 
^of  individuala,  will  shrink  away  anddisapi)€ar 
ifoT  ever,  when  the  nation  united  shall  assert 
Bit*  privileges,  and  demand  their  restoration* — 
jlSigoed  by  order, 

**  M.  MAftfiAROTy  chairman, 
*'  T.  Il4RDy,  secretary* 

*  Ordered,  that  the  secretary  of  thissocieiy, 
do  transmit  copies  of  the  above  to  all  the 
societies  in  the  naiioD,  engaged  in  the 
same  cause. 

**  London,  August  6,  1793." 

Mr.  EriA'i7ie»— Be  so  good  as  to  read  the 
Pj|uotatioD  from  Thomson*?  poem  on  liberty. 

[It  was  read.] 

^  Unblest  by  virtue,  government  a  league 
aecomes  a  circling  junto  of  the  great, 
To  rob  by  law ;  rehgion  mild,  a  yoke 

Ujo  tame  the  stooping  soul,  a  trick  of  state 
1*0  ma&k  their  rapine,  and  to  share  the  prey. 
Without  it,  what  are  senates,  but  a  face 
}f  con?ullation  deep,  and  reason  free^ 
Vhile  the  determined  voice  and  heart  are  sold  ? 
/hat  boasted  freedom,  but  a  sounding  name  f 
Ind  what  election,  but  a  market  vUc, 
)f  slaves  5elf-barter*d  ? *' 

Mr,  Edward  Lauzun. — I  found  lliis  paper  in 
^hlr^  Hardy *s  house. 

Mr.   Bon>cr^  to  AUsaudcr  Grant. — Is  that 
tie  prisoner's  hand-writing?—!   caunot  say 
liial  il  ia. 

Do  you  believe  it  to  be  his  hand- writing? — 
It  is  different  from  the  other  haud-wriliiig.    I 
*o  tiot  believe  it  to  be  his  hand-wriiiog« 
Mr<  Erskint,     I  admit  it. 

[It  was  read.] 

**  Mr.  N.  nibbert,  president  of  the  Society 
of  the  Friends  ot  Umver.^al  Peace,  and  of 
the  Rights  of  Man,  at  Stockport. 

**  Sir; — I  ant  directed  by  the  London  Ofr- 

ptmdin^^  ^     -'■  ,  ---'-f      ■"-   -   — •  r^'  -'r- 

Siting  a  J 


Trial  nf  Thomas  Hardy 


PpOtf 


tihi   m/?Ars  of 


^  mi  iM:4Uaui» 
i  men  who  act 


i 


fore  have  ordered  me  to  transmit  to 
as  president,  a  few  copies  of  their 
to  the  nation  on  that  subject,  and  io  invtte 
you  to  similar  communications  on  your  pari, 
always  remembering  that  unton^  goad  ordtr^ 
and  numhcn^  arc  absolutely  necessary  to  our 
success.  Wc  began  to  associate  last  Jaouary, 
and  since  the  late  proclamation  we  have  in- 
creased rapidly. — I  am^  sir,  your  very  humbU 
servant. 

"  London,  llth  September,  1792.'' 

Mr.  Edward  Laugun, — I  found  this  papet 
in  Mr,  Hardy's  iKJuse, 

[It  was  read,] 

"  Dear  sir; — In  obedience  to  the  wish 
the  society  here,  I  have  the  pleasiu-e  of 
kn<»wlcdging  the  honour  of  your  letter  i 
the  packet  which  the  kindness  of  our  brothers 
of  the  London  Corresponding  Society  so  op- 
portunely presented  us  with. 

"  It  is  doubly  deserving  our  thanks,  as  it 
shows  j^our  kindness,  and  as  it  will  be  useful 
in  the  formation  of  our  infant  society.  Wc 
stand  much  in  need  of  your  experience  in  this 
particular,  and  we  doubt  not  of  your  best  as- 
sistance.  We  are  surrounded  by  a  majority, 
a  formidable  one  indeed,  in  power,  abilities^ 
and  numbers ;  but  we  are  nut  dismayed. 

**  We  have  carefully  perused  the  acldreaseSy 
and  I  am  to  ob<K?rve  on  their  contenls  in  g^ 
neral,  that  the  sentiments  hardly  rise  to  thai 
height  which  we  expect  from  men  sensible  oT 
their  full  claims  to  absolute  and  uncontrollable 
liberty,  i.  e.  unaccountable  to  any  power 
wliicb  they  have  not  immediately  con6btuti9d 
and  appointed* 

**  These  are  our  sentimcijl%  whatever  mrr 
be  yours,  though  in  the  present  stale  of  polite 
caJ  knowledge  \i  mav  be  prudent  uoi  to  avow 
them  openly.  W'e  desire  your  sentiments  on 
the  means  of  accomplishing  that  object  which 
we  presume  you  have  in  view  in  comoxA 
with  us.  We  think  it  expedient  that  wt> 
should  perfectly  understand  each  otlier  in  the 
beginning,  lest  the  appearance  of  disunion 
might  furnish  matter  of  triumph  to  our  ene- 
mies. We  observe  one  expression ^  which 
saTS,  *  Numerous  other  reforms  would  nn- 
*  doubtcdly  take  place,  &c,  &c.'  But  we  ask 
how  is  that  parhamcnt  to  be  choseri?  Caa 
we  expect  it  trom  the  present  order  of  things? 
Would  not  all  the  ^              ^  .      ^- 

by    the   people    ;, 
Does  ilapptM 
which  we  coii 
other  way?    Cau 
aristocracy  be  redr 
retains  its  pr*-  i 
tare?    Is  ll.' 
ever  to  be 
maintain  their  scat  ou  the ? 


II  f 

rty 

lie  the  — » 

y  in  the  hj^hc 
J  It  of  conscienof 
:  the  H i'» 


"  Vour  thoughts  on  thr?c  importuDl  puUi6 
wc  movi  4 

to  us  a <  .■  . ,  .     .he 

liLStf  wc  k^  u  wUi  o^Uc  ^u&juuau*    X>4(«^4 


WBJ  Jfar  High  Trea»m*l 

m  Mr*  J^OTfib  lleamer,  Pettv  Carr,  Stockport, 


Mdrttssed,  *<  Mr,  Thomas  Uarcln 
boot  and  blioeraakcr  near 
Piccadilly. 

Tadorscd,  **  rec.  srUi  of  Sept,  1792. 

*'Aos*  UUiofOct,  ^nid   ?cnt  a  copy  of  the 

ilr.  Mdmard  Luvinn, — i  Tuund  4his  paper 
)iMr.aaidy*9licw9c* 

[It  was  rcitdj 

••TKc  Friends  of  UDtversal  Peace  and  of 
file  Eights  of  Mao  Society.         ^ 

"  Mr.  Joseph  Hearner. 

«*  London,  Uih  Oct,  1792. 

•*  Sir ; — With  iTi6iilte  satisfaction  the  Loo- 
Aai  Concspondiiig  Society's  committee  pe- 
n5oi  your  letter ;  they  are  happy  to  learn 
T  dbeadv  determinatmD,  spite  of  alt  obsta- 
r*piM*l«ic  that  sole  means  of  pohtiual 
I  perfect  rcpresenUition  of  the  people. 
I  —  -  -^  to  our  pubUcatiotij*,  our  stin- 
essed  ia  as  strong  terms  as 
" 't ;  yet  plain  "enough  we 
ic  puhhcy  that  while  we 
apoct  I  1  in  honest  and  an  au- 

Ipni  urt  of  such  a  3e- 

f  4h  ;  I''  nation   will  sa- 

'iVwe  ?rcncrr«ity,  the  characteristic  of  this 
in*  Tverted  men  ihrough- 

0*1  jjic»n  us  to  countenance, 

it  r^luous  struggle  of  tfie 

I;  I  despotism  and  aristo* 

<Jirk,  til  tic  Iocs  lo  xhe  human  race,  we  have 
raotrai  upon  addressing  the  French  National 
Co—    n 

'  entering  into  the  probable  effects 
U  w^  .  ^  M  -. ^ fleets  which  your  society 

ivill  00^]  I J  we  invite  you  lo  join 

m^  and  l  .  i  ewitb  you  have  a  copy 

^rcHir  Imcfi  >;  if  you  approve  tlic 

ida,  u^  Will  n  sending  it,  be  pleased 

l^raiafii  ns,  wubuul  delay,  a  copy  signed  by 
jgar  prr^feu  and  secretary,  or  by  the  dele- 
pi*  _'  each  for  how  many  persons  he 

Mt  [i  then  associate  your  body  with 

mmx,  3iwJ  with  same  others  who  have  airta<ly 
•Mentc>d  la  thr  measure.  If,  on  the  cootrary^ 
y9o4Mmipv-'  ;         V    f       !  towards  the 

'  '  umiOk  '  I  Ltlertaken  to 

I  Co  m  'S  ptca^e  to 

^t,  ions. — I  am, 

ik.  ftr  tke  €4*^k.i,,,i..  >,.  ...  .v .,-lus,  your*s  &c. 
^  **  M.  iM.  ch." 

Mr.  Mmtr.^^  will  prove  part  of  this  let- 
Irto  be  in  Mr.  Home  Tooke'a  hand-writmg. 

Mc  WiUmm  Wooifall  «worn,  eiamined  by 
Air.  Batcher. 
Am  fm  acquainted    with    Mr-    Uorae 
fvQ^  Uiul-wnttiig  }^Yn 


A-D*  170*. 

Look  al  that  letter,  and  see  whtthcr  then 
is  any  part  of  it  Mr.  Tooke*s  hand-wnUDg.- 
I  do  not  think  that  part  of  it  is  Mr.  Tookel 
hand-writing,  but  there  is  an  inlerlineatiai 
which  I  behcvc  to  Ikj  his  hand-writing. 

Have  yoti  seen  him  write? — I  have,  and 
believe  that  lo  be  his  liand- writing. 

Which  are  tlic  parts  ? — The  word  "  thing 
over  the  iirat  line  of  all  other  thing?  put  with 
a  caret,  the  word  "  mcapacilated"  is  mended 
apparently,  the  word  **  for/'  and  Che  word 
**  views,*'  resemble  his  character. 

Do  you  believe  it  to  be  his  ? — I  believe  it  to 
be  his  character,  it  h  the  conclusion  of  the 
writing* 

Mr,  Erskine, — The  jury  should  know  tliis] 
is  a  paper  that  has  been  already  read. 

Mr.   Wood/all, — It  is  apparently  his,  but  i 
was  written  at  a  tavern,  or  in  that' loose  man 
ncr  which  people  are  apt  lo  write  in  when  not 
at  home  at  their  desks ;  but  1  think  it  ia  hia 
character. 

Mr.  Maclean  called  again. 

Mr.  L«a>. — Where  did  you  find  that  paper  ? 
— I  found  it  at  Mr,  Adams's. 

To   Alexander  Grant. — Is    that   signatun 
Mr.  Hardy *s  hand-writing  ?— That  is  not  tlx 
usual  way  he  si^ns  his  name ;  I  bcUeve  it 
his  vvriling,       {It  was  read,] 

"  D.  Adams,  esq,  secretary  to  the  Socierfl 
for  Constitutional  Information.  J 

"  Sir  ; — Your  favour  of  the  3rd  instant,  inJ| 
forming  us  that  our  proposal  for  addressiug 
the  French  National  Convention  had  met 
with  the  approbation  of  the  Society  for  Con^ 
slitutional  Lpformatioo,  wc  have  inclosed  you 
a  copy  of  the  address  we  have  drawn  up,  an  ' 
mean  to  send,  the  society  at  lar^c  havin| 
approved  of  it. 

"  Not  in  ttie  least  presuming  to  propose 
for  'the  adoption  of  your  society,  ourselvei] 
will  jc^y fully  throw  il  aside,  anil  ai»  rcadilj 
subscriDe  to  any  production  of  your*s  belt 
calculated  to  answer  the  purpose,  and  lesi| 
unworthy  being  presented  to  so  august 
assembly. 

Should  no  oilier  be  produced,  we  imagin 
this  plain  but  honest  address  wilt  he  adopte 
by  some  other  societies  in  uoucurrencc  witliJ 
our  own ;  and,  respecting  the  manner  of  sign*! 
ing,  of  conveying,  and  oi  preseuliuE;  it,  youcf  I 
belter  experienced  advice  will  greatly  ohlige*! 
— Gentlemen,  your  very  humble  ^rvant,  TotA 
the  committee  of  the  Loudou  Corrcs ponding! 
Society,  || 

'^  MAuaicc  Marga,aot,  chalcmaiu 
"  Tuoujis  Hardy,  sec." 

«  Thursday  lUh  Oa.,  17 9  2* 

**  D.  Adams,'  esq.  TcKjk's  Court, 

Chancery-lane.** 

Mr.  Edaard  Lauiun  deposed  that  he  found 
tho  following  letters  in  Mr.  Hardy^s  house* 

[They  were  read.] 

<4  8ir;^Your  favour  of  the  Uth  inscam, 
%nd  0)0  iOdress  of  tbe  London  Cocre&\MniAm^ 


191]         S5  GEORGE  ILL 

acty,  were  read  at  a  meeting  of  th€  Society 

•  Constitutional  Information  held  last  Fn- 
l^ay,  uud  I  am  tjcs^treti  lo  ext>ress  thctr  thanks 
f  If- T'- 1 '-^Juii  Correal*  '''"' '^jciety  for  the 

f  -s  an<i  lo  '  ni  that  they  4o 

,,  ^^love  of  the  .,ui.L  ^i  the  same. — I 
ft  tie  honour  to  he,  sir,  your  most  obedi- 
Btvanl, 

"  D.  AnAMs  »er*  to  the  Society  for 
CoDsUtutional  Informatioa. 
**  Took's  Court, 
Monduy,  !  5th  Oct.  1793, 
l«  Maurice  Margarot,  esq.  chatrroan  to 
[ '  llie  London  Corresponduig  Society.** 

y,,^:Mr*    Thumas  Walker^  president  of  the 
Manchester  ConsUtutional  Society. 
**  Sir; — MultipUcity  of  business  prevented 

*  accrelary  from  answerinpyour  kind  favour 
ftlie  ^jOth  ulL  We  content  ourselves  this 
ay  with  transmitting  to  you  for  the  conside- 
Blion  of  the  Manchuhlcr  Corresponding  So* 

ciety  our  intended  address  to  the  Ftench  Na- 
l^ional  Convention ;  if  your  society  approves 
[€f  it,  ajitl  will  join  U6,  the  manner  in  which 
l|'oa  win  do  so  remains  with  you  ;  butweima- 

|ine,  that  the  i»ending  ufi  back  a  copy  of  the 
s^  si{£ncd  by  the  president  and  the  se- 
ctary,  staling  the  number  of  persons  for 
^nrhom  they  sign,  will  be  sufficient  to  autho- 
mze  us  lo  join  the  name  of  your  respectable 
Ijociety  with  others  concurring  in  the  same 
rsi^easure,  Wc  likewise  request  your  speedy 
ftnswcr  directed  as  before  to  T.  IL  &c» 

«  M.  M.  chairman  of  the  C,  of  D.  &c. 

"  We  mean  to  concert   with  the  London 
onsttlutional  Society  about  the  best  methoil 
l|^f  conveying  and  pre!»cnting  ttie  addre^. 
"  Oct.  10,  179S," 

**  Sir :— The  London  Corresponding  Society 
i  received  your  letter  of  tXxo  6th  instant, 
ected  to  their  secretary.  We  arc  happy  to 
-irn  your  determination  in  favour  of  fre^om. 
[Ouri>etvt«s  to  give  it  atl  the  countenance  we 
an  afturd,  have  determined  on  a  friendly  ad- 
I  dress  to  the  French  National  Convention. 
pWe  hope  the  concurrence  of  many  societies. 
Vntiened  you  have  a  copy  of  it,  and  if  the 
Idifiercnt  afhliatod  societies  in  your  ner^h- 
ilkmrhood  witl  join  us  in   trui  that 

hSiark  of  our  approbation  to  th«  it  will 

ll^nly  be  necessary  tor  yoti  with  aji  s|ii;t;d  to 
jisturn  us  a  copy  uf  tha  address  signed  by  the 
ip...  ,i..»  ,.,  t  .....oi  .^.^  or  by  the  deJcgales, 
rMi>n»  for  whom  Uiey 

^A*^.,.     .   ..,..» ^wt:   commitlec  of  the 

Dudun  Corresponding  S>o€icty»    your  y^^ry 
bumble  gcrvaul.  M.  M.  ch.'* 

fTothci  ;t  Norwich." 

'^  Derby  Sodciy  for  PolHieal  Infomuitioo. 

••  Mr.  S.  Eyre- 

*•  tandan  mk  f>«r.  tf92. 
'^nyi;^-^ilit  i»l«iiiic  lit  fecknowMgff  y<Hir 


TruU  (^  Thmai  Hardy  QSBt 

favour  of  the  I6th  instanti  and  return  you  our 
thanks  for  the  papers  sent  us;  as  also  for 
those  from  the  new  society  at  Nottinghanif  to 
whom  we  wi^h  you  woiilcl  comnnmicatc  this 
and  the  inclosed  addrc»si?»  which  our  society, 
join«d  by  some  others,  in  lend  lopresiul  to  the 
French  National  a^isembly;  we  cordially  in- 
vite your  society  and  that  at  Nottingham  to 
concur  with  us  also  in  the  same ;  which^  if 
you  dO|  we  desire  you  wdl  send  us  back  a  copy, 
signed  by  the  president  and  secretary  of  each 
society,  and,  at  the  same  time,  state  the  Dutn* 
bcr  of  members  you  reipeclivcly  sign  for,  m 
the  greater  tke  number ^  the  greater  wiU  the 
effect  be, 

^  Our  hopes  are  as  sanguine  as  yours,  and, 
perhaps,  our  numbers  increase  as  fast :  reason 
and  ^ood  order  must  make  us  invincible.  I 
am,  sir,  for  the  London  Correspondias  Society, 
"  yours,  &c.  «  M.  M.  cb. 

<■  Please  to  let  us  have  your  declsiou  as 

soon  as  possible.'^ 

«  Londm  Oct.  18,  1702. 
**  Sir ; — The  London  Corresponding  Society 
learn  with  pleasure,  that  the  Society  for  Con* 
stitutional  Information  approve  of  the  sjnrit 
of  our  address  ;  but,  tocome  back  to  the  point, 
we  imagine  that  as  you  previously  had  ap. 
proved  the  measure,  and  that  now  you  ap- 
prove the  spirit  of  the  address  itself,  we  may 
with  propriety  ask  vou,  whether  you  will  con- 
cur with  us  in  ssnding  that  address,  or  whe- 
ther you  will  draw  up  another,  l>ctter  suited 
to  the  present  circumstances,  and  permit  ut 
to  join  you  in  transmitting  it  to  the  French 
National  Convention. 

**  D,  Adams,  Sec.  to  the  ConstitulJonal  So- 
ciety." 

«  NorwkhyNov,  til*,  1793. 
'*  Mr,  Secretary  -.—Sir,  We  the  society  lot 

Political  Information,  are  desirous  of  holding 
and  strenuously  supporting  the  noble  Mntl* 
ments  which  you  so  lately  and  friendly  di^ 
peraed  among  us;  and,  as  we  so  much  admire 

i  your  well  adapted  plan  for  a  refornjation  in 
the  state,  permit  n»,  with  the  utmost  defer* 
ence  lo  your  wortliy   society,  to  participetB 
with  you  in  all  your  great  national  correspoo-* 
denco,  which  your  very    name   promiaes  -^^J 
maintain  ;  and,  in  consequence  thereof,  >t^^| 
humbly  desired  by  the  society  which  I  bwV 
the  happiuesii  to  represent,  to  incorporate 
three  roembcrs  with  your  worthy  fraternity  £ 
in  doing  which^  l  shall  here  inform  you  of 

I  their  name^  and  reaidence,  which  are  wm  IoI* 
lows ;  Mr,  Isaac  Saint,  at  tht*  Weaver^  mrois^ 
St.  Au£^jstinfs  Norwich;  Mr.  Anthony  Cad- 
dcwould,  cord waincr,  near  the  «>;  "    mj 

Geori»f  Kn»pp,  near  ditto.    Out  [  ie- 

sij^i  -  doing  thiH,  ''  ■  AL'  tiiiY  nave 
ail  ity  of  koov'  >  ]kactly  wbal 

ni:'  '  '^*  ^^""  "^  -H^ic  steps  \»  ' 

tal  :atbnaia^»ofi 

as:;L;L.,.u..  :  .tu. ,.-..>  .....^*  .'>  have  % 
okty  to  mk  suoh  lori  of  t^uestuNis  m  my 


•   Jbr  High  Tfi(i9on* 

AikimXf  MKioRftbleftnioiig  the  brethren^ 
Uyivlicen  ive  think  that  pubUcuiions 
1  with  m  tori  olobHciiniy  in  its  Ian- 
Jt^  as  the  Sht»rtield  peopie's  Declaration, 
irluch  ifiemeil  delerfniiied  to  support  the  duke 
ofRkhmflwJS  pbn  only;  hut  since  we  find 
in  A  p^     '  LLf  received  from  them  in    a 

book,  t  medu  to  ^ide  by  eome  mty- 

temle  ictutiUf  us  may  hereafter  be  brought 
Jbfvmfd  by  the  Friends  of  the  Fe^^iile,  which 
ht^.'  ;'      I    i     lis.     Again  we  find 

ipleandtlie  Society 
•  C*'  .  aion  do  not  exactly 

>  know  the  reason: 
itteem^  u.  ^^li  Llie  difference  was 

Ibb-— Um  1  ilie  People  mean  only  ft 

%^  refii       ,    I      tiise  tlicy  leave  out  the 
4  the  duke  of  Ktchmond's  pliui 
I  tn  r  u  rcfbrm  ;  while  the  Man- 

lu  intimate^ by  addressing 
Mr.  V  -II  they  were  intent  upon 

rapQbiknn  pimciplcs  only:  now,  to  come 
CNier  to  the  main  question,  it  is  only  debired 
to  kiMv  whether  the  gencrahty  of  the  socie- 
ties mc^n  to  retit  satisfied  with  the  duke  of 
Richmond's  plan  only ;  or,  whether  it  is  their 
privmte  desizn  to  rip  up  monarchy  by  the 
iMl»,and  place  democracy  in  its  stead,  I 
tkiil  Dow^  aif,  give  you  an  exact  account  of 
ulitt  plan  WQ  could  wish  to  obtain,  which  I 
livre  alrtady  moved  for  at  our  general  meet- 
(till  and  ^tinal  representation  of  the 
' ,%  general  suH^rage 
m>\  parTiamcnis.    I  re- 

t  unstitulional  Infor- 

icjii  tt  Mr.  Basham  used 

wriu^  to  Ihom  in  lh*j  name  of  the  Revolu- 
Sortely:  if  you  approve  of  that  appella- 
I,  V  '  kind  as  to  gii-e  us  a  full  and 

t  i  ver.     I  shftir  say  no  mure  at 

'A  friend  to  peace,  not  to 
♦  r  to  the  nehts  of  man 
jn*cntj  and  your  most 
iicm  t^  »    servant, 

I  or  KKAfP,  chairman, 
1  Saisjt,  isecr*!lary. 
..   1  IK C ADD EWouLD  member. 

*^  P.S»  I  should  esteem  it  a  favour  to  be  in- 
Bid  of  the  town  residence  of  the  lords 
0>'oa  and  Loughborough,  for  a  matter  of 
rralc  concern/* 

iUidrcssed  "  to  Mr.  Thomas  Hard^\  to  be 
~Laitbe  &U|  Exeter-stroet,  Straodi  Lon- 

'     i7en?i;— You!  ^    i        "  *     Hth 
the  secrei  the 

'  '  [!!4tcs  oJ    ihe  L/jiiuon  Cor- 

'H***ni^  -  M  > .  i  M*^r*ire  heird  of  your  society, 
'%\y  to  have  some  further  information 
mn^il^fi«<^^  »*«-  origin,  ita  principles, 

1  lite  nuiubi  I  iTibers  ;  such  an  ac* 

Ql  in  yt>»ir  J I  will  cive  them  great 

tfr'i  lio  not  Inoroughly  com* 

I  U'  !  Id  be  possible  to  incorpo- 

I  Willi  our  tockAy  Ibrce  of  your  members 


A*  D.  17«4, 


[39* 


residing  in  Norwich,  inasmuch  ai  it  would  be 
impossible  to  communicate  to  them  at  tbiit 
distance  all  our  corresipondeocc,  and  they 
could  not  attend  our  commilteef,  where  the 
buVmcss  IS  transacted.  If  it  is  informaiicin 
YOU  want,  they  vtr^  readily  will  answer  any 
i|ue**iioti  you  may  put  to  them;  and,toihiit 
end,  invite  you  to  a  regular  correspondenrc. 
Ah  to  the  object  they  have  in  view,  they  refer 
you  to  their  addressee*,  you  will  therein  sec 
they  mean  to  disseminate  political  knowledge 
and  thereby  en^gc  the  judicious  part  of  the 
nation  to  demand  a  rebtoraliou  of  tlieir  fights 
in  annual  parfmrnents,  the  members  of  those 
parhaments  owing  their  election  to  the  un- 
Lought  and  even  unbiassed  suffrage  of  every 
citizen  in  possession  of  his  reason,  and  not 
incapacitated  by  crimes.  They  consider  the 
obtaining  such  parliaments  to  be  tlie  ground 
work  of  every  necessary  reform ;  to  this  there^* 
fore  they  steadily  adhere,  and  turn  Ihemselvce 
neither  to  the  ri^ht  nor  to  the  left,  to  follow 
any  other  plan  whatever;  the  niles  and  order 
of  their  society  bemg  so  plain  and  easy,  thai 
if  they  can  get  a  majurily  of  the  nation  to 
act  as  they  do.  the  proposed  reform  will  ef» 
feet  itself.  They  look  upon  the  trifling  dlffef^ 
ence  that  may  have  arisen  between  the  •€• 
veral  societies  to  be  of  very  little  consequence, 
and  think  they  will  subsiae  without  any  waji 
injuring  the  cau>ie. 

***  They  think  it  a  matter  of  small  impor- 
lance  whatever  name  you  choose  to  adopt 
They  advise  you  to  follow  their  plan,  and  di- 
vide Yourselvf<j  into  small  societies,  each  of 
which  to  choose  a  delegate ;  the  delegates, 
when  met,  to  form  the  committee,  and  tranv 
act  the  business  of  the  society ;  afterwards^ 
let  each  delegtUe  report  to  his  division  the  hu* 
sincssso  done ;  let  him  admit  fresh  members, 
communicate  fresh  intelligence,  encourae* 
political  discussion,  or  read  to  you  such  books 
as  may  convey  the  instruction  your  weaker 
members  stand  in  need  of;  but,  above  all,  be 
caretul  to  preserve  peace  and  good  order 
among  you;  let  no  dispute  be  carried  to  ex- 
cess ;  leave  monarch^%  democracy,  and  even 
religion,  entirely  aside;  never  dbptite  on 
these  topics,  let  your  endeavours  go  to  in* 
crease  the  numbers  of  those  who  wish  for  a 
full  and  equal  representation  of  the  people, 
and  leave  to  a  parliament,  so  chosen,  to  form 
plans  for  remedying  the  existing  ubusei; 
should  they  then'  not  answer  your  C5ipecta- 
tion  at  the  year's  end,  you  may 'choose  otlicfi 
in  their  stead.  The  committee  oflcr  you 
every  assistance  in  their  power,  but  request 
that  your  questions  may  relate  chit*fly  lo  the 
melliods  of  obtaining  a  reform  in  p.irliaincni, 
Dke  yourselves,  they  are  friends  to  ptacc,  not 
anarchy,  and  wcU-wishera  to  the  right?  of 
man ;  yet  not  so  sanguine  in  their  ex  pec  la* 
tions  as  to  imagine  those  rights  will  nc  tt* 
stored  by  the  spontaneous  consent  of  those 
who  have  so  long  deprived  raank  lu, 

Understanding  that  you  are  m^wy  -  jfl 

Norwich,  the  committ^  recoo^mia^  J 


395] 


S5  GEORGE  lU. 


Trud  of  ThmOi  Hardy 


[396'. 


to  unite  upon  tlie  plan  before  mentioned ;  the 
connespondence,  tnen  carried  on  bv  one  com- 
mittee, will  serve  you  all :  they,  likewise  re- 
commend the  appointment  of  one  of  the  least 
conspicuous  of  vour  members  to  receive  such 
letters  as  mav  be  sent  to  the  society,  lest,  if 
he  be  well  known  about  your  town  to  be  a 
member,  some  interruption  might  take  place 
in  the  delivery. 

**  I  am,  for  the  London  Corresponding  So- 
ciety, most  sincerely,  fellow  citizens,  your 
fellow- labourer  in  the  cause  of  freedom, 

'<  M.  M.  chairman,'' 

f'The  Committee   of  the  Friends  of  the 
People. 

''  Londonj  the  Itt  February,  1793. 

**  Gentlemen ;— We  are  instructed  by  the 
committee  of  delegates  of  the  London  Corres- 
ponding Society  to  express  the  satisfaction 
they  experience  in  finding,  by  your  answer  to 
our  letter,  that  your  society  are  willing  to 
communicate  freely  with  those  whose  friends 
they  profess  themselves  to  be :  not  the  less 
determined  to  obtain  the  desired  reform,  had 
you  refused  to  act  in  concert  with  us,  we  yet 
freely  acknowledge  that  your  concurrence  will 
add  great  weight  to  our  so  just  demand.  Leav- 
ing tiie  distinctions  of  rank,  talents,  and  for- 
tune^ entirely  out  of  the  question,  on  a  sub- 
ject m  which  every  man  is  equally  interested, 
all  must  be  convinced,  that  when  members  of 
-  puliamen^  demand  a  reform,  abuses  certainly 
exist ;  and  that  when  men,  distinguished  for 
their  knowledjge  of  the  laws,  join  m  the  pur- 
suit, its  constitutionality  is  suflicicntly  war- 
ranted. 

"  NVith  you  we  think,  that  *  the  common 
'  happiness  of  air  is  the  only  constitutional  au- 
thority laws  can  claim — thai  laws  so  founded 
must  meet  the  affections  of  the  whole  nation 
and  that  those  who  seek  the  most  efiectual 
means  of  obtaining  such,  *  equally  promote 
*  the  present  peace  and  the  future  prosperity  of 
'their  country/ 

"  Venerating  with  you  our  excellent  con- 
sUtution,  wc  are  firmly  persuaded  the  resto- 
ring it  to  its  primitive  purity  will  be  found  a 
surocient  rcme<iy  against  every  abuse  we  com- 
plain of.  Did  wc,  however,  deem  less  highly 
of  its  principles,  we  could  not  be  brought  to 
think  ourselves  so  greatlv  degcncratedas  to 
lie  unequal  to  the  renewal  of  a  task  which  our 
forefathers  undertook,  without  fearing  it  would 
prove  beyond  their  strcn^,  not  to  disgrace 
them  by  supinely  submitting  to  a  total  over- 
throw of  the  glorious  fabric,  reared  by  their 
valour  and  cemented  with  their  blood,  from 
premature  apprcliensions  of  <  the  tempest  tliat 
'might  ensue'  m  a  conflict  of  oppression  aeiiaict 
|;enml  good — ^pecuniary  interest,  and  life 
Itself,  are  never  to  he  brouglit  into  competi- 
tion with  Uber^. 

«WBthuikmiK       alyftr sour  kind  «d- 


evince— we  have  never  departed  from  lent 
obedience,  and  have  thereby  frustrated  me 
evil  designs  of  all  those  who  militate  against 
reform. 

"  You  acknowledge,  that '  to  msh  success 
'  to  the  cause  of  freedom  is  congenial  to  tiie 
'heart  of  a  Briton,'  instead  t}]uBrefore  of  ad- 
mitting your  argument  against  our  havine 
published  such  sentiments  by  a  friendly  a£ 
dress  to  the  National  Convention  of  France, 
that  you,  that  all  other  societies,  that  the 
whole  nation  did  not  catch  the  generous- 
flame,  and  follow  our  example — as  to  the 
handle  likely  to  be  made  of  it  by  our  corrupt 
opposers  ^and  well  we  have  noted  them),  let 
them  use  it  like  most  of  .their  other  machina- 
tions, it  will  only  accelerate  that  which  they 
dread. 

^  We  must  observe,  that  at  a  time  when 
the  enemies  of  mankind  are  exerting  ever^- 
power  to  crush  the  infant  eftbrt  of  Freneh  li- 
berty, it  became  our  duty,  as  friends  to  hu- 
man happiness,  to  express  the  just  abhorrence 
we  entertained  of  a  manifesto  which  we  con- 
ceived aimed,  not  so  much  at  tlie  liberty  of 
France  as  at  the  liberty  of  tlie  world.  But 
to  make  any  particular  comments  ^upon  that 
manifesto  is  now  unnecessary,  as  it  might  be 
unsafe — we  only  wish  every  Briton  to  peruse  it* 

"  Regardless  of  any  evil  intention,  which 
the  niaUce  of  our  enemies  may  attribute  to 
our  conduct,  we  remain  conscious  of  our  rec- 
titude ;  and  that  we  therein  acted  up  to  the 
firee,  open,  manly,  eenerous  national  charao- 
ter  of  Britons — a  character  which  oppression, 
assisted  by  enervating  luxury,  has  not  yet 
been  able  to  entirely  extinguish. 

*•  Unnoticed,  however,  you  have  passed 
over  our  statement  *of  abuses,  our  addresses 
to  the  nation,  our  demand  of  protection,  ad- 
dressed to  those  whose  duty  it  is  to  afford  i^ 
and  our  answer  to  the  calumnies  of  Mr. 
Reeves*s  association,  we  request  your  notice 
of  them.  Pressed  likewise  by  our  numeroue 
country  correspondents  to  give  them  au- 
thentic information  of  what  measures  you 
mean  to  pursue  when  you  mean  to  be- 
gin, and  how  far  you  intend  carrying  your 
proposed  reform;  we  beg  your  explicit 
answer  on  these  heads,  and  that  you  witt 
enable  us  speedily  to  rightly  inform  the  coun- 
try thereon — no  ways  cioubting,  but  that  from 
your  answer,  we  shall  be  enabled  to  assure 
them  tliat  you  arc  really  what  your  title  im- 
|H>rls,  the  Friends  of  the  Feop/e,  for  many 
thousands  of  whom,  in  the  name  of  the  Lon- 
don Corresponding  Society,  united  in  one 
common  interest  and  pursuit,  with  many 
other  societies  in  different  parts  of  the  islancU 
alu^ther  forming  no  despicable  number  of 
useful  members  of  society; — we  have  the 
honour  of  subscribing  ourselves,  your  fellow* 
labourers,  and  humbiB  servaot^t.*' 

«  Sir;— I  am  diiccled  by  the  Society  of  the 
FkiMMlt  of  the  People  to  acknowledge  thera- 
'      "       *      r,  dttod  Fdvuuy  if  V^k 


Jut  High  Tmucfh 

hxvmg  pXtdgBAomteiye^  hr  our  public  acts  and 
ilocumcQU^  to  use  every  cniort  in  our  power  for 
tt(C  purpose  of  obtai  Di  ns  a  com  pie  te.  ^W  tanUa), 
anil  r^oical  refonm  of  the  rcprcsenuiion  vHhe 
people  in  pa  ^  we  never  can  be  sup- 

posed to  ha  lertid  to  any  otbef  body 

of  men  the  citrcise  of  our  own  discretion, 
with  r««pect  both  to  the  plan  which  we 
4eem  most  effectual  for  the  purpose,  and  the 
time  which  we  may  think  must  favourable 
fiif  ,.ft,.^,r.,,  ii  iQ  tjig  public ;  at  present  we 
t>  to  make  public  uur  views  on  these 

iULj,^:  ,   i^uuld  be  lo  furnish  arms  to  our 
mktmieatf  und  to  injure  the  cause  in  which  we 
^^«l  engaged*    The  period,  however,  is  pro- 
^^■pl>ly  not  very  far  distant  when  these  parti* 
Pillars  will  be  niadeknown  to  the  public;  it 
f      5  sufficient  now  to  express  our  confidence, 
that    that  moment  will  prove  by  evidence 
more  substantial  than  professions ;   that  we 
wiU  propoise  no  plan  of  reform  which  is  short 
of  aa  effectual  destruction  of  abuses  in  the 
mpretentation  of  the  people,  and   that  we 
hiife  honestly  exerted  every  iaculty  we  pos- 
IMS  in  choosing  ilie  time  most  favourable  to 
tW  »jcces5  of  our  plan. 

"  >Ve  have  learned,  with  alBiction  and  in- 
digpalion,  the  arbitrary  and  unconstitutional 
jQlortupiioo  of  meetings  of  citizens,  peaceably 
and  lawfully  assembled  for  the  discussion  and 
maintenance  of  their  rights.  We  have  ev6r 
ticwcd  with  utter  disapprobation  both  of 
didr  prtflciptcs  and  proceedings,  tbe  associ- 
ilklis  who  have  been  the  autKors  or  instru- 
mtnlS  of  this  persecution.  Their  principles, 
inellitok^  are  repugnant  to  the  free  spirit  of 
the  Engltsh  law;  and  their  conduct^  we  think, 
bts  bevo  a4  iojurious  aud  oppressive,  as  the 
iriDcirlc  of  their  institution  is  unconstitutional 
aiid  iilMurd.  But  deeply  penetrated  as  we 
«B  with  tiiese  sentiments,  we  neither  pos- 
iCMod  power  nor  le^  competence  to  inter- 
Me  f*--'  thp  Timtection  of  an  individual,  suf* 
Jcnag  r  the  most  unjust  prosecu- 

lioD,    V  lit    therefore    feel    ourselves 

bluoeahle  for  inaction  in  cases  of  which  the 
fBTticTTlaf-  vrrrt  nrvrr  bid  before  us,  and  in 
'^■'  ^»cen  perhaps  impossible, 

«  .  *  i|  for  us  to  have  inter- 

fered. 
_         **Wtdo  not  think  it  necessary  to  make 
^^H|[MrtktilarrtL;.  ^  those  publications 

BM&mi  you  tttve  I  we  are  not  calle^l 

p^^p4Ml  to  proDonrjcc  iin  v  ludgment  on  the  pub- 
of    individuals  or  societies j     and 

t  we  may  lam^*-*   •'"'   ■---" ^s  of 

tome  of  you(  i  lia, 

oweft)rts  iT»i>^t  n.N  I  ^^,  the 

olgeel  of  LI  on  of  an 

Of2aJ3fuii>'  :is].u.l'jn, 

*-  W 
sliW 

ftfia  11^  who  were  bohciious 

tboat  '  ^Afent  of  our  plans  of 

I  fri;such  solicitude  to 

iosen  tlie   indirect 
4iia  m&uiigu^  ciiaiLuci  oi  any  other  society. 


A.  D.  179*. 


[398 


Had  tltey  applied  to  the  Friends  of  the  Peo- 
ple directly^  they  would  a^Hurcdly  have  re- 
ceived every  information  compatible  with 
prudence,  and  with  a  due  regard  to  the  suc- 
cess of  our  rommon  cause. 

"  On  the  subject  of  your  correi^pondeiKe 
with  the  National  Convention  of  France,  we 
freely  communicated  to  you  our  optuion  in  our 
last  letter ;  wc  see  no  reason  to  change  the 
sentiments  which  we  then  express^ed  ou  thie 
prudence  and  tendency  of  thiit  measure,  lor 
though  we  not  only  *  acknowledge,*  but  atow 
with  pride,  *  that  to  wish  success  to  the  causa 

*  of  freedom  is  congenial  lo  the  hvart  of  a 

*  Briton  -/  yet  we  cannot  think  thut  men  ei** 
gaged  in  £o  momentous  a  cause,  as  that  oi 
parliamentary  reform,  are  entitled  lo  u\*ikv 
public  declarations,  even  of  their  must  vir- 
tuous sentiments,  in  any  manner  which  may 
injure  that  cause,  serve  the  purposes,  and 
slrengtlien  the  pretexts  of  its  enemies.  Far 
be  ittrom  us  to  treat  with  severity  and  rifronr 
even  those  errors  and  indiscretions  into  witiii 
men  may  be  betrayed  by  a  generous  zeal  for 
the  cau^e  of  freedom,  but  surely  it  cannot  be 
denied,  that  the  correspondence  of  societies 
in  this  country  with  public  bodies  iu  France, 
has  furnished  the  most  specious  pretences  to 
interested  men,  for  confounding  a  virtuous, 
sensibility  lo  the  interests  of  liberty  in  other 
countries,  with  a  criminal  intention  to  intro- 
duce disorder  and  civil  commotion  into  our 
own ;  it  is  chiefly  by  the  help  of  this  pretext, 
that  designing  men  have  so  successfully  prac- 
tised on  the  alarms  of  the  public,  and  that 
timid  honesty  has  been  rendered  the  dupe 
and  the  instrument  of  corruption.  But  on 
this  subject  all  further  remark  is  now  become 
unnecessary,  as  every  good  citizen  must  now 
feel  himself  precluded  from  all  political  in- 
tercourse with  France  (for  a  period  which  wn 
earnestly  pray  may  be  very  short),  by  a  warp 
the  principle  of  which  we  utterly  disapprove, 
the  mevitable  evils  of  which  we  deeply  de- 
plore, and  at  the  possible  consequences  of 
which  we  tremble.  Among  tlie  most  wis© 
and  honest  fiicnds  of  liberty  there  must  arise 
frequent  differences  of  opinion  and  of  conduct; 
and  these  differences,  the  natural  effect  of  an 
independent  judgment  and  independeot  spirit, 
are  perfectly  compatible  with  nmtuitl  confidenoa 
and  co-operation:  when  indeed  designing  per- 
sons avail  themselves  of  such  differences^  to  sow 
distrust,  and  lo  insinuate  '  r  -  ■  •-  i^iinst  the 
characters  and  intcnticii  it  ;s  then 
only  that  they  become  pt  r . ,  i . .  -  -  1 1 «'  i  ( r ;  <  >  1 1  -3, 
Against  practices  which  might  pr'  i 
a  spirit  of  disunion  and  distrust, 

almost  unnecessary  to  warn  the  i 

liberty,  at  a  moment  when  our  cs.  * 

so  formidable  and  so  united.  Th^  have;>a4.f*- 
ficed  all  inferior  intrrt'Sts  and  all  mrmer  differ- 
ences to  their  comm  il,  in  pcrpetuiii- 
ing  abuses  and  cm  Let  it  not  be 

said,  that  mo?  *  '^ '  ' 

powerful  iufli' 
that  the  love  ui 


lUat  uDi^n  among  her  frieiKls,  iM^bich  In  her 
eoemies  has  arisen  from  the  mot>t  abject  and 
sordid  paB»ioDS« 

*'  It  seems  scarce  necessary  to  represent  to 
the  Ixmdon  CorrespondiDg  Sociely  the  pe- 
culiar necessity  of  circutnypcction  and  mode- 
ration^  at  a  moment  when  the  most  venial 
indiscretion  of  the  friends  of  reform  is  re- 
marked with  such  malignant  watchfulness, 
mod  converted  into  an  argument  against  the 
cause  of  relbrm  itself. 

"  He  muAt  surely  either  be  a  secret  enemf, 
or  an  unsafe  and  pernicious  friend  of  that 
cause,  who  could  prompt  you  to  any  thing 
that  could  be  construed  mlo  indiscretion,  or 
who  would  labour  to  sow  distrust  among  the 
small  number  of  those  who  now  appear  in 
behaif  of  freedom  in  England,  at  a  period 
when  a  persecution  is  earned  on  against  the 
friends  of  reform  at  home,  and  a  war  is  com- 
menced, which  in  ils  progress  may  combine 
the  arms  of  England  witli  those  of  powers 
engaged  in  a  crusade  against  the  general  U- 
berties  of  Europe. — In  name  and  by  order  of 
the  committee,       Edwakd  Jer.  Curteis, 

**  Chairman  of  the  committee. 
•'  No.  52,  Frith-Street, 
February  15, 1793. 

'*To  Mr.  Thomas  Oardy,  secretary  to  the 
London  Corresponding  Soaety.'' 

Mr,  Edward  Lautun  deposerd,  that  he  found 
the  following  paper  m  Mr.  Hardy's  house. 

**  Sir ;— The  committee  of  Ibe  Ivondon  Cor- 
responding Society  have  it  present  to  acknow- 
kdgc  the  receipt  of  your  letter  of  the  15lb  of 
February. 

"  With  pleasure  we  perceive  your  society 
not  unwilhng  to  keep  up  a  correspondence  witn 
us,  yet  at  the  same  time  we  are  Mjrry  thai 
you  should  appear  to  be  hurt  by  the  plain 
ijtiestions  we  put  to  you  in  our  last ;  to  ask  of 
you  what  measures  you  mean  to  pursue  in  a 
matter  which  concerns  us  all,  is  ccrlamly  no 
wa^b  calling  upon  you  to  surrender  up  to  our 
w^cicty*  or  even  to  the  public  at  large,  your 
discretion ;  nor  can  we  conceive  that  a  body 
of  men  having  pledged  themselves  to  the 
public,  can  be  a  sufficient  security  to  that 
public  to  repose  implicit  confidence  in  them, 
without  being  made  further  acquainted  with 
the  nature  and  extent  of  the  plan  you  mean 
1o  pursue,  in  order  that  we  the  people  may, 
if  we  approve  it,  co-operate  witn  you ;  the  | 
extent  of  your  proposed  reform  we  apprehend 
is  alitjady  determined  upon,  and  we  can  dis- 
cover no  advantage  hkely  to  result  from  its 
secrecy ;  on  the  contrary,  if  we  are  to  ask  for 
ourselves  the  same  thing  which  our  frifi^nds 
mean  to  a^k  for  us,  the  Utter  must  receive 
their  instructions  from  us,  or  w*c  must  be  di- 
rected by  theui ;  in  i^ither  rn^v  there  mu^t  be 
no  secrets ;  we  Uv  1 1  the  per- 

manency of  a  re)  d  on  the 

i£quiitceiic€  of  the  public,  wliu  irely 

iMflMraliAg  ob  enry  ihiog  pi  Aim 


have  found  yottr  pbn  the  moat  tbeM  and  the 
best  that  couM  possibly  be  laid  down.  The 
business  we  are  engaged  in  is  of  too  impor^ 
tant  a  nature  to  admit  of  re»erte  or  disguise ; 
we  will  therefore,  by  the  fivftkness  of  our  be- 
haviour, show  ourselves  worthy  the  friend* 
ship  of  a  society  of  honest  men  endeavouring 
to  serve  then'  country,  and  plainly  fell  yo« 
our  country  correspondents  did  not  desire  us 
to  inquire  of  you  what  you  meant  to  do^  btit 
fairly  askedf  us  whether  we  thought  yoa  ho^ 
ne^t?  whether  wo  thought  you  meant  to 
serve  a  party^  or  the  nation?  whether  we 
imagined  you  mtended  a  fiarUal  or  a  complete 
reform  ?  Addressed  in  this  manner  to  us,  and 
blunt  as  these  questions  may  appear,  they  have 
nothing  in  tliem  which  can  possibly  offend 
you,  the  people  having  always  an  undoubted 
right  to  scrutinize  the  character  and  princi- 
ples of  those  who  call  themselves  their  friends, 
and,  as  such,  avow  an  inleniion  of  brinpog 
forward  measvires  in  which  we  are  all  so 
deeply  interested.  As  to  the  furnishing  our 
enemies  with  arms  by  a  disclosure  of  our  in- 
tenUon,  we  cannot  conceive  that  demands^ 
founded  on  conslilulional  rights,  can  lose  aoy 
of  their  force  by  being  made  public.  Heasoa 
(virt$  acquirtt  rundo)  to  trmmph  requires 
only  to  be  known ;  and  as  none  of  the  peo- 
ple's demands  are  founded  on  fallacy,  to  take 
the  enemy  by  surprise  would  be  unworthy  of 
the  public  champions,  and  moreover,  per- 
fectly needless  when  inrth  .jfid  reason  must 
imavoidably  bear  down  all  before  them  with- 
out  the  assistance  of  guile. 

**  Under  the  idea  tliak,  where  you  say  *  you 

*  neither  possessed  power,  nor  legal  compe- 

*  tence  to  interfere  for  the  pfotecfion  of  an 

*  individual,  suffering  under  the  iiiu!*t  uiyusi 
'  prosecution,'  you  allude  to  the  case  of  our 
bill  sticker,  we  must  beg  to  set  you  right,  and 
to  inform  you  wo  never,  as  a  94>cicty,  sougiht 
the  interference  of  any  body  of  men  ;  on  uie 
contrary,  we  are  firmly  persuaded,  bo^'^^r 
hard  such  cases  may  bear  upon  individtialt^ 
they  will  eventually  prove  of  service  to  Ihft 
public,  nothing  having  a  greater  tendency 
towards  rousing  the  country  from  its  too  pr^ 
valent  apathy,  with  regard  to  stretch  of  prero» 
gative  and  abuse  of  power. 

"  As  to  our  Address  tothc  Frent^  **  ''  ;  ul 
Convention,  we  imagine  it  best  to  ^  rei 

about  it  at  present,  only  that  if  it  ii,\^  HiTui^ti* 
ed  pretexts  to  dcsij^ning  men,  it  ha«  only  s»y- 
ed  them  the  trouble  ot  seeking  excuses  ebe^ 
where :  but  such  men,  cveu  wjihout  our  aid, 
would  have  been  at  no  loss  ;  at  the  same  timey 
we  are  to  believe  the  plan  fiit  war^  if  con- 
ceived before  then,  was  bv  no  means  accele^ 
rated  thereby; — intended  as  prcvenlativrs, 
addresses  might  have  been  cffcrttnl,  if  tliey 
had  not  been  more  general'  h  tbe 

only  fault  therein,  that  by  u  i   idca^ 

the  addressers  gave  credit  to  tl)c  imuuu  for  m 
greater  degree  of  energy  than  it  really  po»* 
aessed.  We  agree  with  you^  that  imtt/  «f 
a«Qliment  b  no  way  in^mpatible  wllb  flinfb 


4BI\ 


Jbr  High  Treaam. 


A.  D.  1794-. 


[4G2 


sityofopinioQy  mnd  that  the  latter  is  natural 
to  kidepcadent  minds;  with  the  same  ob- 
ject in  view,  their  mode  of  pursuing  it  will 
undoubtedly  differ;  with  caution,  tnerefore, 
we  will  watch  over  those  who  wish  to  sow 
the  seeds  of  unnecessary  distrust  among 
iHy  and  will  at  the  same  time  take  good  care 
thai  the  doctrine  of  implicit  confidence  may 
not  gain  ground  among  us ;  full  as  much  as 
yourselves,  we  plead  uie  necessity  of  union 
«nonj  the  friends  of  liberty,  but  lament 
that  It  is  prevented,  or  at  least  retarded 
in  many  instances  by  the  very  same  thing 
that  promotes  it  among  the  enemies  of  re- 
ibnn»  namely,  interest;  with  them,  all  their 
interest  is  ror  the  continuation  of  abuses, 
while  to  some  of  us  a  reform  must  be  attended 
with  pccuniarv  loss,  and  many  others  would 
lose  their  employ,  their  daily  bread,  were  it 
known  they  took  an  active  part;  thus,  the 
•une  motive,  assuming  on  one  side  the  ap- 
peannce  of  a  virtue,  gives  emulation  to  bad 
■ten,  and  on  the  other,  in  its  vilest  but  most 
nstnnl  form,  stays  the  progress  of  those  who, 
«ith  the  best  intentions,  Islbour  to  save  their 


"  We  thank  you  for  your  kind  and  prudent 
aifioe, enjoining  us  moderation  and  discretion 
•ttUs  critical  moment,  when  every  impru- 
daoe  in  the  advocate  is  liable  to  be  rendered 
mudicial  to  the  cause  itself." 

Mr.  Gnrra9Q4 — It  appears  by  its  contents  to 
kan  answer  to  Mr.  Curteis's  letter. 

Aktundtr  Grant, — ^Examined  by  Mr.  G arrow, 

I  believe  you  are  by  business  a  printer  ?-- 
Yes,  I  am. 

Did  you  at  any  time,  and  when,  become  a 
nember  of  the  London  Corresponding  Society  ? 
—Yes ;  I  believe  in  the  beginning  oftlie  year 

To  which  of  the  divisions  of  the  society  did 
^  belong  ?— I  think  it  was  No.  S. 

Where  were  the  meetings  of  that  division 
yMf^-KX  the  house  of  a  Mr.  Dyde,  at  the 
Bell  in  Exeter-street. 

Name  some  of  the  persons  who  frequented 
those  meetings  of  the  divisions. — ^Therewas 
Mr.  Margarot  used  to  be  one. 

What  character  was  Margarotin  the  society  ? 
—He  was  conceived  by  mc  to  be  president  of 
tbe  division. 

Did  be  act  as  such  P— Yes. 

Who  else  ? — Mr.  Uichtcr,  Mr.  Moore,  and 
aeferal  others  that  I  do  not  recollect.  I  knew 
my  few  of  them.  I  think  Mr.  Bydc,  the 
master  of  the  house,  was  a  member. 

Were  you  applied  to  at  any  uf  those  meet- 
ings to  print  any  papers  for  tlic  divisions^ 
or  for  the  society  at  large?— I  was  not  at  lliat 
time. 

When  were  you,  if  ever,  applied  to  to  print 
aj? — I  was  applied  to  some  time  in  the 
■iddle  or  the  latter  end  of  the  year  1793. 

Whom  was  that  application  made  to  you 
by^— I  believe  by  Mr.  Gow. 

Was  thfttmpfdKttkm  made  by  him  at  the 

VOL.  XXIV. 


society,  or  at  one  of  the  division  meetings  ? — 
I  do  not  know  positively,  but  I  know  I  re- 
fused to  print  something  that  was  shown  mc. 

I  do  not  ask  you  the  contents  of  that  paper ; 
but  did  you  afterwards  print  any  thing  else 
for  the  society,  which  you  were  paid  for  by 
any  ol'  those  persons  that  you  have  named  ? — 
Yes :  I  printed  a  posting  bill. 

Upon  whos^  application  did  you  print  that 
postmg  bilH-^Mr.  Kichter.  I  read  it  over 
with  Mr.  Richter ;  and  I  agreed  to  print  it, 
and  did  print  it. 

Do  you  mean  the  same  Mr.  Richter  that 
you  have  named  as  a  member  of  the  society  ? 
-Yes. 

Did  you  ever  see  Mr.  Richter  at  any  of  those 
meetings  of  the  divisions  at  which  the  prisoner 
attended?— Yes. 

You  say  you  undertook  to  print  that  which 
Kichter  applied  to  you  to  print. — Yes ;  five 
hundred  copies. 

Who  paid  you  for  them  ?— Mr.  Hardy,  the 
prisoner. 

Were  there  any  directions  given  yon  as  to 
the  time  by  which  they  would  be  required  to 
be  printed?  was  there  any  extraordinary  expe- 
dition required? — ^They  were  ordered  to  be 
done  as  fast  as  possible ;  and  I  recollect  when 
they  were  done  I  ordered  them  to  be  sent  toMr. 
Hardy's ;  and  I  imagine  my  order  was  com- 
plied wiQi. 

How  soon  after  you  liad  ordered  them  to  be 
sent  to  Mr.  Hardy's  did  you  see  Hardy  ? — I 
dare  say  it  was  two  or  three  days  after. 

Did  he  pay  you  for  those  which  you  had 
ordered  to  lie  sent? — Yes;  but  they  were 
sent  back  to  my  house. 

Did  he  pay  before  the  order  came  for  send- 
ing them  back  to  your  house,  or  afterwards  .'— 
No.    I  was  paid  afterwards. 

And  then  the  papers  were  returned  to  your 
house? — ^I'hey  were  retunitd  the  very  same 
day  they  were  sent. 

What  became  of  them  after  they  were  sent 
hack  to  your  house?  did  the  circumstance 
which  you  were  about  to  state  come  to  your 
knowledge  from  Hardy,  or  did  you  ever  con- 
verse witli  him  upon  that  subject  ?— No : 
never. 

Do  you  know  of  your  own  knowledge 
what  became  of  the  pajKirs  after  they  wen: 
returned  to  your  house  ?— They  were  given  by 
my  warehouseman  to  one  Carter  to  stick  up 
in  the  streets. 

Mr.  Kt  shine. — Did  you  see  them  given  ? — 
No. 

Mr.  C»finozc.—T)o  you  know  in  fact  that 
jiny  uf  those  bills  that  you  printed,  and  which 
Hardy  pnid  you  for,  were  sluck  up  in  the 
streets  of  this  town? — No;  I  could  not  swear 
that,  for  I  did  not  sec  any  to  the  best  of  my 
recollection. 

Had  you  any  conversation  with  Mr.  Hardy 
respecting  those  papers  which  Carter  was 
sujiposed  to  have  had  something  to  do  with? 
—Yes. 

What  passed  between  Mr.  Hardy  and  v^vv 

2  D 


403] 


35  GEORGE  UL 


Trial  of  Thomtu  Hardy 


lAOk 


upon  thai  subject  ?— Mr.  Hardy  iuformed  me 
that  Carter  had  been  taken  up. 

You  bad  given  orders  that  these  bills  should 
be  delivered  to  Carter ;  were  they  in  fact  deli- 
vered out  of  your  possession  after  they  were  re- 
turned from  Hardy's?— They  were  not  deli- 
vered by  my  order  to  Carter. 

Were  they  delivered  out  of  your  possession  ? 
—They  were. 

After  that  Hardy  told  you  Carter  had  been 
taken  up? — Yes,  for  putting  up  those  bills, 
which  I  told  him  I  had  been  informed  of  be- 
fore. 

For  putting  up  the  bills,  where  ? — ^Up  in  the 
streets  in  this  town. 

Did  any  thing  more  pass  upon  that  occa- 
sion ?— No. 

Do  you  know  that  Carter  was  in  fact  in  pri- 
son for  posting  up  those  bills  ? — I  heara  it 
from  Mr.  Hardy.    I  never  saw  him  in  prison. 

Look  at  this,  and  tell  us  whether  this  is 
one  of  the  bills  that  you  printed  ?— Yes,  I  be- 
lieve that  is  the  very  identical  bill ;  I  have  no 
doubt  about  it. 

Had  you  any  conversation  with  Mr.  Hardy 
with  respect  to  any  other  papers  which  you 
had  been  applied  to  to  print,  and  which  you 
had  refused  to  print— did  Mr.  Hardy  say  any 
thing  to  you  about  your  having  declined  to 
print  for  the  society  ? — He  did  al^ut  an  addi- 
tional order  that  I  had. 

•  The  first  order  you  complied  with  was  for 
five  hundred  ?— Yes. 

Who  gave  you  the  additional  order? — 
There  was  an  order  brought,!  cannot  tell  by 
whom,  to  me,  for  five  huiKlrea  large  bills,  and 
a  thousand  small  ones. 

Had  you  any  conversation  with  Mr.  Hardy 
about  that  additional  order? — ^Yes:  he  said 
he  had  heard  that  I  refused  to  print  them. 

Had  you  refused  to  print  them  ? — ^I  had  ac- 
tually refused. 

How  long  did  you  continue  a  member  of 
the  society  after  you  had  refused  so  to  print 
for  them  ?— In  fact,  I  had  not  frequentea  the 
society  for  some  time  before  that :  I  believe 
that  was  in  the  end  of  November,  or  the  be- 
ginning of  December. 

How  much  was  the  sum  he  paid  you  ? — 
Two  guineas. 

You  named  Mr.  Margarot  as  one  ofthe  per- 
sons psesent  at  those  meetings:  in  what 
character  did  he  act  ? — He  acted  in  the  capa- 
city of  president  ofthe  dclegiites. 

In  what  character  did  the  prisoner.  Hardy, 
act  ? — As  secretary  of  the  division,  and  like- 
wiiae  as  secretary  of  the  society  itself,  I  be- 
Keve. 

Lord  Chief  Justice  fJyrc— Was  there  any 
secretary  to  the  division  ? — I  do  not  know  ex- 
pressly; for  I  only  was  twice  or  three  times 
at  the  furtiiest  among  the  delegates. 

Lord  Chief  Justice  £yre.— And  it  was 
there  that  Hardy  acted,  was  it?— He  acted  as 
secretary  to  the  society  at  large. 

Lord  Chief  Justice  £yre.— Where  was  it 
that  he  acted  N-At  Mr.  fiyde'8. 


Lord  Chief  Justice  Eyre, — ^Do  you  mean 
that  that  was  a  meeting  of  the  division  or  of 
the  deleptes  ? — Of  the  division. 

Mr.  Garrow, — Were  you  ever  at  the  Uni- 
com ? — ^Yes ;  I  was  there  once. 

Try  to  recollect  any  ofthe  members  yon 
saw  tlicre  ? — ^Therc  were  a  great  many  there; 
I  knew  veiy  few. 

Lord  Chief  Justise  Eyre, — ^Was  that  a  divi- 
sion meeting,  or  what  ? — 1  believe  it  was  the 
same  society  moved  firom  the  Bell  to  the  Uni- 
corn, the  same  society  or  the  same  division 
that  was  there, 

[The  address  read.] 
''  Address  of  the  London  Corresponding 
Society  to  the  other  Societies  of  Great 
Britain,  united  for  the  obtaining,  a  reform 
in  parliament. 

''  Friends  and  Fellow  Countrymen; — Unless 
we  are  greatly  deceived,  the  time  is  approacl>- 
ing  when  the  object  for  which  we  struggle  is 
likely  to  come  within  our  reach.  That  a  na- 
tion like  Britain  should  be  free,  it  is  requisite 
only  that  Britons  should  will  it,  to  become  so. 
That  such  should  be  their  will,  the  abuses  of 
our  original  constitution,  and  the  alarm  of 
our  aristocraUc  enemies,  sufficiently  witness^ 
Confident  in  the  purity  of  our  motives,  and  in 
the  justice  of  our  cause,  let  us  meet  false* 
hood  with  proofs,  and  hypocrisy  with  plain- 
ncss,  let  us  persevere  in  declaring  our  princi* 
pies,  and  misrepresentation  will  meet  its  due 
reward — contempt. 

''  In  this  view,  the  artifices  of  a  late  aristo- 
cratic association,  formed  on  the  20th  instant, 
call  for  a  few  remarks,  on  account  of  the  de- 
claration they  have  published  relative  to  other 
clubs  and  societies  formed  in  this  nation.  It 
is  true  that  this  meeting  of  gentlemen  (for  so 
they  style  themselves)  have  mentioned  no 
names,  instanced  no  facts,  Quoted  no  autho- 
rities ;  but  they  take  upon  tncmselves  to  as- 
sert, that  bodies  of  their  countrymen  have 
been  associated,  professing  opinions  favourable 
to  the  rights  of  man,  to  liberty,  and  equality ; 
and,  moreover,  that  those  opinions  are  con- 
veyed in  the  terms,  no  King,  no  Parliament-— 
So  much  for  their  assertions. 

''  If  this  be  intended  to  include  the  socie- 
ties to  which  we  respectively  belong,  we  here, 
in  the  most  solemn  manner,  deny  the  latter  part 
of  the  charge ;  while,  in  admitting  the  former, 
we  claim  tlie  privilege  and  glory  in  the  cha- 
racter of  Britons ;  whoever  shall  attribute  to 
us,  who  wish  only  the  restoration  of  the  lost 
liberties  of  our  country,  the  expressions  of  No 
King,  No  Parliament,  or  any  design  of  invad- 
ing the  property  of  other  men,  is  guilty  of  a 
wilful,  an  impudent,  and  a  malicious  false- 
hood. 

**  We  know,  and  are  sensible,  that  the 
wages  of  every  man  are  his  right;  that  diff^ 
rencc  of  strength,  of  talents,  and  of  industfjj 
do,  and  ought  to  afford  proportional  disttno- 
tkuis  of  property,  which  when  acquired  and 
confirmed  bj  the  lawsy,  is  sacred  aid  innoto- 


toq 


for  High  Treason. 


A.  D.  1794. 


[406 


bie ;  we  defy  the  most  slavish  and  malevolent 
man  in  the  meeting  of  the  20th  instant,  to 
bring  the  remotest  proof  to  the  contrary.  If 
there  be  no  proof,  we  call  upon  them  to  jus- 
tify an  insidious  calumny,  which  seems  in- 
vented onl;^  to  terrifi^-  independent  Britons 
from  reclaiming  the  rightful  constitution  of 
their  country.  We  aamit.  and  we  declare, 
that  we  are  friends  to  civil  liberty,  and  there- 
fore to  natural  equality,  both  of  which  we 
consider  as  the  rights  of  mankind.  Could 
we  believe  them  to  be  '  in  direct  opposition 
*  to  the  laws  of  this  land,'  we  should  blush  to 
find  ourselves  among  the  number  of  its  inha- 
bitants ;  but  wc  are  persuaded  that  the  abuses 
of  the  constitution  will  never  pass  current  for 
its  true  principles ;  since  we  are  told  in  its 
fint  charter,  that  all  are  equal  in  the  sight 
of  the  law,  which  <  shall  neither  be  sold,  nor 
'  n&med,  nor  delayed,  to  any  freeman  what- 
'loever;' should  it  ever  happen  that  'right 
'  and  justice*  are  oj^P^sed  by  expense,  by  re- 
finaly-OT  by  delay,  then  is  this  principle  of 
eqoality  violated,  and  we  are  no  longer  free 


*!  Such  are  our  notions  of  those  rights 
which  it  is  boldly  maintained  *  are  inconsis- 
'  lent  with  the  well  being  of  society/  But 
let  us  not  suffer  men  who  avow  no  principles 
cf  liberty^  whose  favourite  cry  is  inequality  of 
poperty,  to  estrange  others  of  our  country- 
men from  aiding  us  in  serving  the  community, 
and  ifom  recovering  to  the  nation  that  share 
of  Its.  sovereignty  which  has  unhappily  been 
acrificed  to  corrupt  courtiers  and  intriguing 
boroo^bmongers. 

"  U  our  lawB  and  constitution  be  just  and 
vise  in  their  origin  and  their  principle,  every 
demlion  from  them  as  first  established,  must 
be  injurious  to  the  people,  whose  persons  and 
IMoperty  were  then  secured;  if  at  the  revolu- 
tion this  country  was  adequately  represented, 
itb  DOW  so  DO  longer,  and  therefore  calls 
ikiud  for  reform. 

**  If  it  be  true  that  the  people  of  Britain  are 
aipcnor  to  other  nations,  is  it  that  our  taxes 
are  less  burthensomc  ?  or  that  our  provisions 
ne  less  expensive?  is  it  from  the  various 
productions  of  our  soil  that  we  are  rich  ?  is  it 
owing  to  the  majority  of  our  numbers  that  we 
arettrong?  Certainly  not.  France  has  the 
idvanta^  in  all  these  respects,  and,  up  to 
this  period,  she  has  never  been  our  superior 
in  wealth,  in  power,  in  talents,  or  in  virtues. 
But  let  us  not  deceive  ourselves,  the  difference 
betweeD  us  and  that  nation  was  formerly, 
Ifait  our  monarchy  was  limited,  while  theirs 
WIS  absolute;  that  the  number  of  our  aristo- 
cfB^did  not  equal  the  thousandth  part  of 
theirs;  thaiwenad  trial  by  jury,  while  they 
had  none;  that  our  persons  were  protected  by 
the  laws,  while  their  lives  were  at  the  mercy 
of  ewery  titled  individual :  we  therefore  had 
that  to  fi^t  for  which  to  them  was  unknown; 
mm  we  were  men  while  they  were  slaves. 

**  The  aoene  iDdeed  has  changed ;  hke 
ov  bnve  aacestora  of  the  last  century, 


they  have  driven  out  the  femily  that 
would  have  destroyed  them;  they  have 
scattered  the  mercenaries  who  invaded  their 
freedom,  and  have  *  broken  their  chains  on 
*  the  heads  of  their  oppressors.'  If  during 
this  conflict  with  military  assassins  and  do- 
mestic traitors,  cruelty  and  revenge  have 
arisen  among  a  few  inhabitants  of  the  capital, 
let  us  lament  these  effects  of  a  bloody  and 
tyrannous  manifesto,  but  let  us  leave  to  the 
hvpocrrte  pretenders  to  humanity,  the  task  of 
blackening  the  misfortune,  and  attributing  to 
a  whole  nation  the  act  of  an  enraged  popu- 
lace. 

"  As  we  have  never  yet  been  cast  so  low 
at  the  foot  of  despotism,  so  it  is  not  requisite 
that  we  should  appeal  to  the  same  awfiil  tri- 
bunal with  our  brethren  on  the  continent 
May  our  enmities  be  written  in  sand,  but  may 
our  rights  be  engraven  on  marble  I  We  de- 
sire to  overthrow  no  property  but  what  has 
been  raised  on  the  rums  of  our  liberty :  we 
look  with  reverence  on  the  landed  and  com- 
mercial interests  of  our  country,  but  we  view 
with  abhorrence  that  monopoly  of  burgage 
tenures,  unwarranted  by  law  or  reason  in  this 
or  any  other  nation  in  Europe. 

"  Let  us  then  continue  with  pleasure  and 
firmness  in  the  path  which  is  begun ;  let  us 
then  wait  and  watch  the  ensuing  sessions  of 

garliament,  from  whom  we  have  much  to 
ope,  and  little  to  fear.    The  House  of  Com- 
mons may  have  been  the  source  of  our  cala- 
mity, it  may  prove  that  of  our  deliverance. 
Should  it  not,  we  trust  we  shall  not  prove  un- 
worthy of  our  forefathers,  whose  exertions  in 
the  cause  of  mankind  so  well  deserve  our  imi- 
tation. 
(Signed)     Maurice  Margarot,  chairman. 
Thomas  Hardy,  secretary. 
**  London, 
29th  Nov,  1792." 

Mr.  Edward  Lauzun. — I  found  this  paper 
in  Mr.  Hardy's  house. 

[It  was  read.] 

**4M  March,  1793. 

"Sir;— The  London  Corresponding  Society 
have  at  present  to  acknowledge  your  last,  and 
to  answer  more  fully  your  preceding  letter. 

"  With  regard  to  petitioning  parliament,  we 
are  unanimous  in  the  opinion  that  such  a  pe- 
tition will  not  produce  a  reform ;  yet,  from 
many  considerations,  we  are  now  |)ersuadcd 
that,  if  every  society  in  the  island  will  send 
forward  a  petition,  we  shall  ultimately  gain 
ground;  for  as  much  as  it  will  force  tlie 
present  members  of  the  senate  to  repeatedly 
discuss  the  subject,  and  their  deliberations 
printed  in  the  difierenl  new&p«ipers,  will  most 
naturally  awaken  the  public  mind  towards  the 
object  of  our  pur&uit  .  The  nation  once  in- 
formed tbdt  a  reform  in  parliament  is  sought 
for  froui  dilicrent  quarters,  .gives  rise  to  de- 
bates in  the  liuii^e  of  Commons,  and  is  ac- 
knowledged by  every  rank  to  he  wanting, 
will  begin  to  exercise  their  own  rcobon  ou 


407] 


35  GEORGE  lU. 


Trial  of  Thomas  Har^ 


[409 


this  subject;  arrived  at  that  period,  we  pre- 
sume our  business  will  be  nearly  accomplished. 

"  Let  us  then  closely  follow  up  our  Not- 
tingham brethren ;  let  every  society  petition 
separately ;  let  every  week  furnish  a  fresh  pe- 
tition, and  atl'ord  a  fresh  debate.  Wc  seek  to 
open  the  eyes  of  the  public :  petitions  on  our 
part,  and  rf  jections  on  the  part  of  the  minis- 
try, will  effectually  do  it :  we  therefore  highlv 
approve  of  your  idea,  and  will  ourselves  fal- 
low It  up,  and  recommend  it  to  all  the  other 
societies  we  correspond  with;  and,  withal, 
we  recommend  to  you  that  no  time  be  lost  in 
so  doing. 

**  With  you,  we  lament  the  evils  of  an  im- 
prudent and  inconsiderate  war — a  way  rather 
eagerly  sought  for  the  advancement  of  private 
ends,  than  carefully  deprecated  from  conside- 
rations of  public  good;  a  contest  unfavourable 
to  this  country,  whether  either  France  or  des- 
potism gain  the  upper  hand.  We  join  with 
you  in  gratitude  to  those  worthy  members  of 
cither  House  who  have  endeavoured  to  avert 
this  national  calamity,  to  whom  we  have 
likewise  returned  our  public  thanks ;  and  we 
remain,  with  sincerity  and  alfection, — your 
friends  and  fellow-labourcrs, 

«( .  » 

No  signature. 

Addressed  "  Mr.  William  Carnage, 
Sheffield." 

Mr.  Edward  Latizun* — ^I  found  this  paper 
in  Mr.  Hardy's  house. 

Mr.  G arrow. — ^This  is  a  draught  of  a  letter 
toSkirving;  the  original  letter  was  found  in 
Skirving*s  possession. 

[It  was  read.] 

"  Ix>ndon,  May  17,  1793. 

'*  Sir ; — ^The  London  Corresponding  Society 
eagerly  seizes  the  oj>portnnily  of  Mr.  Urqu- 
liart  returning  to  Edinburgh  to  request  of 
3'our  society  a  renewal  of  correspondence,  and 
a  more  intimate  co-opcratiun,  \\\  that  which 
l)Oth  societies  alike  seek,  viz.  a  reform  of  par- 
liamentary representation.  We  are  very  sen- 
sible that  no  society  can  of  itself  bring  about 
that  desirable  cnd.*^  Let  us  therefore  unite  as 
much  as  possible,  not  only  with  each  other, 
but  uith  every  socictv  throughout  the  nation. 
Our  petitions,  yon  will  have  learned,  have  all 
of  them  been  unsuccessful :  our  attention 
must  now,  therefore,  be  turned  to  some  more 
cifectual  means.  l'*roin  your  society  we  would 
willingly  learn  them ;  and  you,  on  your  part, 
may  Jepcnd  upon  our  adopting  the  lirmcst 
means,  provided  they  are  constitutional :  and 
we  hope  the  country  will  not  be  behind  hand 
with  us. 

**  This  war  has  already  opened  the  eyes  of 
many,  and,  should  it  continue  much  longer, 
there  is  no  answering  for  its  cflccts  on  the 
minds  uf  the  people. 

"  Our  society  has  met  with  much  persecu- 
tion; nevertheless,  we  go  on  increasine  in 
nuiobers  and  political  knowledge.    Wishing 


you  and  our  cause  all  success,  wc  remain  most 
cordially,— sir,  for  the  London  Corresponding 
Society,  your  friends  and  fellow-labourers^ 
(Signed)  M.  Maboarot,  chairman. 

Thomas  Hardy,  secretary. 
^  No.  9,  Piccadilly. 

"  To  the  secretary  of  the  Society  of  the 
Friends  of  the  People,  Edinburgh."  AddressoL 
on  the  back  thus : 

^'  Mr.  William  Skirvin^,  secretary  to  the 
convention  of  the  Friends  of  the  People, 
Edinburgh.'' 

[The  answer  of  William  Skirving  read.] 

Indorsed,  ''  Received  the  10th  of  June, 
1793;  answered  the  20th  of  July." 

«  Edinburgh,  9SthofMay^  1793. 

"Mr. Hardy; — Sir,  Mr.  Urquhart  did  me 
the  pleasure  to  call  on  Thursday  afternoon, 
and  delivered  your  letter  of  the  17th  current. 
J  am  much  pleased  with  tlie  contents  of  it, 
and  shall  lay  it  before  the  first  meeting  of  our 
societies  here,  which  however  does  not  take 
place  till  Monday  seven-night.  I  woukl 
have  acknowledged  the  receipt  of  your  fiivour 
bv  yesterday's  post,  but  was  too  much  em- 

{uoyed  in  removing  our  household  to  another 
odging  to  attend  to  any  thing  else. 

"  if  either  you  in  England,  or  we  in  Scol« 
land  should  attempt  separately  the  reform 
which  we,  I  trust,  seek  to  obtain,  we  should, 
by  so  doing,  only  expose  our  weakness,  and 
manifest  our  ignorance  of  the  corruption 
which  opposes  our  important  undertaking. 
If  we  sought  only  the  extirpation  of  one  set  of 
interested  men  from  the  management  of  na- 
tional aifairs,  that  place  might  be  given  to 
another  set,  without  affecting  the  vitals  ad« 
verse  to  the  system  of  reform.  These  might 
be  easily  accomplished ;  but  to  cut  up  deep 
and  wide  rooted  prejudices,  to  give  enectual 
energy  to  tiic  dictates  of  truth,  in  favour  of 
public  virtue  and  national  prosperity,  in  oppo* 
sition  to  self  and  all  its  interested  habits,  and 
to  withstand  and  overawe  the  tinal  efibrts  of 
the  powers  of  darkness,  is  the  work  of  the 
whole,  and  not  of  a  part ;  a  work  to  which 
mankind,  till  this  awful  period,  were  never 
adequate,  because  never  till  now  disposed  to 
fraternize ;  not  merely,  or  only  I  trust,  from 
the  sense  of  the  common  danger  to  which 
we  arc  ex|>osed,  but  from  the  ennobling  prin- 
ciple of  imiversal  benevolence. 

**  I  kuow  no  greater  service  that  I  can  do 
my  country,  than  to  promote  the  union  you 
so  wisely  desire  ;  and  1  am  luippy  to  assure 
yuu  that  I  have  hitherto  discovered  no  senti- 
ment in  our  association  adverse  to  the  most 
intimate  and  brotherly  union  with  the  asso- 
ciations in  England. 

<*  I  think  the  minds  of  all  must,  in  the 
nature  of  things,  be  now  turned  to  more  efiec* 
tual  means  ot  reform.  Not  one  person  was 
convinced  of  the  necessity  of  it  l^  the  most 
convincing  arguments  of  reason,  together  with 
the  most  unequivocal  eaprssaians  oif  univecnl 


409] 


^r  High  Treatou. 


A.  D.  1794. 


[410 


desire ;  what  then  is  to  be  hoped  for  from 
repetition  ?  I  am  only  afraid  that  the  bow  in 
England  against  reform  was  so  contracted  tliat 
in  returning,  it  may  break.  You  would  wili- 
ioglv  learn,  you  say,  from  us:  I  own  that  we 
ought  to  be  forward  in  this :  we  have  at  once, 
in  ^reat  wisdom,  perfected  our  plan  of  organi- 
sation ;  and,  if  we  were  in  the  [same  mde- 
pendent  state  of  mind  as  the  people  of  England, 
we  would  be  able  to  take  the  lead.  The 
associations  with  you  are  no  more,  I  fear, 
(excuse  my  freedom)  than  an  aristocracy  ibr 
the  good  of  the  people :  they  are  indeed  mo- 
derate,  firm,  and  virtuous ;  and  better  cannot 
be :  but  we  arc  the  people  themselves,  and  we 
are  tlie  first  to  show  that  the  people  can  both 
judpe  and  resolve,  if  undirected  by  faction, 
with  both  wisdom  and  moderation. 

'*  I  have  not  a  higher  wish,  in  the  present 
exertions  for  reform,  than  to  bee  the  people 
universally  and  regularly  associated,  because 
I  am  persuaded  tnat  the  present  disastrous 
engagements  will  issue  in  ruin,  and  the  people 
then  must  provide  for  themselves;  and  it 
would  be  unhappy,  when  we  should  be  ready 
to  act  with  unannnity,  tu  be  occupied  about 
organization,  without  which,  however,  anarchy 
must  ensue.  We  will  not  need  but  to  be 
prepared  for  the  event,  to  *  stand  and  see  the 
*  suvation  of  tlie  Lord.'  Let  us  therefore 
take  the  hint  given  us  bv  our  op  posers ;  let  us 
be^  in  earnest  to  make  up  our  minds  re- 
lative to  the  extent  of  reform  which  we 
ought  to  seek ;  be  prepared  to  justify  it,  and 
to  controvert  objections ;  let  us  model  the 
whole  in  the  public  mind;  let  us  provide 
every  stake  ana  stay  of  the  tabernacle  which 
we  woidd  erect,  so  that  when  the  tabernacles 
of  oppression  in  the  palaces  of  ambition  are 
broken  down,  under  the  madness  and  folly  of 
their  supporters,  we  may  then,  without  anar- 
chy and  all  dangerous  delay,  erect  at  once  our 
tabernacle  of  righteousness,  and  may  the 
Loid  himself  be  in  it ! 

"  How  hurtful  to  the  feelings  of  a  reflecting 
mind  to  look  back  to  the  wretched  state  in 
which  the  lioman  monarchy,  enfeebled  and 
broken  by  its  own  corruptions,  left  the  nations 
which  it  had  subjected !  like '  sheep  without  a 
'  shepherd,  they  soon  became  a  prey  to  every 
•  iavaoer,  because  there  was  none  to  gather 
and  unite  tliem:  had  they,  ioiesecing  the 
evil,  associated  for  mutual  dclcnct^,  no  roblicr 
would  have  been  able  to  enclave  Ihcm ;  thev 
would  have  given  laws  to  all  parlies,  :is  well 
as  to  themselves;  all  separate  coloni«:s  and 
nations  would  have  sought  their  alliaiire  :  but 
not  having  virtue  to  associate  and  hcul  the 
divisions,  and  root  out  the  selfish  spirit,  which 
ambition-fostering  governments  procure  to 
their  subjects,  theyicll  under  oppressors,  from 
under  whose  iron  sceptre  they  have  never  yet 
been  able  to  deliver  themselves. 

"  Wc  may  suppose  an  event  which  we  de-  j 
pnecate;  i»y,  should  we  not  be  prepared  for  j 
tveiy  ppsfliblc  issue  of  the  present  unprece-  \ 
dcQted  divisions  of  niankmd,  wc  have  a  right  i 


to  be  apprehensive  of  the  abilities  of  our  own 
managers,  who  are  so  afraid  to  depart  from 

Erecedent,  that,  like  men  of  detail,  they  may 
e  inadequate  to  the  task  of  preserving  the 
vessel  from  shipwreck,  now  grappling  with 
danger,  not  only  great,  but  new  and  uncom- 
mon. If  the  present  ministry  fail,  who  after 
them  shall  be  trusted  ?  It  requires  little  pene- 
tration to  see  the  anarchy  and  discord  which 
will  follow :  it  will  be  such  that  nothing  short 
of  a  general  union  amons  the  people  them* 
selves  will  be  able  to  heal:  haste,  therefore, 
to  associate,  at  least  to  be  ready  to  associate. 
If  then,  such  a  broken  state  of  tilings  shoukl 
take  place,  the  civil  broils  that  wouldnecessa- 
rily  ensue,  would  soon  subside  before  Uie 
united  irresistible  voice  of  the  whole.  Do 
not,  I  entreat  you,  hesitate  thinking  such  a 
work  premature  as  yet :  but  a  month,  and 
then  it  may  be  too  late.  A  maligiiant  party 
may  be  already  formed,  and  only  waiting  for 
the  halting  of  the  present  managers  ;  it  will 
then  be  too  late  to  seek  to  subject  to  delibera- 
tion, at\er  a  party  has  dared  the  act  of  rebel- 
lion. If  you  jgo  no  further  than  separate 
meetings  in  diiferent  towns,  we  will  not  be 
able  to  confide  in  your  confraternity,  because, 
while  in  such  a  state,  you  may  be  but  the 
tools  of  a  faction.  We  could  have  all  confi* 
dence,  and  unite  with  all  affection  in  one 
assembly  of  commissioners  from  all  countries 
of  the  world,  if  we  knew  they  were  chosen  by 
the  unbiassed  voice  of  the  people,  because 
they  would  come  up  with  the  same  disin- 
terested views  and  desires  as  ourselves,  bavins 
all  agreed  to  a  common  centre  of  union  and 
interest;  but  we  could  not  confide  in  fellow- 
citizens  who  kept  aloof  from  such  union,  and 
would  not  previously  alTiliaie  in  one  great  and 
indivisible  family. 

"  In  troubling  you  with  so  long  an  epistle, 
I  have  at^least  shown  my  inclination  to  cor* 
respond.  I  have  also  hinted  at  things  which 
appear  to  me  the  present  subjects  of  conside- 
ration, because  I  am  desirous  of  your  opinion 
upon  them ;  I  luive  possibly  wrote  with  too 
much  freedom,  but  you  will  place  it  to  account 
of  zeal  in  the  cause,  and  on  this  score  dis- 
charge my  design,  which  is  disinterested  and 
philanthropic.  With  sincere  esteem  and  af- 
fection, I  am,  sir,  your  well-wisher, 

**  W.  Ski  HYING,  secretary.'* 

Mr.  Lnuzun.—l  found  this  paper  in  Mr. 
Hardy's  possession. 

[It  was  read.] 

"  10th  June,  1793. 

"  Sir ; — It  is  with  singular  satibfaction  the 
committee  of  the  I/)ndon  Corrcs|>onding  So- 
ciety received -your  letter ;  they  are  very  glad 
to  see  the  spirit  of  freedom  springing  up  in 
Birmingham ;  and  they  make  no  doubt  but 
that  the  7Ard\  of  your  society,  and  the  increase 
of  your  numbers,  will  soon  do  away  the  stigma 
thrown  on  your  town  by  the  unjustifiable 
bcliaviour  ol"  a  church  and  king  mob.  Wc 
arc  entirely  of  your  opinion  with  regard  to 


411]         35  GEORGE  III. 

the  necessity  of  a  general  union ;  and  we  be- 
lieve, as  you  do,  that  when  once  the  country 
shall  have  so  united,  the  Neros  of  the  day  will 
be  forced  to  yield  to  the  just  demand  of  a  long 
and  sore  oppressed  people. 
-  **  With  pleasure  we  accept  your  proffered 
correspondence,  and  earnestly  beg  of  you  to 
let  us  hear  from  your  society  by  every  op{»or- 
tunity.  We  wish  likewise  ^fou  would  point 
out  to  us  some  safe  mode  of  conveyance  for 
such  informations  and  publications  as  we  may 
think  necessary  to  be  transmitted  to  vou. 
The  post  we  no  ways  rely  on,  as  many  of  our 
letters  have  already  been  intercepted.  ' 

"  If  any  of  the  members  of  your  society 
should  have  occasion  to  visit  this  metropolis, 
we  hope  you  will  not  let  him  come  without  a 
letter  from  you,  and  that  while  they  stay  here 
they  will  frequently  assist  at  the  meeting^  of 
our  several  divisions,  and  by  thus  associating, 
commence  an  union  which  we  hope  soon  to 
see  spread  itself  all  over  Britain. 

<<  We  will  not  enter  into  a  detail  of  our 
grievances;  we  are  equally  well  informed 
thereon,  and  all  ahke  thoroughly  convinced, 
that  nothing  short  of  annual  parliaments  and 
universal  suf&age  can  restore  to  us  that  degree 
of  ciril  liberty  we  are  justly  entitled  to,  6cc, 

&c.  «  M.  M. c. 

«  T.  H. s. 

"  To  Mr.  T.  Kilmister,  secretary  to 
the  Birmingham  Society  for  Con- 
stitutional Information.*' 

Mr.  Lauxun.—l  found  this  paper  in  Mr. 
Hardy's  house. 

[It  was  read.] 

"  THe  Political  Societies  of  Norwich  to  the 

secretary  of  the  Londun  Corresponding 

Society." 

Indorsed,    •*  Received  the  25th   of  June, 

1793;  answered  the  25th  of  July,  1793. 

"  Sir ; — I  lately  received  your  letter  from 

Mr. ,  dated  April  22,  which,  through 

multiplicity  of  business,  we  have  omitted  to 
answer  —  hope  you  will  excuse  the  delay. 
Wc  also  received  your  friendly  letter,  prior  to 
tliat,  wherein  you  stated  three  propositions : 
first,  a  petition  to  his  majesty,  or  to  parlia- 
ment, ur  a  iiutional  convention,  and  ordered 
one  of  our  commiltce  to  answer  it.  Should 
be  glad  if  yuu  will  inform  mo  whether  it  was 
attended  to ;  I  g:ivc  my  opinion  on  the  subject 
to  the  CoustituUonal  Society  of  Ix^ndon,  and 
found  their  ideas  congenial  to  my  own,  \  iz. 
an  address  to  the  king— futile ;  a  petition  to 
parliament  (as  a  coiH)uered  people) — toler- 
able; a  national  convention  (it  circumstances 
admiited) — bes.t  of  all.  To  what  an  alarniins 
crisis  are  we  arrived  ! — the  junto  is  formed 
and  established — tlte  people  become  a  prey, 
and  (to  adopt  the  phrase  of  an  Hibernian 
apostate)  are  treated  as  a  swinish  multitude, 
€zcept  the  privile&e  of  fattening.  Wars  must 
commence  at  the  caprice  of  indivkluals; 
{>eople  tora  from  their  houses  to  be  butchered; 


Trial  of  Tkomat  Hardy  [410 

windmills  must  be  attacked,  at  the  risk  of 
being  carried  over  and  dashed  to  atoms;  the 
nation  drained  of  its  sustenance  to  support  a 
league,  fkc,  &c.  &c.  Many  epithets  may  with 
great  propriety  be  applied,  excepting  such  as 
Fox,  Sheridan,  Grey,  Erskine,  Lansdowne, 
Lauderdale,  Stanhope,  Paine,  Priestley,  Tooke, 
Wharton,  Macleod,  Barlow,  Mackintosh, 
Cooper,  besides  many  who  have  suffered 
under  the  iron  hand  of,  &c.  and  when  the 
people  have  complained,  and  humbly  re- 
quested a  removal  of  abuses,  they  have  been 
treated  with  insult.  Alas !  where  is  the 
majesty  of  the  people?  An  indifferent  observer 
would  suppose  it  to  center  in  stars  and  garters, 
ribbons,  and  costly  apparel,  palaces,  coaches 
and  horses,  with  ail  the  trumpery  of  puerile 
amusements ;  and  were  it  not  for  their  ac- 
cursed consequences,  we  could  bear  with  it; 
but  when  we  consider  how  many  sweat,  and 
toil,  and  starve,  to  support  it,  how  can  we  be 
persuaded  but  that  there  is  a  contrivance 
between  the  land  owners  and  the  merchant  to 
hold  the  people  in  vassalage  }  for  they  eat  up 
the  people  as  they  cat  bread ;  the  influence  of 
the  aristocracy  and  hierarchy  is  become  very 
alarming,  for  they  have  absorbed  and  swal- 
lowed up  the  people ;  but  a  rumour  is  spread 
from  the  south,  and  it  is  terrible  to  tyrants ;  it 
stings  their  mind — it  galls  their  flesh — and 
like  Pashur,  are  a  terror  to  themselves,  lest 
the  people  should  assert  their  rights,  yours,  &c. 
"  H.  Buckle." 
^  Please  to  direct  to  H.  Buckle." 

Mr.  Garrow. — We  now  propose  to  read  an 
answer  to  the  last  letter,  found  in  the  pobses- 
sion  of  the  prisoner. 

Mr.  Lauzun, — I  found  this  paper  in  Mr. 
Hardy's  house. 

[It  was  read.] 

"  Lotidon  25M  ofJulj^,  1793. 

"  Fellow  Citizen ; — ^The  London  Corres- 
ponding Society  have  received,  and  read  with 
pleasure,  your  letter  of  the  25th  of  June ;  but 
the  answer  which  you  mention  to  have  been 
made  to  our  three  questions  has  not  yet  come 
to  hand.  We  shall  be  glad  to  be  informed  in 
your  next,  whether  it  was  ever  put  in  the  post- 
office. 

"  With  regard  to  the  questions  themselves, 
however  individuals  may  have  made  up  their 
minds  on  them,  the  public  seemed  most  to 
approve  the  mode  of  ))etitioning  parliament. 
We  accordingly  acquiesced,  and  sent  in  a 
petition  signed  by  near  6,000  persons.  With 
this  letter  you  will  receive  a  copy  of  it ;  and 
with  its  fate  you  are  douhtless  not  unac- 
quainted. 

"  While  we  agree  with  you,  that  the  people 
are  treated  like  swine,  wc  arc  forced  to  ao 
knowledgc,  tliat  some  among  them,  from  their 
sloth  and  ignorance,  scarcely  deserve  better 
usage;  however,  unceasingly  labouring  to 
meliorate  their  condition  as  well  as  our  own^ 
and  convinced  that  a  thorough  parliamentary 
reform  is  the  only  means  of  effiBctuating  i^  w 


tis\ 


Jbr  High  Tretum* ' 


A.  D.  1794. 


[41# 


firmly  pursue  our  purpose,  and  in  the  most 
conspicuous  manner;  under  the  eye  of  the 
court,  in  the  middle  of  the  meuopolis,  and  in 
the  very  nest  of  place  and  pension  nomets, 
the  tavern  where  Reeves,  the  tool  of  the 
junto,  holds  his  inauisitorial  tribunal,  have 
lately  held  a  general  meeting  of  the  society, 
sent  forth  an  address  to  the  nation,  and  en- 
tered into  some  spirited  resolutions;  a  few 
copies  of  which  we  desire  you  to  accept,  and 
promulgate  as  far  and  as  wide  as  you  can ;  at 
the  same  time  rest  assured,  that  the  firmness 
displayed  therein  is  not  confined  to  words, 
but  that  on  every  occasion  our  society  will  be 
found  foremost  in  asserting  and  recovering  the 
liberties  of  their  country. 

*<  Exhorting  you,  therefore,  to  throw  aside 
all  unavailing  complaint,  we  wish  you  to 
occupy  yourselves  in  instructing  the  people, 
in  introducing  and  maintaining  order  and 
regularity  in  your  own  society,  and  in  forming 
a  Junction  with  all  others  associated  for  the 
same  purpose  throughout  the  nation,  bv 
keeping  up  a  constant  correspondence  with 
them;  but,  above  all,  orderly  and  courageously 
pieparing  yourself  for  the  event ;  for  as  it  is 
natural  to  suppose  that  those  who  now  pre^ 
00  the  public  will  not  willingly  yield  up  their 
enjoyments,  nor  repossess  us  of  our  rights 
without  a  struggle,  which  by  their  behaviour 
in  Ireland  we  have  some  reason  to  think 
they  are  meditating,  and  perhaps  may  intend 
to  effect  by  means  of  those  very  foreign  mer- 
cenaries who  are  now  paid  by  the  SMreat  of 
our  brow,  and  whom,  under  some  plausible 
pretence,  it  would  be  no  difficult  matter  to 
Lod  on  our  shore.  It  may  be  more  advan- 
tageous to  humanity  to  show  them  at  first, 
that  tlieir  opponents  are  neither  mob  nor 
rabble,  but  an  indignant  oppressed  people, 
iD  whom  is  not  yet  entirely  extinct  the  valour 
of  their  forefathers. 

**  Union  and  increase  being  then  our  only 
resources,  let  us  diligently  exert  ourselves 
therein  with  zeal  and  patience,  removing 
ignorance  and  prejudice  willi  firmness,  and  a 
consistent  behaviour;  encouraging  those  who 
join  us ;  and  above  all,  avoiding  little  hick- 
criogs  among  ourselves,  ever  discountenanc- 
ing selfish  jealousies  and  private  animosities, 
aiM  cordially  joining  with  heart  and  hand  in 
the  common  cause. 

**  Your  neighbourhood  must  severely  feel 
the  dreadful  consequences  of  an  iniquitous, 
depopulating,  and  ruinous  war ;  but  you  are 
not  the  only  sufFcrcrs.  From  various  parts 
of  the  country  wc  learn,  that  the  war  abroad 
has  already  bprcad  desolation  at  home;  yet 
such  is  the  blindness  of  some  folks,  tliat  they 
talk  of  itb  being  continued  for  years.  Peace 
we  wish  to  all '  men ;  but  to  such  friends  de- 
struction. Let  us  hear  from  you  soon,  and 
let  our  future  correspondence  be  more  regular. 
We  are  with  sincerity,  fellow  citizens,  for 
the  London  Corresponding  Society,  as  your 
(Ueodt  and  fellow  labourers  for  the  good 
ofourcouBtiy,  M.  M. 

T.  H." 


Mr.  ErjArinc— My  lord,  I  should  wish  to 
put  a  questiou — the  answer  to  which,  indeed^ 
1  already  foresee — whether  my  friends  across 
the  table  think  there  will  be  any  probability 
of  their  being  able  to  finish  their  evidence 
within  a  time  that  human  nature  is  equal  to 
pay  attention  to  it;  because  if  not,  to  be  sure 
your  lordships  will  be  under  the  necessity  of 
taking  some  step  to  hear  this  extraordinary 
cause  in  a  manner  consistently  with  that 
justice  which  is  due  both  to  the  Crown  and 
to  the  Drisoner.  I  confess,  that  for  one,  I  do 
not  feel  myself  at  all  fatigued,  and  am  ex- 
tremely ready  to  go  on,  and  to  remain  here 
any  length  ot  time  which  my  duty  to  the  pri- 
soner can  possibly  require;  but  if  the  evidence 
on  the  part  of  the  crown  should  go  on  to  such 
an  extent  as  that  it  would  be  impossible 
either  for  your  lordships  or  the  jury  to  give 
any  farther  attention  Tand  your  lordships 
and  thejury  are  but  men),  then  the  prisoner's 
defence  could  not  possibly  be  heard ;  there- 
fore, I  should  humoly  suggest,  if  your  lord- 
ships find  it  is  in  vour  power  to  put  this  into 
any  train,— I  would  ask  my  learned  frjends, 
whether  they  can  finish  their  evidence  to^ 
nieht  ? 

Mr.  Bowir.-^li  is  impossible. 

Lord  Chief  Justice  Eyre. — What  is  youi: 
own  judgment  as  to  the  course  wo  ought  to 
pursue?  Mr.  Attorney  General,  have  you 
nearly  concluded  your  evidence  ? 

Mr.  Attorney  General, — ^Not  half. 

Mr.  Enkine, — It  is  very  material  for  us 
that  the  jury  should  hear 

Lord  Chief  Justice  Eyre. — As  to  what  is 
now  hinted  at,  it  is  matter  of  very  great  im- 
portance to  the  public  justice  of  the  country 
in  every  view  of  it  It  is  undoubtedly  a  ge- 
neral rule,  that  there  is  to  be  no  adjournmeDt 


and  no  separation  of  the  jurv  af\er  the  evi- 
dence is  entered  upon,  until  the  iury  have 
given  their  verdict*    That  is  a  rule  which  I 


shall  never  willingly  depart  from,  nor  ever 
consent  to  depart  from  but  in  a  case  of  ex- 
treme necessity,  and  where  therefore  the  ne- 
cessity of  the  case  will  justify  a  deviation  from 
the  strict  rule  of  law. 

I  think  the  necessity  does  exist  in  every 
case  in  which  it  shall  appear  that  the  cause 
will  go  into  such  a  length  that  the  attention 
of  a  jury  cannot  be  kept  alive  to  it  throughout, 
without  the  assistance  of  some  refreshment ; 
and  where,  from  that  length,  tliey  cannot  have 
that  assistance  from  the  Court,  which  by  law 
they  are  entitled  to  have;  provided  that  ne- 
cessity, therefore,  is  ap[)arent  in  this  case,  I 
should  certainly  readily  incline  to  enter  into  a 
consideration  of  the  question,  whether  we  can, 
and,  if  we  can,  whether  we  ought  to  adjourn ; 
and  in  what  way  it  may  be  done. 

I  know  that,  in  point  of  fact,  there  was  anad- 
journmentin  onecriminal  case:  but  that  wasa 

*  As  to  this  sec  the  note  to  Lanehom*8 
case,  anU,  Vol.  7,  pp.  497,  etseq.;  and  the  case 
of  Lord  Dclamere,  Vol.  11;  p.  569.  See  alsQ 
Vol.  17,pp.  1163,  ll6i. 


415] 


35  GEORGE  III. 


Trial  ofTliomat  Hardy 


[416 


misdemeanor :  there  was  a  doubt  started  whe- 
ther in  tliat  case,  thoueh  the  court  adjourned, 
the  jury  should  not  be  kept  together.  I  have 
not  been  able  to  learn  with  any  certainty 
what  the  fact  was ;  but  there  is  one  circum- 
stance from  whence  I  do  conclude  that,  in 
truth,  the  jury  could  not  have  been  kept  toge- 
ther during  the  whole  of  that  time,  because 
the  adjournment  there  was  over  an  entire 
day  at  two  different  times  in  -tlic  course  of 
the  hearing  of  that  cause  ;  and  I  liuve  no 
imagination  that  the  jury  were  kent  together 
during  all  that  time,  unless  llie  ailjournnicnl 
over  me  day  was  only  for  a  few  hours ;  hut  it 
is  so  long  ago,  that  few  people  remember  how 
it  was;  I  conceive  that,  wider  that  adjourn- 
ment, the  jury  must  have  been  allowed  to 
aenarate. 

I  am  not  satisfied  that,  in  strict  law,  there 
is  a  clear  distinction  between  the  case  of  al- 
lowing a  jury  to  separate  in  a  misdemeanor 
and  in  a  capital  case.  I  believe  tlie  rule  of 
law  is  the  same ;  and  I  am  inclined  to  think 
that  the  strict  rule  was,  that,  even  in  a  civil 
case,  the  jury  could  not  separate  after  the 
case  was  once  gone  into. 

In  the  14  Hsirry  7th,  there  was  a  question 
debated  in  the  Exchequer  Chamber  (it  is  in 
the  year  book)  upon  the  effect  of  the  jury 
having,  in  consequence  of  a  iriolent  storm  to 
which  they  were  exposed,  separated  for  a 
time;  they  ailerwards  returned  again,  and 
delivered  their  venlict.  But  the  principal 
doubt  that  arose  in  that  case,  was  the  cir- 
cumstance of  a  juryman  having  taken  some 
refreshment  from  the  hand  of  a  friend  of  one 
of  the  parties ;  however,  that  question  never 
was  decided;  and  I  do  not  know  that  tliere  is 
any  other  case  in  which  the  question  has 
been  much  considered :  therefore,  if  the  coun- 
sel for  the  prisoner  make  the  application  to 
the  court  upon  the  ground  of  a  necessity  in- 
teresting to  the  prisoner,  and  if  the  counsel  for 
the  prosecution  consent  to  that  application 
upon  such  grounds  as  are  proper  to  influence 
the  judgment  of  the  prosecutor,  it  seems  to  me 
that,  in  some  way  or  other,  it  would  ))e  right 
that  an  adjournment  should  take  place.  I 
should  have  no  difficulty  with  regard  to  the 
Court;  the  difficultv  that  occurs  to  my  mind 
is  with  regard  to  the  separation  of  the  jury. 
Regularly,  and  properly,  and  agreeably  to  tfic 
ancient  course,  the  jury  ought  to  be  kept  to- 
gether. 

Tliere  are  a  great  number  of  civil  ra5K7S  in 
the  old  books  where  tlie  jury  could  not  agree, 
or  something  happened  in  the  course  of»the 
cause  that  made  it  necessary  for  the  Court  to 
be  consulted  before  the  cause  could  proceed. 
The  practice  was  where  the  jury  was  sent  for 
from  the  country  to  Westminster-hall,  there 
a  bostel  was  provided  for  them,  and  thoy 
were  always  sent  back  to  their  hostel :  there 
they  were  attended  by  an  officer,  and  kept 
from  all  communication:  but  modern  times 
have  totally  changed  the  liabits  of  business, 
and  there  are  haraW  any  traces  of  that  now 
left,  and  that  sort  of  thing  is  impncUcal'^     ' 


I  made  some  inquiry  what  mieht  be  dodc 
(the  subject,  you  see,  was  not  totally  out  of  my 
thoughts)  if  it  should  so  happen  that  the  ne- 
cessities of  public  justice  should  extort  from 
us  a  departure  from  the  gcncml  rule :  and  the 
sheriffs,  who  have  been  always  disposed  to  do 
what  i:$  right  fur  them  to  do,  and  to  give  us  all 
the  assistance  that  is  possible,  did  promise 
that  they  would  endeavour  to  accommodate 
the  jury  in  this  house:  whether  that  can  be 
done,  or  whether  we  can  depart  even  from 
that  sti'ictiirss,  and  suffer  the  Jury  to  go  to 
their  own  houscii,  upon  the  application  oTthe 
prisoner  and  the  consent  of  tne  prosecutor, 
taking  their  word  of  honour  that  they  wouM 
have  no  coiiirnunication  with  any  body  upon 
the  subject  of  tliis  cause ;  that  is  a  question 
upon  which  I  should  much  wish  to  hear  what 
my  bruthers  have  to  say,  after  asking  the 
question  again  of  the  sheriti^  what  can  be 
none  here  ? 

Mr.  Sheriff  Earner, — My  colleague  and  I 
have  made  the  best  provision  the  place  will 
admit ;  we  have  prepared  a  room  and  beds. 

Lord  Chief  Justice  Eifre, — his  a  distressing 
thing  to  put  the  jtirv  into  these  circum- 
stances, which  I  should  be  sorry  for,  but  it  is 
better  than  sitting  up  for  three  days  and  two 
nights,  which,  for  any  thing  I  can  see,  nmst 
be  the  case.  I  am  very  ready  to  take  my 
share  of  the  fatigue,  but  my  apprehension  is, 
that  the  cause  cannot  be  so  effectually  tried 
as  it  would  be  if  the  Court  and  jury  liad  the 
refreshment  of  food  and  rest. 

Mr.  Krskint, — ^It  is  impossible  to  figure  to 
one*s  self  a  more  delicate  situation  than  that 
which  we  hold  who  stand  as  counsel  for  a 
person  who  is  upon  trial  for  his  life ;  at  the 
same  time,  my  lord,  I  can  have  no  difficulty 
in  saying  that  [  should  think  the  prisoner  at 
the  l>ar  perfectly  secure  in  taking  the  solemn 
word  of  honour  of  each  gentleman  upon  the 
jury  that  he  would  not  be  approached  (as  no 
gentleman  upon  the  jury  would  be  approach- 
ed)  by  any  man  hving  upon  the  subject  of  the 
cause :  and  I  am  very  sure  that,  if  1  could  not 
depend  upon  the  word  of  honour  of  each  gen- 
tleman of  Uiat  jur>',  in  fulfilment  of  that 
pledge,  I  should  address  them  to  very  little 
purpose,  even  upon  their  oath.  I  shall  re- 
commend, as  to  thcr  prisoner  at  the  bar,  to 
give  that  indul|;;encc  to  the  gentlemen,  under 
the  very  peculiar  circumstances  of  the  case. 

I/inl  Chief  Justice  Eyre. — I  think  it  is  not 
simply  that  he  may  give  that  indulgence,  I 
think  he  must  ask  it  as  necessary  to  hb  de- 
fence. 

Mr.  Erskine. — I  certainly  advise  him  lo  ask 
it.  I  ask  it  upon  the  difference  of  being  in 
this  house  or  going  to  their  homes.  The 
gentlemen  seem  to  have  paid  very  »;rcat  at- 
tention Lo  tliis  cause  hitherto ;  it  is  my  earn* 
est  wish  they  may  do  so  throughout,  to  the 
evklence  on  the  part  of  the  crown  as  well  as 
to  the  evidence  on.tiie  part  of  the  defendant  j 
and  I  am  willing  thuat  tiiey  shall  lie  as  free  an 
air,  wi&  the  single  restrictioD,  tliat  they  wiH 


^/tf  High  Treason. 
fK>t  fiiffer  Ihefnstlvfs  to  be  approached  in  ihes 


->r  itinitrtif  t' 


u]  \]u 


I  Itftiien  will  Dol 
1  required,  con- 
re  of  Uiiscase. 
uiaid^^Tht^  reason 
I   ftcparalewas,  that 
iJ  luit  give  iu  their  verdict  under 
>frr  impression  :  hut  if  that  should 
uce  ail  utter  inipt)ssibihty  tJiat  justice 
iJnn**  eilhrirhv  tlie  jury  or  the  bench; 
'^  '  '  ,  whose  recoU 

iiours.must  he 
I  4'r_rieii    iiinl  li  u\t:  ^jentlcmen  at 
nut  do  justice  to  Iheir  chent*  on 
a,.it.— if  ilial  is  the  ca^e,  and  justice 
be  done,  you  nmst  look  to  the  prisoner, 
!  requirv^  eqitul  reganh    'I  he  prosccu- 
idifnce  had  the  oppurlunity  of  being 
whfii  tho  iiirv  v,f:ff'  fresh:  now,  iflhey 
t:  !  lo  ]m  case  in  the 

*»  .justice  will  not  be 

ii4^ie  U*  Uun, 

[f  wr  are  under  th«?  absolute  necessity  of 
6'  lom  the  strict  rule, 

1  1^  little  as  possible; 

ki.  '    '      ttatiunin 

ti  tommo- 

lUtcrj  bfjt  auu   iuLu   ^«/iii\:  iimipi.-  iu  Uiijir  OWn 

iwuies:  I   have  a  great  deal  of  dilliculty,  I 

'>if.— I  wish  lo  he  understood  that 

I  f '  r  o t> r CM  I  I  lilt ( fl'crc n cc  to  me,  and 

T  had  in  my  mind 

^•  deprived  of  going 

I  iruwu  btiulies  tx*r  want  of  a  con- 

]i\  Tim]  I  am  pef?iuadcd  I   hazLird 

:  .It. 

liavc  the  same  anxious 
I  Jt  LOU  he  done  consislenlly 

jtlaw^  that  the  jury  may  be 
*.' 

I -lice  Eyre. — If  the  jury  hve 
-uiidf,  Ihey  loight  rather  choose 

.  ,„t  Jury, — I  live  at  Marj bone,  and 
:  icr  ao  mvalid^  but  I  would  rather  go 

f  Ihe  jury  said  Ihey  wished  lo  go 

u  Hot  ham. — ^Mr*   Erskinc  stated 
l>e  in  a  very  delicate  situation, 
itainly  is;  and  it  is  impossible  for 
li'  ^ce  that  the  Court  al^o  »re  in  a 

Hrj  l1  II ;  because,  as  to  our- 

Klfviv  ucnt  is  to  take  place, 

eticY  bo* IV  Kiif:»w^  inai  ibcre  is  no  reason  why 
nt  ikouitf  be  kepi  m  this  hou^c ;  we  mity  go 
li  CIV  mptetive  homes;  at  ihe  B^rac  lime, 
Am  fi«ver  has  been  an  io^tdiice  of  u  jury  se- 
ftnilta^  wa4  EOtnz  aw hv  hi  tVi.-  manner  that 
Hmnr  i^roposed.    Tco^  i  nk  thut  there 

Biv  l>e   verv   scriou'^  wres  from  it. 

A^  ■  Jn>dy  can  rc- 

ibt  1^1  must  goto 

»  »  L  cdiinot  be  proceeded 

i»u;  'me  ^rt  of  an  adjourn* 

it  oi  UaaI  kind;  but  I  da  fore&ee  vtry 


I 


A.  a  ITM- 

serioa^  difficulties  hereafter,  as  well  "is  per- 
haps in  this  vrr\  ruse.  111  *Hnili'mcii  going 
home,  and  s^  '^^    It  is  a 

very  delicate  a  I  i  iiion  to  bo 

obliged  to  say  lo  ^ntiemen  that  I  hey  must 
be  kepi  here  all  mijht ;  but  really,  if  I  am 
forced  lo  speak^  1  think  that  Uiey  ought  not 
to  separate. 

Mr.  Justice  Bnller, — Here  in  an  alderman 
who  remembers  the  trial  of  Bet  Canning;* 
lie  informs  me  that,  to  his  knowledge,  the 
jury  went  home  during  that  trial* 

Mr,  Alderman  Neuman. — I  remember  it 
perfectly  well;  I  spent  the  evening  with  one 
of  the  jury. 

Loru  Chief  Justice  Eyre. — Do  you  think 
you  are  able  lo  go  on  all  night  ?  if  you  do  go 
on  all  niehl  we  shall  make  Dut  a  certain  pro- 
gress, una  I  am  afraid  we  shall  be  in  no  con- 
dition to  pursue  our  business  to-morrow. 

Mr.  Juilice  Builer. — I  understand  the  she- 
riffs have  beds  prepared  here  for  all  the  jury* 

Mr.  Sheriff  Earner.  — ^1  here  are  beds  and 
mattrasses  prepared. 

Lord  Chief  Justice  Eyrf, — The  rule  of  law 
i^  cK      '  '    "  '     ■  f;  at  the  s;ime  lime, 

the  I  ] slice  arises  distinrtly 

and  vi-iji^]\,  iiini  »>,  11  a  by  all  munkind :  in 
my  apprehension,  thai  will  justify  a  deparlure 
from  the  strict  rule,  but  it  will  only  justify 
that  departure  as  far  as  the  necessit}^  goes, 
and  there  ihe  difiiculty  is:  but,  to  be  liure,  if 
the  jury  can  be  accommodnted,  and  can  have 
that  retVcshmenl  which  is  necessary  to  go  on, 
without  separatrng,  then  the  necessity  fhav^ 
been  speaking  of  does  not  carry  them  through 
the  whole  case  oi  be  rug  allowed  lo  scj>arate. 
As  there  is  no  doubt  in  any  bod^*s  mind 
about  it,  wc  must  desire  the  shcnth  to  give 
the  jury  all  the  accommodation  ibeycan  fur- 
nish IhVm  with^and  we  must  desire  of  them  to 
submit  to  a  difficulty  which  I  am  very  sorry 
is  imposed  upon  them,  but  which  I  do  not  see 
any  means  of  avoiding.  Bailiffs  must  be 
sworn  to  attend  the  jury.  The  counsel  for 
the  prisoner  will  observe,  that  Uic  record 
must  be  made  up  as  of  the  tifst  day  of  Uie 
trial. 

Mr.  Erilrine,— Be  it  so,  in  the  most  em* 
phatical  way,  for  the  purposes  of  law  awl  J 
lice* 

[Four  bailiffs  %crc  aworn  to  attend  the  jury. 

Mr.  Erskint.—Mx  lord,  all  tliis  immense 
body  of  papers  has  oeen  seized,  and  been  a 
long  time  m  the  hands  of  the  officers  of  the 
crown— Wc  apphed  to  see  them,  but  were  re- 
fused—we applied  to  the  privy  council,  and        J 
were  refused — we  were  referred  to  your  loni-       | 
ship,  because  they  knew  your  lordiship  could        > 
not  grant  such  a  request — we  are  therefore  here 
with  all  these  papers  tumbled  upon  our  heads, 
without  the  least  opportuuity  of  examining 
them,  and  yet  from  tins  mass  of  papers^  whicK 


ora 

Uie        ' 


L 


35GEORC1B  IH. 

tUe  atiomey-gencml  took  nioe  hours  to  rrad, 
the  act  of  compassing  the  kiug*&  death  h  to 
be  colJcttccl.  From  a  view  oT  the  whole,  [ 
trust  your  lordships  will  be  dis{>osc(J  to  iiv 
dulge  mc^hideed  1  shall  expect,  ni  justice  ta  ' 
the  prisoner,  that  I  may  have  an  oppoVuinily, 
befbrc  I  address  the  jury  upon  ihis  mass  of 
evidence,  U)  know  what  is  in  it,  because  your 
lordships  must  very  well  know  that,  though 
takuigall  the  pains  1  can  to  look  at  i  t  as  it  is  read, 
yet  it  is  quite  impossible  for  the  human  mind 
to  take  it  in,  or  farm  any  idea  of  it,  witiiout  an 
bour  or  two  at  least  (for  I  should  not  require 
more)  to  take  it  inlo  consideration.  When  1 
look  across  the  table,  ai>d  see  I  am  address- 
ing myself  to  hou.  gentlemen  of  the  profes- 
sion, who  know  the  situation  I  am  in,  I  caa- 
fiot  doubt  their  consent— and  the  reason  I 
mention  it  now  is,  that  there  may  not  be  any 
inconvenience  to  your  lordship  in  praying  this 
upon  the  sudden^ 

I  declare,  upon  my  honour,  as  far  as  relates 
to  myself  and  my  friend  who  b  asaigncd  as 
counsel  for  the  prisoner,  we  have  no  design 
whatever  to  tresjvass  upon  the  time  and  pati- 
ence of  the  Court,  and  your  lordships  have 
seen  to-day  how  lilllc  ot  your  time  we  have 
consumed— we  have  no  desire  upon  earth,  I 
appeal  to  God  in  it,  but  to  do  our  best,  to  do 
justice  to  ihe  person  your  lordship  has  assign- 
ed us  counsel  tor. 

Ijord  Chief  Justice  Byre, — We  shall  cer- 
tainly be  disponed  to  give  the  counsel  for  the 
prisoner  all  reasonable  opportunity  to  make 
the  best  defence  the  nature  of  the  case  is  ca- 
pable of,  I  observe  the  ETcater  number  of 
papers  that  have  been  read,  and  the  most  im- 
portant as  yet,  are  papers  thai  are  printed, 
&nd  before  us,  therefore,  there  can  be  no  dit* 
ficulty  as  to  them,  for  I  liave  no  doubt  that 
tlie  printed  papers  have  been  very  well 
eonsiacred — ^To-morrow  we  shall  see  what 
the  papers  will  be;  if  there  are  any  which 
appear  to  us,  or  shall  appear  to  you,  to  be  pa- 
pers  that  require  a  careful  casting  your  eye 
over  before  you  prepare  for  your  defence, 
I  shall  certainly  propose  to  the  Court  tliat  you 
sfiould  have  a  reasonable  opportunity  for  so 
doing. 

Mr.  Erskine, — Those  that  are  printed  arc 
thrown  together,  your  lordship  must  observe, 
in  a  strange  way. 

Lord  Chief  Baron  Maedonald. — With  re- 
s}>ect  to  the  complaint  of  the  privy  council, 
there  is  no  instance,  I  believe,  of  their  ever 
$ufferhig  such  a  communication. 

Mr.  Kr$kine,^l  am  not  compbintng  of 
the  privy  council — we  were  referred  by  the 
privy  council  to  the  crown,  and  by  the  crown 
to  your  lordship. 

Lord  Chief  Justice  Eyre* — T  do  not  think  it 
possible  tor  the  Court  to  have  interfered  upon 
any  ground,  It  is  one  thing  to  permit  the  pri2»0- 
nor  to  *»ee  the  evidence  that  h  in  be  m:iffe  i\%t 
of  against  him.  and  it  is  if  it 

fthoutd  so  happen,  tivat  Hi  i  Ui^ 

F«pcr$|  there  arc  papcri  not  hi  lu  tc  made  ufn$ 


Trial  of  Thmmi  Hordt/ 

of  against  him,  but  that  are  neces&ary  for  hii 
defence,  that  such  papers  should  have  been 
seen ;  in  that  cafie,  I  apprehend  that  upott 
an  application  to  the  privy  council  or  the  se* 
cretary  gf  state,  that  they  w*ould  do  what  pul>- 
he  justice  requites — order  access  to  such  pa- 
pers. The  papers  wl»ith  are  to  be  produce<l 
ty  the  prusecuturra  pristincr  never  has  by  Jaw, 
nor  uu^hi  lu  have  an  opportunity  of  exainin- 
ing  till  they  are  produced  in  evidence,  Pa< 
pers  that  are  nut  nece&sary  for  the  prosecutioi 
out  necessary  for  his  defence,  come  under 
very  different  predicament,  and  I  think  ll 
pile  held  upon  them  would  be  very  diflereni 

Mr.  Law  —The  papers  in  the  case  of  Mr,' 
Sayre  *  iiad  been  seiited,  and  the  chief  justice 
said,  give  notice  of  Uie  papers  you  want,  and 
move  for  therur 

Ijord  Chief  Justice  Fyre. — If  you  asked  ta 
look  at  those  papers  which  were  intended  to 
b«  produced  against  you^  I  do  not  ihuik  Uiai 
was  right. 

Mr.  Gibbt.—Vfe  asked  to  look  at  tliatbooky 

that  we  aaight  see  what  papera  were  -^ ' 

sary  for  our  defence. 

Lord  Chief  Justice  Et/re. — i  believe  we 
better  not  discuss  the  thing  now. 

Adjourned  (it  now  being  a  quarter  pas^ 
1^  o'cbck  on  Tuesday  morning)  to  eighi 
o'clock. 


'a- 

m 


Siuloni  Htmuin  the  Old  Bailfy,  Wednesday 
Oct,  29(X 

Present,— Lord  Chief  Justice  Eyre,  Lord  Chk  ^ 
Baron  Macdonald,  Mr.  Barou  llolluun,  MtT 
Justice  Bullcr,  Mr.  Justice  Grose,  and 
other  his  majesty's  justices,  iSic. 

Thttmai   Hardy  set  to  the  bar* 

Mr.  John   GiirnelL — I    found    Una    Itt 
among  the  pri!>oner's  papers. 

[It  was  read.] 

hmdon,  the  5M  Octr,  179$, 
*^  Dear  Sir ; — With  ph^asure  I  pertiae  ; 

favour  of  the  «d  inst.  but  as  yet  have  seen 
nor  lieard  nothing  of  the  two  copies  of  Mr* 
Muir's  trial,  which  you  mention  as  being  stnt 
to  the  fiocicty  and  myself;  be  kind  enough, 
notwithstanding,  to  return  that  gentlenmu 
thanks  for  his  polite  attention,  ai^  assurt 
him,  that  we  view  him  in  the  liglit  of  a  mar- 
tyr to  freedom  as  well  as  Mr.  Falmcr,  and 
that  our  warmest  liopes  arc,  Ih  :*  *'  i;>- 
pressors  of  mankind  will  either  1  li 

or  afraid  of  carrying  their  revenue..**  .«.*..v4i 
into  execution. 

•*  The  general  convention  which  you  mc 
tion,  appears  to  Mr.  Margarot  (to  whom  aJo 
1  have  communicated  your  ktLor)  and  mys 
to  be  a  very  excellent  measure ;   and  as  such^ 

♦  The  case  of  Savro  v,  ihc  carl  of  _ 
ffird  is  reported  in  Vol.  %0,  p.  l'^8a,  of  tbk 
lection. 


fii^T  High  TreasoTt* 

I  cniiM  wish  you  without  delay  to  commiini- 
cale  it  *irii/*iHllv  Til  fiuf  «;f>cieiy,  without  any 
vr«y&  r  had  ^mtten  to  me 

privately       ^      ,  Mllctter,  you  should 

nquirc  of  us  to  send  a  deputation  to  that 
m«eting,  1  have  no  doubt  but  our  society 
wotild  with  pleasure  accept  the  invitation ; 
And  I  nm  persuaded  itXTould  do  much  good. 
LD'  111,  Jis  you  justly  observe,  depends 

fc  ,  <m  ourseKxs,  and  upon  our  avail- 

ing ouiJ^eivcs  of  this  opportunity,  which,  once 
lost,  may  not  be  soon  recovered.  I  am  glad  to 
discover  by  your  testimony,  that  1  was  not 
ndmken  in  the  high  opinion  I  always  had  of 
\f^fA  Ty.cr^  !  Mriotism ;  a  title  may  be  a  bar 
\  \  patriotism,   but  il   seems, 

i  It  not  to  bean  insuperable  one, 

"  'ii  II  '^(  riL;hl;  it  is  true,  th^it  we  have 
ki'i  -uM-ilicr  general  mcelinff,  at  which  a 
tmstky  composed,  and  suddenly  produced 
i4dreM  to  the  king  was  read,  applauded,  and 
Mpttd  to  be  presented,  but  on  a  cool  revisal, 
\m  said  addnrss  being  found  to  be  more  ill- 
natured  thao  spirited,  mr^re  dangerous  in  its 
Jjmjpjage  than  advantageous  in  its  object^ 
brade    '  '   1^5,  the  commitlee,  with 

the  a;  c  society,  have  adopted 

nr'*'  lUM  ^aiui,  more  apposite,  and  relat- 

I  lo   the  Wiir — imlosed  yuu  have  a 

r  But  you  was  misinformed,  when 

^  'd  we  passed  any  Tcsoluliun  at  that 

r  >r  wc  onl)  canJe  to  one,  and  that 

1  1  private  naluro.  namely,  that  the 

*  sir  James  Saunderson  in  prevent- 

ing  liic  meetmg  wf  ttie  London  Corresponding 
^ooe^  at  the  Globe  tavern,  rlcet-street,  was 
0f  wen  a  nature  as  to  place  him  below  our 
cim«^trf , — Dear  sir,  please  to  write  to  I  he  so- 
r  a  tts  posMbh:,  ofliciully.  lam,  most 

yo4ir    fellow  iabuurcr,  and    wgII- 
LiiTMsf,  Thomas  Uardt. 

'  P.  S,  Mr.  Margarot  desires  to  be  remem-  * 
1  ta  you  in  the  n^u  .        ^  innate  manner. 
i  mit  iu  futu re,  o n  r  of  your  le tiers 

'lo  mc.         *  i!nn«^  VI  iuc  London  Cor- 

real; i  tv  it  was  a  thuusand  to 

c  •  •  -  a  UJAt  letter  by  post* 

Lirvinz,  Head  of  the 
ncir?c  vSyndc,  Edinburgh*" 

Mr.  'Fhoi^nt  Macknu, — I  foued  ihifi  letter 

Alexander  Grani, — XiOok  at 

'  Cbc  iLJirr Moment  on  this  letter.  Do  you  be^ 
km*  ihjtl  lo  be  the  prisoner's  hand-wriUng  f 
^  "  V  is— **  To  be  returned  to 

t  1  mrsday  next.** — I  believe 

iitAt  14  Mr.  riAniy  5  iiuud-wriling. 

pi  was  read] 

*<  EiUtilturt^k,  Oct.  Sih,  1793. 

^mother   Hardy;— V*-     Witer   and   this 

«r  will  explain   i:  I  was  at  a 

etiiif  on  iikt  d.j  lioDs,  and  the 

^KtfOlimt  u  are  universal 

mdbt§»'ju  its,  and  it  vkas 

Jbc  ynatiiwigite  dctuc  aiiU  wi^b  of  tb^t  meet- 


ing, that  two  persons,  if  possible,  should  be 
sent  from  our  society  in  Englimd^  as  delegates, 
to  meet  our  dear  northern  friends  in  the  ensu- 
ing convention,  I  must  earnestly  desire  the 
said  wish  of  our  friends  here  may  be  complie3 
wiih»  as  il  will  add  to  the  dignity  of  our  asso- 
ciation in  particular,  and  to  the  convention,  ia 
general,  and  will  lurther  the  common  cause 
inuch,  in  a  way  the  judcmcnl  of  our  associar 
lion  must  hit  upon,  without  any  cxHanation 
of  mine.  If  any  person  could  ne  elected  of 
sound  principles,  a  clear  understanding 
speaker,  with  a  long  head  and  a  good  warra 
heart  in  the  cause  of  fpeedom,  having  it  in 
view,  and  not  his  own  aggrandizement,  such 
a  delegafle  would  be  of  great  service.  If  such 
a  one  is  chosen,  he  must  be  liere  by  the 
twenty-ninth  day  of  this  month,  as  the  con- 
vention meets  on  that  day ;  ajid  if  my  poor 
feeble  efforts  will  be  of  any  service  to  the  con- 
vention as  the  -other  delegate,  the  London 
Corresponding  Society  may  command  me  for 
the  support  of  their  inleresls  as  far  as  I  ana 
capable;  but  those  of  you  who  know  me, 
know  I  am  no  speaker,  much  less  an  orator, 
but  this  I  will  say,   ray  heart  lies  in  the  right 

Place,  and  hates  and  abhors  all  despots, 
lease  to  coramunicsile  this  to  our  friends^ 
and  lei  me  know  the  society's  determination, 
if  they  will  honour  me  with  their  confidence. 
I  am  often  with  our  Iriend  Muir;  he  bears  his 
confinement  with  a  fortitude  of  soul,  inspired 
with  the  gemus  of  liberty ;  he  is  well.  I 
have  much  to  say,  but  I  nmsl  leave  oft.  This 
letter  will  be  delivered  by  my  servant,  which 
must  have  a  spec^dy  answer,  because  ot  the 
approaching  meeting  here.  Every  thing  of 
moment  I  will  communicate  to  you  frota 
lime  lo  time;  and  wishing  destruction  to  all 
human  bulcliers,  and  success  lo  all  friends  of 
UVitriy,  I  remain,  brother  Hardy,  yours  to 
command,  A.  Callndeb." 

*«  yiy  servant  will  show  you  my  direclionJ' 

Mr.  Williim  Scott  swgm.— Examined  by  Mr« 
Wood. 

Wliere  did  you  find  this  paper  ?— It  was 
found  among  the  papers  of  VVilliam  Skirving, 
secretary  to  the  convention  at  Edinburgh. 

Alcjander  Grant  said  he  believed  it  to  be 
the  prisoner's  hand- writing. 

[It  was  read.] 
«*  London,  96M  Oct.  1793, 
'*  Dear  Sir ; — According  to  promise,  I  have 
this  day  to  acquaint  you^  that  we  had^ester* 
day  a  general  meeting  of  the  London  Corrcs* 
(londing  Society,  for  the  purpose  of  taking 
into  consideration  your  kino  invitation  to  sena 
two  delegates  to  the  convention  which  is  to 
be  held  in  Edinburgh.  The  sociely  have  for 
that  purpose  made  choice  of  Maurice  Marga- 
rot  and  Joseph  Gerrald,  who  will  both  be  with 
you  shortly,  and  will  deliver  into  your  conven- 
tion their  vouchers  of  delegation.  For  the 
recital  of  the  curious  incidents  attendant  on 
oar  gcoeral  meeting,  I  refer  you  t»Nbfe^RSae»- 


gates    lltemselves.     I    am^   roost  siDcerely, 
your  respectful  friend  aod  well-wisher, 

"  Thomas  IIahdt* 
^^         "  No.  9,  PiccadlUv. 
Hf  Mr.  Wm.  SkirviDg»  head  of  (lie 
^■*'  Horse  VV/iide,  Ldinborgh/* 
■P  Mr.  Wood  to  Mr.  milum  Scoit. —Where 
V^Tfuttlv-  ■-^-f  ibuDd?— Itwas  Ibund  among 
Skirvi  ■-.. 

Mr.  I  I  ou  fouiid  thi& yourseUV  I  sup* 

pose  —J  dri  not. 

l*htn  yvn  f-h<juJd  oot  hiivc  answered  to  thai 

mat  I  ncf.^Th''  question  was  put  in  Mich  a 

way  that  L  thought  I  was  bound  to  give  a 

direct  a«»wcr,    I  will  explain  the  circum- 

ttAnce     <Jn  the  -ith  of  December,  the  pro- 

ceeeling?'  of  the  converitiun  had  attrdctcd  the 

aoUce  of  ihwie  in   Ediubur^h  who  bud  the 

charge  oft  lie  police — 

Mr.  OM»s — Wc  do  not  want  all  this;  wc 

L^oly  want  to  know  whetlicr  you  saw  this 

k^Mmd^  or  saw  it  in  his  possesi^ion  } — I  dul  not 

■•»  it. 

.  Lijrd  Chief  JuNlice  Eyre, — What  do  yoii 
know  about  the  paper? — ^A  warrant  was 
'  issued  at  my  instance ;  the  papers  found  in  his 
possession  were  put  into  two  bagi^  and  sealed 
up ;  the  bass  were  brought  scaled  from 
^Itirving's  lo(^iogs  to  the  otiice  where  lie  was 
examined. 

Lord  Chief  Justice  Eyre,— Where  were 
you  at  that  time  ?— T  was  present  in  iiie  olfice 
when  he  wai^  examined. 
I  Lord  Chief  Justice  Eyre. — ^Tbcn  the  first 
ttrae  you  saw  any  thing  of  this  paper  was 
when  it  was  produced  at  the  olhce  by  a  person 
who  brought  it  in  a  sealed  bag:  is  it  so? — 

I     ^^^' 

!        Mr.  Wood, — And  opened  in  llie  presence  of 

Skirving  ?— Yes. 

Lord  Chief  Justice  Eyre. — He  has  proved, 
that  upon  a  warrant  having  isjjucd  to  appre- 
hend hkirving,  there  was  a  sealed  hag  brought 
to  ili«  oflice  ;  Skirving  was  present,  and  that 
aealttd  hag  waa  opened^  and  tlie  letter  was 
produced* 

(To  Alcjander  GmtU,) — Look  at  the  signa- 
ttire  to  this  paper ;  do  you  believe  that  to  be 
llie  priioner's  haod-wnling?— Yes,  1  believe 

Do  you  know  any  of  the  other  signatures? 
*^l  do  not. 

[It  was  read. } 
Ittieles    of  In^tnictton   given  to  citiicn 
Joseph  «  lele^tc  from  the  Ijou- 

don  Con  ;  J^ocicty  to  ihe  ensuing 

convcntiou  m  Ldmburgh,  forthp  purpose 
of  obt^iining  a  thorough  p.iriiamtutary 
reform. 
1st.    He  shall  on  no  account  depart  from 


Trial  of  Thtumm  Hard^  [IS 

*'  Urd.    That  tlie  election  of  sherififi  oufi 
to  be  restored  to  the  people. 

'*  4th,  Thai  juriesouL^ht lobe cho<«n by  Jot. 

"  5th.  That  active  meaus  ought  lo  be  Ui»ed 
to  make  every  man  acquainted  with  the 
rights  and  duties  of  ajuryman. 

"  6th.  That  the  hberly  of  the  picss  muil 
atall  events  be  supported^ and  thai  the  publl- 
catiun  of  political  truths  can  never  he  eriniiT 
naJ. 

"  nU.  That  it  \%  Uie  duly  of  the  ^K?ople  to 
resist  any  act  of  parhameiit  repugoanl  lo  the 
original  principles  of  the  couhtitiition^  as 
would  be  every  attempt  to  proliibit  associations 
for  the  purpose  of  ruiurm. 

"  Bth.    That  this  society,  considering 
party  names  and  disUnctioiLs  as  hostile  to 
general  welfare^  do  absolutely  restrict  tlie 
delegate   from  assoming  or    accepting    an 
thmg  of  that  nature. 

**  9th.    That  Uiis  society  further  requif 
that    the    delegate    shall    be    punctual 
frequent  iQ  his  correspondence  with  tim 
ciety.  IId,  Hopgson,  chairman. 

Tiiois.  Habdv,  secretary. 
"  Gcncr;d  Meeting,  24th  Oct.  1793. 

"  Instructions  lo  citizen  Gerrald, 
London  Corresponding  Society,  No.  3.*' 

Mr.  Wotid  to  Mr.  William  Sco^r—Weij 
these  papers  found  in  the  same  mannci*  l^ 
Yes,  both  the&e  were  found  at  the  same  linie^ 

AltJcander  Grant  said  he  believed  this  to  I 
the  prisoner's  signature, 

[They  were  read.] 

*'  At  a  general  meeting  of  the  I^ndon  Cor 
ponding  Socictyi   held  at  citi&ca  Htu 
latV  Hackney  road,  24th  Oct.  1?9$. 

«  This  15  to  certify,  that  Maurke  Maf; 
was  this  day  duly  elected  a  delegate  to 
sent  this  society  at  the  ensuing  convention 
be  held  at  Edinburgh,  for  the  purpos^e  of  ob 
tabling  a  thoroy«;h  reform  in  tiie  parliameQ^I 
tary  representation  of  Great  Britain. 

**  RiciiAiu)  KortGsojv',  chairmso. 

^  TuoMAS  Haady^  secretary. 

"  Certificate  to  Citizen  Margard,  London 
Corresponding  Soticty. 
**  Mr.  Wm  Skirving. 
**  Cortilkate  of  citizen  Margarot/' 

At  a  general  v 

ending  So 

ackney-ru4d.  id4tb  Oct,  li93* 

was  il  ■ 


423]  ,  Jot  Uigfi  Treasom 

**  Citixrn  GcrraJd**  commiitsion*  London  Cor- 
respoodin^    Socicly.     Signed    ThoiiiHS 

**  Mr*  Wm*  Skimng. 
««Cetti£cat«  of  Cilixcn  Gerrald/' 

*r^     n':n:.....    v-.'^    -These    papers  were 
I  nd  al  the  same  lime, 
., — ^:,._;    L-.,,,^.    .,..il  he  believed  the  sig- 
iuiuf«)  to  ht  liie  prisoner's  hand-vrriting. 

lyUey  were  readj 

'•  Londim,  Ntw.B,  1703. 

**  Fellow  Ciiizctis;— 1   duly  received  your 

fovtsur  of  Ihe  4th  instunt,  and  laid  it  before 

[  llle  commUlee  of  delegates  ksl  night,  ^A-hu 

iptrp  «fiMou«ily  wailing  for  intelligence  from 

T       :        h,  iknd  were  well  satisticti  with  the 

-  a£ccftint  of  the  great  number  and 

iriii  ot   the    frieiidii  of  freedom  in  Scotland, 

:  Tli»4  i^art  of  your  l€tl^  which  mentions  your 

["tuitjog  djifcrcut  tuwni  in  ^coilaiid^  for   the 

[purpose  of  promoting  ihe  cause,  they  were 

C jmsed  with  the  jdca,  but  tliey  thought  that 

I  nctMild  Dot  be  put  in  practice  on  account  of 

Ihc  nete^-^^rv  supphes,    which  come  in  but 

It  is  to  be  mentioned  in  the 

f  ions.     We  have  elected  J.  Bax- 

kr  i  >i^  chairman  of  the  committee 

.ibr  i>  iiider  of  the  quarter.     We  have 

^  aba  appointed  a  committee  of  coDstitution, 

ieptmte  from  the  committee  of  delegates  ; 

^600  m«ftnber  is  cho&en  from  each  division,  to 

meet  oa  this  night  for  the  first  time,  and  to  be 

^  tutiity  unconnected  with  the  committee  of 

^delegates.     We  still  increase  in  number,  and 

LIbe  Ti  '  '-        t  J  the  king  to  put  an  end  to  the 

i^Wir  t   to  be  advertised  to  receive 

[jMigriu.!  le  Courier,  Chronicle,  Ayres*8 

r&ibi  >>*;    afterwards    by  band- bills, 

lite,        ..  -_t:  opened  a  correspondence  with 

|S  niiw  iKjctety  at  Brist<jl.    I  have  to  inform 

|0u  of  Ihe  wi%h  of  the  society  that  you  woulrl 

mrooT  them  with  the  number  of  dele^tes  in 

Fihe  ccaivcntion,  and  the  un ruber  from  England 

EftiaO|  and  how  Ihe  civil  and   mihtary  power 

Ljdube^  your  meeimg;  and  that  you  would 

^acnd  §iicii  a  reixiri  ^om  the  convention  as 

aigjit  appear  in  the  newspapers  in  London. 

LSciOd  roe  an  Edinburgh  Gazetteer  when  there 

Tk  any  thing  in  it  of  importance.    I  would 

ihiirr       ■*   ■    ';       '       nr  r,  but  they  informed 

t  I  to  the  coffee-houses 

it..,..  Ji;   for  that  reason, 

^JLlhougbt  i  hope  to  have  more 

to  u*.-.  L.    ,   „  iiiore  fully  next  time, 

[Am^  iir  ioaeph  Murray  says«  the  post  is  just 

[  jotag  oSp  no  more  at  pre^*nt  from 

**  TuonAi*  IIakdy,  secretary." 
Aildre»8ed  on  the  back  : 
ilfiarearolaud  Mr.  GerrakJ,  delegates 

■■Jits..  I  ~^ 

London^  Nov>  15^  1793. 
'  F  "  *         ived  your  official 

ii,  and    Maurice 
,Aivi9  ^'UVai'^   itkivi   VI  the   liUi|ftliii) 


A-  D*  ITiM. 


Lisa 


1 


UG  course.  At  the  committee  of  delegates 
last  night,  after  hcarine  the  rerwrt  ot  the 
different  delegates  —  ine  rapid  influx  of 
new  members  —  there  was  several  places 
mentioned  in  different  situations  in  town, 
both  in  pubhc  and  private  houses,  for  new 
divisions  of  the  London  Corresponding  So^ 

ciely  to  meet  at^ some  have  already  taken 

place,  others  will  next  week. — Afterwards, 
the  corre,spoTidenDf  was  taken  into  conside- 
ration. Your  olfhcml  letter  was  read,  and 
much  approved  of,  and  copies  of  it  takea  for 
the  use  of  the  different  divisions.  It  seema 
to  be  the  gcfieral  wish  of  the  di^r- 
ent  divisions  of  the  society  for  you  to  conti* 
nue  as  long  as  you  can  be  of  real  use  to  the 
cause ;  but  it  wholly  depends  upon  the  thing 
necessary,  money.  We  nave  hit  upon  an  tx» 
pedient,  which  '.ve  mean  to  put  in  practice  ia 
two  or  three  days^  that  promises  lair  to  bring 
in  a  considerable  revenue,  I  shall  iaiomt 
you  of  it  in  my  next.  Those  whom  you  ga?e 
directions  lo  call  upon  has  fallen  far  sliort  of 
that  libtrality  which  you  expected.  The  com- 
mittee last  night  gave  me  orders  to  transmit 
to  you  twelve  guineas ;  I  enclose  you  a  draft 
^n  sir  William  Forbc*!,  and  Co.  for  that  sum. 
Next  week  I  hope  to  be  able  to  send  you  more. 
There  was  another  report  of  Mr,  Frost  being 
to  be  pilloried  on  last  Tuesday  and  Wednes* 
day ;  but  it  happened  that,  on  Wednesday^ 
a  Chariest  Leslie  stood  in  the  pillory  at  Char- 
ing-cross  for  a  crime  shocking  to  mention. 
Mr,  Frost  is  not  very  well  at  present.  The 
Constitutional  Society  have  adjourned  for  a 
month  from  last  Tuesday,  The  reason  why 
Mr.  Yorke  did  not  gu  from  that  society  was, 
that  he  wrote  a  letter  lo  them,  informing 
them  that  he  would  not  ^it  unless  they  would 
pay  him  the  whole  of  tne  money  down,  I 
nave  only  given  you  a  summary  account  of 
our  proceedings ;  but  you  know  how  I  am 
Situated  both  in  the  day  and  in  the  evenings, 
that  I  cannot  command  a  quarter  of  an  hour 
to  myself;  therefore  I  hope  you  will  excuse 
me  for  being  so  laconic.  I  have  marie  Ihfc 
situation  of  Mr.  Muir  as  pubUc  as  I  could ; 
it  throws  a  damp  upon  the  spirits  of  every 
friend  to  immanity  who  hears  of  his  cruel 
treatment.  1  remain  your  fcUow^labourer  in 
the  good  cause. 

(Signed)       "  Tuonas  Habdy,  tecretarj'. 

"  Citizen  Walker  desires  roe  to  request  of 
citizen  Oerrald  to  favour  him  with  a  letter. 

"  P.  S.  Friend  Margarot,  I  have  not  yet 
been  able  to  do  your  business^  which  you  Itfi 
for  me  to  execute  before  you  left  London.  I 
have  not  been  able  to  sec  that  gentlematn 
which  you  mentioned  in  your  last,  nor  do  I 
expect  that  1  will  th^c  three  weeks/* 

Addressed  on  the  back  ; 
^  Citizen    Margarot    and   Citizen   Ocrrald, 

«  Lmdon,  Ne9,  22,  U03. 
tf  r^liow-Citisciks^—Iduly  tocutffcd  yaor. 


jm^ 


427] 


35  GEORGE  HI. 


letters  of  the  12th  and  28th  instant,  which  I 
laid  before  the  committee  last  night.  After 
reading  and  deliberating  upon  them  maturely, 
they  resolved  that  you  should  continue  at 
your  post  till  you  hear  from  me  ofBcially  afler 
Che  next  meeting  of  the  general  committee  of 
delegates ;  by  that  time  we  may  form  some 
idea  what  success  we  are  likely  to  meet 
with  from  the  advertisement  and  circular 
letter.  We  entertained  high  hopes  of  be- 
ing liberally  assisted  by  the  frientls  of  free- 
dom. A  circular  letter  was  ordered  to  be 
drawn  up,  to  be  sent  to  the  different  societies 
in  England  with  whom  we  correspond,  in- 
citing them  to  send  delegates  to  the  conven- 
tion m  Scotland,  to  promote  a  reform  in  par- 
liament. A  standing  committee  of  five  is 
appointed  to  answer  the  correspondence  dur- 
ing your  mission  in  Scotland.  Your  objection 
to  formit>g  a  new  constitution  in  vour  absence 
was  net  by  them  reckoned  valid :  it  is  very 
possible  that  it  will  not  be  accepted  before 
your  return ;  for  it  will  be  maturely  investi- 
^ted  bv  all  the  divisions  of  the  society  before 
at  is  fully  agreed  to :  besides,  it  cannot  aflfect 
Tou  in  your  present  mission,  for  you  weU 
know  that  we  are  not  very  fond  of  ex  poa 
Jecto  law.  You  will  herewith  receive  a 
draught  for  IS/.  IS*.  OJ.  on  sir  William 
Fortes  and  Co.  The  Englishman's  Ki<:hts  I ; 
will  send  you  a  few,  with  a  few  other  tracts,  j 
We  have  not  near  enough  fur  the  orders  we  ; 
liave  from  the  country,  and  our  own  addresses  | 
are  nearly  out  of  print.  I  shall  direct  them  | 
to  the  person  to  whom  I  address  your  letters.  • 
There  is  no  news  in  town  of  importance  from 
the  continent. — I  am,  for  the  society, 

(Signed)        "  TnoxAS  1£a a dy, "secretary, 

"  Mr.  Frost  is  very  ill." 

Addressed  on  tlie  back : 

**  Maurice  Mar^rot,  Joseph  Gerrald, 
Delegates.*' 
«  Lmdon,  Nor.  29M,  1793. 

"  Citizens ;— T  am  desired  by  the  ccncral  '' 
comniitee  to  make  you  acquainted  with  their  | 
determination  relative  to  yuur  stay  in  Scot-  : 
land,  which  is»  that  you  are  Ixith  to  remain  at ! 
your  post  until  the  convention  adjourns  for  ' 
the  pre>ent  season*,  then  both  to  return  to 
England  wtli  all  pus>iblc  i-NPOilition.  ' 

"  The  12/.  Vi*.  0(i.  whicli  I  transmitttxl  on 
tiitf  22nd  instant  by  tiir  ordrr  o!  Xhv  co(iiniit- 
tce  to  vou,  am  athud  has  miscarried,  othrr- 
ways  (ioubt  nut  vouwouKUiuvo  acknowU\l^d 
the  receipt ;  ani  not  h.i\  iii^  nvcivcd  any  let- 
ter >  since  tlic  date  of  the  '•*Ol!i  instaul,  aro 
also  concerned  tor  tear  they  should  ha\e  lieeii 
intcrcepteil.  We  are  hijjhly  plea>ed  Mith 
ttic  propi^sixl  union  with' our  northern  bi'c- 
thrcn,  and  l»cg  ytni  will  u>e  every  exertion  in 
\our  |vwrr  to*'cstabli>h  that  dcMrable  union  | 
upon  a  limi  and  permanent  l>a.M<.  li  ^wes 
us  great  pleasure  and  encouragement  to  \wat 
that  the  spirit  of  lilKrty  is  m^  l\oiui>hm);  lu  ' 
the  uortli,  and  are  happy  to  infonu  you  tluit , 
tbe  same  noble  spirit  u  nalung  a  nifid  |«v- 1 


Trial  of  Thmas  Hardy  [428 

Sess  in  the  south.  We  are  sonv  to  hear  of 
e  indisposition  of  citizen  Gerrald,  and  hope 
it  is  not  of  that  violent  nature  as  to  precluoa 
him  from  attending  the  duties  of  his  mission. 
— Yours  in  behalf  of  the  society, 

(Signed)      "  TnoMAS  Haudy,  secretary. 
*'  P.  S.  We  have  not  hM  any  account  of 
the  arrival  of  Mr.  Muir,  although  we  have 
been  making  every  inquiry  in  our  power." 

Addressed  on  the  back : 
^  Maurice  Margaret,  and   Joseph  Gerralc^ 
Delegates.*' 
Mr.  John  GurntU, — I  found  this  letter  in 
Mr.  Hardy's  desk. 

[It  was  read.] 

'<  Edinburgh,  Tuesday,  Dee,  9, 1799. 

**  Citizen  Hardy ;— We  received  last  flight 
a  letter  signed  b^  you,  but  written  by  anoUicr 
person,  acquaintmg  us  with  the  determination 
of  the  committee,  *  that  at  the  adjournment 
<  of  the  convention,  we  should  return  imme- 
.'  d lately  to  London.'  This  determination  we 
will  undoubtediv  conform  unto,  unless  it  be 
(as  we  hope  and  trust  it  will)  contradicted  ia 
your  next ;  for,  if  the  committee  abides  by  it, 
we  who,  by  being  on  the  spot  and  thoroughly 
acquainted  with  the  state  of  the  country,  can 
judge  with  certainty  thereon— do  assure  you 
that  our  immediate  return  to  London  will  be 
attended  with  very  bad  consequences;  for  at 
present  a^i  the  country  societies  look  up  to 
us  to  come  among  ihem,  to  enliven,  to-  en* 
courage  them,  to  convince  them  by  our  pre- 
sence that  we  exist,  that  we  have  been  sent 
from  England  for  the  purposes  of  union  and 
reform,  and  that  the  time  is  near  at  hand 
when  such  reform  must  take  place.  Nothing, 
dear  friends,  must  force  us  from  Scotland  at 
present  but  the  absolute  impossibihiy  of 
oearing  the  expenses  attending  our  mission, 
and  those  expenses  may  be  somewhat  les- 
sened by  recalling  one  of  us  and  leaving  the 
other;  our  Norwich  friends  may  likewise 
bear  a  part  of  them ;  so  that,  unless  the  funds 
of  the  society  are  verv  low  indeed,  no  excuse 
for  recall  can  be  valid,  unless  founded  on  fear, 
and  that  wo  must  remind  you,  is  our  concern 
and  not  yours.  While,  therefore,  the  idea  of 
uuitin-;:  our  society  with  the  whole  kingdom 
of  Saitland  alVorils  you  a  pleasinc  prospect, 
let  u>  *lo  every  thing  in  our  power  to  cement 
that  union  :  and  this  can  only  be  done  by  a 
loiij^T  rcMdencc  in  tiie  country,  and  by  visit- 
inj;  the  se\eral  svvicties  which  have  sent  de- 
leiales  to  Kvhnbur^h.  and  would  think 
tlieiiisclves  iil-u>c\l  if  "we  did  not  take  their 
town  m  our  way.  Consider  oi  it  then,  we 
l»c^etv!i  \ou.  and  let  us  luivc  your  an>wer 
im:iu\>.iteK. 

"  the  convention  pi\x«\l  with ^reai spirit; 
Mv  Mt  dAiIy :  and  la>t  week  we^  came  to  a 
iVM>ltuuMi,  which  we  tanry  will  give  plea;»ire 
to  every  Ihei^  l\^  nrtorm  :*  as  the  minutes  are 
tt>  br  priulffd,  we  will,  at  prescDt|  oely  g^vQ 
>^i  the  hcttiis  of  it,  TU. 


Jhf  High  TftaiM, 

**  Tlml  »lKni1d  any  attempt  bo  made  by  go- 
erntncnt  for  Ihc  fcu&pcasion  of  tiie  Hubeaa 
jirpiw  btlL  the  iotroductlonof  a  convention 
%V,  Of  the  landine  of  tbremn  troops  in  Great 
Iritain  ur  Ireland,  the  delegates  are  iiume- 
Wly  to  ^!>cmble  in  convention  at  a  certain 
)«)acc^  the  appoiuimeDt  of  which  is  left  with 
a  iccrcl  commilttc.  That,  \vhen  seven  de- 
leg;ite*»  &hall  bt^  thus  assembled^  they  shall 
drclarc  thi*mselves  permanent;  and^  when 
tl.  uls  to  twenty-one,  they 

t  jnesa  :    thus  you  see  we 

vium-  iii^din>L  what  may  happen. 
'^3€0  Gerrald's  health  is  so  far  reco- 
\n  not  prevent  him  from  ftdly  at- 
i  duty.    We  cannot  say  as  much  of 

I  lair,*  from  the  Society  for  Consti- 

^  lormatjon;  he  has  been  confined 

t  ever  sUice  Saturday  by  a  violent 

ore  throat:  he  is,  howeviT^  some- 
u  ,  this  morning.    He  is  a  valuable 

vv  i.v  ii.  u;  and  should  he  die, his  loss  would 
In  N  Li*  )v  felt;  not  indeed  by  his  consti- 
tuciils^  who  have  baHply  abandoned  hun,  but 
bv  all  the  fnends  of  frtcdom.  He  is  a  nicm- 
\m  of  our  society,  ;iud  we  recommend  him  to 
^^iMt  notice, 

**  You  wdi  hrforc  this  have  received  our 
U»t,  of  the  2Gth  Noveraher,  acknowledgiug 
the  receipt  of  your  letter  of  the  'iSrd,  together 
irtth  a  remitt^iiice  of  1^/.  ]2«.  Od.  Our  tin)e 
i\  sfi  r  uti  t^iniiv  rm ployed  that  we  find  it  al)- 
ihle  as  yet  to  write  to  you 
I  ii  week,  and  even  that  on  no 

;  eigbleen  hours  out  of  the  four  and- 

V  devoted  to  public  business^  and 

}  .4  ijuy  refit  assured  they  are  not  mis* 
>ptriL  We  are  happy  to  hear  that  you  go  on 
a^  well  tn  tlte  iiouth  att  we  do  in  the  north. 
Ltttert  convey  but  very  imperfectly,  and 
irtth  no  Ercut  de^ec  of  safety,  what  we 
iDigbt  wibh  to  intorm  each  other  of.  You 
Lave  daa€?  u§  a  mkiterial  injury  by  neglecting 
lAiicxid  u«  a  parcel  of  our  i^ublicatiunijf  and  a 
tuimbrT  of  copies  of  the  Juryman's  Rights ; 
|if«y  d«j  not  delay  them  any  longer,  and 
ibctn  sotiK  nf  the  letters  to  Dundas. 
e  iCQt  ilinburgh  Gazetteer  last 

urr  . ,  !  vou  anotlier  to-morrow ; 

i  see  part  of  what  has  passed 
tin  noa — We  remain,  most  »in- 

iy,  yuui  fcDow-Ubourers  in  the  cause  of 
**  JnsEiMi  GitanALD,  delegate. 
"  M,  AlAaoAaeT,  delegate. 

M.  M«  would  be  glad  to  receive  a  line 

T*  H.  about  private  business  of  hit  own." 

Addfu^aed — "  Mr.  Thomas  Hardy ."^ 

To  Mr*  William  Scott. — Were  thcK'  papers 

iiind  in  the  same  maJiAcr  a&  the  other  pa- 

?— Tbcy  were. 
Mr*  Bo»«r,— These  are  the  proc«edinga  of 

Mr.  Znkinr, — I  confess  I  am  not  very  anxi^ 
^ca  Iw  *lnjl  out  any  evidence.  I  very  probably 

•  tM^c  lUii  auiC,  anU  Vol  93,  p.  7?7. 


A.  a  1794.  fm 

do  not  understand  it;  but  I  do  not  aee  how 
it  bears  upon  the  case.  A&  the  case  ^tanda^i 
at  present,  the  evidence  is  this.  This  &ocieL; 
was  formed*  the  object  of  its  formation  ha 
been  read  in  evidence,  sid>ject  tu  such  cotj- 
struction  as  the  j^entiemen  of  the  jury  upiofi 
their  oaths  shall  be  disposed  to  put  upon 
it,  iu  curuicxion  with  all  the  rest  ol  the  evi- 
dence. They  appoint  two  delegates  to  attend 
tf/is  Edinburgh  Convention,  and  your  lordships 
wdl  have  the  goodness  also  to  recollect,  that 
the  holding  of  tliat  convention  in  not  an  act 
which  is  charged  at  all  upon  this  record ;  but 
the  conspiracy,  as  it  is  called,  was  tu  assein* 
ble  another  convention  at  a  very  distant  pe- 
riod after  this  hrst  convention  had  b&en  uii- 
persed. 

We  had  it  in  evidence  recently,  we  have 
all  heard  within  tliese  five  minutes  that  thohe 
two  gentlemen  who  were  appointed  as  dele* 
gates  to  represent  the  Corresponding  Society, 
of  which  the  gentleman  at  the  bar  was  se- 
cretary, had  instructions  given  them,  which 
instructions  directed  these  delegates  to  pur- 
sue clo.scly  those  rules  and  institutions  ol  the 
society  which  have  been  read  in  evidence. 
Therefore,  my  lord,  if  they  have— I  do  not 
know  that  they  have,  nor  do  I  care  whether 
Ihey  have  or  no— if  it  shoidd  turn  out  in  the 
proceedings  that  are  now  proposed  to  be  read, 
that  this  convention  at  Edinburgh  did,  in  the 
moments  of  heat  and  irritation,  which  I  take 
for  grinlcd  always  must  belong  to  persona 
in  the  situation  in  which  they  were  placed — 
if  they  had  written,  or  said,  or  done  any 
thing;  nay,  I  'urill  go  farther,  if  Mr,  Marga- 
rot  has  done  any  ming,  or  said  any  thing* 
not  within  the  scope  of  the  instructions  given 
to  him,  which  instructions  have  been  read  in 
evidence,  and  which  instructions  refer  also  to 
the  institution  of  the  society,  which  has  been 
also  read  in  evidence,  I  humbly  contend  thai 
cannot  affect  the  prisoner  in  any  way :  and 
^ive  me  leave  for  a  moment  to  call  this  to 
me  serious  consideration  of  the  Court, 

The  dcfenitant  is  charged  with  no  act  of 
the  Edinburgh  Convention  ;  no,  he  is  charged 
with  that  of  which  if  I  could  believe  him  one 
moment  in  my  mind  to  be  guilty,  although  I 
must  stand  here  to  do  my  duty  towards  him» 
yet  I  should  do  it  in  another  fashion  tiian  I 
mean  to  perform  it — he  is  charged  with  com-> 
passing  and  imagining  the  death  of  uur  sove- 
reign lord  the  king,  whose  hfe  is  dear,  my 
lord,  to  all  the  kingdom ;  in  order  to  prove  that 
he  had  from  the  beginning  that  wicked  inten- 
tion, for  that  wicked  intention  is  the  founda- 
tion of  the  whole  proceeding,  and  no  act  can 
be  given  in  evidence  before  your  lordships, 
nor  will  T  sit  here  silent  to  hear  any  act  given 
in  evidence  that  does  not  go  to  show  the  pri- 
soner at  the  bar  had  that  wicked  compaasing. 
I  admit  tliat,  if  they  can  show  that  any  in- 
structions were  given  to  these  two  men,  which 
instructions  carry  upon  the  face  of  them  (And 
wlit'ther  they  carry  it  upon  the  face  of  tlieiu 
or  no  is  subject  to  the  considemtion  li)al  lliey 


431] 


35  GEORGE  IIT. 


Triai  of  Thomat  HatJy 


[435 


are  to  rec*i»e  from  the  jury)  evidence  of  Ihat 
wicked  intention,  or  that  that  ioteniioo  can 
be  proved  by  any  thing  that  is  like  inference 
ur  coaslniclian  (for  this  is  not  an  extension 
of  Uie  statute  al  aU)  this  is  matter  of  evi-' 
dence. 

My  friend  Mr.  Gihbs  and  myself  have  sat 
silent ;  your  lordships,  I  am  sure,  must  agree 
that  we  have  given  no  sort  of  trouble  to  the 
Court,  nor  do  I  mean  in  the  progress  of  the 
cause  to  give  trouble  to  the  Court;  when, 
thereforci  they  read  any  ihinff  that  comes 
from  Mr,  Haroy,  or  any  thin^  that  dues  not 
come  from  him,  though  he  is  the  mere  in- 
strumenty  as  the  secretary  of  a  body  of  men, 
^et'if  he  mixes  in  it,  we  have  never  objected  to 
It  as  evidence ;  but  when  they  propose  to  read,  I 
do  not  know  what  it  is — probably  I  am  wast- 
ing  my  own  breath  and  your  lordship's  time 
ill  opposing  that  which  wilt  be  of  no  conse- 
quence, perhaps,  when  it  comes  to  be  read  ; 
but  when  I  stand  here  defending  this  man, 
who  holds  his  life  under  the  law,  and  I  am 
not  defending  his  lite  outy,  but  my  own  life, 
and  the  life  of  every  man  in  the  country,  I 
must  take  care  that  the  rules  of  evidence  are 
observed — I  wish  to  know  the  nature  and  the 

Sjality  of  the  jmper*  If  it  be  something  Mr. 
ardy  is  co^izani  of,  if  they  can  show  that 
tlie  proceedings  of  the  convention  were  known 
to  and  approved  of  by  Mr.  Hardy,  my  objec- 
tion falls  to  the  ground,  and  I  have  nothing 
to  "^ay  about  them. 

1/ird  Chief  Justice  Eyre. — I  take  it  foj 
granted  they  mean  lo  do  that,  because, 
oiherwibe,  the  proceerlings  of  the  convention 
at  Edinburgh  can  be  nothing  in  this  cause. 

Mr.  Hitwer. — Tliere  are  subsequent  appro- 
bations of  them  without  end  t  we  shall  read 
evidence  enough  of  that  by  and  by. 

I^rd  Chief  Justice  Eyre, — There  is  enough, 
ill  my  opiuiou,  to  let  in  the  evidence ;  the 
ftppl  nation  of  it  is  quite  another  considera- 
tion ;  this  is  the  act  of  a  body,  to  %vhich  this 
prisoner  sent  persons  to  act  in  his  name ;  he 
may  aflerwarfls  to  he  sure  object  that  they 
«aeeedcd  their  commission,  and  therefore 
thoy  are  ticrsonally  responsible ;  but  I  think 
tlist  will  l>e  observation  upon  the  evidence,  it 
IS  no  oblectioD  to  tlie  evidence. 

Mr.  knkine.—l  am  perfectly  satisfied ;  I 
Cktity  wanted  to  know  what  we  were  about. 

Mr.  Solicitor  GeneraL^Mr,  Skirvin|  must 
ill!  ton%idered  as  agent  to  the  society,  and  it 
u  extremely  important,  as  it  sterns  to  me— ^ 

Lord  Chief  Justice  E^re, — It  is  agreed  to 
be  read,  subject  to  the  observations  that  may 
arttieupon  iL 

fllie  M  mutes  of  the  convention  at  Edmburgh 
were  then  read ;  but  as  they  have  been 
already  printed  at  hill  length  in  the  trial 
of  the  secretary,  Skirving  (^nl^  Vol-^, 
pp.  ^9l*'-M2)^  it  IS  thought  oe^UesB 

'  ^  Th«  rvidtr  is  requestud  on  refcffiiig  aa 
^v«  to  the  Miltules,  to  inake  Uic  following 
»rrtt  ttoiis ; 


^ 


here  lo  repeat  them.  It  should,  how- 
ever, be  noticed,  that  on  this  trial  of 
Hardy,  the  blank  which  the  reader  wtU 
observe  at  the  end  of  the  Minutes  (pk. 
449),  ^^^  ^llcd  up  with  the'*  Peelamtiott 
and  ReFolutioDs/'  which  by  the  coftven- 
tion  were  ordered  to  stand  last  on  theif 
Minutes,  but  which,  in  fact,  had  never 
been  incorporated  into  the  original  docu* 
nient.  1  he  **  Declaration  and  llesolU' 
tions"  will  be  found  in  the  indictment 
aj^aiost  Aleiunder  Scott  and  Vol.  S5,  p. 
385.] 

Mr.  John  GurneiL—l  foutd  tbeit  ^%\ 
in  the  prisoner's  house. 

[They  were  read,] 
«  Edinburgh,  Dec.  8,  17^3. 

"  Fellow  Citizens ; — We  desire  that  a  copy 
of  the  inclo&ed  papers  be  kept  hy  the  socle^** 
and  that  another  copy  rjf  them  be  deliveroa 
without  delay  to  citizen  Martin,  in  order  thai 
he  may  proceed  thereupon  immediately. 

*•  You  will  already  hare  had  confused  ae* 
counts  of  what  has  taken  place  here  for  the 
last  four  d.'iys,  but  on  Tuesday  next  the  Edin- 
burgh Gazetteer  shall  (if  despotism  permit) 
give  you  a  complete  detail  of  cvers  '  "  litj 
siocicty  will  thereby  be  able  to  di-  it 

our  arrival  in  Scotfar.d  has  been  priMUKnvc  of 
great  advantage  to  the  cause,  and  at  the  ^mc 
lime  has  given  great  abrm  to  our  eneinic%. 
We  are  very  much  surprised  at  the  remiss- 
ness of  the  society,  while  we  are  ptrnn*.m^ 
our  life  and  liberty,  while  we  ar  \\ 

our  time  and  our  exertions  to  th^  r^ 

while  we  are  incurring  numhcrless  expenses, 
and  aftrontin^  dangers  which  would  stager 
the  most  haro}*  of  them  ;  while  wc  arc  doing 
all  this,  we  are  moreover  obliged  to  reminS 
them  of  it,  and  that  supplies  are  now  become 
more  necessary  than  ever.  Purely  the  pecu* 
uiary  exertions  of  any  individual  fti    '  i- 

ely  can  never  be  compared  to  our  <  :  . ; 

honoured  with  their  confidence,  wt  nun  our- 
selves happy  in  biin^  placed  in  the  IronC  of 
the  battle  ;'hul  let  tnem  remember  that  our 
sacnficmg  ourselves  will  be  of  little  use^  un- 
less they^atford  us  a  proper  support,  and  that 
most  immediately.  Not  darmg  any  longer 
to  trust  lo  the  post,  we  send  you  all  these 
papers  in  a  parcel ;  you  will  be  so  good  as  to 
make  us  acquainted  with  their  sale  arrival. 
Gcrrald  wi«^hes  to  get  to  I^ondoQ  as  soon  as 
possible:  he  will  communicate  that  whkb 
cannot  be  so  fully  expressed  by  letter;  jou 
may  consider  lliis  as  a  private  letter,  hut  you 
may  read  such  parts  of'  V  i     "      '     '   »* 

per,  to  any  member  of  ti  !y 

where  it  may  be  nroduttivr  u 

will  9«e  by  the  iivclosed   pa|^  r 

has  proceeded  in  a  most  arb.ii«.j  ..>..j.i..i; 
almost  all  the  prommeot  cbarmctcrs  m  the 

P,  411. 1.  v-l  from  bottom ^  ^tr  paragm^b 
in$tri  by  paragraph, 
}'.  410.  i  ^,  ofitr  kmm  immt  what. 


433] 


Jot  High  TreaMm. 


coDrention  have  been,  or  arc  to  bo  appro 
bended  and  examined.  Lord  D:icr  will,  wc 
believe,  meet  with  no  n'catcr  r;ivoi]r  tliun 
ourselves;  wc  understand  that  there  ir>  a  war- 
lant  out  against  him.  As  an  account  uf  what 
fats  happened  to  us  would  exceed  the  hounds 
of  a  letter,  we  will  only  just  give  you  a  sketd) 
of  h,  by  way  of  journal,  referring  you  as  wc 
taid  before,  to  next  Tuesday's  Gazetteer. 

^■Thitfsday  morning  at  seven  o'clock,  a 
aheriff^s  officer,  followed  b^  five  other  men, 
entered  our  bed- room,  informed  us  he  had  a 
warrant  (which,  however,  he  refused  tu  sliuw) 
for  apprehending  us,  and  seizing  our  papers. 
We  remained  confined  all  day ;  at  night  wc 
were  examined  and  admitted  to  bail,  each  in 
the  sum  of  two  thousand  nierks. 

"Friday  morning,  at  nine  o'clock,  wc  wcio 
sent  for  again  without  a  warrant,  fur  the  pur- 
pose of  being  present  at  the  opening  of  a 
iinall  trunk,  containing  our  papers;  but  M. 
U.  protesting  against  ^tlie  ille^ity  uf  the 
whole  of  the  proceedings,  and  refusing  to  give 
np  the  key,  the  sherifl*  substitute  and  the  pro- 
curator fiscal  dared  to  proceed  no  farther  in 
tbe  business. 

"  Saturday  morning  at  nine  o'clock,  two 
mesMngers  came  agam  into  our  room  with 
Gerrald ;  the>r  lef^  a  summons  to  appear  at 
ten  o'clock  with  M.  M.;  they  lefl  nothing 
bura  request  to  accompany  Gerrald  to  the 
office,  yet  when  arrived  there,  he  found  that 
a  warrant  was  issued  against  him,  for  the 
purpose  of  detaining  him  a  prisoner.  While 
the  box  was  opened,  and  the  pai^ers  examined, 
M.  M.  still  p^rsistinp;  in  his  rri'nsal,  the  key 
was  furcrd  from  him,  the  trunk  was  opened, 
the  papers  examintd,  and  p.irtly  restored;  the 
other  part  was  kept,  and  a  declaration  drawn 
up  whKh  he  wab  required  to  •tizn,  but  rehj>»ed, 
piotesting  against  tlir*  whulc  o't  the  business. 
Gerrald^  however,  f^i^rned  what  was  drawn  up 
in  his  name,  and  we  were  once  more  libf>  ' 
rated ;  and  sinru  then,  now  alr^-ady  twcnty- 
ibur  hours  no  further  persecution  Itas  l>ecu  j 
rommenccd  against  us ;  but  wlak  wp,  as  in- 
dividualft,  were  ttaia  hara^^frd,  nhurvldy) 
the  whole  of  tlie  convention  were  cq  tally  iiJ 
used ;  many  of  ihcm  were  liiken  into  f.a^^tody, 
and  wlien  the  remainder  m»^  ah  usimI,  the 
pKMOst,  attended  by  hi*  iiiym.id'^ii-,  w*.rii. 
and  after  pulling  Miittbew  LampU:!*  i;rosvne, 
of  .Sheffield,  out  of  ibe  cluii:.  orrJ'frt'j  t:i«  c^fj. 
v«ntkM]  to  di-perie,  and  iM'^rn.f.d  lh'.r;i  that 
he  woald  allow  do  ^ticii  :ii<:e*.ii.-z%  iri  i iKnit. 
(Vriday)  the  next  day,  Vji  '.oii-.«;i.»Jo*»  uw'iwz 
a'^reed  to  meet  at  an^u.cr  \  .ach,  o  jt  o*  Xii*] 
jurisdictioii  of  the  pr^-v.-:-.  we  hid  i*vi 
beealoDg  arsembied  L'.i.rf  'j.t  t:,';r.:;.  '..-.i:. 
his  myniii(ioD&,  appetfe^  -'r-vr^  '^^-.'AiiC'.tij- 
mandcd  us  to  ccpart;  -a'^:  L&\.:*-^  ferce^ 
whether  that  meetiris  »a*  u*t  iir ».-':.  (.ou- 
veatkMi,aud  being  aJfr««r€xi  :i.  t.v.-  'cr..r.ii^ 
five,  he  next  inouired  v:,o  wa$  y:*-i^ti.i, 
inoo  which  M.  51.  J^vxi:  ope:..;,  ferr.f:,  v.^'. 
oMained  Icstve  of  the  odu  »>».•- vLij  ^-.--vc  n.r^ 
idf  in  tfae  ctoir  i  tfifarmeiS  tut  ti^,  :Jz  mj6,\  :.» 

VOL  XXIV. 


A.  D.  179i-  [4M 

y\.  M.  was  then  president  of  tlir  l)riti>li  Con" 
vcntion,  and  that  he  would  not  hreuk  up  tho 
meeting  unless  unconstitutional  lyfurrc<llhrre- 
initu  by  the  shoriirs  pulii.ig  liiiu  out  of  the 
cliiiir;  which  the  bitter  (after  souw  liitlu 
liositalion)  having  complied  with,  llu;  fX-pn** 
.^idcnt  ((icrnild)  was  also  mil  inln  i\\v  chair, 
whicJi  he  would  not  leave  but  by  lieinj*  pullcti 
out ;  adjourned  the  funvcntiuu  to  the  plaru 
where  it  was  to  Itecome  permanenl  in  ita  sir- 
ting,  and  having  called  upon  hiH  riillrai^hl 
Gerrald,  fur  to  cIum;  the  niet'tin^  with  prayrr, 
the  company  deimrtcd  peamably,  but  nut 
without  various  rellections  uu  tin;  pro- 
ceedings, and  those  reflections  not  confuuid 
merely  to  the  nitinl>ers  of  the  convention,  but 
coming  also  frofii  the  crowd  without  doors, 
and  even  frr)iii  the  attending  constables.  Tlio 
ni^xt  day  a  nrorlamation  was  i.ssurd  liy  tlio 
provost,  furbifldin^  all  asseiubling  witlnn  tho 
limits  of  his  jurisdiction.  We  know  not  what 
will  happen,  but  we  vonture  to  predict  that 
all  this  uersecution  will  im^reasc;  rather  Ujaa 
diminibh  theardour  of  the  people  for  reform. 
The  country  societies  hearing  of  this,  are 
hourly  poiinng  in  fresh  delegates.  Want  of 
paper  forbids  my  writing  any  more. ->  Adieu, 
yours,  M.  M." 

<'  KdMnrghf  December  19,  1793. 
"  Fellow  Citizens  ;^It  is  impossible  for  us 
to  find  time  to  write  you  as  we  ought ;  every 
instant  we  arc  interrupted,  or  rather  the  Iioumj 
is  not  free  from  visitors  from  early  hour  until 
twelve  at  nii;lit,  and  we  have  besides  sin  h  a 
variety  of  buMuess  ufKiU  our  handi  tiiat  we 
ran  scarcely  make  any  progress.  llowev«-r, 
as  Sinclair,  the  delegate  of  tfie  .Society  for 
Constitutional  Information,  will  anivc  m 
town  as  M^on  as  this  lett'rr,  he  will  be  aMe  to 
trive  you  ari  aixuratt  verbal  detail  <A  all  tbe 
infamous  pnxxtdjn;:^  wl.i'h  liavct^ikcjj  \.huf 
li'.r':— M'iK»?  progress  of  rclorm,  and  ol  the 
J- 1  xIjs  for  fiitur';  op'-ralion-..  My  '.'AU.hzmh 
(i'.rrild  al":0  I'ropo«^';s  to  leave  U*:i  phf.*;  th<f 
l;iM.'.r  Mi'J  of  tbi-,  or  the  lA-'/iniiiij^  of  n*;xl 
w»;rk.  He  v,il\  #.-K|ilain  hinjvJf  trj  yyi.  Vny 
ytiA  bi:n  rnori'ry  for  his  journey,  ten.  If*;  .• 
I. ',w '.",:.«.*  1.0  J Vr It:  on  v#.ry  ur;^«,r.l  b')*):.'^.'-, 
i.^'-iiv:  j!i'i  from  enter) fj;;  n:to  ?ji.y  0*.^^..  :.». 
j.re-s^-.-t.  V. «.  .',av*:  to  v.kfi'iV-. "J J';  y^if  »/-.o 
J<-tit»t'r-:  \it*.y  f.dju'z  -':.'-. fV A      '-»•*,  f-*.-.^ 

«i....'.t:«;'J  tjit.,  :,■.!:  fi;i\  .  j,'.«r  \:.*,.T  I;!**:, 
V  :.*..•' t  i-'i'.  i'.IiV '^r..»  !it»i.i  •*•:  '  •.:  A  i«..-- 
;v,:   f.r-l  :;     '  •■  ;.-.  'Liu'*  :•/!  l.^«  '■'   :;•    :.'  c- 


.'•■*■       » •  *.     ■»••  • . 

»    IKK.  «t    •■  *.   ' 

..  v:-  v.-  •     .: 


I 


will  give  you  no  reason  to  think  vour  prnise 
premalurely  beslovved.  Since  Sinclarr'a  acpsir- 
lure  nothing  new  has  occurred,  eiceoting  the 
ibrmation  ota  society  some  where  atoiil  the 
Grampion  Hills ;  they  have  already  got  the 
intelligence  that  the  convention  mean  to  en- 
lighten the  Highlands;  and  lliey  testify  their 
gratitude  for  our  remembrance  and  our  exer- 
tjons,  and  liave  already  made  a  subscription 
towards  it^Again  in  term  p  ted,  and  likely  to 
lose  the  post,  unless  I  dispatch  this  iinniedi- 
atcly.  Believe  me  fellow  citizens,  yours  unto 
death.  "  M.iurice  Mabo^rot/* 

**  Pniy,  my  worthy  friend  Hardy,  did  you 
some  weeks  oack  receive  an  enclosed  letter  to 
Prcval  ?  Did  you  likewise  receive  the  papers 
and  parcel  sent  you  by  the  Charlotte,  on  Wed- 
nesday the  lOih  instant?  Have  you  done 
any  ihing  with  that  piece  of  paper?  Have 
you  written  to  Norwich ;  luid  have  they  an- 
swered you  ?— I  have  sent  thctn  news  regu- 
larly, but  have  not  received  a  single  letter 
from  them.  Send  them  some  fresh  mode  of 
directing  to  me,  or  else  let  tlieui  send  Iheir 
fetters  to  you  first, — Pray  question  Sincbir 
most  particularly—  vale  Jk  amor." 

Addressed 
'  Mr.  Thomas  Hardy,  No.  9,  Piccadilly.*' 

Mr.  Thmrnu  Maclean^—l  found  these  two 
pupers  in  the  posses&ion  of  Mr,  Adams, 

Ahrandcr  Grant  said  he  believed  tliem  to 
be  tlic  prisoner's  hand-writing. 

[They  were  read-] 

**  London  January  10^  17 5i. 
"  Citizen  Adams ;— The   Ijondon    Corres- 
pondm^  Society  begs  the  society  for  Constitu- 
tional infurmatiou  to  accept  of  a  few  copies 
of  M.  MargaroVs  indictment. 

"  TnoHAS  Hardy,  secretary. 
**  P.  S.    The   London  Corresponding  So* 
ciety  is  to  have  a  general  meeting,  and  anni- 
versary dinner  on  Monday  the  20ui  instant  at 
the  Globe  tavern,  Strand/' 
Addressed 
**  Citizen  Adams,  secretary  to  the  Society  for 
Constitutional  Information/' 

"  London^  January  lUA,  17D4, 
**  Fellow  Citizens ; — I  have  just  received  a 
letter  from  citizen  Margarotat  Edinl>urgh, 
with  some  of  the  Edinburgh  Gasdcttccrs,  where 
you  will  see  that  citizen  Skirving  is  found 
guilty,  and  sentenced  for  four  teen  years  tnins- 
porlation  to  Botany  Bay.  Margarot's  trial 
comes  next,  he  meets  it  with  great  Annncst 
and  resolution.  I  hav^-  n^^  V'ne  to  make  my 
GOnunents  on  the  p:  ,  but  I  think 

our  opponents  are  cr  i  own  Hiroats 

aa  fattaa  Uiey  can.  r   iin 

lodofiorocthine  wofti  da- 

fendemof  I  ati  ♦!  the  1 

jiel,  arc  ^v  wonder*. 


hopes  to  have  time  very  soon,  frhen  his  trial 
is  over,  and  immured  in  a  prlscin.  The  Lon- 
don CorrcsponduigSucicly  is  to  hate  a  gene- 
ral meeting,  and  an  anniversary  dinner  on 
Monday  the  20th  instant  at  the Gh  m, 

Strand."    I  have  sent  >ou  some  ol  ^  s 

and  Skirving'5  indictment^  with  two  copies  of 
a  pamphlet  on  brewing  i  he  is  a  member  of  our 
society,  the  author ;  if  you  approve  of  il^  j^on 
may  put  it  in  practice,  and  be  a  great  saving 
to  many  families,  also  a  diminution  of  the  re> 
venue,  for  every  one  brewing  their  own  beer 
pay  no  duty  for  it,  excuse  haste ;  1  still  remain, 
&c.  (Signed)  «  Tho.  Hardy/' 

Jamet  Datfidson  sworn.— Examined  b/   Mr. 
Garrom. 

I  believe  you  are  a  printer  by  business  1^- 
Yes, 

Were  you  employed  at  any  time  %o  print  a 
number  of  these  papers  ?-^Yes. 

When  were  you  employed  ? — I  believe  it 
was  the  20th  of  February  last. 

By  whom  were  you  employed  f — TbelwaH 
brought  me  the  manus<:ript* 

Was  any  body  with  him  when  he  eame 
with  it?— Yes,  there  was,  but  1  do  not  reajt 
lect  who. 

Were  there  more  persons  than  one?^No* 

What  orders  did  he  give  you  respecting  it" 
— He  desired  me  to  print  off 

Mr.  Ertkine.—Js  this  evidence  ? 

Mr.  Gflrrou?.— We  submit  that  »li«. 

Mr.  Erskine, — ^I'hcn  I  object  to  it,  what 
Mr.  Thelwall  said  is  no  evidence  against  Mr, 
Hardy. 

Mr.  G arrow. — I  !;ubmil  to  your  Iord»b 
that  it  is  the  clearest  evitlence  in  the  worl 
after  that  which  your  lortlships  and  iheji 
have  already  heard.  We  have  proved,  by 
great  variety  of  evident *%  mucn  of  it  und,, 
the  hand  and  iiignaturc  of  the  prisoner  now  at 
your  lordship*s  bar^  much  by  papers  r-^"'  tq 
Iii  s  custody  a t  th e  t  i m  e  o  f  b is  ap pr  r  i 

clear  connexion  and  conspiracy  upu;.  ...^  ,,f>. 
jcct  of  this  high  tre?-son  between  Mr. 
Thelwall  and  the  prisoner.  We  llirrrTore 
submit  to  your  lordships  with  coof  it 

with  deference  imdoubtedlv,  that  a  r^ 

of  Mr.  Thelwall,  or  any  other  person  against 
whom  we  have  given  evidence,  fit  to  be  sub* 
mitted  to  the  jury  of  their  accession  to  the  g^ 
neral  plan  of  the  conspiracy,  is  clearly  cviden<it 
against  every  man  cliarged  with  0 1  i  li- 
racy ;  thisUiercforeisanactofMr,  )  ; 
it  is  hardly  worth  discussing  in  tin 
only  that  \X  is  as  well  to  do  it  th^  .*) 
that  the  objection  s^-*?*^  •  *'Tt  ^v-  r 
evidence,  such  as  t 


the  printing;  Imi 
Thelwall  ami  ' 


'"8 

i    ilS 


'   t 

i«8  iaih«|^ 

i^h  tf<?.won*  w« 


1  tauc  U)  yttiic  to  ^im 


Uu 


\  here  i»  no  tnimtier  oTdoiiM 
m«it  upon  an  mdictiiietit  for  h,  eo<tU|4racyj  bt 


Jot  High  Treason. 

6oti»ptracy  to  do  one  ftct,  or  another  act^ 

be  Uwj  quality  of  the  act  done,  when  it  is 

ie,.wliat  it  ma^,  that  as  far  as  you  can  con- 

(persons  acting  together  towards  one  pur- 

ise^wiitch  purno&e constitutes  thecrime^  you 

ulijiilkipdK   involve  them  together  by 

not  the  question  here.    I 

i  ^mJ  that  I  have  no  anxiety 

tbt;  subject,  because  it  is  a  printed  paper 

bm  been  in  all  our  hands,  and  was  ye»- 

ly  stated  at  great  length  by  Mr.  Attorney 

iral  in  the  course  of  his  opening ;  but  it  is 

that  the  proceeding's  may  not  be  cmbar- 

'  in  tlie  course  of  thcui  that  makes  nie 

iterpose. 

Mr.  Tbelwall  gives  a  paper  to  this  witness 
be  printed,  if  my  friend  Mr,  Garrow  can 
w  that  Mr.  Hardy  afterwards  paid  for  the 
i(in^  of  this  paper,  then  this  will  be  so 
luch  ttme  lost;  but  if  thai  is  not  before  your 
'  [tp»,  as  it  is  not,  there  may  be  a  difl'er- 
\a  the  quality  of  the  act,  by  the  proceed- 
iarthcr  to  the  printing  a  paper ;  for  in- 
"#-  fuppose  this  paper  itself  contained 
thioj;  criminal,  could  your  lordships 
tea  that  crime  upon  the  prisoner^  by  Mr. 
Iwsir^fc  having  directed  this  gentleman  to 
it  it  f  the  knowing  that  a  paper  is  printing, 
p¥ing  an  authority  to  print  it  is  different ; 
kosiag  that  paper  contained  treason  in  it- 
^  r,  which  I  Lnow  it  docs  not,  that  might  be 
Olimiaion  of  treason,  but  could  not  be  treason 
itBtu,  therefore  I  Iiumbiy  apprehend  that  in 
A  cnminal  case  of  this  enormous  size  your 
kcdihips  will  not  stretch  the  rules  of  evi* 
defice.  so  as  to  allow  it  to  be  asked  of  this 
V  [icther  Mr.  Thclwali  did  direct  him 

(  ler,  Mr.  Hardy,  not  being  present) 

II'  j  rsiL  Lhiit  paper,  the  nature  of  which  I  do 

t  I  lief  Justice  Eyrr, — That  is  what  I 

m'z  to  observe,  the  insisting  on  one 

'       iiiigoi»  the  other,  is  perfectly 

not   kuowinjo^  what  the  con- 

r  are,  the  Court  cannot  judge 

lanch  of  the  evidence  of  the 

icy,   or  something  per^nal 

f  risoner  has  nothing  to  do. 

—I  take  the  liberty  of  stating 

<    urt,  that  the  ground  and  foundation 

wbirh  I  humbly  submit  to  read  this 

i^,  Uiat  it  is  an  instrument  to  carry  into 

tjje   {general  high  treason  charged  in 

•      One  stage  or  step  of  the 

3  ]»njKT  to  excite  the  subjects 

'»cir  allegiance,  and 

iCc  to  set  about  to 

y   rorce  to  assume  the 

lure.    It  is  as  an  instnt- 

i  1*'  carry  that  into  effect  that 

id  it. 

^-U  vni.r  lordship  to  take  that 

-n? 

■  rf— It  is  nccosfary 

'  Court  to  jndeu  whether  it  is 

J  you  describe,  to  open  to  us 

llaH  pan  of  tiie  paper  which  you  aay  bftn  thai 


A,  D,  ITfH.. 


[4S8 


pro... 


tendency.   I  have  cast  my  eye  over  the  paper, 
I  and  I  see  that  there  is  a  passage  in  it  which 
does  go  to  the  general  objecL 

Mr.  Gibb$. — I  understand  tlje  point  tliat 
IMr.  Garrow  contends  is  this,  that  though  Mr, 
fiardy  only  is  now  upon  trial,  yet  because 
one  overt  act  laid  in  the  indictment  is,  that 
papers  were  pHblished,  that  for  the  purpose  of 
proving  that  overt  act,  part  of  a  paper  de- 
livered by  ISIr,  Thelwall  to  be  printed  i»  to  be 
given  in  evidence  against  Mr.  Vlardy* 

Mr.  Gorroir. — 1  shall  not  by  any  ingenuity 
of  my  friend  be  drawn  into  the  argument  of 
an  abstract  question,  I  forbore  to  state  the 
paper,  lest  it  might  be  said  I  was  giving  the 
effect  of  it;  I  will  now  state  the  passage  which 
I  say  demonstrates  tliat  it  Is  of  that  quality. 
**  You  may  ask,  perhaps,  by  what  raean$ 
shall  we  seek  redress?  We  answer,  that  men 
in  a  slate  of  civilized  society  are  bound  to 
seek  redress  of  the  grievances  from  the  laws 
as  long  as  any  redress  can  be  obtained  by  the 
laws.  But  our  common  Master  whom  we 
serve  (whose  law  is  a  law  of  liberty,  and 
whose  service  is  perfect  freedom)  has  taught 
Its  not  to  expect  to  gather  grapes  from  thorns, 
nor  figs  from  thistles.  We  must  have  redress 
from  our  own  laws,  and  not  from  the  laws  of 
our  plunderers,  enemies,  and  oppressors. 
There  is  no  redress  for  a  nation  circumstanced 
as  we  are,  but  in  a  fair,  free,  and  full  represen- 
tation of  the  people.** 

Now  we  allege  and  humbly  insist  that  we 
have  given  much  evidence  to  show  that  the 
purpose  of  this  conspiracy,  which  is  charged 
to  be  high  treason,  was,  by  force  to  assume 
the  powder  of  legislation,  iu  despite  of  the  con- 
stituted authorities  of  the  country,  as  they  at 
present  happily  exist  here,  by  substituting  a 
convention  of  the  people. 

Mr,  Enkint. — Our  objection  i^  merely  with 
regard  to  this  coming  from  Mr.  Thelwall ; 
your  lordship  will  dispose  of  it  as  you  please, 
I  have  no  anxiety  about  it. 

Lord  Chief  Justice  Eyrt, — This  purports  to 
be  a  paper  containing  a  resolution  at  a  general 
meeting  of  the  London  Corresponding  So- 
ciety, held  at  Uic  Globe  tavern ;  it  is  brought 
to  the  printer  by  one  of  the  members  of  Inat 
society,  the  prisoner  being  another  member  of 
that  society,  acting  in  that  society  as  the  secre- 
tary ;  then  thev  bein^  both  involved  therefore 
hi  the  proceedings  oT  that  society,  and  this 
being  a  printed  p;ipcr  produced  by  one  of 
them,  it  does  seem  to  mc  that  in  a  gcne.ral 
charge  of  a  conspiracy  this  is  c^  '  >  (i 
prove  a  circumstance  in  that  < 
whether  it  will  be  ullimalely  so  bro 
to  the  prisonrr,  Hanrly,  as  that  h^ 


responsible  for  the 
it,  may  be  auoil.rr 
is  a  branch  of  the  <  > 
stance  occurring  in  it 
plainly  proves.   Itdoi 
that  it  is  admissible. 

Mr.   Gttrrow.-  -What   direct  tons   did 
Thelwall  give  you  when  he   brought 


1  )ii,  but  that  il 

,  and  a  circum- 

!ui[»Drl  of  thr  p:iper 

III  lu  me,  therttbrvi 


Mr. 

you 


489]         S5  GEORGE  HI^ 

the  Bianuficript  for  the  purpooe  of  printing?— 
Ee  told  mc  to  print  off  two  t^Musand  and 
then  stop. 

What  were  you  to  do  .with  the  two  thou- 
9eiid  when  you  had  printed  them  ? 

Mr.  Gibbs. — ^Does  your  lordship  think 
that  all  the  directions  which  Mr.  Thelwall 
gave,  arc  to  be  received  in  evidence? 

Lord  Chief  Justice  Eyre. — ^Whether  it  is 
two  thousand,  or  what  number,  cannot  be 
material,  it  is  the  publication  of  an  act  of  this 
eociety. 

Mr.  Enkine, — Your  lordship  means  that  it 
will  have  an  application  to  every  member  of 
the  Corresponain^  Society. 
.  Lord  Chief  Justice  Eyre. — It  applies  to  the 
society,  as  far  as  relates  to  the  general  trans- 
actions of  that  society,  but  as  far  as  it  may 
constitute  individual  guilt,  which  may  be  se- 
parated from  the  general  guilt  of  the  parties 
to  the  general  plan,  that  is  another  considera- 
tion. 

Mr.  Garrow, — ^Did  you  print  the  number 
ordered  ?— Not  that  day. 

How  soon  did  you  print  them  ?— I  printed 
two  hundred  of  them  that  day,  and  carried 
them  to  the  Globe  tavern ;  when  I  went  to 
the  Globe  tavern  I  met  Mr.  Ilardy  on  the 
stairs. 

Did  you  know  him  before  ?— Yes. 

Were  you  a  member  of  the  society  your- 
self?—Yes. 

You  had  then  probably  been  present  at 
some  of  the  meetings  of  the  society. — I  was 
not  at  that  meeting. 

Ilad  you  been  present  at  any  meetings  of 
tlie  society  before  you  met  Mr.  Hardy  upon 
the  stairs  at  the  Globe  tavern  ? — Not  some 
time. 

Had  you  ever  seen  him  there  ? — Yes. 
In  what  chanicler  did  he  act  at  the  meetings  ? 
— In  the  character  of  secretary. 

What  passed  when  yuu  met  him  on  the 
stairs?—!  told  him  I  had  brought  two  hundred 
copies  of  the  rcbolutions ;  he  desired  mc  to 
take  them  back  again,  and  not  distribute  one 
of  them ;  accordingly  I  went  home  with  them, 
and  returned  again  to  the  Globe  tavern  to 
dinner. 

You  said  February,  do  you  mean  February 
or  January  ? — 1  am  not  sure  to  the  month. 

Was  it  on  the  day  at  which  the  reso- 
lutions were  come  to? — The  day  of  the  meet- 
ing. 

At  what  time  of  the  day  was  it  that  you 
saw  Mr.  Thelwall  when  he  brought  you  the 
copy  ? — It  was,  I  believe,  between  one  and  two 
o'clock. 

At  what  time  was  it  that  you  carried  the 
two  hundred  copies  to  the  Globe  tavern  ? — 
Between  four  and  five. 

You  returned  home  with  tliese  two  hundred 
by  the  direction  of  Mr.  Hardy,  and  came  back 
to  the  Globe  tavern  to  dinner  ? — Yes. 

At  what  time  was  that  ?— At  pretty  nigh 
SIX  o'clock. 

Were  you  present  at  the  time  these  retohi- 


Triai  of  Thomas  Hardy 


(440 


tions  were  proposed  ia  the  society  ?«*-No^  I 
was  not. 

Was  it  oo  the  day  upon  which  the  reeolu- 
tions  purport  by  Mr.  Thelwall's  Piper  to  be 
come  to,  that  you  went  to  the  Globe  taren, 
or  a  month  aller  ?-*-!  had  the  copy  on  the 
18th,  and  delivered  the  two  hundred  on  ttie 
SOth. 

Look  at  the  paper,  and  tell  ua  whether 
it  was  Januaiy  or  February ;  ii  the  date  cor- 
rect?—Yes. 

Then  do  you  believe  it  was  the  18Ch  of 
January,  and  not  the  18th  of  February,  upon 
which  you  had  the  copy  ? — Yes,  I  see  now 
that  it  was  January. 
Have  you  any  doubt  of  that  ? — ^Nonc- 
When  you  returned  a^n,  was  it  to  a  pri- 
vate dinner  or  a  public  dmner  of  the  society  ? 
— A  public  dinner,  every  one  paid  for  his 
ticket. 

Was  there  any  chairman  at  the  dinner? 
did  you  see  any  person  in  the  chair  ? — I  am 
not  very  sure,  I  think  Mr.  Thelwall  was  in 
the  chair,  but  I  am  not  sure. 
Was  Mr.  Hardy  there  ? — Yes,  he  was. 
When  you  returned  to  dinner,  did  you 
carry  any  copies  of  the  paper  you  had  print- 
ed with  you  ? — No,  I  did  not. 

What  did  you  do  with  these  copies  sifter- 
wards  ? — Somebody  was  sent  for  them  to  my 
house. 
Where  from  ? — From  the  Globe  tavern. 
From  the  meeting  ?— Yes. 
Were  they  brought  to  the  meeting? — ^They 
were. 

What  was  done  with  them  there?-— I  saw 
only  one  of  them. 

Where  did  you  see  that?  —  Somebody 
handed  it  round  the  table,  I  am  sure  I  do  not 
know  who  it  was. 

How  many  persons  might  there  be  assem- 
bled at  that  meeting  ? — I  dare  say  there  weft 
about  three  hundred  or  thereabouts,  as  near 
as  I  could  guess. 

How  late  did  you  stay  ?— Till  ten  o*clock, 
or  thereabouts. 

Did  yuu  print  any  more  of  them  at  any 
time  ? — ^Yes. 

When  ? — I  cannot  be  particular  to  the  time, 
I  printed  in  the  course  of  that  week,  I  believe, 
a  thousand  more. 

By  whose  order?-— Mr.  Thelwali's  order 
was  to  print  two  thousand ;  I  completed  the 
two  thousand  according  to  his  original  order. 
What  did  you  do  witn  them  when  you  had 
printed  them?— I  carried  a  good  many  of 
them  to  Mr.  Hardy's. 

What  did  you  do  with  the  rest  ? — People 
ctme  for  some  now  and  then. 

What  people? — Some  of  the  members  of 
the  Loudon  Corresponding  Society  came  for 
them. 

And  did  you  deliver  them  as  they  came  for 
them? — ^Yes,  some  asked  for  a  doien,  or  half 
a  dozen  or  so,  and  I  delivered  them. 

Did  YOU  print  any  more  than  the  two  thou- 
•ud  which  Mr.  Thelwall  originally  onleiad? 


411] 


far  High  Tremon. 


A.  D.  17», 


[442 


^To  die  best  of  my  recollection  I  printed 
5ix  thousand  more. 

^y  whose  orders  did  you  print  them  P — ^I 
believe  Mr.  Hardy  (rave  me  orders  to  go  on 
with  them  till  I  should  be  desired  to  stop. 

Were  you  ever  desired  to  stop^  and  when  ? 
•*I  was  desired  to  stop,  I  beheve,  in  the 
month  of  March. 

Did  you  go  on  printing  them  till  the 
month  of  March? — I  did  now  and  then  occa- 
sionally as  they  were  wanted. 

How  many  thousand  might  you  print  in 
all  ?— Eight  thousand. 

Who  paid  you  for  them?—- They  are  not 
paid  for  yet. 

On  whose  credit  did  you  print  them?  did 
any  body  at  any  time  promise  to  pay  you  for 
them  ?— No. 

Had  you  any  conversation  with  Mr.  Hardy 
about  being  paid  for  them  ?— No,  I  had  not, 
DO  farther  than  I  put  them  down  to  the  cre- 
dit of  the  society^ 

Who  desired  you  to  do  that  ?— He  did  not 
desire  me ;  but  he,  as  treasurer,  was  to  receive 
the  money,  and  see  the  debts  of  the  society 
paid« 

Who  was?— Mr.  Hardy. 

Did  you  make  the  society  debtor  for  them? 
-Yes,  I  did. 

Have  you  printed  upon  other  occasions  for 
the  society  ?  —I  have. 

Who  paid  you? — Mr.  Hardy. 

[It  was  read.] 
"  AT  A  GENERAL  MEETING 

*'  OP  THE 

«  LOSDOS  COHRESPONDISO  SOCIETY, 

**  Held  at  the  Globe  Taverv,  Strand, 

"  On  MONDA  Ythe  «0/A  Bay  of  J  A  NUAR  Y, 
«'  1794. 

-CrnZEN    JOHN    MARTIN,    m   tuf. 
CHAIR. 

^  The  following  Address  to  the  People  of 
Great  lirUain  and  Ireland,  was  read 
and  agreed  to. 

**  CmzESs;— We  fmd  the  nation  involved 
io  a  war,  by  which,  in  the  course  of  ON  E 
Campaign,  immense  numbers  of  our  coun- 
trymen have  been  hlaiighlorwl ;  a  vast  ex- 
pense has  been  incuirnl,  our  Trade,  Com- 
mcrrc  and  Manufactories,  arc  ahnnst  de- 
stroyed, and  many  of  our  Manufactiircrs  and 
Artists  are  ruined,  and  their  families  starvin<». 

•*  To  add  to  our  ufliiction,  we  have  reawn 
to  expect,  that  other  taxes  will  soon  be  added 
to  the  intolerable  load  of  im|>offls  and  impo- 
sitions with  which  we  are  already  over- 
whelmed ;  io\  the  purpose  of  defraying  the 
expenses  which  have  been  incurred,  in  a 
fruitless  cnr^r,  to  re-esUblish  the  odious 
despotism  of  France. 

**  When  we  contemplate  the  principles  of 


this  war,  we  confess  ourselves  to  be  unable  to 
approve  of  it,  as  a  measure,  either  of  justice 
or  discretion; — and  if  we  are  to  Ibrm  our  cal- 
culation of  the  result,  from  what  has  already 
passed,  we  can  only  look  forward  to  defeat 
and  the  eternal  diserace  of  the  British  name. 
^  While  we  are  tnus  en^ged  in  an  expen- 
sive and  ruinous  and  foreign  war ;  our  state 
at  tiome  is  not  lest  deplorable. 

«  We  are  every  day  told,  by  those  persons 
who  are  interested  in  suppcHtine  the  Corrup- 
tion  List,  and  an  innumerable  l£)st  of  iSinefiire 
Placemen,  that  the  Constitutioii  of  England, 
is  the  perfection  of  human  wisdom;  that  out 
Uws  (we  should  rather  say,  Their  laws)  are 
the  perfection  of  justice;  and  that  their  Ad- 
ministration of  those  laws  is  so  impartial  and 
BO  ready,  as  to  afiford  an  equal  remedy,  both 
to  the  rich  and  to  the  poor;  by  means  of 
which,  we  are  said  to  be  placed  in  a  state  of 
absolute  freedom,  and  that  our  Rights  and 
Liberties  are  so  well  secured  to  us  as  to  ren- 
der all  invasion  of  them  impoMible. 

"  When  we  ask,  how  we  enjoy  these  trans- 
cendant  privileges ;  we  are  referred  to 
MAGNA  CHARTA,  and  the  BILL  of 
RIGHTS;  and  the  glorious  REVOLUTION 
in  the  year  16B8,  is  held  out  to  us,  as  the 
bulwark  of  British  liberty. 

"Citizens;— We  have  referred  to  Magna 
Ckarta,  to  the  Bill  of  Rightt,  and  to  the  Re- 
volution,  and  we  certainly  do  find  that  our 
ancestors  did  establish  wise  and  wholesome 
laws:  but  we  as  certainly  .find,  that,  of  the 
venerable  Constitution  of  our  ancestors,  hardly 
a  vestige  remains. 

«  The  only  Chapters  of  the  Great  Charter, 
which  arc  now  in  legal  existence,  are  the 
14th  and  99th. 

"1'he  important  provision  of  the  14th 
Chapter,  runs  thus: 

"  *  A  Freeman  shall  not  be  amerced  for  a 
small  fault,  but  aQer  the  manner  of  the  fault ; 
and  for  a  great  fault  after  the  greatness 
thereof,  saving  to  him  his  contenement ;  and 
a  Merchant  likewisye,  saving  to  him  his  mer- 
chandize ;  and  any  other's  villain  tlian  ours 
shall  be  likewise  amerced,  saving  to  him  his 
wainage ;  And  none  of  the  said  amerciaments 
shall  be  assessed,  hut  by  the  oath  of  honest 
and  lawful  men  of  the  Vicinage.' 

**  But  by  the  usurped  power  of  the  judges, 
in  assewin^  Fines  (and  what  Fines  J  !;  in  the 
cases  of  Misdemeanor;  this  glorious  Right 
of  the  Sul»iert,  of  having  these  fines  assessed 
by  the  Jury  (the  only  possible  protection 
from  slavery  and  the  vilest  oppression),  is 
unjustly  and  infamously  ravi^hea  from  us. 

*•  The  provision  of  the  89th  chapter,  runs 
thus: 

*"  No  Freeman  sliall  be  taken  or  impri- 
soned, or  be  disseised  of  his  freehold,  or  li- 
berties, or  free  customs,  or  be  outlawed,  or 
exiled,  or  any  otherwise  destroyed,  nor  we 
will  not  pass  upon  him,  nor  condemn  him, 
hut  by  the  lawful  judgment  of  his  peers^  or 
by  the  law  of  the  land.    Wt  iviW  v\\  \a  v^^ 


443] 


35  GEORGE  lU. 


Trial  ofThomat  Hardy 


[444 


•Hi  we  will  aot  deoy,  or  defer  to  any  mao, 
I  cither  justice  or  righi/ 
I     "The  various  methods  now  in  constant 
I  inractlce  by  which  the  benefits  of  this  provi- 
Eaion  are  totally  defeated  and  destioyed,  raight 
[indijce    us  to   suppose,    that    the  GREAT 
[CliAHTER  has  lieen  repealed ;  if  we  did  not 
•ssuredW  know,  that  it  is  the  fundamental 
1>asi5  of  our   constitution;    which  even  the 
E£AL  representatives  of  the  people  (much 
Jess  the  miserable  nominees  of  HELSTONE 
and  OLD  SARUM)  have  not  tlie  right,  nor 
(as  we  trust  it  will  be  found  by  experience) 
the  POWER  to  repeal    Yet  what  do  we  find 
in  practice  ?    Unconstitutioual  and  illegal  IN- 
FORMATIONS EX  OFFICIO,  tlial  is,  the 
arbitrary  will  of  the  king's  Attorney  General, 
usurping  the  office  of  Uie  ACCUSING  Jury; 
and  the  interested  oath  of  a  vile  common 
informer,  with  thejudgnaeul  of  as  viie  a  com- 
mon trading  or  pensioned  justice,  substituted 
in  the  room  of  our  birthright,  an  impartial 
trial  hv  our  couniry* 

Add  to  this,  that  the  exorbitant  expense  of 
judicial  proceedings,  the  novel  practice  of 
arbitrarily  and  repeatedly  annulling  the  ver- 
dicts of  Juries,  and  the  dilatory  practice  of 
the  WMirls,  most  openly  and  shamefully  con- 
tradict the  clause  which  forbids  the  denial, 
the  delay^  and  the  sale  of  justice, 

**  A  man  accused  of  Felony  (for  which  by 
the  common  law  of  England,  his  hfe  and 
goods  are  forfeited)  may  be  bailed  on  finding 
two  sureties  for  forty  pounds  each ;  but  upon 
a  charge  of  MISDEMEANOUR  by  o^rA 
only,  bail  to  the  amount  of  ONE  THOU- 
SAND POUNDS  has  been  demanded, 

"  Upon  conviction  also,  for  such  misde* 
meanour,  enormous  fines,  long  and  cruel  im- 
prison men  Is  unknown  to  our  ancient  laws, 
and  unsanctioned  by  any  new  statutes,  have 
of  late  (and  but  of  late)  been  too  frequently 
and  too  oppressiveiv  inflicted.  And  all  this, 
although  by  Ihii  bill  of  rights  it  is  declared, 
that  *  excessive  bail  shall  not  be  demanded, 

*  nor   cruel    and   unusual   punishments  in- 

*  tiicled/ 

**  If  we  look  to  IRELAND  we  find  that  ac- 
knowledged privilege  of  the  people,  to  meet 
for  the  sui>port  and  protection  ol  their  rights 
and  liberties,  is  attempted,  by  terror,  to  be 
taken  away  by  a  late  ini'amous  act  of  parlia- 
tnent;  Whilst  titles  of  honour!  No, hut  of 
dbhonour,  are  lavished ;  and  new  sources  of 
corruption  opened^  to  gratify  the  greedy  pros- 
titution of  those,  who  are  the  instruments  of 
this  oppression. 

<*In  SCOTLAND,  the  Wicked  Hand  of 
Power  has  been  impudently  exerted,  without 
even  the  wretched  formafity  of  an  act  of 
ParUaracnl,  Ma^isltiiles  have  forcibly  intruded 
into   the  peacetul  and  lawful    ^     ^  of 

rre^men;   and,  by  force  (not  i>ut 

law,  but  against  law),  have,  uinki  ^^ummh  of 
magislerial  office,  intenuptcd  their  dclibcm- 
t)ons,and  |>rcventcd  their  association. 

''*n)c  wiadoin  and  good  conduct  of  the 


BRrnSIl  CONVENTION  at  EdinburgU 
has  been  such,  as  to  defy  their  bitterest  ene* 
mies  to  name  the    law    which    they  have 

broken ;  notwithstanding  which,  their  pap 
have  been  seized,  and  made  use  of  as  evida^ 
against  them,  and  many  virtuoas  and  meri^ 
rious  individuals,  have  been,  as  cruelly  as 
unjustly  for  their  virtuous  actions  disgraced 
and  destroyed  by  infamous  and  illegS  sen- 
tences of  transportation.  And  these  unju 
and  wicked  judgments  have  been  ciecut( 

with  a  rancour  and  malignity,  never  befl 

known  in  this  land  ;  our  resnectable  and  he* 
loved  Fellow-citizens  have  been  cast  fzu 
TEBED  into  Dungeons  amongst  felons  in  the 
Hulks,  to  which  lliey  were  not  sentenced, 

"  Citizens  ; — We  all  approve  the   senti- 
ments, and  are  daily  repeatmg  the  wordd,  for 
which  these  our  respectable  and  valuable  bre« 
thren  are  tlius  uujustl^y  and  inhumanly  sui^ 
fering,    Wc  too,  associate  in  order  to  obtaiil 
a  fair,  free,  and  full  representation  of  the  pep* 
pie  iu  a  house  of  real  nattooal  representatives. 
Are  we  also  willing  to  be  treated  as  Felon i^ 
for  claiming  litis  our  inherent  right,  which  we 
are  detcrmmed  never  to  forego  out  with  oui 
hves,  and  which  none  but  thieves  and  traitors 
can  wish  to  withhuld  from  us  ?    Consider,  it 
is  one  and  the  same  corrupt  and  corrupting 
induencc  which  at  this  time  domineers  in 
Ireland,  Scotland,  and  Enzland.    Can  you  be- 
lieve  that  those  who  send  virtuous  Irishmen^ 
and  Scotchmen  fettered  with  felons  to  Botany 
Bay,  do  nut  meditate  and  will  not  attempt  to 
seize  ftie  first  moment  to  send  us  after  them  ? 
Or,  if  we  had  not  just  cause  to  apprehend  the 
same  inhuman  treatment ;  if  instead  of  tha 
most  imminent  danger,  we  were  in  perfect 
safely  from  it;  should  we  not  disdain  to  enjoy 
any  liberty  or  privilege  whatever,  in  which 
our  honest  Irish  and  Scotch  brethren  did  not 
eaually    and    as  fully    participate  with  us^ 
Tneir  cause  then  and  ours  is  the  &aroe.    And 
it  is  both  our  dulv  and  our  interest  to  stand  or 
fall  together.    Toe  Irish  parliament  and  the 
Scotch  judges,  actuated  by  the  same  English 
induence,    have  brought'  us   directly  to  the 
point.    There  is  no  farther  step  beyond  that 
which  they  have    taken.    Wc  are  at  issu 
We  must  DOW  choose  at  once  cither  liberty  I 
slavery  for  ourselves  and  our  posterity,     WJ 
you  wiitlill  BARRACKS  are  erected  in  c%^c 
vill^c,  and  till  tnhtidiicd  Hessians  and  T' 
verians  are  upon  usf 

*'  Vou  may  ask  perhaps,  by  what 
shall  we  seek  redress  f 

"  We  answer,  that  men  in  a  slate  of  civ^_ 
lized  society  are  bound  to  seek  rcdrtra*  of   " 
grievances  from  ihe  law§*  iw  long  a»aoy  i 
drcs'^.  ■■     .  '  ■     ■:■;'.      '  V     ;;-•    ^  ■  "^    ' 

cum:. 
a  lavv 
(rccft 


Qpprcssoi? 


far  High  Treaton, 

"  THERE  IS  NO  REDRESS  FOR  A  NA- 
TION CIRCUMSTANCED  AS  WE  ARE, 
Bl^T  IN  A  FAIR,  FREE,  AND  FULL  RE- 
PRESENTATION OF  THE  PEOPLE. 


**  RESOLVED,  that  during  the  ensuing 
icssion  of  parliaQicnt,  the  gefleral  committee 
of  this  society  do  meet  daily,  for  the  purpose 
of  watching  Ihe  proceedings  of  Ihe  paniament 
and  of  the  administraUon  ot  tlie  eo^^erament  of 
this  country.  And  that  upon  the  first  intro- 
duction of  any  bill,  or  motion  inimical  to  the 
liberties  of  the  people,  such  as,  for  LAND- 
ING FORECON  TROOPS  IN  GREAT-BRI- 
TAIN or  IRELAND,  for  suspending  the 
HABEAS  CORPUS  ACT,  for  proclaiming 
MARTIAL  LAW»  OR  FOR  PREVENTING 
THE  PEOPLE  FRt>M  MEETING  IN  SO- 
CIETIES fur  CONSTITUTIONAL  INFOR- 
MATION, or  any  OTHER  INNOVATION 
of  a  similar  nature,  that,  on  any  of  these 
emergencies,  the  general  committee  shall  is- 
•ue  summonses  to  the  delegates  of  each  divi- 
sion, and  also  to  the  secretaries  of  the  different 
societies  affiliated  and  corresponding  with 
Ihis  society,  forthwith  to  call  a  GENERAL 
CX)NVENTION  of  the  PEOPLE,  lobe  held  at 
such  place  and  in  such  a  manner  as  shall  be 
specjticd  in  the  summons,  for  the  purpose  of 
taking  such  measures  into  their  consideration. 

**  Resolved,  that  the  nreccdinEj  Address  and 
Resolution  be  signed  l>y  the  chairman,  and 
printed  and  publiflied. 

«  J.  MARTIN,  niAtRMAN* 
«  T.  HARDY,  sEcasTARy/' 

"  Committee  Uoom^  January  «3, 1794. 
Resolved  UNANiMotistv; — That  a  bun- 
tired  thousand  copies  of  the  address  to  the 
people  of  Great  Britain  and  Ireland,  voted  at 
the  general  meeting,  be  printed  and  distribut- 
ed by  the  society. 

"  Raohcd  Unanimously^  Thai  the  follow- 
ing toasts,  drank  at  the' anniversary  dinner 
oflhe  society,  be  printctl  at  the  end  of  the  ad- 
dress* 

"  I.  THE  RIGHTS  OF  MAN;  and  may 
Britons  never  want  spirit  to  assert  them. 

**  IL  The  Brititit  Contention^  lately  held  at 
Sdinburgh;  and  success  to  the  important  ob- 
ject it  had  in  view* 

'•  HI.  Citizen  William  Skirvin^^  charged 
bv  the  sentence  of  the  court  of  justiciary,  with 
the  honcmr  of  being  the  cause  of  calling  that 
convention. 

**  IV,  The  Lond<m  Corretponding  Societi/^ 
and  other  patriotic  Societies  of  Great  Britain 
and  Ireland. 

**  V^  Citixtn  Maurice  Margaret^  the  con- 
demned  delegate  of  this  society;  and  may  his 
manfy  and  patriotic  conduct  be  rewarded  by 
the  attachment  of  the  people. 

«*  Cititcn  Gerrald  tlien  arose,  and  in  a 
stream  of  inspiring  eloquence,  pronounced  the 
just  eulogium  of  tfiis  truly  valuable  citizen,  so 
emphatically  called  bv  Litiztn  AUckewn  (one 
of  the  witnesses  on  fas  Uial)  the  SECOND 


^ 


L 


D.  179t. 

SIDNEY.*  He  concluded  with  wishing  we 
might  rather  die  the  latt  of  British  Freemen 
tJian  lire  ihc  Jtrsl  of  stares, 

**  VI.  Citizen  Joicph  Gerrald,  tlie  other  De- 
legate of  tliis  Society,  now  under  prosecution; 
and  may  his  concluding  sentiment  be  en* 
graved  upon  every  British  heart. 

*•  VIL  The  transactions  at  Touhn,    M; 
Britons  remember  them  as  they  ought, 
profit  by  dear  bought  experience, 

'*  VIIL  Citizen   Hamilton  Rowan^  and 
other  true  patriots  of  Ireland  t  and  may 
authors  of  the  CanTention-Oilt  hnd  that  they 
have  committed  a  tmll. 

**  IX.  Citisenn    Muir,  and    Palmer — Ma^ 
their  sentence  he  speedily  reversed,  and 
tany-bay  be  peopled  with  a  colony  of  real  c: 
minals, 

"  X.  Sttccess  to  the  armsof  Freerfwn  agai: 
whomsoever  directed;  and  confusion  to  «/< 
pots  with  whomsoever  alliefL 

"  XL  All  that  \%  goodm  every  constituttDn  f\ 
and  may  we  never  be  superstitious  enough  " 
reverence  in  any  tliat  which  is  good  for  i 
thing, 

«  XIL  CUiun  Thomas  Pome— May  hh  vi 
tue  rise  superior  to  calumny  and  suspicioi 
and  his  name  still  be  dear  to  Britons. 

*^  XIIL  l^rd  Lough  boron  ghf   the  Earl 
AfoiVff,  Sir  Gilbert  Elliot,  and  the  other  apo! 
tates  from  liberty:  and  mav  they  enjoy  tl 
profits  of  their  apostacy  so  tong  as  they  live. 

"  XIV^.  A  speedy  and  honourabfe  peai 
with  the  brate  Republic  of  France, 

u  XV.  The  starving  manufacturers  and  net 
lecied  peasantry  of  Great  Brilain  and  Ireland? 

**  XVL  Citizen  John  Frost ;  and  a  speedy  r^ 
storation  of  tliat  healtli  which  he  lost  in  the 
dungeons  of  Newgate, 

**  XVIL  The  virtuous  and  spirited  Citisem, 
now  in  confmemeni  for  matters  of  opinLfn  : 
and  may  we  show  them  by  our  conduct^  that 
they  are  not  forgotten." 

Mr,  Garrow  to  Davidson, -^Y on  said  vou 
were  a  member  of  the  Loudon  €*orr€Spon  Jin^ 
Society;  do  you  know  John  Martin?— Not 
much.  I  have  only  spoke  to  him  two  or  three 
times. 

Wlicrc  did  you  see  him : — I  saw  him  once 
in  his  own  house. 

Was  he  a  memher  of  the  London  Corres- 
ponding Society  ? — I  am  not  sure  of  thai^I 
cannot  prove  that. 

Did  you  ever  see  him  at  any  of  the  mee^ 
ings  of  that  society? — Yes;  I  have. 

Was  he  there  at  the  meeting  that  you  hsive 
now  been  speaking  of  at  the  Globe  tavern  f — 
I  saw  him  there. 

That  you  have  told  us  was  a  meeting  of 
that  society  ?— Yes. 

Was  Martin  then  a  member  of  that  Society? 
— I  cannot  say  whether  he  was  a  member  or 
not. 

Did  any  body  attend  that  were  not  membt  r? 

^  Soe  Vol.  «3,  p.  653. 


447J 


35  G£ORG£  111. 


Trial  of  Thofuas  Ilardi/ 


[•14a 


at  the  meetings  of  the  society  ?— I  do  not 

kDOW. 

Upon  your  oath  did  you  ever  know  any  per- 
sons attend  the  meetings  of  the  society  that 
were  not  members  ot  the  society  ?-!-There 
might  be  many  tliat  were  not. 

Upon  your  oath  did  you  ever  know  any 
body  attend  them  but  the  members  ?  Was 
the  business  that  you  were  with  Mr.  Martin 
upon,  at  his  house,  relative  to  the  London 
Corresponding  Society  ? — It  was. 

What  was  Us  nature?^ Relative  to  the  lat^ 
ter  pact  of  Uie  toasts  and  sentiments  printed 
at  the  back  of  that  paper. 

What  (lassed  between  you  and  Mr.  Martin 
respecting  the  latter  part  of  the  paper  ?— I 
tola  him  that  I  thought  there  were  some  hard 
wocds  in  some  of  the  resolutions  and  toasts, 
lie  said,  No;  it  was  all  constitutional,  and 
there  was  no  danger  could  arise  from  it. 

Was  that  between  the  18th  and  20th,  or 
af\erthe  meeting?— It  was  the  Slst,  I  be- 
lieve, which  happened  on  Tuesday. 

The  day  after  the  meeting  ?— It  was  either 
the  21st  or  the  SSnd. 

I  do  not  know  whether  you  printed  this? — 

[Showing  the  witness  a  printed  paper.] 

No ;  I  never  saw  it. 

One  of  the  Jury. — ^You  have  not  told  us  yet 
whetlier  you  knew  that  there  was  any  one  in- 
dividual who  attended  thube  meetings  t[iat 
was  not  a  member  ?r— There  mizht  be. 

Jurym/in.~ You  have  positively  said  to  the 
contrary ;  endeavour  to  recollect  if  there  were 
not. 

Lord  Chief  Justice  Ej/re. — Do  they  never 
admit  visitors  ?— Yes ;  tliey  do. 

Lord  Chief  Justice  Eyre. — ^There  are  visi- 
tors spoken  of? — ^Thcre  were  tickets,  I  under- 
stand, to  be  given  at  the  bar  to  any  body  that 
chose  to  call  lur  them,  or  pay  for  them. 

Mr.  G arrow. — ^Tliat  applies  to  the  dinner  at 
the  Globe?— Yes. 

In  the  divisiuii  meeting  could  any  person 
who  chose  to  ubk  for  a  ticket,  without  being 
introduced  by  a  member  as  a  visitor,  obtain 
it?— No. 

The  Rev.  Hie  hard  Wifliams  sworn. — Examin- 
ed by  Mr.  G arrow. 

Do  you  know  Mr.  fhclwall  ? — Yes. 

Are  vou  acquainted  with  his  manner  of 
writin'^) — Yes. 

Look  at  thus  and  tell  me  whether  you  be- 
lieve thi^  to  be  his  hand -writing  [showing  a 
letter  to  tiie  witness] — I  l)elieve  the  signa- 
ture to  be  his. 

Mr.  Gnrnw — My  lords,  I  will  stale  the 
S'rounds  on  which  uc  olFcr  litis  letter  as  evi- 
dence ug-.iinst  the  |Tisonrr.  We  have  already 
given  evidence  tu  prove  that  Mr.  Thel wall  was 
not  only  a  member  of  the  London  Corres- 
ponding Society,  but  that  in  the  publication 
of  the  re:^olu Lions  passeil  at  the  anniversary 
meeting,  and  their  toasts,  he  acted  as  the 
ugent  oMhc  society.    I  now  propose  to  read 


a  letter  of  Mr.  Thelwall's,  as  a  farther  aclc** 
that  a<;ency.  The  letter  purports  to  haveoafrK* 
tainea  >cveral  of  these  addresses ;  it  purporta^ 
and  it  will  appear  likewise  by  tlie  proof,  to 
have  contained  several  seditious songs,$tated  to 
have  been  composed  and  sung  by  Mr.  Thtl- 
wall  at  that  meeting,  which  vre  ikWegfi  to  be. 
another,  perhaps  a  subordinate  and  inferior 
branch  ot  tliat  conspiracy  which  was  to  bring 
all  the  constituent  authorities  in  the  coualiy 
into  contempt,  so  as  to  mature  the  public  raind 
-for  that  great  cliange  which  we  slate  to  have 
been  the  ultimate  object  of  the  society.  We 
submit  to  your  lordships,  that  any  act  of  Mr. 
Thelwall's,  so  in  furtherance  of  this  conspira- 
cv,  is  evidence  against  the  defendant.  It 
also  gives  an  account  of  the  state  of  the  other 
affiliated  societies  in  different  parts  of  the' 
workl.  I  cannot  state  it  better  than  in  the 
language  of  the  letter : — "  London  is  not  the 
only  pwce  that  is  alive  :  Scotland  is  lull  of 
liberty  boys."  SheAicld  and  many  other 
towns  arc  mentioned  as  being  in  a  state  of 
expectation  for  that  great  cal:istrophe  which 
they  all  looked  to  about  this  perioa. 

Mr.  jErs^i/ie— Mr.  Thel  wall  appears  to  have 
been  an  ajgent  for  the  publication  of  this  ad* 
dress,  which  turns  out  to  be  an  act  of  the 
society,  and  to  have  ended  in  a  dinner  a% 
which  these  toasts  were  drank.    Rut  the  dif- 
ficulty witli  me  is  this :  if  they  could  show 
that  songs  were  actually  sung  ut  this  me^Uiifl^ 
which  sones  were  indecent,  or  tliat  they,  Vk 
your  lordship's  mind,  or  the  opinion  oi  the 
jury,  bear  at  all  upon  this  case,  I  should  not 
object  in  the  smallest  degree  to  these  songs 
bemg  read  ;   but  I  very  much  doubt  whether 
any  account  by  Mr.  Thel  wall  of  these  songs 
i  having  been  sung,  can  be  evidence  against 
I  Mr.  Ilardy.   Wliat  an  agent  docs  is  one  thing, 
,  what  an  agent  says  has  been  done  is  quite 
j  another  thing  ;     nor  will  the    construction 
I  which  Mr.  Tiiclwall  may  put  upon  these  be 

at  all  evidence  against  Mr.  Ilardy. 

'      Mr.  Thelwall  may,  notwithbt?.udinc  he  acts 

i  for  these  socielice,  liiive  some  view  of  his  own  ;, 

•  not  that  I  impute  any  such  to  him,  because  I 

I  am  of  counsel  tor  him  in  tlic  indictment  that 

!  will  be  afterwards  tried  against  him ;   but  A, 

!  R,  C,  D,  E,  F,— all  the  letters  of  the  alphabet 

I  may  meet  for  objects  which    they  may  all 

I  league  in  and  be  connected  togctlvcr,  and  if 

.  criminal,  all  criminal.    Rut  a  declaration  ot 

;  one  man,  supposing  he  drives  at  any  particular 

I  object,  and  he  makes  use  of  any  particular 

:  language  to  express  his  mind  with  regard  to 

I  that  object,  cannot,  I  humbly  submit,  be  evi* 

i  dence  against  tlie  nrisoner.    As  far  forth  moil 

!  undoubtedly  as  all  the  acts  of  the  soeiety  are 

given  in  evidence,  as  far  forth  as  any  thing. 

has  been  said  in  the  presence  of  Mr.  H«fil||^ 

at  meetings  he  attended,  all  these  art  eta* 

dence  against  him,  and  bo  it  eveiy.  1'  * 

Mr.  Thelwall  doea  in  tbia  i  ~^ 

for  Mr.  Ganow  haa-.m*  *-^ 

betheiuuTenal^ 

haappmib 


Mr,  Gihhs. — We  caji  have  no  anxiety  to 
re?ii^l  ihe  evidence  tli:it  is  ni>w  offered,  except 
that  if  it  be  received  we  know  not  where  il 
may  end.  The  qiteslioii  which  your  lord- 
ships and  the  jury  are  now  to  lrv»  i**,  whether 
Mr-  Hardy  hd«»  cumpas^ed  the  king*s  death, 
and  whctlier  lie  ha**  done  any  of  Ihe  act** 
charged  in  the  iiKhctmeiiL  a^  overt  act»  in  the 
pro^ttntion  of  that  di-si-^n.  I'he  evidence 
c»ftered  novr  to  your  lortUliips  to  prove  this, 
M,  that  Mr>  Tltrlwall,  who  is  c:iiar'j;td  in  the 
indictmeni  lt>  havc^  [rartakt'n  in  the  same  coiv 
spiracles  that  arc  alleged  again>t  Mr.  Hurdy^ 
that  Mr.Thelwall,  not  by  any  LommunicalioD 
^•ith  Mr*  liardy,  not  in  consequence  of  any 
preconceived  scheme  between  hini  and  Mr. 
il»nly»  did  write  lliia  letter. 

Now  with  resjiect  to  any  thing  that  passed 
Bl  the  naeeling  at  which  Mr.  Hardy  was,  with 
respect  to  any  thin^  that  was  done  by  any 
other  person  ilireeletl  and  in^lniclcd  by  Mr» 
Hardy  to  do  tliat  tiling,  we  adinit  that  tho^c 
things  which  pa&sed  at  the  society  in  Mr. 
Hardy's  presence,  and  iliat  any  ihin*  which 
vaa  done  by  another  person,  by  the  JirecUon 
of  Mr.  Hardy,  could  be  evidence  against 
Hardy ;  but  to  what  point  in  the  indictment 
the  letter  written  by  Mr.  ThcKvail,  of  which  it 
is  not  proved  that  Mr.  Hardy  ever  had  any 
^owledge,  is  directed,  I  confess  I  cannot  see. 
The  three  questions,  arc,  first.  Whether  Mr. 
Hardy  com pa*seii  the  king^s  death;  second. 
Whether  he  commilled  any  of  the  acts  which 
are  stated  as  overt  acts ;  u«id»  third,  Whether 
he  comnntted  them  in  the  prosecution  of  a 
design  upon  the  king's  life.  I  take  it,  that  a 
letter  written  by  Thelwall,  wilhonl  the  know- 
ledge of  Hardy,  cannot  be  evidence  of  the  act 
of  itartly's  mind,  namely,  compassing  the 
Jcing*s  death  ;  therefore,  it  cannot  be  evidence 
upon  the  first  ground. 

With  respect  lo  llie  existence  of  the  acts 
that  are  laid  as  overt  act%  they  must  be  proi-ed 
©pecificaUy  upon  all  ihe  prisoners  in  tiic  in- 
cliclnient.  The  present  trial  la  only  of  Mr. 
Hardy.  The  present  question  is.  Whether  he  ' 
did  any  of  these  acts.  Then  the  declaration  | 
of  another  man*  whether  by  word  of  mouth 
or  by  letter,  eannoi  prove  llie  fact  upon  Mr 
Hajdy.  j 

Then,  suppose  the  acts  pro\^,  the  third 
thing  to  be  proved  is,  ttiat  the  act  wa»  done  | 
in  the  prosecution  of  a  design  npon  the  king's 
life  J  then,  nothing  that  is  said,  written,  "or  i 
clone  by  a  third  |h  rson,  without  the  authority 
of  Mr.  Hardy,  can  prove  that  Mr.  Hardy  meant  | 
to  prvNiuee  the  en'ect  which  it  is  imputed  to 
him  he 'meant  to  produce;   namely,  the  de- 
struction of  the  kine;.     Therefore  I  submit, 
tl^at  lhi»  letter  written  by  Mr.  Thelwall  does 
not  appear  to  comiuee  to  the  proof  of  either  of 
the  three  thin^^  imputed  tvy  this  indictment; 
wamply,  That  he  compassed  the  king's  death;  , 
that  he  in  point  of  fact  committed  any  of  Ihe  | 
I      actB  stated  lu  the  indictmetit  a^  overt  arts  of  | 

that  design;    or  Supposing  that  he  commillct! 
L     tliem,  thai  ajiy  of  these  acts  were  directed  to  I 
I         VOL.  XJtIV,  I 


the  icsi^  of  compa^^-in^  the  kiug^s  death.  I 
submit,  that  upon  neither  of  these  grounds  it 
lhi»>  letter  admissible  against  Mr  Hardy,  ai 
lhereN»re  ought  not  to  be  received  in  evidcno 
1  wish  to  re|>e3t,  that  it  is  not  from  an^ 
anxiety  we  feel  with  restpect  lo  this  leii(?r,  buj 
because   we  wiMh  that  a  rule  should  not  be 


establisJicd  in  a  case  upon  perhaps  iudiflercnt 
for  others  that  may  ope- 
rate materially  in  the  ea^tse. 


}toini5,as  a  precedent  t 


Ixird  Chief  Baron  Mncdmiald. — ^To  whom  ii 
the  letter  ad dresfied  ? 

Mr.  Garrow, — To  a  person  of  the  name  of 
Vellnm. 

It  certainly  i»  not  in  mv  power  to  judge  of, 
the  anxiety  of  my  leametl  friends  about  th 
consequences  of  producing  this  letter,  excep 
as  that  anxiety  inducers  tlTem  to  obj«ct  to  i 
bem^  read.     It  appears,  that  they  are  apprel 
hensive  of  the  eiiect  and  tendency  ot  thi^ 
letter,  because  they  have  inade  all  \\\c  obscP 
vations  tiiat  occurred  to  them  on  the  eff 
and  tendent  y  of  this  letter ;    and  I  am  suK 
they  will  do  me  the  justice  to  believe,  that  tl 
mean  no  offence  to  them  when  I  say  I  cannotl 
discern  any  thing  that  is  not  justly,  to  be  des-^ 
cribcd  to  be  argument  upon  the  etTiect  and 
tendency  o\  the  letter,  which  is  arpumont  to 
be  addressed  to  the  jury.     We  conceive  it  ii 
fit  to  be  received  in  evidence^  in  ortler  lo  con- 
vince the  jury  that  this  was  done  as  a  part  of 
the  agency  of  Thehvall.     But  if  we  are  nol 
able  to  make  it  out  in  that  way,  wc  insist  thai 
the  publishing  by  a  larger  circle  tliat  which 
was  ordered  to  be  printed  for  general  publica- 
tion, is  clear  evidence,  being  m  furlher;uice  of 
the  general  conspiracy. 

M^y  friends  seem  to  suppo«e  thai  they  catt 
hmlt  the  acts  of  those  who  are  not  at  present  at 
the  bar,  for  consideration  to  things  done  either 
by  themselves  or  their  express  order.  Wt 
are  very  much  mistaken  if  that  be  the  rule  of 
law.  We  humbly  apprehend,  that  without 
previous  conceit  as  to  the  particular  fact  done 
by  A.  A.  riot  beki»  then  upon  \m  trio  I,  if  B* 
should  have  done  the  act,  having  been  proved 
before  to  be  a  party  to  the  general  couhpiracy^ 
lo  be  carried  into  ctfcct  by  divers  means  and 
various  instruments,  that  it  is  fit  to  receive 
evidence  of  the  acts  of  all  the  parlies  lo  tlial 
conspiracy,  in  furtherance  of  that  general 
design  ;  for  instance,  it  is  not  required  that, 
in  order  to  give  evidence,  that  a  conspirator 
hired  his  horse  at  a  pariiciilar  place,  the  hiring 
of  which  would  tonnett  him  with  the  general 
conspiracy,  the  ground  having  been  nrade,  it 
is  not  necessary  to  sliow  that  he,  to  thft 
person  then  trying,  had  communicated  thai 
he  meant  logo  there  to  hire  a  horse;  butlh 
fact  of  his  having  done  it  is  an  accession 
the  general  purpo-^es  of  the  conspiracy.  Al! 
the  act<i  of  these  persons,  limiting  it  lo  th#| 
objects  of  the  conspiracy,  not  extending 
to  crimes  of  another  dye  or  charat  1«  r,  but  iij 
furtheraiKe  of  ihe  general  de*is^ot  the  gran 
conspiracy,  we  insist,  coming  from  whom  thc^l 
roav^  whether  it  be  liie  party  upgu    trtal^ 

2  G 


vhelhcr  it  be  in  consequence  of  the  orders 
given  by  him,  whether  conimutiiealcd  before 
9T  ifler,  are  evideoce  receivable,  subject  un- 
tJoubtedly  to  the  observation*  to  be  made 
tipgn  their  greater  or  lesser  effect. 

Lord  Cliicf  Jusitice  Eyre.^-^l  confess  I  have 
great  doubt  mvself  whether  this  evidence 
ought  to  be  admitted.  I  agree,  that  where 
wjvcral  persons  are  proved  to  be  engaged  la 
one  general  conspiracy,  that  all  the  transac- 
Uonsot  thai  coDi^piracy  by  the  difFcrent  par- 
tits,  may  and  ouvnt  to  be  given  in  evidence  * 
juid  i%  is  tnough  if  the  parly  accused  at  this 
time  can  be  provett  to  be  privy  to  that  general 
canspiracy ;  for  if  that  is  proved,  every  thing 
tliat  IS  done  by  the  difi'erent  parties  concerneil 
in  it,  must  be  also  imputed  to  him  as  »  nart 
of  the  transaction  of  that  conspiracy.  If  I 
understand  this  letter,  it  h  nothing  more  than 
Mr.  Thelwall*s  account  to  a  private  friend,  of 
&  part  which  he  had  taken  respecting  this 
paper,  and  of  his  having  compose<l  fiongs. 
Aa6  I  remember  another  passage  in  it,  which 
b  very  material  as  against  Thelwall,  but,  in 
my  mind,  should  be  reserved  til]  it  comes  to 
tVic  lime  when  ThelwaJTs  owa  declarations 
come  to  he  pro(>er  evidence. 

I  doubl  wheiiicr  we  ought  to  consider  this 
jprivate  letter  as  any  thing  more  than  Mr 
Xhelwairs  declaration ;  and  Thel wallas  decla- 
ration ought  nut  tu  be  evidence  of  any  thing 
which,  tfiotigli  remotely  connected  with  Uiia 
|dgt,  yet  still  does  not  amount  to  any  transac- 
tion done  in  the  courbe  of  the  plot,  for  the 
furtherance  of  the  plot^  but  is  a  mere  recital 
of  hiSp  a  sort  of  coutcssion  of  his  of  some  part 
that  he  had  taken.  It  appears  tome, that 
that  is  not  like  the  evidence  which  we  before 
admitted  of  a  fact  done  by  Mr,  Thelwall  in 
carrying  the  papers  and  delivering  them  lo  the 
printer^  which  is  a  part  of  the  transaction 
Itself*  His  account  nf  that  transaction  seems 
lo  me  lo  stand  if  uite  upon  a  didercnt  footine. 
It  seems  Just  the  same  as  an  act  which  shsJl 
bind  a  man,  because  he  is  connected  with 
llie  person  that  did  the  act ;  and  his  declara- 
tion, which  almll  not  bind  him,  because  it  is 
lu)  part  of  the  act. 

ftlr,  G  arrow, — He  «ays,  *•  You  will  also 
receive  enclosed  several  copies  of  Addresses 
l^ubhshed  by  the  society.^  It  is  upon  thai 
ground  I  submit  it  to  your  lordship. 

Lord  Chief  Justice  Ei/re^ — To  be  sure,  &s 
tar  a»  the  tninsniissionof  these  papers  go,  it 
dueji  stand  upon  another  footing ;  but  I  should 
hn  sorry  if  the  letter  was  to  be  read  for  so  im- 
material a  purpose,  liS  that  i^only  to  introduce 
■onicthiuz  %vtiu  It  iu  my  mind  ought  not  to  be 
cvi<!  .>e. 

•^j  **r, — I  am  strongly  inclined 

to  likkkikt  iU4t  thi^  letter  Is  evidence,  and 
OU£lit  to  hr  rf'<:*^iv*'<J,  'i'hrrf  lift?  two  tilings 
lo  be  cvjp-  '    '  ■     '  'iiii  iiorL 

Fin»tt  y  ■    next, 

VVhai    felMM.    luc    prl^^J4lC^    luOK    ID   UMt  C0«- 

#piracy. 
It  appc«tt>  to  mc^  that  when  we  te  conai- 


dcring  the  first  question,  any  thing  that 
passed  from  any  person  who  is  proved  to  be  a 
parly  in  the  conspiracy  ought  to  be  received 
as  evidence,  and  it  is  received  for  the  purpose 
of  showing  what  was  the  extent  and  natnreof 
the  conspiracy.  Now  if  the  case  stood  merely 
upon  this  gronnil,  that  Thcbvall,  one  of  lh# 
con?5piraturs,  had  said  thtir  object  was  90  and 
so,  that,  I  lake  it,  wOttW  be  evidence ;  it  has 
been  admitted,  I  conceive,  in  a  'aricty  of 
ca^irs  I liat  have  happened  upon  similar  ques- 
tions With  the  prtscnt.  In  Dammarce  and 
Purchase's  caj*s  evidence  was  received  of 
what  some  of  thr  parlies  had  done  whon  tha 
pristmer  was  not  there.  The  attorney  general 
says,  I  cal^  this  witness,  not  to  speak  m  par* 
ticular  to  the  prisoner,  but  to  shew  the  intent 
lion  of  the  mob.*  On  the  trial  of  lord  South- 
ampton something  said  by  lord  Essex,  previoot 
lo  the  prisoner's  being  there,  was  i^dmitted  as 
evidence.  In  the  caecs  that  have  happened 
in  our  own  lime,  in  lord  Ccoii  r;  i.fn*s 
case,*  evidence  of  what  different  1  ihe 

mob  had  suid,  though  he  was  iku  inrrr,  wa» 
admitted.  In  all  the  case*  at  St.  Mar^rctV 
hill,  the  same  thmg  was  adnutt*^,  and  with  a 
view  of  showing  wnal  was  the  design  then  on 
fool,  which  is  a  very  distinct  qrw  lum  Crn^% 
the  qircslion  of  whether  the  pi 
not  concerned  to  the  extent  that . 
have  been.  As  Mr.  Ganow  slates  thisli 
il  seems  to  me  lo  have  ttiat  etfett,  for  itd 
what  some  of  the  parties  at  least  intcndi. 
meetings  they  had  held,  and  what  they  _ 
posed  to  effect.  In  that  light,  therefore, 
seems  to  me  to  be  evidence.  But  l>o!ore  if 
can  affect  the  prisoner  mater ially,  it 
sary  lo  make  out  anoihe?  puint,  nani 
he  consented  to  the  extent  Uiat  tht  l  uk  r* 
did  ;  but  ^till,  while  we  arc  upon  the  quest  ion 
as  to  the  design,  it  appears  to  me  that  aoy 
thing  that  has  been  said,  slill  more  any  thing 
thai  has  been  written  by  the  conspiraters^ 
ought  to  be  received  in  evidence,  to  prora 
what  that  design  was. 

Mr.  Justice  Grtwc— I  must  confess,  1  Mk^ 
very  great  doubts  tipon  this  subject,  Tb* 
majority  of  the  ci»url  is  for  rejecting  the  cvi« 
dcncc.  '  It  docs  seem  to  me,  1  most  eor>fe^% 
at  least  very  doubtful  whether  it  oti; 
rejected;  for  it  appears  to  me,  th 
evidence  of  what  the  parties  it 
was  done  at  a  place  where  boll 
were  present,  and  both  me^IH)tF^ 
society,  and  professedly  corMrerned 
plan;  il  is  therefure  very  mat^'^'^l 
wliiit  either  of  liicm  says  rcsper^ 
fur  tlicrc  is  no  «lniiVfi  .ilumt 
piipers  are  re>} 
eNt'  fif   r»f  the   | 

Uwhichiir 
('  _   these  pa[ 

light,  I  must  confess,  wiiai  my  Uo(L«^  Ik 

*  See  tli€  Trial  of  Daniel  Dttmaiireep  ^ 
13,  p.  553, 
t  Sec  his  Iti&l  Vol.  tit  f*  4415. 


4531 


^r  ti»gk  Treason. 


L  a  n<j^* 


[am 


hutM^%  struck  me  very  rouch*  But,  en- 
he  of  thalf  from  Ihe  b«giiiiimg  Ibc  incli* 
Dci  oi  my  opiuioa  ivas-aod  is,  tEat  it  is  evi> 

Lcird  Ciiief  Baton  Macdmtald.^Jt  is  ccr* 
ttiQly  a  c^>c  that  has  a  great  deal  of  doubt 
Btleiiding  it;  but  at  the  same  time  1  can 
kiniJ y  brin»  my  own  mind  to  cottsidt^r  this  as 
£dliiig  within  Mr.  Garrow*s  own  ddioition. 
Ufliuftt  be  something  in  furtlierancc  o(  Hie 
linuiy.  I  Aptt^  that  any  act  done  by 
is,  lo  a  certain  eilenl,  imputable  to 
r ;  thiitis,  it  may  be  given  in  evidence 
'  tlie  general  conspir^f  y  in  which  he 
<ejiga£«d ;  but  an  act  done,  apgiears  to 
we  to  be  uijferent  from  the  mere  relation  of  it 
hf  another  person*  ^  mere  reJadun  of  ^vhat 
yMitd  given  by  one  in  a  orivate  letter  to 
motibicr.  ^I  liave  much  douut  whether  it  is 
i^idetice  that  ought  lo  be  feceivcd.  I  am^ 
nyseli^  tficjined  lo  reject  it. 

Mr.  Baron  Httthum, — I  4im  of  the  same 
i^ptoion  AS  my  lord  chief  justice  and  my  lord 
oikf  baroa.  I  do  not  ihiok  this  is  evidence 
Ilt6 be  recf ived.  I  do  not  think  it  is  a  part 
itf  the  transaction  of  the  plan  to  bet:arned 
into  execution.  I  consider  it  as  a  mere  relar 
tioo  of  what  has  pas^d,  which,  if  it  is  to  aiibct 
tile  prtftoner,  ought  to  be  contined  to  the  real 
ta  that  happened  at  the  time  to  which  this 
lelatiao alludes.  However,  there  is  no  evidence 
topfn>%'*'  '^^'f  ",i..r  IV  <\y\(u}  for  a  fact  in  this 
mja^  I  uer  is  to  be  impli- 


4icc   %re,— After    having 
I..  iic^f  baron  and  my  brothers 

Vpoo  It,  I  reaiiv  am  of  opinion  that  it  is  too 
fucitiofuiblc  to  be  received  as  evidence,  ex- 
cept m»on  \\\f.  gruimd  last  stated  by  IMr.  Gar* 
ftsm^  upon  which  (if  he  insists  on  It)  it  must 

>z0«— Certainly  oot. 

I  I  \  .iv^(  Justice  Eijrc. — In  the  cases  of 
DARiui  ir.  I'  awd  lord  George  Gordon,  the  cry 
•'  '  *  *^      "me  made  a  part  of  the 

ii  Ik,  therefore  I  have  no 

iu--»  »..-.L  ^..v.. .-.  i...,ki^coughttobe  received ; 
Vul  [  confers  I  have  so  great  a  doubt  upon 
^c-  u^!rTll^^^biiily  of  this  letter,  that  I  prefer 

'/or  GentraL — My  lord,  I  should 
have  nu  idea  of  pressing  this,  hut  merely 
vUh  a  View  to  similar  questions  wiuch  may 


Ml"*  ^nJkiw.— They  will  be  discussed  when 
diey  mlm. 

imd  Chief  Justioe  %f«.— Correspondence 
fCfTo^n  makes  a  part  of  the  transaction, 
lao  where  correspondence  makes  a  part  of 
iba  1n&Mct»0D,  the  correspondenrc  of  one 
i  who  is  a  party  in  a  conspiracy,  would 
'he  evidence,  correspondence  in 
;  of  tlie  plot :  a  correspondence  of 
affralo  oatur«>  ^  nicrf  relation  of  what  had 
^Itli  dooe,  appcf.i  ^  nt  thing. 

Mr*  0<irmp< — ^i  I    1  now  propose  to 

lad  A  letter  upon  tLe  puiitiple  of  ns  being  a 


corrcspondencc  between  one  of  the  per 
proved  to  have  been  a  p&rly  in  the  conspiracy^ 
and  another  person  al  a  distant  part  of  thel 
kingdom,  likewise  proved  to  be  a  party  in  thci 
consf>irdcy :  it  is  a  letter  from  Mr.  MartiOgd 
aAer  the  dinner  al  the  Cflobc  tavern,  to  Mr.l 
Mar^rot,  who  was  at  that  time  in  custody'  mn 
the  Tol booth,  at  Edmburgh,  having  been  on«i 
of  the  persons  apprehended  by  the  magisitracjfC 
at  Edinburgh,  as  a  part  of  that  Britis>h  Cou*l 
veniion  whom  the  magistracy  dispersed.  Thei 
letter  is  in  terms  calculated  to  excite  tb6| 
spirit  of  the  brethren  of  the  North:  it  like 
wise  contains  a  declaration  of  the  universall 
approbation  of  the  conduct  of  tho^e  delegati 
in  the  North,  and  it  states  other  circumstanc 
of  a  public  nature  i — the  maner  in  which  hiil 
majesty  had  met  kit  parliament,  as  it  is  stated^ 
— the  manner  in  which  his  majesty  is  stated* 
by  this  writer  to  have  been  received  by  the 
people,  and  insulted,  aad  his  life  endangcredgf 
as  this  writer  states  it,  still  goin^  on  with  a] 
view  to  excite  and  encourage  them  m  a  distann 
part  of  the  kmgdotn,  ■  by  disseminating  ihej 
same  doctrines,  which,*  ia  London,  thesoi 
people  dbtemioated.  \ 

Mr,  ^Erikine. — I  apprehend  tliat  this  letterJ 
upon  no  principle,  can  be  evidence ;  I  shall 
not  draw  the  Court  at  all  into  the  construction 
of  the  statuteof  king  Edward  the  third,  at  thistj 
moment;  the  prisoner  is  upon  liis  deliveranc 
on  the  general  issue,  and  I  shall  address  you 
lordships  and  the  jury  upon  that  subject  iii^ 
due  season:  at  present,  I  €liall  content  myselF 
with  saying  what  has  been  said  twice  to-daj 
already  ;  first  in  the  morning  by  myself,  afler 
wards  by  my  friend  who  sits  by  mc,  that  thii. 
is  an  indictment  for  compassing  and  imaginingtj 
the  death  of  the  king;  and  that  there  are 
overt-acts  stated  in  the  indictment,  which  ar 
laid  as  acts  done  in  pursuance  ot\  and  in 
compiishmenl  of— or  to  use  the  language  ( 
the  indictment,  to  fuliil  the  irailoroHs  intend 
lion,  which  is  the  charge  upon  th©  record. 

It  is  impossible  for  my  friends  to  go  tarthe,^ 
than  to  contend,  by  these  acls,  that  they^i 
involve  in  themselves,  as  they  are  pleased  tokl 
say,  a  forcible  subversion  of  the  govertimcnty 
of  the  country,  which  would  involve  in  it  as  I 
conseqiienco,  the  death  of  the  king,  and  thai 
therefore  it  is  an  overt-act,  or,  in  other  words/' 
relevant  evidence  to  prove  the  criminal  tnten^ 
tion,  which  is  the  subject  matter  of  this  in* 
dictment.     But  your  lordships  permit,    aiii|.| 
ought  to  permit,  I  allow,  any  other  acts  of  tb^I 
prisoner,    to    be    given    in   evidence,  which j 
decvpher  his  mind  to  the  jury ;  any  expression 
of  his  own,  any  thing  that  lie  has  said,  an_ 
thing  that  he  has  done,  which  points  d i recti j 
and  relevantly  to  the  purpose  of  this  indicti«J 
mewt ;  for  I  hoj>e  your  lordships  will  nevel 
cease  to  recollect,  that  the  crime  charged  upoi 
the  record,  is  the  compassing  the  death  of  thi 
king,  and  that  the  overt-act  is  the  means  Uk 
defendant  is  charged  to  have  made  u^e  of  i«l 
the  accomplishment  of  that  criminal  agd  |J»<»1 
testable  purpose. 


Then  let  us  see  Ihc  cku^er  of  allowing  the 
jctlerot  ti  man,  who  i  '  j  gcd  cveini|)ou 
tlii%  leco/d,  as  a  cojiv  ;  U  the  prisoner 
at  tlie  bar:  Mr.  ^*  i^  iiad  a  bill  I'ound 
against  hin*,  wli  se  wc  know  nothing 
of — vsc  oii\si  ri:Mi  ^-;  m  .^>  Uie  uews^^apers ;  but 
we,  who  afe  of  counsel  fi^r  ihe  prisoner,  are 
counsel  for  inm  as  having  eng-aged  m  a  cou- 
spu-dcy  wiLh  liic  ullitT  priHuUfrrs  now  in  New- 
gate, ant)  with  other  jMirbons  to  the  jurors  un- 
JvnovNn,  for  the  purpose  ofaccomplbhing  thi* 
dclcsbible  purpose  of  tle&tro)ing  the  King ; 
and  your  loraships  will  see  whal  a  prcUy 
piece  of  work  you  are  cultiug  oui  ftjr  y(mr- 
selves,  if  Ihia  e  vide  nee  he  admitt4!^(h  Any 
Uung  thai  Mr.  Martin  fjays,  or  writes,  can, 
upon  no  principle  of  cumnion  tien^ve  (to  leave 
law  out  of  ibc  q\»€?jlion),  be  txtohidered  as  evi- 
dence to  criminate  Jiny  hv:\     ;  t  as  he  is  a 

lucajbtr  of  ihc  Corre^poiii  i  y,  which, 

b^-lbe-by,  be  is  not  yi^t  pK- -  .a  i.-  ,.t    -    ■■ 

Mr,  U arrow, — Davisou  proved  that  he  was 
a  nic other. 

Mr*  Eriikifii, — We  wili  tike  Mr,  Martin, 
iiit  argument  sake,  to  be  a  nieuibcr  of  the 
Corre^iponding  Society,  I  shall  be  glad  to 
know  u)Hjn  what  principle  can  your  lorrhthips 
po  out  tif  llie  overt -acts  cbnrgcd  in  the  indict- 
inent ;  upon  what  principle  u^Mjin  earth  can 
you  go  li»  yiind  i  vkleiice  of  the  direct  conspi- 
racy rhur^t'd  upiin  the  defeiulant,  hut  Upon 
Ibis  wliofesome  ground,  which  we  do  not 
stand  here  to  contradict,  natnciy,  that  any 
thing  which  can  decypher  the  mind  of  the 
primiucr  to  tiie  jwry,  from  whence  they  can 
collect  that  he  intended  the  death  of  the  king, 
nwiy  be  evidence  a  4»iinsit  him;  then,  according 
to  tliat*  any  inemhcri  of  the  Corre?5pooding 
Society  whom  you  could  have  brought  together 
when  Mr.  Hardy  was  not  spciikm^  of  the 
king,  when  he  was  not  reviling  the  king,  or 
attempting  any  thing  that  could  lead  to  his 
ni^^'^ty'H  death,  unless^  act  ording  to  the 
argument  whit  h  we  heard  at  large,  yesterday* 
of  certiiin  con-^tqiuniros  whicli  were  to  ari^c 
iVoni  I  he  npt  esc  (I  la  lion  ol  the  people  in  par- 
lijiinent — it  would  render  that  iunurcnl  man 
at  the  bar,  as  I  have  a  right  to  My Ic  him  until 
the  Jury  have  pninutuiced  a  contrary  verdict  — 
it  %vould  make  hmi  answerable  for  every 
Miy  man  ha!»  f^^iid,  or  tliat 

,  li  ft  11  ffoin  Mr.  Harrow, 

_  of  this  letter* 

tcral,  that  Mr, 

nur,  of« 

,  upon  hig 

;  ^vUadi,  tiy-tb«5*by, 

*A  the  l«w^  for  it  \h 

Mr.   \' 


lortiTi  writes  m  some  i* 
fatten  being  thrown  nt  f 
ctitrn  fruio^i 
ijhc  style  aiui 

riiiitpcni) »  UiL,  li 
pvff%^  himsch  in  a  contein 
'ol  if     '  ^ 

lliat  i^  to 

\Y\y  l>fHly,  ii  i>  <  >i-»m  1   . 
Df  Mr.   Marlm,   uui  of  ^ 

^eommonseiiHe,  common  iu  1.4-,,,  „.„.  .^ .,. 

jui»licC|  t^vult  ^Iti^e  }^\ii}  V\  c  have  got  &ame» 


Triai  of  Thomas  Hartftf 

we  cannot  help,  b«cau<»c  Lo  a  eowt  «f  fitaliee 

we  -  talk  of  n  ;^/a/ and  &IJL  of' 

at-  but  i  tiuy,  that  all  tl  n 

lai<i  i.tj.i:r   yuor  Jordships  to-duN  r- 

day,  amouots  no  mutter  to  what,  I  ir» 

pruiujuncc  tlic  law,  it  is  the  <>  ^mv.  *  — .*u| 
anifiimt*.  to  an  assembly  of  a  great  number  of 
fjeopitt  m  ditfeicnt  parts  of  this  hIuuI  :ill  pur- 
suing one  purpose.  Your  Ion  I  recoi* 
Icct,  that  the  coUKpiraey*  if  it  died  a 
cou>piraey,  does  not  exist  in  the  mem  bora  of 
the  Corresponding  ijociely  uhine,  for  the  ac- 
comphhhmciU  ot  ihiia  purpose;  they  corres- 
ponded with  8het!itld— they  corrcspoiwlod  witk 
MancheUcr,  with  Leeds,  with  Norwich,  with 
Dumfcrmhne,  with  Edinburgh^  and  with  a 
great  number  of  other  places,  Acconiing  to 
the  doctrine  now  contended  for,  th©  declm-^ 
tion  of  every  man,  not  the  dcctaratioa  of 
wliat  hi^  olycctwiis— it  has  not  been  slotted 
that  any  of  them  said,  **  the  ohjer  t  of  all  our 
meelingii  is  to  destroy  the  king  ;'*  but  if  any 
absurd,  intemperate  man,  drunk  or  sober, 
chooses  to  utter  an  exuresiiion  contemptuous 
of  the  king,  that  is  to  l>e  evidence  in  (hv^  pher 
Mn  Hardy's  mind,  I  do  not  staij  ^*» 
prove  of  any  man's  uttering  any  co* .  >tif 
expression  of  tlie  sort ;  but  if  Mr»  M^niti  h«s 
uttered  such  an  expression,  when  Mr.  M:iitio 
i^  upon  his  trial,  the  good  sense  «f  thejfiry 
will  consider  how  far  such  kn  espraMioiifts 
that  will  weigh  as  against  hnn ;  but  I  enter 
my  solemn  protest  again !st  this  being  ^iven  m» 
evidence  to  aftect  Mr.  Uanly.  My  lords,  I 
must  needs  do  so,  when  I  heard  an  expresaton 
imputed  yesterday  in  the  opening,  by  iba 
altornev-gencral,  in  this  cause,  to  another 
persron. — Suppfise*  for  instance,  any  man  of  all 
that  society,  siiould  say  an  intern pcratf;,  %a 
absurd,  or  a  crimhial  thing :  why  now,  for 
instance,  ?nppoie  a  man  takes  llic  head  off  a 
pot  of  porter,  and  says,  I  slioukl  like  !«>  cut  off 
the  heads  oi  king^,  should  !  not  know  what 
the  content  was?  must  I  not  know  wh»t  kings 
they  were  speakmg  of,  whclhci  -  of 
those  kings  whurli  he  might  thi  lo* 
gelher  for  a  purpon:  destructive  to  in*  piiuci- 
ples  of  justice  and  humanity,  or  whether  b« 
meant  ;^i  ''  *'  't  lesid  even  lo  an 
iileaofi                                      lain.? 

But  biiyy  ' '— ^ f!  in   a 

icheme  lor  1 1  1  will 

Mippose  ii  hi  [V  tvho 

meet  in  a  stu  r) 

lor  the  purpt  -  ^  .r 

any  ibin^j  1  know,  it  tiie  pupersci  ly 

were  laid  befotw  your  lordHhip%,  !it 

Lie   f<jund  exprcssic^ns  m  them  ur 

h?fdNMp*nHi5r»t  think  intt*mperrttf  aa 

'Oa 


whuqvrr,  |f  Uie  language  ;uid  if  the  u  l 


ly 

,icr 


m 


fir  High  IVoA«o», 

'  every  indjvitliml   '  ttmt  society 

iiiil  Lk  i'lvtri  mcviij^  ._    .libt  him. 

^k  wi*ere  ihiii  h  to  slop; 

I  riglil  lo  SMty,  it  Mr.  Miifim  Is 

iioM'd  lu  lie  the  dccyp  here  rot  the 

Hnnly,    lltrn  !  rniisl  rnlcr  ilito  a 

1  nuisl 

L  Ltrr   f<jr» 

ll  tiitfi:  i^i  Jii>  ul^iCcUuii  tu  UuU,  1  lave  Ukcn 
Ute  fiajni  m  pre|)ariu^  lor  this  nionieiitoiis 
li:  '     ■  .  '  "'k  titJiii  rL         'I     '  '    r  oiif 

I,  II  to  ikic  I  ^  'all 

.i  lion  of  tlipjr  setitJ* 

ll  ..^  ..  _u,  for  the  purpos^e  of 

»  >i.    Cttn  yrxi  go  Ihe  Iciigtii  of 

iiwtioii  o*   Mr.  Muftiu'iT  con- 

.vioiir  Uiwiirds  the  kinj^  evi- 

o  show  Uml  he  thought  h^htly 

I  very  other  man  did,  vrho 

^  jse,  an<l  furanulticr  end? 

ii,  U  HHitUi  Ut  in;  grtivety  siiid  here,   that  tf 

p«^f>T>«f  meet  togcttitr  for  tiic:  jccompli^hmeot 

•ji  se,  winch  purpose  iippears  by  the 

*:■■  he  wh^t  I  hHie  no  risht  to  say, 

U  '    vour  lordbhips  and  the  jury 

cW'  L  It  IS  to  cjbtain  a  t^iir  represcu- 

ui  Lnr  |.x'.jpleio  parhamcttt  by  constltu- 

m^^ri^,  or  whether  h  is  any  thing  et&e, 

qtiality  the  law  stiall  annex   lo  it,   la 

I  will  not  break  io  u(toa,  for  various 

.1    iln^   iii.>nuiit.     As  the  pri"4oner 

ittfid^  ittg  the  death  of  the 

king,   '  Ifjue  hmiself,  every 

thiO0  dom:  in  bis  presence,  every  thing  said 

in  his  prr^once,  to  ivhicii  he  may  be  suppo&ed 

'  by  cotilinuing   to  meet  the  same 

I  iit.  in  to  be  received  in  evidence, 

^^  e,  if  Mr   Martin  had  ^\d  this 

1  I  I  Mr.  Hardy,  and  a  tier  wards 

Mr,  Hardy,   it  might 

it  be  considered  as 

tiirr    «;<.mjur  I    of   Mr.   Martin.     I 

^  I  i'l  Uiis  to  he  a  letter  Ibund  ;  1  do  not 

^iit:fe,  for  Ihiit  15  not  even  sLited, 

Mr.    fjomift- — It  is  a  letter  a<ldres4ed  to 
riii      at    I  %]  ill  burgh,  lie   bemg  a  mij*- 
i  U'ty. 

c  ii!yf«,^— Where  was  it 
nd  ?  what  is  tlic  fact? 

mtiie. — It  was  not  found  among  hU 
but  ^e  «hall  prove  it  to  be  Martin's 
ritnig. 

Krtkitu. — Suppose,  instead  of  being  a 

l->  M»Ti^aroi,  it  liad  been  a  letter  to 

f*.  it  wonid  not  be  evidence;  I 

ian*s  writing  a  letter  to  me — 

t     [m1  It  maybe  tbund  in 

vore  to  write  a  letter 

•  TnAllcrsI  highly 

lid  not  crmn- 

iL.i.  1^.^ — L-^  -..i-  Iw.L^i    ..AS  found  in  ray 

wi«t»  tlufi  to  hm  considered,  id  order  for 
riiirdsbip%  to  &ec  the  extent  to  which  this 
i  9%  o|iened.     We  arc  now  inr  ad  v^nred 
01  lli«  ittOod  day,  upou  mi  iudictinefit  for 


'»  ■  " 


A.  D-  1794.  p» 

compnssinq  tlic  death  of  the  king  ;  aod,  if 
^our  lurdships  Ic^ok  tbrongli  lljc  titate  Trials^ 
trfjni  tlie  beginning  of  our  history  to  the 
present  lime,  yoti  will  find  %vhal  ha^  been 
remarked  by  the  Cotntt^biit  it  has  never  l>ecn 
necessary  to  liave  recourse  to  the  expedients 
employed  ki^t  night,  by  tlie  indulgence  of  the 
Court,  in  a  ruhv  of  hi^h  treat^^n.  In  the 
case  of  Kli/,abeth  Canning,  I  understand  it 
was  done.  Hut,  it  this  ficTd  of  evidence  h  to 
t*e  gone  into,  I  protest  I  cannot  see  when  this 
willcnil,  bee  uuso  1  am  Mire  that  your  lottl- 
ships  will  do  impartial  justice,  and,  therefore, 
if  this  Iplter  of  Mr,  Martin's  n*  to  be  read, 
Mr.  Marti n«  of  course,  must  be  allowed  to 
explain  it  If  the  crown  cao  ^ive  the  letter 
in  CMdence,  because  Mr.  Martm  happened  to 
be  a  member  of  the  London  Corresponding 
Society,  every  man's  letters,  who  wais  a  mem- 
ber of  any  of  theM;  socictie*^^  which  were  in 
correspondence  together  (for  your  lordship 
will  recollect,  that  the  conspirators,  if  there 
are  any,  are  all  who  have  been  moving  to 
this  purpose  by  affiliated  societies),  their 
bureaus  might  be  broken  open,  their  leCter^i 
intercepted  at  the  post-oiTice,  or  be  seized 
upon  by  the  magistracy,  and  your  lord- 
ship might  have  to  read  the  correspondence  of 
every  man  in  these  societies;  I  wish  to  know 
that,  because  it  may  be  material,  and  I  may 
withdraw  my  ohjCLlion.  Shall  I»  in  my  turn, 
be  allowed  to  produce  the  letters  of  all  tlic 
members  of  ihc'^c  societies  to  their  friends? 
Certainly  not ;  it  would  be  absurd  and  foolish 
to  expect  it  t  therefore,  upon  every  principle 
of  law,  1  object  to  this  letter  of  Mr.  Martin's 
being  read,  unless  it  can  be  fchown  that  his 
letter  is  connected  with  something  that  Mr. 
Uardy  and  he  have  done  together,  and  that  it 
can  he  brouj^ht  home  to  Mr.  Hardy,  that  he 
knew  the  facts  contained  in  thai  letter,  and 
that  it  was  sometltiiig  done  in  the  fijrtherance 
and  accoujpU^hment  of  a  conspiracy  between 
tliem»  1  certainly  must  object  to  any  improper 
expressions  in  this  letter  being  imputed  to 
Mr.  Hardy — I  object  to  its  bemg  given  in 
cvulencf^. 

Mr.  GU*bs. — After  this  point  has  been  so 
ably  argued  by  Mr.  Erskine,  I  can  add  but 
very  httle ;  but  tliis  I  mu^t  say,  that  il  seems 
to  be  ofiering  this  letter  with  an  endeavour  t# 
bring  betore  ^vour  lordships  precisely  the  »aine 
question  agam.  It  I  took  what  your  lordship 
said  accurately,  when  the  decision  was  gtveii 
upon  the  last  point,  tuid  that  evidence  was 
rejected,  your  lordship  «aid,  that  in  Dam* 
maree's  case,  and  in  lord  George  Gordon^i 
case,  it  was  true,  that  the  declarations  of 
persons  when  the  prisoners  were  not  present 
were  received  in  evidence;  but  they  were  re- 
ceived for  this  reason,  because  they  had  been 
present  at  the  collection  of  the  mob,  and, 
dunug  the  nots  of  those  mobs,  in  the  trans- 
actions of  which  it  was  endeavoured  to  im* 
plicate  the  prisoner! : — what  Ihey  dcclafed 
while  they  were  in  action,  was  admissible 
evidence,  to  thow  what  Ibo  objected  thAM& 


A 


r  p"f 


35  GEORGE  IH. 

insurrections  was,  and  therefore  it  was  re- 
ceived :  but  your  lordslxips  have  never  delcr- 
jDiued,  tlul  tliat  which  was  declared  by  a  pesr- 
9011  unconnected  with  the  prisoner  at  the  bar, 
«5xcept  as  lie  tnay,  at  particular  occasions, 
have  been  brought  into  his  company^  could  in 
any  case  be  received  as  evidence. 

I  understand  the  line  to  be  this 4  when  a 
man  is  indicted  tor  that  which  is  done  by  a 
great  collection  of  men  assemblctl  together, 
^d  he  h  present  at  some  times  and  absent  at 
otlicrs,  the  declarations  of  other  men  acting 
with  him  in  that  very  act  for  which  he  is  in- 
dicted, arc  admitisiblc  evidence  to  %how  what 
the  object  of  that  assembly  was  t  But  why  was 
the  letter  last  offered,  rejected?  For  this 
reason,  because  it  containedf  a  relation  of  facts, 
of  which  relation  of  facts  tlie  prisoner  was  not 
cognizant :  he  did  not  know  that  these  facts 
were  so  related :  What  is  the  present  letter  ? 
I  asked  to  see  it  heiore  I  addressed  your  lord- 
•hips :  I  was  told  I  must  not  see  it,  that  it  was 
irregular ;  from  what  I  have  collected  of  it,  it 
is  no  more  Uian  the  last  letter ;  it  contains  a 
relation  of  f^icts,  and  then  they  would  add 
to  it,  that  tlie  object  of  this  relation  ot  facts, 
was  to  keep  up  the  spirits  uf  a  person  at  Edin- 
burgh ;  if  I  understood  the  argument^  that 
was  the  drift  of  it, 

Mr.  Carrots. — It  was  stated  to  be  an  excita- 
tion  in  terms. 

Mr.  Giiybi. — Certainly ;  I  am  arguing  imder 
great  difficulties ;  my  object  was,  to  show 
that  this  is  the  same  question  which  yoor 
lordships  have  decided  upon  the  former  argu- 
ment; I  desired  to  see  the  letter  before  I 
addressed  my  argument  to  your  brdships, 
which  may  certainly  be  all  mere  air,  if  I  am 
mistaken  m  the  fact ;  I  was  told  in  point  of 
Regularity,  1  could  not  see  the  letter,  and 
therefore  1  can  only  argue  it  upon  the  recol- 
lection of  what  was  lootety  stated :  it  might 
be  so  intended,  in  the  mind  of  the  writer  of 
it,  to  keep  up  the  spirits  of  Mr.  Margarot : 
But  was  that  object  communicated  to  tlie 
jmsoner?  Did  he  mean  that  those  facts 
should  be  so  related  ?  The  real  object  for 
producing  this  letter,  is  this—that  the  repre- 
sentation of  facts  contained  in  that  letter,  bv 
the  writer  of  it  (and  in  the  writing  of  whicii 
ielter  the  prisoner  is  not  in  any  respect  inipli- 

ited)»    that  the  narration  of    facts  by  the 

iter  oJ  the  letter,  should  be  fixed  upon  the 
prifioner;  that  whatever  the  writer  of  that 
letter  has  ira providently,  foolishly,  rashly,  or 
I  will  say  u[i  law  fully  extires»>ed  in  that  letter 
Ibat  rashness,  folly,  or  illegality,  may  be  fixed 
upon  Mr.  Hardy,  it  f^ecms  to  me,  that  thi» 
case  comes  directly  withm  the  spirit  ufyow 
lordsliips  decision  upon  the  last  argumi-'nL 

Cases  were  stated  u^M^n  the  last  argument. 
In  which  the  declarations  of  third  persons 
were  received  against  a  prisoner;  but  it  was 
toitv  in  cases  where  the  prisoner  wns  indicted 
1  ,  m  the  act  of  .i  Urre 

1  r  sometimes  pre S'  n    nines 

fth&^ut;  a  part  of  that  mulutude,  lit  the  time 


that 

i 


Tnal  of  Thomas  Hardy  [460 

they  were  unlawfully  collected,   for  -whi 
unlawful  collection  the  prisoner  was  amo! 
others  indicted;  part  of  them  had  dec! 
what  was  their  otject.    I  agree  that  may 
evidence  against  a  prisoner,  and  he  mi 
exculpate  himself  if  be  can ;  but  that  a  let 
shouki  be  evidence  against  Mr.  Hardy,  whii 
he  never  saw,  and  for  a  purpose  to  which 
never  acceded,  seems  to  me  again&t  all  la 
and  I  am  sure  that  it  is  against  all  justice] 
for  the  object  of  this  tndiotment  is  to  tr>'  \\ 
mind  of  Mr,  Hardy— to  try  whether  he  did  i 
his  mind   compass  the  death  of  the  kin|^ 
And  surely,  justice  does  not  require  that  that 
which  is  proved  to  pass  in  the  mind  of 
man  should  fix  a  similarity  of  sentiment 
themind  of  another,  who  neither  directed 
letter  to  be  written  which  is  offered  in 
dence,  nor  ever  afterwards  knew  that 
letter  was  written,  which  letter  too  sever  was 
received. 

^T,  Solicitor  Genercl — I  will  trouble  yotir 
lordship  with  a  very  few  words  upon  thlt 
point,  and,  I  trust,  your  Iord<>hip  will  be  d[ 
opinion  that  it  is  unque^Hionably  evidence* 
Certain  persons  are  indicted  for  endeavouring 
to  procure  a  Convention  to  be  assembled  to 
subvert  the  legislature,  rule  and  govcmrocntp 
now  duly  and  happ^y  c  stab  lis  bed  in  this 
kingdom,  and  other  overt-acts  of  the  same 
tendency.  Now  upon  the  very  principle 
wliich  h&s  been  just  suted  by  Mr*  Gibbs,  it 
appears  to  me  that  this  is  evidence.  The 
principle  which  is  stated  by  Mr.  Gibbs  is,  that 
that  which  is  declared  by  conspirator^  whili* 
in  action,  is  evidence  against  tnose  who  were 
not  present  at  the  time,  as  well  as  against  tho»e 
who  were  present  at  the  time ^ 

Mr.  Gibht. — I  beg  your  pardon,  I  wouW 
not  have  you  take  my  argument  impropt  rl  v ; 
I  did  not  say  conspirators  in  action,  but  I 
said  that  where  a  number  of  laen  are  indicteil 
for  acts  of  violence  in  which  they  unite,  and 
the  prisoner  is  sometimes  present  and  some-> 
times  absent,  that  what  is  stated  by  some  of 
those  persons  who  are  said  to  co-operate  with 
him  in  some  of  those  acts  of  violence  may  be 
evidence. 

Mr.  SoikUor  General — I  am  very  little 
capable  of  distinguishing  between  wliat  I 
stated  and  what  Mr.  Gibbs  now  says.  I  take 
this  to  be  a  declaratioti  of  conspimtors  in  the 
progress  of  their  conspiracy,  and  1  Uike  thai 
to  he  exactly  the  distinction  between  this 
cw^e,  and  that  which  your  lordi^hips  have 
determined,  with  respect  to  which  it  is  mjr 
duty  to  submit  to  tlie  judgment  of  theCourU 
That  was  a  letter  addressed  to  a  per»oii^ 
whom  we  have  not  shown  to  he,  in  any 
degree,  involved  in  liie  conspK^-^  '  >  i  Mr, 
Vcllam;  wherf-«is  this  Is  a  I  i«?8sed 

by  Mr.  Miulin,  who  is  proved  i..  um  tn 

of  the  meeting  on  the  20lh  uf  .*  u> 

Maurict?  MiirLrj.rot,  who  was  llic  \\<  in 

the  <  « ntiofi 

whii-  J  i  '.'  i    !  M  I ; :  ,  ■  ■  I .  , , :  ]  I ., ; _^' .  ^  . ^  f , ,  c  /■  ■  Tefoie, 
a  couvefsatioiSf  by  Icttcf ,  bt?twe«ii  two  pecauii 


uriifei 


t\  y  ctjnspiracy ;  for,  in  all  these  cases, 

t^  titsi  (jueslioD  jrour  lordships  and  the  jury 
^iil  have  to  consider,  ia  the  extiteuce  of  a 
cf  I  and  the  object  of  that  conspiracy ; 

a  whell^ier  the  person  charged  was 

pary  lo  tkat  conspiracy. 

Now  for  the  purpose  of  showing  the  exist- 
^^.-^^.  ,  ronspi racy,  and  for  the  purpose  of 
b\  Si  At  the  views  of  the  conspirators 

w^,^,  ..-.-  far  they  %vent,  conversations  of 
Ili09e  conspirators  totally  distinct  from  the 
^toDer,  have  constantly 'l)een  admitted  to  be 
pven  in  evidence.  In  the  case  of  my  lord 
StalTord,  which  was  a  prosecution,  by  impeach- 
ment  in  parliament,  for  high  treason,  in  com- 
pusmg  the  death  of  the  king,  and  proceeding 
m  gre^t  len^ ;  the  evidence  that  was  first 
gtTtn  was  simply,  and  only  of  the  general 
pUit,^  by  persons  who  were  capable,  as  they 
alterwarda  proved  by  their  testimony,  of 
bringing  that  treason  specifically  home  to 
lord  Stai^brd ;  they  were  not  examined  to 
!h-*  -^  .  '  it  first,  but  were  examined  simply, 
a  '  the  gencnil  plot ;  one  thing  which 

U;; ,  J  ...td  in  the  couri^e  of  that  evidence, 
with  respect  to  the  general  plot,  I  will 
Mate  to  your  lordships;  it  was  a  discourse 
between  Anderton,  Campion,  Creen,  and 
•fvemil  other  persons,  with  whirh  lord  Staf- 
ford had  no  sort  of  connexion  whatever,  in 
which  those  persons  told  the  witness,  that 
tlier^  would  be  a  great  akcnition  in  Kngland 
ere  long ;  titat  the  king  was  an  heretic,  and 
might  nc  destroyed ;  that  tlicy  industriously 
preaclied  this  doctrine,  and  that  the  duke 
of  York  was  with  them.  Evidence  was 
flirica  of  ihene  uMiverfsalions*  Who  were 
&e  p«r«oni  that  Iield  these  conversations? 
ThcY  were  not  penions  included  in  the  im- 
IMciunenl  of  lord  StatFurd,  but  persons  to 
viNMti  it  was  imputed  thai  they  were  in  the 
cofmnoD  and  general  conspiracy,  which  was 
diargptl  to  exist,  for  the  purpose  of  tlie 
restoration  of  the  Roman  Catholic  religion 
in  ibift  country,  and  for  the  purpose  of 
deposing  the  king,  and  subverting  tlic  go- 
teraineiit  of  the  country.  The  manner  in 
Ithkh  Mrjeant  Maynard  states  the  evidonce 
■"■"^  was  to  be  given,  seems  to  me  to  be 
Jy  clear*  lie  says,  **  This  is  a  treason 
clion,  and  of  a  general  party  in  the 
It  is  not  this  or  that  lord,  but  a  great 
;  it  h  not  this  or  that  lord  that  is 
cd  in  the  articles,  but  the  con* 
is  ol  a  great  faction.  This  do  we 
and  this  makes  us  so  earnest  to  press 
Ihfi  grfiri-.il  Ijf  furr  your  lordships,  that  we 
may  L  j  to  vour  lordships,  and 

the  wi  plot  Iiath  been,  and  how 

cirried  uu  ever v  where. 
•*  My  lonU,  the  cx>n9equence  of  that  U  irery 
I)  for,  my  lords,  if  there  were  a  general 
And  a  general  plot,  as  clearly  tlicre 

ir  ca«e  of  lord  Stafford  ill  thi5  Col- 
^   ?p   13J0,rf  •**/» 


miloilj 


was,  ^ome  were  to  act  in  Spain,  and  some  in 
France;  some  in  other  places ;  some  in  Ire- 
land, Scotland,  and  England,  and  a  great 
number  of  Jesuits  (we  have  a  matter  of  thirty 
in  chase  about  this  business) — I  say,  ray  lords, 
if  it  be  so,  if  one  action  be  in  one  place,  and 
another  in  another,  yet  if  there  be  a  convmun 
consent  to  accomplish  this  plot,  then  what 
the  one  does  is  the  act  of  all,  ami  liie  act  of 
all  is  the  act  of  every  one, 

**  My  lords,  the  persons  were  many,  and 
the  places  and  limes  many  they  acted  in,  dud 
the  dcsigas  which  they  were  to  accomplish 
and  the  means  wherewith  they  ncn?  to 
accomplish  them  were  many  toa.*** 

My  lords,  in  the  ^asc  ol  lord  Lovat,  the 
same  sort  of  doctrine  is  laid  duwu  with 
respect  to  the  evidence. — ^The  solicitor- ge- 
neral of  that  time  savs,  ^*  It  is  necessary^ 
therefore,  by  general  evidence,  to  <how 
that  there  have  been  such  plots  and  conspi- 
racies as  the  Commons  assert,  and  tiien  to 
affect  the  noble  lord  at  the  bar,  by  proper 
evidence,  with  bein^  concerned  in  these  plots.** 
It  was  so^  he  says,  in  lord  Stafford's  case,  and 
at  the  **  trials  at  law  of  the  persons  accused 
of  leaving  been  in  the  same  ploL  The  same 
method  was  allowed  as  proper,  and  liable  to 
no  just  objection^  id  many  trials  after  the 
revulution/'t 

This  was  said  upon  an  objection  that  was 
taken  to  the  evidence  of  Mr.  Murray,  of 
Broughton, — Mr.  Murray  proceeded  in  his 
relation  of  the  conspiracy ;  and  one  part  of 
the  evidence  which  ne  then  gave  was,  that 
lord  Trarjuair  had  informed  him,  that  a  Mr* 
Drummond  had  carried  over  to  f^aiisa  memo- 
rial, and  a  list  of  all  the  gentlemen  iu  Scot* 
land,  who  would  support  the  Pretender ;  that 
he  had  conversed  with  Dnimmond;  thai 
Dnimmond  was  then  in  Edinburgh,  and  pro- 
posed that  he  should  have  a  njeeting  with 
mm  ;  that  he  had  a  meeting  witli  Druinmond. 
who  repeated  much  the  same  thing,  and  said 
he  had  been  extfcmely  well  received  by  the 
cardinal ;  that  is  carciinal  Fieury, — Several 
other  p^rts  of  his  evidence  were  to  the  same 
tendency. — What  was  this  but  giving  evidence 
of  conversations  between  two  conspirators  upon 
thesubjectof  the  plot,  for  the  purpose  of  show- 
ing what  was  the  nature,  tendenry,  and  ob- 
jects of  the  plot,  and  what  were  the  views  of 
the  several  pcrsous  who  were  coucrrned  in  it  f 

Willi  submission  to  your  lurdships»  thif 
letter  b  evidence  upon  the  same  a;round,— It 
is  evidence,  y«o  amnw^  Mr.  Martin  at  led. — 
I  do  not  mean  to  siiy,  it  is  direct  evidence, 
quo  imimit^  Mr.  Uardy  acted,  but  it  is  tlic  tia- 
lure  of  all  plots  tliat  this  son  ol  cvidcuc«s 
should  be  given  j  several  pcrstins  are  con* 
cemed ;  they  are  brought  into  otie  engnge- 

*  See   Mr.  Serjeant 
speech  on  the  trial  ol 


Maynard's    opening 
I  lord  Stafibrd,  a«/e,  \oU 


7,  p.  iWh 

t  See  the  case  of  lord  Lovat  in  this  Crfllcc- 
lion,  Vol.  la,  pp.  66tj  <»53* 


JL^Sk f-^   Mtiii 


4651 


36  GEORGE  III. 


Trial  of  Thomas  Hardy 


[AG* 


i 


ent;  some  of  tliem  may  certainly  have 
ews  lcs&  c-iitp.ible  itmii  uthers,  bui  t>li)l,  fvr 
the  puq>os«  ot  a  jury  delerrotning  what !»  the 
gitilt  of  the  partitiilar  persuu  charged,  the 
viewii,  the  intentionij,  declared  hy  coaversa- 
lion,  as  well  as  other  witCy  aft  he  beveral  per* 
im>ns  conccfDed  in  the  plot,  and  c.^iHtiiaJly 
irhen  it  hiippen!i  to  be  coover^tion^  lietweeo 
wo  of  Uie  persons  concerned  in  the  plot, 
vhtch|  with  submission,  a  letter  from  one  of 
the  perttoiis  engaged  in  it,  to  ancjther  of  those 
persons  is^  then  I  submit,  thai  it  is  a  matter 
which  may  fairly  and  properly  be  given  in  evi- 
dence, consistent  wiLii  the  deiermuiatton 
your  lordships  have  made,  and  upon  the  very 
foundation,  that  it  is  %hat  passes  between 
personi»  engaged  in  a  conspiracy^  while  the 
consph^acy  is  m  its  process  towards  that  con- 
clusion, which  we  submit  the  consplmtori 
.had  in  view. 

Mr.  Serjeant  Adair^-^-lt  i«  not  on  account 
©f  the  iuipoflance  of  this  parliculu-  piece  of 
evidence  thai  I  take  the  liberty  of  addre^^i^ing 
a  very  few  words  to  your  lordships,  ujion  the 
subject  of  tlie  objection  tlial  has  been  made, 
but  from  an  impre?sitJti  of  the  very  great  ini- 
nortance  of  the  prmciplc  upon  which  this  ob- 
jectiun  may  be  occided,  and  the  extensive  ap- 
plieatioQ  of  it  to  other  crises  that  may  m 
liiture  occur. 

In  order  lo  understand  the  objection,  it  is 
necessar)'  to  state  tlie  ground  upon  which  tliis 
evidence  is  oftcred;  and  I  conceive  that  a 
great  part  of  tlic  argurneni  of  my  learned 
friend,  who  very  ingeniously  f^lalcd  this  ob- 
jectton  at  first,  is  answered  by  a  considera- 
tion of  the  ground  upon  which  this  evidence 
is  offered ;  fori  do  not  conceive,  and  I,  for 
one,  do  not  offer  the  evidence  to  the  Court 
upon  the  ground,  thai  the  idle  expressions  of 
Mr.  Martui  rrspocling  the  king,— that  llie 
rtlfttion  of  an  aceidtnlal  fact  Ihut  happened 
in  the  Park,  within  Mr.  Martin's  knowledge, 
fet>peclin^  the  king,  is  any  evidence  at  all 
against  the  prisoner;  but  it  is  upon  this 
ground,  that  a  part  of  that  letter  which  we 
offer  m  cvideucc  is  alleged  to  n?late,  and  your 
Jordt^hips^  when  it  is  read,  will  find  that  it  docs 
relate  to  an  act  done  by  the  conspirators,  as 
ifb  contended,  in  the  furtherance  and  pro- 
secution of  that  conspiracy  which  is  by  Uie  in- 
dictment imputctl  lo  the  prisoner. 

X^rd  Chief  Junlice  Eyre. — Be  so  goo^l  ^ 
Hate  a  little  more  particularly  what  that  is. 

Mr.  Serjeant  Adair. — It  isattatement  from 
one  of  the  conspirators,  who  had  been  in  the 
chair  at  the  meetinp;  of  those  whom  we  call 
the  conspimtors,  held,  as  it  has  been  alleged, 
for  the  (Mirposc  of  furthering  the  viewi  of  that 
conspiracy^it  is  a  statement  of  that  conspi- 
rator lo  another  person,  alleged  to  be  a  con* 
spirator,  of  wliat  pasfied  at  that  meeting,  m 
held. — Now  the  charge  egainstthc  prisoner  is 
the  compa*<5ing  the  king's  defith,  Hy  rner^ng  of 
a  y,  lo  overturn  ' 

tl  ^  the  ilate,  and 

Ihc  couiiUy,  imdcr  coJoiir  ol  a  piulc:^:}t:U  dc^  j 


I- 


sign  unly  to  make  a  relbrm  in  pn  ry 

reprtbentation,  and  to  correct  ali  ne 

branch  of  the  legislature ;— a  d<  li, 

pursued  by  inncM-ent  and  proprr  Hi  i^ 

possibly  be  eilhrr  wljolly  innuccul,  or  amount 
to  a  guilt  iiiBnitcly  le^^  than  that  which 
is  charged  hy  Hns  indictoicnl;  but  when  such 
a  con^pira£;y  as  is  imputed  to  the  prisoner,  is 
alleged  to  he  carried  *>n  under  cok"  -  *  •;  t| 
a  pretext^  uvaiiy  of  the  acts  of  tbn  i- 

tors  iHUst,  hi  their  nature,  be  cqi  <,---,,  *.utJ 
admik  of  different  con^tructif ins. —  How  are 
these  constructions  to  be  colWttd.  —  linvv  i^ 
Ihiil  ambiguity  to  be  removed, — l^  -r? 

of  the  coitduct  and  declarations  ol  i  ,  jii 
alleged  to  be  in  the  conspiracy  itseit  f — ^It  i» 
upon  that  ground,  and  thai  alone,  that  this  It 
submitted  to  the  Court  as  tlic  statement  of 
the  proceeding*  at  a  meeting,  by  orte  ronspK 
rator  to  another  conspirator,  impli^  hi? 

general  design,  but  not  present  n 
mg. — It  seems  to  me,  U        ' 
evidence  that  can  lend  i  r* 

lope  the  real  intcntiou  fM  um  ^iuiU'-n  m  liie 
transaction,  than  that  species  of  evidenco 
which  IS  now  offer rd — I  do  not  mean  to  con- 
tend, ^hut  tlie  letter,  when  read,  which  I  lmv« 
casi  my  eye  over,  will  itself  go  any  great 
length  in  cffectuaung  thai  purpose,  but  th^ 
nature  of  the  evidence  ij  snch  as  may  be  im- 
portant, perhaps,  in  oilier  instjinces,  mucbi 
more  so  than  llie  prc^rtii ;  and  the  principle 
is  extensive  in  its  -  .  not  only  to  Uit 

trials  upon  the  pre^  '  >[u  hut  those  that 

may  Ivereallcr  occur  ii;  ttui»  country,  aacid  at 
times  when  this  trial  may  become  a  prcco* 
dent  to  posterity.  » 

The  ;>rounds' upon  which  this  evidenetlr 
offered  to  the  Court,  seem  to  me  lo  lisll  dt* 
rectly  within  the  principle  of  lord  StalfbrtT^ 
case ;  but,  even  it  it  could  be  di^tingiibbed 
from  other  cases,  I  think  it  cannot  be  dblift* 
guished  from  the  cases  of  Dammaree  and  loni 
George  Gordon  :  and  the  distincuon  that  lias 
been  attempted  between  an  act  oi  M^lr  ts  <■.  of 
any  other  at  t,  in  furtherance  of  a  n  I 

confess  I  do  not  feel  much  tht-  — 

I'his  cxinies  so  completely  withiu  the  princi- 
ple of  lord  George  Gordon's  ca»e^  that  it  is 
imjxissible,  withuut  holdmg  thiitcase  no4  to  \m 
law,  to  reject  this  evi(k'nce, 

Yaur  lordships  will  pardon  me   fer  havi 
made  these  ob»ervatiuns  ;  it  was  merely  f 
Uie  iin^>orlauce  of  the  piirK-iptCi    3Uh1 
Irom  the  least  idi*»  that  the  It-ttcf,  when  n»A, 
wdi  be  thought  lo  be  very  much  in  ilsctf. 

Mr.  Bearcrvfl. —  I  make  no  a|Hilov;y  ibr 
troubling  your  lonlships  with  a  f'»*^  .i»Vt^  rvtw 
ttoQs  upon  this  point;  it  is  a  c  y 

grrat  impottarue  :    unJ  uhtn  I  -  !     in 

sure  I  si  J  '  9'lanl 

up  to  siu  tn<r  f 

urn  ! 
bnf , 


IN 


caii.^i  :»iaU3  m  il^Ui^  ilj  a^vidlvfc  XU^ff 


y 


465] 


fw  High  Treaion* 


A.  D.  1794. 


[466 


I  will  not  attempt  to  break  into,  or  con- 
trovert, tlie  rule  that  has  been  already  laid 
down  by  the  Court,  as  I  understand  it — I 
will  not  repeat  a  syllable  that  has  been  said  bv 
the  learned  gentleman  before  nie— but  I  think 
I  can  add  another  observation  upon  this 
letter,  which  would  entitle  it  to  be  read. 

When  I  say  I  will  not  controvert  the  rule 
hid  down,  as  I  understand  it,  I  wish  to  state, 
io  order  that  i  may  be  corrected  if  I  misunder- 
stand it,  how  I  suppose  it  to  have  been  laid 
down, — as  I  understand  it,  it  was  decided,  by 
the  authority  of  the  Court,  that  a  mere  nar- 
ntion  of  simple  facts  that  liave  passed  is  not 
admissible  evidence. — I  think  that  cannot 
well  be  disputed;  my  humble  judgment  cer- 
tainly eoes  with  that  decision,  if  it  is  carried 
no  wtnier; — but  when  a  question  of  evidence, 
andof  great  extent  and  imoortance,  is  before 
the  Court,  I  liave  been  always  taught,  that 
the  way  to  decide  upon  the  competency  and 
admissibility  of  that  evidence  is  to  consider, — 
What  is  the  question  trying  ? — Against  whom 
is  the  testimony  offered  ? — What  is  the  na- 
ture of  it? — ^To  what  purpose  is  it  adduced  ? 

Now  I  understand,  or  I  am  grossly  mistaken 
ia  the  whole  of  this  proceeding,  that  the  ob- 
ieci  of  it  is  to  show,  that  the  prisoner  at  the 
bar  is  ffuilty  of  high  treason,  of  the  species 
tbamS  in  this  indictment,  by  the  means, 
and  Dy  overt  acts,  which  amount  to  a  conspi- 
nejf  with  many  others,  to  carry  that  trea- 
somle  intent  into  execution ;  that  is  the  na- 
ture of  the  charge. — The  consequence  I  con- 
ceive most  clearly  to  be  this,  that  though  it  is 
an  indkUnent  for  high  treason,  yet,  Mcause 
that  high  treason  is  to  be  carried  into  execu- 
tion by  the  means  of  a  conspiracy,  that  all  tlie 
evidtoce  which  will,  by  law,  be  admissible 
uiKm  the  trial  of  a  minor  conspiracy,  acon- 
niracy  not  treasonable,  will  be  admissible 
likewiae  upon  the  present  inquiry. 

Now,  mv  lords,  I  take  it  to  be  a  settled  rule 
in  the  trial  of  an  indictment  for  a  conspiracy 
of  every  kind,  that  when  once  you  have  cs- 
tablbhed,  that  the  prisoner  at  the  bar  has 
conspired  together  with  others,  not  then  upon 
trial,  in  the  indictment— nay  I  go  farther, 
not  charged  in  the  indictment :— When  I  sa^ 
established,  I  do  not  mean  established  deci- 
dedly, tliat  they  are  guilty  of  the  conspiracy, 
but  that  there  is  evidence  admissible,  and 
to  belaid  before  the  Jury,  upon  which  they  are 
to  exercise  their  judgment — then  I  have  a 
right  to  give  in  evidence  the  acts  of  others,  so 
connectra. 

My  lord,  it  cannot  be  disputed,  that  some 
evidence  to  prove  the  conspiracy  is  in  the  pos- 
lesaion  of  the  Court ;  nay,  it  is  in  the  pos- 
aeiaion  of  the  jury ;  for  it  cannot  be  in 
poiaeaaion  of  the  Court,  without  being  in 
posflcaaion  of  the  jury ;  they  have  heard  it,  of 
coune,  as  it  has  been  admitted. — ^We  have 
got  tliua  far,  that  the  prisoner  at  the  bar  was 
iH^agnd  in  a  conspiracy,  togetlier  with  Mar- 
Hi  iSd  Marpuot^they  two  corresjionded  by 
hum    IIm!J  twpconveraed,  in  writing,  as  has 


been  rightly  stated  by  Mr.  Solicitor  General. 

What  is  the  object  of  the  conspiracy  ? — We 
contend  it  is  to  overturn  the  government,  and 
depose  the  king,  whereby  it  is  obvious,  to  any 
comnpon  understanding,  that  the  life  of  the 
king  is  in  danger. — Now  I  contend,  therefore, 
with  the  utmost  deference  to  the  Court,  that 
this  letter  is  competent  evidence^ — no  matter 
how  far  it  extends,  or  how  short  it  goes — if  it 
goes  any  step  at  all ;  but  I  confess  that  I  feel, 
and  I  am  sanguine  enoueh  to  state,  thati 
goes  pointedly,  importantly,  and  directly  to 
the  matter  of  high  treason  charged  in  the  in- 
dictment.— I  said  I  would  not  repeat  a  sylla- 
ble that  had  been  urged  by  the  gentlemen  be- 
fore me,  but  I  desire  to  be  understood,  that 
my  mind  goes  with  them  entirely,  and  accedes 
to  every  part  of  their  arguments. 

I  beg  leave  to  advert  to  another  part  of  this 
letter,  that,  i  say,  goes  pointedly  to  show, 
that  the  design  was  for  compassing  the  mis- 
chievous, the  trautorous, — I  had  very  nearly 
said  the  personal  destruction  of  the  king. 
What  I  advert  to  in  this  letter,  I  will  read  to 
your  lordships  in  the  very  words: — "The 
king  went  yesterday  to  meet  hit  parliament." 
Your  iordsnips  will  mark  the  expression;  it  is 
very  decent,  but — 

Mr.  Erskine. — I  must  beg  to  interrupt  my 
learned  friend ;  I  beg  his  pardon  ;  that  part 
of  the  letter  has  been,  within  these  three  mi- 
nutes, expressly  given  up  by  Mr.  Serjeant 
Adair,  as  counsel  Tor  the  crovm,  who  finished 
what  he  had  to  say  before  my  friend  got  up, 
by  saying,  that  that  part  of  the  letter  widen 
my  friend  now  chooses  to  read  aloud,  in  the 
hearing  of  the  jivy,  he  did  not  mean  to  con- 
tend to  be  evidence  against  the  prisoner— and, 
therefore,  if  the  letter  comes  to  be  read,  the 
letter  will  be  read  with  the  omission  of  that 
part ;  or  if  the  omission  did  not  take  place, 
that  part  is  admitted  by  Mr.  Serjeant  Adair, 
not  to  be  evidence  against  the  prisoner. 

Lord  Chief  Justice  Eyre. — ^The  interruption 
is  not  quite  proper :  because,  if  it  were  so,  that 
my  brother  Adair  had  distinctly  admitted  it  in 
that  manner,  yet  that  could  not  conclude  the 
argument  of  another  learned  gentleman,  i( 
he  was  of  opinion  he  could  maintain  it. 

Mr.  Erskine. — Docs  your  lordship  tliink, 
that  it  is  consistent  with  the  rules  which  must 
bind  us  upon  this  occasion,  that,  in  arguing 
the  admissibility  of  a  piece  of  evidence,  they 
are  not  merely  to  state  to  the  Court  the 
general  nature  of  it,  so  that  the  Court  may 
give  its  decision  before  a  thing,  which,  pcr^ 
haps,  is  not  afterwards  to  be  received  in  evi-, 
donee,  should  make  any  thing  like  an  impres- 
sion, but  to  read  the  paper  itself. 

Ijord  Chief  Justice  Eyre, — ^No;  only  so 
much  of  the  purport  as  is  necessary  to  inform 
the  Court  of  the  nature  of  it. 

Mr.  Erskine. — My  friend  is  not  merely 
reading  the  letter,  in  that  part  which  one  of 
the  counsel,  at  least,  admitted  not  to  be  evi- 
dence, but  he  is  commenting  upon  it,  step  by 
step.— I  apprehend  my  friend  may  state,  that 

U  II 


467]         35  GEORGE  IIL 

there  is  an  expression  personally  reflecting 
upon  the  kine ;  but,  in  order  to  argue  tlie  ad- 
missibility ofany  piece  of  evidence,  it  is  not 
to  be  read  by  the  counsel  for  the  crown  in  the 
hearing  of  the  jury;  because  if^  afUr  the 
counsel  has  read  it,  in  the  hearing  of  the 
jury,  the  Court  say  it  is  not  admissible 
evidence  against  the  prisoner,  it  may  lead 
to  affect  the  prisoner,  because  it  may  afiect 
the  minds  of  tne  jury,  in  a  manner  inconsis- 
tent with  the  nature  of  the  testimony  re- 
ceived on  the  trial.  I  am  now,  I  understand, 
in  possession  of  your  lordships  judgment  upon 
this  point. 

Mr.  Serjeant  Adair. — As  my  friend  has 
done  me  the  honour  to  advert  more  to  what 
fell  from  me  than  the  weight  of  it  seemed  to 
deserve,  I  beg  leave  to  state  and  explain  what 
I  did  say  upon  the  subject.  I  did  state,  and 
I  do  not  mean  to  retract  it,  that  the  part  of 
the  letter  which  I  alluded  to,  when  I  spoke, 
was  not  the  ground  upon  which  we  offered  it 
to  vour  Iprdshios,  and  would  not,  of  itself, 
make  that  cviaence  against  the  prisoner; 
but  I  did  never  state,  that  if  there  was  that  in 
the  letter,  upon  the  ground  of  which  I  con- 
tended it  was  proper  evidence,  as  applicable 
evidence  to  the  charge  against  the  prisoner, 
that  the  whole  context  ot  that  letter  should 
not  be  taken  together,  in  order  to  show  the 
intention  of  the  parties  who  are  implicated  in 
that  design.  I  have  never  admitted  that. 
But  his  lordship  has  certainly  truly  said,  that 
my  admission  does  not  preclude  any  other 
gentleman  arguing  upon  that  ground.  I 
wished  to  repeat  what  it  was  that  I  did  state, 
that  I  might  not  be  accused  of  having  admit- 
ted that  which  I  never  admitted. 

Mr.  Bearcroft. — I  have  received  this  inter- 
ruption with  tne  greatest  patience,  because  it 
is  made  by  a  counsel  for  a  man  now  trying  for 
his  life ;  if  it  had  been  made  in  any  other 
place,  and  in  a  civil  cause,  I  could  not  have 
forborne  instantly  to  express  my  astonishment 
at  the  gross  irregularity  of  the  interruption ; 
because  I  conceive  it  is  not  only  the  privilege, 
but  it  is  absolutely  the  duty  of  a  counsel, 
when  he  is  arguing  upon  the  admissibility  of 
evidence,  to  state  that  evidence  to  the  Court. 
If,  it  can,  by  any  other  means,  be  argued,  my 
learned  friend  will  be  so  goiHi  as  tell  me 
how  that  is  to  be  performed,  for  I  really  can- 
not conceive. 

Lord  Ciiief  Justice  Eyre. — ^The  counsel  is  to 
open  the  nature  of  the  evidence. 

Mr.  Erskine. — I  am  in  possession  of  the 
judgment  of  the  Court  on  that  which  Mr. 
Bearcrott  calls  an  interruption. 

Mr.  Bearcroft. — I  am  certainly  aware,  that 
it  may  be  done  in  that  shape  of  opening  the 
nature  of  the  evidence ;  but  with  great  sub- 
mission to  the  Court,  I  conceive  that  was  pre- 
cisely what  I  was  going  to  do.  I  do  conceive, 
with  gr^t  deference,  that  it  would  be  ex- 
treme^ improper  in  me  to  be  reading  the 
evidence,  from  the  beginning  to  the  end, 
under  colour  that  that  Boould  be  necesBary  to 


Trial  of  Thomas  Hardy 


[468 
I  do 


argue  as  to  the  admissibility  of  it 
a(Cnit,that  it  is  sufiBcient;  nay,  that 
ought  not  to  be  done  tlian  to  state  the  naturt 
of  It ;  but  I  conceive  that  the  nature  of  that 
part  of  it,  which  I  pouit  out  as  one  of  the 
main  grounds  of  the  admissibility  of  thb  lei* 
ter,  are  certain  particular  expressions  made 
use  of  in  it.  What  strikes  me,  at  this  mo- 
ment, is  (contained  in  two  lines  and  a  half  :-— 
''  Nay,  I  am  told  a  woman, moved  and  seduced 
by  the  instigation  of  the  devil,  and  trutoroudy 
intendmg,  &c.  did,  in  St.  JamesVpark,  take 
off  her  patten,  and  threw  it.  with  all  her 
force,  whereby  the  glass  of  the  state  coach 
was  broken,  and  his  msqesty  put  in  fear. 
God  save  the  king;  for,  if,  &:c.  as  Genald 
says,"— 

I  do  submit  to  the  Court,  that  this  is  impor- 
tant evidence  to  the  very  point  of  tlic  inoici- 
ment ;  namely,  for  the  purpose  of  showing  a 
mischievous  intention  to  the  king.  Because 
this  is  a  letter  from  one  of  the  conspirators  to 
another  of  the  conspirators,  exulting  in  the 
transaction,  enjoy'mg  it,  and  stating  it  as  good 
news,  for  his  purpose,  to  his  brother  conspi- 
rator. That  is  the  light,  with  great  submis- 
sion, in  which  it  strikes  me.  I  conceive  that 
that  is  an  additional  ground  upon  which  this 
letter  is  admissible. 

Mr.  Bower.—l  should  be  ashamed  to  troiK 
blc  the  court  with  a  word  upon  this  objectiol^ 
for  the  sake  of  the  piece  of  evidence  that  is 
now  in  my  hand,  because  it  does  not  appeal^ 
of  itself,  to  be  of  so  much  importance  as  to 
demand  so  much  attention  ;  but  it  will  be  of 
very  considerable  consequence  in  the  course 
of  these  trials,  if  a  piece  of  evidence,  oflfered 
to  the  court  under  the  circumstances  in  which 
we  offer  this  letter,  should  not  be  considered^as 
good  evidence. 

I  will  attend  to  what  your  lordship  sug- 
gested, that  the  duty  of  counsel  is  to  open  ue 
tendency  of  the  evidence,  at  the  time  it  is 
oflcrcd  and  objected  to;  and,  with  great 
deference  to  my  friends  who  have  gone  be- 
fore me,  I  du  not  think  that  they  have  opened 
the  tendency  of  that  part  of  this  letter,  which 
appears  to  me  to  be  material,  and  to  be  an 
inaisputable  ground  why  it  should  be  received 
in  evidence. 

I  must  beg  your  lordships  to  advert  to  tlie 
state  of  the  present  cause.  We  have  already 
proved,  as  against  the  prisoner,  a  paper, 
signed  with  the  name  ot  John  Martin,  as 
chairman,  at  a  meeting  of  the  society  of  whicfa 
he  himself  is  secrcUiry.  This  paper  wai 
brought  home  to  him  by  evidence,  and  by 
which  he,  therefore,  admits,  that  Martin  was 
the  chairman  of  that  meeting ;  the  date  of  the 
letter,  which  I  hold  in  my  hand,  is  the  39d  ol 
January,  1794 ;  it  is  subseouent  to  the  period 
of  that  convention  in  Scotland,  of  which  we 
have  heard  so  much,  and  it  is  relative  to  tlnl 
convention.  The  letter  which  I  want  to  lead 
now  is  from  Mr.  Martin,  who  we  have  proved 
to  be  so  connected  with  Mr.  UardjTp  to  thdr 
delegate  in  Scotlaodi  who  was  al  thai  timci^in 


Mff] 


for  High  Treason. 


A.  D.  1794. 


[470 


oMisequence  of  the  interposition  of  the  ciyil 
Biagistratey  in  confinement,  as  it  appears,  to  en- 
courage him  to  proceed  in  these  ettbrts,  which 
he  was  sent  there  to  attempt,  by  telling  iiim 
that  subscriptions  will  now  be  raised,  which 
will  be  an  assistance  to  him,  and  by  informing 
kim  that  it  may  be  thought  advisable  to 
have  ajiother  meeting  here,  in  a  commodious 
plaoe^  for  the  purpose  of  carrying  into  effect 
the  views  of  the  convention,  wKich  the  magis- 
tracy of  that  country  intemipted.  That  is 
the  tendency  of  the  greatest  part  of  the  letter, 
which  we  now  offer  to  the  Court ;  and  if  we 
have  brought  ourselves  into  the  situation  of 
ihowingy  as  I  trust  we  have,  that  Mr.  Hardy 
has  admitted  Mr.  Martin  to  be  chairman  of 
the  Corresponding  Society ;  if  we  have  proved 
that  the  object  of  that  society  was  to  accom- 
plish certain  purposes ;  when  I  say  we  have 
proved,  I  take  it  we  have  given  evidence  to 
prove  it;  if  we  have  proved,  that  the  objects 
0f  tint  society  were,  to  carry  certain  purposes 
into  effect,  by  means  of  the  convention  ;  if  wc 
ihov  incitement  from  a  person  proved  to  be 
connected  with  the  prisoner  in  the  way  Mar- 
tin has  been  proved,  to  proceed  in  those  steps 
which  are  the  objects  of  that  convention,  and 
to  persevere  in  those  measures,  which  were 
the  measures  used  to  bring  about  the  ultimate 
nrposes  of  that  convention,  we  may  prove  a 
direct  act,  done  in  furtherance  of  that  con- 
ipincjy  by  showing  a  direct  incitement,  by  a 
ktter  in  the  very  words  of  the  overt  act 
charged  in  this  indictment,  to  persevere,  and 
go  on  with  that  conduct,  which  was  to  lead 
to  the  ultimate  end  that  the  society  had  in 


Lord  Chief  Justice  £yrf.— I  understand 
that  this  letter  is  not  proved  ever  to  have 
tone  to  the  hands  of  Marearot ;  you  call  it  a 
letter;  it  is,  in  truth,  merely  a  paper,  in  Mar- 
tffl's  hand-writing. 

Mr.  Bomtr, — ^The  argument  would,  perhaps, 
be  stronger,  if  it  had  come  to  his  hands ;  but, 
vith  great  submission  to  your  lordship,  it  is 
eridrace  of  the  intent  of  this  Mr.  Martin  to 
encourage  tiie  party,  who  appears  to  have 
ten  intended  to  have  been  addressed  bv  this 
letter,  in  the  general  purposes  for  which  this 
society  has  been  established,  and  which  they 
wen  going  to  carry  into  effect ;  but  it  is  not 
80  strong,  to  be  sure,  as  if  I  could  prove  that 
it  arrived  at  Margarot's  possession,  oecause,  I 
tike  it,  that  would  put  it  out  of  all  doubt ;  but 
say  letter,  written  from  a  conspirator  in  the 
conneiion  we  have  proved  Mr.  Martin  to  be, 
having  proved  him  to  be  chairman  of  that 
very  meeting,  the  object  of  this  letter  being 
toesdte  the  person  to  whom  it  was  written, 
to  persevere  in  these  measures,  and  to  forward 
those  purposes,  which  wc  have  proved  the 
society  had  in  view,  and  that  Martin,  the 
■Mn  who  writes  this  letter,  particularly  had 
in  view,  by  the  transactions  at  the  Glol)c 
tsvcm,  b  not,  I  conceive,  a  recital  of  any 
thing  that  has  passed,  but  a  direct  incitement 
to  go  on  with  that  act,  which  we  are  about  to 


prove,  as  being  the  act  intended  by  this 
society  to  be  carried  into  effect,  by  the  ^oint 
or  individual  efforts  of  the  members  ot  the 
society.  It  does  appear  to  me  to  be  mate* 
rial,  that  we  should  now  know  whether  or  no, 
when  we  have  established  an  intimate  con-, 
ncxion  between  Martin  and  the  prisoner, 
that  an  act  done  by  Martin,  in  direct  further- 
ance and  prosecution  of  the  main  design, 
should  not  be  admitted  as  evidence  against 
the  prisoner,  though  we  have  given  evidence, 
that  they  were  connected  in  the  individual 
and  particular  act  which  is  the  subject  of  the 
evidence  that  has  been  offered.  I  submit  to 
your  lordships,  that  this  is  evidence  which, 
in  this  stage  of  the  cause,  ought  to  be  re- 
ceived ;  and  it  is  not  for  the  materiality  of 
this  piece  of  evidence,  but  for  the  sake  of  the 
principle  that  we  wish  to  have  estabhshed. 

Mr.  Law. — ^The  ground  upon  which  I  meant 
to  address  your  lordships  has  been,  in  a  great 
degree,  anticipated  by  what  has  fallen  from  Mr. 
Bower. — In  considering  whether  any  written 
evidence,  in  general,  is  admissible,  I  will  consi- 
der, first,  what  is  the  relation  between  the  party 
who  wrote  this  letter,  the  person  to  whom  it 
is  written,  and  the  party  to  be  affected  by  it, 
— ^There  has  been  evidence  to  prove,  that 
there  existed  in  the  members  of  this  society, 
a  conspiracy  to  subvert  the  government;  then 
I  submit  to  your  lordships,  that,  having  laid 
that  ground,  it  is  in  the  ordinary  course  of 
proceeding  to  give  evidence  of  the  detached 
acts  of  any  one  individual,  conducing  to  the 
general  end  and  purpose  to  be  effected  by  the 
general  conspiracy. 

Then  what  is  this  act  ?  And  is  it  an  act 
which  falls  within  any  of  the  overt-acts 
charged  upon  the  face  of  the  indictment? — 
1  thmk  it  is  peculiarly  applicable  to  that 
overt-act  which  states  that  they  composed 
and  wrote,  and  caused  to  be  composed  and 
written,  divers  books,  pamphlets,  letters,  &c. 
containing  incitements,  encoura^ments,  and 
exhortations,  for  the  purpose  oiaccomplish- 
ing  this  object  of  holding  a  convention,  for 
the  purpose  of  deposing  and  ultimately  pro- 
curing the  death  of  his  majesty.  Now  is 
this  letter  in  furtherance  of  that  object  ?  it 
contains  the  common  incitements  and  exhorta- 
tions of  this  sort;  it  encourages  him  to  per- 
severe, and  states  as  a  ground  why  be  should 
persevere,  that  the  funds  of  the  society  were 
increasing ;  that  their  numbers  were  increas- 
ing ;  and  that  their  prospect  of  success  was 
increasing.  That  being  stated  (for  I  am  not 
i  at  liberty  to  detail  the  particular  contents  of 
I  the  letter),  as  the  subject  and  object  of  the 
I  letter :  the  only  question  is,  whctlier  such  a 
letter  as  that,  of  which  it  may  be  predicated, 
that  it  contains  an  exhortation  and  incitement 
to  this  object,  is  or  not  to  be  received  in  evi- 
dence. I  conceive  there  can  be  no  doubt  it 
is  an  excitement  and  exhortation  upon  this 
subject,  and  if  it  be  that  it  is  admissible. 

Mr.  Erskine, — My  lord,  unless  I  mistake 
the  cause,  and  the  stage  we  arc  iiu^N  axvvi^ 


47 1 J         35  GEOilGE  111. 

at  in  it,  this  is  novel.  I  think  I  may  call  it  a 
phenomenon  in  the  history  of  trials  for  high 
treason,  and  in  the  practice  of  a  court  of 
justice.  My  lord,  standing  here  towards  the 
middle  of  the  second  day,  I  must  appeal  to 
the  honour  of  the  Court,  and  to  the  candour 
of  the  bar,  whether  we  who  are  of  counsel  for 
the  prisoner  have  not  been  extremely  reader, — 
perhaps,  readier  than  we  might  altogether  jus- 
tify to  our  client  in  a  capital  case, — ^in  permit- 
ting the  reception  of  evidence,  having  troubled 
your  lordships  with  no  arguments,  having 
asked  hardly  a  single  question  of  any  witness 
that  has  been  sworn.  I  am  persuaded,  when 
your  lordships  recollect  the  course  that  this 
cause  has  taken,  that  you  cannot  but  see  that 
we  should  have  made  no  sort  of  objection  to 
tlie  reading  of  this  letter,  had  it  contained 
nothing  more  than  my  learned  friend  Mr. 
(iarrow  very  decently,  in  my  opinion,  and 
very  properly  stated  to  the  Court,  considering 
and  properly  considering,  that  though  the 
Court  might  be  involved  in  the  difficulty  in 
reading  a  part  of  a  letter,  which  part  could 
in  no  mstance  be  evidence  against  the  pri- 
soner, yet  that  the  technicality  of  the  evidence 
might  unfortunately  call  upon  your  lordships 
to  direct  a  jury  to  do  that  which  a  judge 
cannot  direct  a  jury  to  do,  because  human 
nature  will  not  permit  the  accomplishment  of 
it — to  discharge  from  their  minds  the  recol- 
lection of  what  they  have  heard.  My  friend 
did,  therefore,  properly  not  even  open  the 
generality  of  that  part  of  the  letter ;  but  what 
nave  I  in  this  cause  to  do  with  any  thing  that 
Mr.  Martin  micht  write,  and  which  may 
appear  for  any  uiing  I  know  to  be  an  unpub- 
lished letter  in  Mr.  Martin's  possession,  and 
therefore  upon  no  principle  of  law  to  be  evi- 
dence at  all.  I  conceived  that  we  were 
debating  it  as  far  as  related  to  the  prosecution 
of  what  was  called  a  plot  and  conspiracy; 
namely,  that  which  was  published  in  all  the 
newspapers,  and  which  your  lordships  have 
been  cn^«iged  two  days  in  hearing  read.  I  nmst 
be  a  fool  to  btand  here  and  object  to  reading 
a  paper  which  contains  nothing  more  than 
what  the  jury  have  been  employed  two  days 
of  their  precious  time  in  hearing ;  but  so  it 
went  on,  and  at  last  Mr.  Serjeant  Adair  said, 
that,  which  if  it  had  been  said  at  first,  I  would 
have  waved  my  objection,  and  the  jury  should 
have  heard  the  letter,  and  that  part  would 
have  been  crossed  out,  or  the  officer  would 
liave  been  desired  not  to  read  it;  and  I  defy 
any  man  of  common  sense  to  say  he  could 
suppose  I  should  object  to  it.  Do  not  let  any 
man  explain  away  that  which  I  did  say,  and 
that  which  the  honourable  and  learned  serjeant 
stated,  with  the  sense  that  belongs  to  him, 
and  the  humanity  which,  I  trust,  will  ever 
accompany  that  sense.  He  stated  that  he 
did  not  mean  to  insist  upon  the  jury  hearing 
those  lines  read :  he  thought  they  ought  not 
to  hear  them. 

Then  comes  the  next  learned  counsel,  and 
he  makes  not  a  single  observation  upon  any 


Trial  of  Thomas  Hardif 


C472 


other  part  of  the  letter  which  is  stated  to  be 
in  furtherance  of  that  which  is  called  the 
conspiracy;  but  he  fastens  upon  that,  and 
proposes  to  read  that  which  the  counsel  who 
went  before  him  admitted  was  no  evidence 
against  my  client.  I  stood  up  to  object,  not 
to  interrupt.  I  stand  here  to  object  when- 
ever there  is  a  legal  objection  open  to  me.  I 
had  your  lordships  judgment  for  the  founda- 
tion of  my  objection;  but  my  friend  paid  no 
regard  to  your  lordships  iudgment :  ror  after 
I  was  (Kissessed  of  vour  lordships  judgmentt 
he  went  on  and  read  the  very  words  against 
the  reading  of  which  I  objected ;  and  having 
done  so,  he  kindly  tells  me  that  as  I  am  coun- 
sel in  a  criminal  case,  he  receives  my  inter- 
ruption with  a  gentleness  with  which  he 
would  not  receive  such  an  interruption  in  a 
civil  cause.  He  savs  this  after  he  has  done 
that  which  is  illegal,  and  has  not  been  stop- 
ped in  the  doing  it,  though  I  objected  to  it, 
and  was  in  possession  of  the  judgment  of  the 
Court. 

My  lords,  this  is  no  trifling  matter,  ^ve 
me  leave  to  say,  I  stand  here  for  the  lite  of 
an  innocent  man ;  and  I  stand  here  for  the 
law  and  constitution  of  England,  and  I  will 
STiffcr  nothing  to  be  done  while  I  stand  here 
that  is  not  consonant  to  both.  Tlien  where 
arc  we  got  lu  now  in  the  debate  ?  We  are 
got  to  that  which  fills  me  with  alarm  and  ap- 
prehension ;  it  is  an  object  of  a  magnitude  so 
great,  so  mighty,  and  what  I  am  so  unaccus- 
tomed to  consider,  that  I  hardly  know  how  to 
grapple  with  it,  or  how  to  address  myself  to 
your  lordships. 

It  is  truly  stated  too  by  the  learned  Serjeant 
that  what  the  crown  profess  to  make  out  by 
the  evidence  they  have  been  offering  to  your 
lordships  for  a  great  season  is,  that  Mr.  Hardy 
was  engaged  in  a  conspiracy.  Why  is  that 
unfortunate  man  at  the  hur  to  be  the  only 
victim  of  a  conspiracy  ?  I  do  not  mean  the 
only  one ;  there  are  eight  or  ten  indicted  with 
him.  How  many  thousands  of  his  majesty's 
subjects  are  meant  to  be  hruugiit  to  this  place 
I  cannot  tell ;  for  the  conspiracy  that  is  al- 
leged goes  to  the  members  of  every  one  of 
the  societies.  I  say,  in  my  judgment,  upon 
the  evidence  that  is  before  tlie  Court,  every 
man  who  has  been  a  member  of  these  Corres- 
ponding Societies ;  who  has  been  a  member 
of  this  Constitutional  Society ;  every  roan 
who  has  been  connected  with  those  acts,  if 
the  arts  constitute  a  conspiracy  to  subvert  the 
government,  is  liable  to  he  put  into  the  same 
situation  with  Mr.  Hardy ;  and  any  thing  that 
is  written  by  any  one  person  belonging  to 
either  of  these  societies  would  be  equally  evi- 
dence against  him. 

The  whole  distinction  seems  to  be  this, 
and  that  distinction  seems  misunderstood.  I 
agree  with  Mr.  Solicitor  General  in  what  he 
said,  with  regard  to  lord  Stafford's  case, 
founding  itselfas  far  as  relates  to  acts.  Now 
if  this  had  been  within  the  scope  of  the  busi- 
ness under  examination,  an  act  done  by  Mar- 


47J] 


fof  High  Treason* 


A.  D.  1794. 


[474 


g^iot  and  by  Martin,  I  shall  admit  that  such 
ict  done  would  be  evidence  against  the  pri- 
toner ;  but  I  am  objecting  to  a  letter,  more 
especially  a  letter  that  never  found  its  way  to 
the  person  to  whom  it  was  written;  that  it 
was  ever  intended  for  Mr.  Margarot,  as  far 
as  the  evidence  goes,  we  do  not  know ;  but 
by  the  contents  of  which  letter  we  are  sought 
Id  be  affected. 

Now  there  b  only  one  thing  I  am  anxious 
about.  I  wish  to  submit  it  to  the  justice  and 
to  the  discretion  of  this  Court.  Suppose  part 
Qf  this  letter  is  evidence,  and  part  otit  is  not 
evidence,  is  that  part  which  is  not  evidence  to 
be  read? 

It  happens  every  day  that  your  lordships 
direct  nart  of  an  answer  to  an  interrogatory  to 
be  read  in  a  court  of  equity ;  but  you  wall  not 
allow  other  parts  to  be  read,  because  they  are 
not  admissible  evidence.  Now  "M  that  I  ob- 
ject to  is,  the  reading  this  account  of  an  old 
woman  throwing  her  patten  at  the  king's 
coach ;  it  is  something  so  perfectly  ridiculous ; 
that  aman's  writing  such  a  trumpery  anecdote 
as  that,  should  afi'ect  a  man  trying  for  his  life 
in  such  a  case  as  this,  it  would  be  an  insult  to 
suppose ;  but  at  the  saiue  time  it  appears  to 
lue  to  be  a  dangerous  precedent,  to  allow  any 
thing  to  be  read  as  evidence  which  has  no 
connesion  with  the  transaction  before  die 
Court,  but  is  a  mere  flippancy,  which  the 
writer  of  a  letter  happens  to  put  into  it ; 
which  letter  has  in  it  matter  that  may  become 
evidence. 

Lord  Chief  Justice  Eyre, — ^This  question 
bu  flone  into  a  er^t  length  of  discussion ; 
but  I  blame  nobody,  as  there  was  some  differ- 
ence of  opinion  in  the  Court  upon  the  former 
oocuion ;  therefore  it  required  that  this  ques- 
tUm  should  be  more  fully  discussed. 

I  agree  with  Mr.  Bearcrofl,  that  he  has 
stated  truly  what  the  nature  of  this  question 
is ;  namely,  that  if  this  were  merely  a  trial 
for  a  conspiracy,  this  would  be  evidence 
against  one  of  the  parties  in  that  conspiracy, 
hMause  the  question,  whether  this  prisoner  is 
to  be  reached  upon  the  specific  charge  against 
bim,  is,  undoubtedly,  a  question,  whether  he 
is  to  be  reached  by  that  medium ;  and  if  the 
medium  is  once  established,  that  question 
arises,  upon  which  I  will  say  no  more  at  pre- 
lent. 

It  is  perfectly  clear  that  in  the  case  of  a 
conspiracy,  the  general  evidence  of  the  thing 
conspired  is  given  in  evidence,  and  tlien  the 
party  who  is  at  present  brought  before  a  court 
of  justice  to  answer  for  it  is  to  be  affected  for 
his  share  in  it ;  the  question  then  is,  whether 
a  paper  under  the  hand  of  a  person,  who  is 
proved  to  be  one  of  the  conspirators,  shall  be 
received  in  evidence,  where  it  is  nothing  more 
than  a  paper  under  his  hand  ?  For,  as  1  take 
it,  as  this  case  stands,  it  is  not  a  letter  sent  to 
Margarot.  There  is  no  proof  tliat  Margaret 
ever  received  any  such  letter. ;  and,  therefore, 
it  may  be  a  paper  merely  written  privately  by 
•Manin,  whg  is  the  person  in  whose  hand- 


writing it  is  stated  to  be,  and  may  ncVer  have 
gone  out  of  his  hands.  The  question  is^  whe- 
ther under  these  circumstances  such  a  paper 
j  is  to  be  admitted  in  evidence,  in  a  case  in 
which  another  person  now  stands  at  the 
bar;  and, I  confess,  that  this  does  not  ap- 
pear to  me  to  be  sufficiently  distinguished 
from  the  case  which  we  Just  now  determined, 
to  satisfy  my  mind  that  it  ought  to  be  received 
in  evidence. 

It  is  undoubtedly  true,  that  the  general 
plot  is  to  he  made  out  by  proving  the  trans- 
actions of  others,  to  which  the  pnsoner  at  the 
bar  may  not  be  immediately  a  party;  but 
then,  how  is  it  to  be  proved?  Is  it  to  be 
proved  by  the  mere  acknowledgment  of  these 
other  parties,  and  so  made  use  of  against  the 
prisoner  now  at  the  bar  ^  For  instance,  here 
IS  a  conspiracy  charged.  Suppose  a  witness 
should  come  and  say,  I  heard  Thelwall  say 
that  he  was  ensaged  in  such  a  conspiracy ; 
and  I  heard  IViartin  say  he  was  engaged  m 
such  ia  conspiracy ;  and  I  heard  Margarot  say 
he  was  engaged  m  such  a  conspiracy.  My 
present  apprehension  is,  that  that  would  be 
extremely  good  evidence  personally  against 
the  parties,  who  said  it  to  prove  agamst  them 
individually,  that  they  were  concerned  in  that 
conspiracy,  but  that  it  would  be  no  evidence 
whatever  against  third  persons,  as  was  Uie 
case  on  lord  Stafford's  trial.  A  witness  prov- 
ed that  he  heard  A.  B.  and  C.  converse  upon 
the  subject  of  a  conspiracy;  that  is  a  direct 
proof  that  these  three  persons  conspired,  and 
there  the  conversation  of  one  is  evidence 
against  the  other,  and  so  on;  that  is  evidence 
of  a  transaction,  a  fact,  not  hear-say  evidence; 
and  not  evidence  of  a  party's  acknowledg- 
ment, only  inasmuch  as  it  is  an  acknowledg- 
ment by  one  in  the  presence  of  the  others, 
they  acquiescing,  and  therefore  becomes  dis- 
tinct ana  proper  evidence.  But  I  have  al- 
ways taken  it  that  with  regard  to  these  perso- 
nal acknowledgments  of  tutvinjg  meant  to  in- 
cite,— for  that  IS  the  nature  ot  this  letter-*-I 
have  always  taken  it  that  that  was  proper 
evidence,  if  the  party  who  was  to  be  affected 
by  it  happened  to  stand  at  the  bar  to  answer 
for  it:  but  if  another  person  was  indicted  by 
himself,  tliat  there  could  be  no  evidence  re- 
ceived against  that  person,  but  the  evidence 
of  facts  proved  by  the  witnesses,  who  prove 
the  existence  of  the  facts  in  rcaular  evi- 
dence :  confessional  evidence  is  aa  hominem 
only.  If  it  happens  that  a  matter  of  fact  is 
evidence  against  A,  by  evidence  of  the  truth  of 
that  fact,  other  than  the  confession  of  A,  that 
does  also  become  evidence  against  B,  from 
the  circumstance  of  B  being  connected  in  the 
plot,  and  B  being  bound  bv  all  that  A  has 
done.  But  the  course  that  lias  been  observed 
in  the  State  Trials  that  I  have  read,  has  been 
tiiat  confessions  have  been  made  evidence 
azainst  the  individuals  only  who  confessed, 
lliisisofthe  nature  of  confession,  and  no- 
thing more ;  that  has  been  considered  as  evi- 
dence only  against  the  party,  and  ii  mot  ^  \s^ 


rec< 

m 


recdved  i/vbcre  that  party  Is  nat  the  person 

fore  the  Court, 

Lord  Chief  Baron  Macdcnald.-^Oa  the  last 
__  leBlion  before  the  Court  I  confined  what  I 
sakJ  to  the  exact  circumstance  of  the  casc^ 
namely,  that  the  bare  relation  of  acts  by  one 
of  several  persons  to  whom  the  conspiracy  is 
imputed  to  a  perfect  stranger  to  that  conspi- 
racy, is  no  more  than  an  admission  which 
may  possibly  afiect  himself,  but  cannot  possi- 
bly affect  any  of  his  co-conspirators,  it  not  be- 
ing an  act  done  in  the  prosecution  of  that 
conspiracy.  But,  I  confess,  there  appears  to 
me  a  material  distinction  in  this  case.  This 
is  a  paper  which  is  addressed  by  one  of  seve- 
ral conspirators  to  another  of  those  conspira- 
tors; it  ts  introduced  as  subservient  to  the 
proof  of  the  general  nature  and  tendency  of 
that  conspiracy,  which  is  alleged  and  endea- 
voured to  be  proved  as  the  foundation  of  af- 
fecting the  prisoner  with  a  share  in  that  con- 
spiracy. 

Kow  it  seems  to  me  that  one  conspirator 
addressing  a  paper  to  another  conspirator, 
having  relation  to  that  conspiracy  (not  merely 
a  bare  ^description  to  a  stranger),  that  one  of 
them  addressing  that  paper  to  the  other  is  an 
act  complete  in  that  single  conspirator,  al- 
though that  paper  should  be  intercepted,  or 
although  it  never  should  reach  that  person 
for  whose  perusal  it  was  intended  ;  that  dis- 
tinguishes this  from  the  other  case  ;  it  is  a 
diflercnt  act  in  one,  though  it  does  not  reach 
the  other  in  that  sense  ;  it  is  an  act  by  one 
of  the  conspirators,  which  in  order  to  show 
the  nature  and  tendency  of  that  conspiracy 
may  be  read  as  against  any  other. 

Mr.  Baron  Hotham, — I  remain  of  opinion 
that  in  the  lastcasic,  the  letter  then  offered  in 
evidence  ou^ht  not  to  have  been  suffered  to 
be  read.  Tttat  letter,  however,  I  consider  as 
a  very  different  letter  from  this ;  it  was  en- 
closing some  songs,  supposed  to  have  been 
sung  at  a  race  ling,  sent  to  a  totally  indiffe- 
rent person,  and  that  was  all  that  it  contained. 
This  letter  is  written  by  a  man  who  has  been 
proved  to  be  the  chairman  of  tiie  meeting  at 
the  Globe-tavern ;  it  is  stated  to  be  written 
to,  though  nut  received  by,  Margarot,  who 
has  been  proved  to  be  the"  delegate  sent  by 
that  meeting  into  Scotland ;  and  it  is  stated  to 
contain  matters  respectmg  his  particular  mis- 
sion to  Edinburgh.  It  Ts  stated  to  contain 
matters  of  incitement,  and  encouragement  to 
him  to  proceed  in  the  cause  in  which  he  was 
engageo ;  namely,  in  the  cause  in  w  hich  he 
was  engaged  by  llie  procurement*  by  the  con- 
sent, andljy  the  direction  of  that  meeting  in 
London ;  and  that  meeting  in  London  nas 
been  proved  to  be  composed  of  the  prisoner 
at  tht:  oar,  of  the  writer  of  this  letter,  and  bis 
correspondent  to  whom  it  was  mtended  to  be 
ient,  together  with  many  others. 

Now,  therefore*  I  m  consider  this  as 
strong  evidence,  to  show  that  one  of  that 
meetmg  so  blended  together  as  Uicy  ore  with 
the  prijfoner,  sending  »udi  a  letter  lending  to 


sJcgate  to 
tbev  haA      i 

th<^|Ha 


ition^j 
hidflH 

tiof^H 


incite  and  encourage  their  own  delegate  to 
proceed  in  the  business,  upon  which  tb 
particularly  sent  him,  and  for  which  th^ 
especially  commissioned  him  and  erapc 
him  to  act,  ought  to  be  admitted  as  evidencof 
to  prove  the  sense  of  these  conspirators,  who 
were  also  proved  to  have  been  together  upon 
that  day. 

Mr.  Justice  BuKer, — ^The  case  to  which 
alluded  just  now  was,  that  of  William  loi 
Russell/  where  my  lord  Howard,  in  his  e 
minalion,  goes  very  much  at  larjge  into  c 
dence  of  what  passed  between  him  and  loi 
Shaftesbury;  and  in  parts  of  that  evidence 
goes  on  to  say  that  he  supposed  these 
were  told  to  lord  Russell ;  that  lord  ' 

properly  objects  to :  he  says  it  ishearsL^,  

does  not  affect  him,f  but  it  is  part  of  the  evi- 
dence which  is  given,  and  you  tind  much  re- 
lied upon  by  the  chief  justice:^  in  sumoiing 
up  to  the  jury,  with  a  view  to  that  question^ 
which  I  just  now  stated^  as  the  first  whii ' 
presses  in  point  of  order,  and  which  qucstii 
m  my  opinion,  is  always  to  be  distinct  froi 
the  second  question ;  namely,  whether  it 
or  does  not  immediately  aflect  the  prisom 
The  evidence  given  there  by  lord  Howard  is, 
that  in  a  conversation  with  lord  Shaflesbuiy, 
he  a&ked  him  what  forces  he  had,  to  which 
lord  Shaftesbury  answered,  that  he  had 
enough,  that  ten  thousand  brisk  boys  were 
ready  to  follow  him  whenever  he  held  up  his 
finger* 

When  this  is  summed^up,  the  chief  justice 
states  it  to  the  jury,  repeating  these  vpon" 
as  evidence  of  a  consult,  but  that  it  does  m 
affect  lord  RusselL 

Then  how  stands  the  case  here }  The  first 
question  to  be  ma<le  out  is,  that  there  was 
some  conspiracy  to  affect  the  life  of  the  kmg^ 
— ^To  make  out  that  question  you  must 
evidence  of  what  was  done  by  other 
When  established,  I  agree  that  that 
ntit  affect  tlie  prisoner,  but  it  i&neo 
to  show  that  there  was  such  a  conspii 
foot,  and  then  you  go  on  to  the  sccon 
tion,  to  see  whether  there  is  or  is  not  e 
to  prove  that  this  prisoner  was  acting  a 
that  conspiracy.  Now  it  seems  to  mi 
the  question  will  stand  a  little  clearer,  If 
suppose  that  a  conspiracy  of  the  nature  C' 
tended  for  on  the  part  of  the  prosecution  hi 
gone  on  without  the  intervention  ut  such 
convention,  as  has  been  here  proved,  by 
sons  who  were  in  Uic  habit  of  committt 
their  resolutions  to  writing,  if  such  a  com 
nation  had  existed,  how  in  tlte  nature 
things  could  it  be  made  out,  but  by  thcdecli 
rations  and  the  conversations  of  those  who 
were  parties  to  it^  And  it  seems  to  nit  tbait 
the  way  in  which  my  brother  Adair 
this  question,  is  a  material  one^  suppose 

•  See  it  in  this  Collection,  Vol  9,  p^  5?  7 

t  Sec  Vol.  9,  p.  608, 

J  Pemberton* 

§  See  the  sumnuog  up,  Vol*  9,  p  635. 


J 


477] 


for  High  Treason* 


A.  D.  1794>. 


[478 


equivocal  expression  were  used,  should  not  I 
prove  by  conversation  of  persons  there  how 
they  understood  it :  it  is  evidence  that  they 
meant  that  their  plan  should  go  to  such  an 
eitent,  then  it  becomes  a  secondary  question, 
whether  the  prisoner  so  understood  it  or  not : 
it  is  an  expression  equivocal,  and  if  it  is  proved 
on  the  part  of  the  prosecution  that  some 
meant  to  go  to  that  extent,  it  is  open  to  the 
prisoner  to  say  it  was  not  so  meant  by  me, 
nor  did  I  so  understand  it.  But  the  question 
is  now  not  upon  the  effect  of  the  evidence,  but 
whether  it  ought  or  not  to  be  received ;  and 
inasmuch  as^it  goes  to  the  existence  of  a  con- 
sfnn/^,  it  seems  to  me  that  it  must  be  re- 
ceived. What  effect  it  will  have  must  be 
eonsidered  hereafter. 

Mr.  Justice  Gro$^. — I  am  of  opinion  this 
evidence  must  be  received  for  the  purpose  of 
showing   that  there  was  a  conspiracy,  and 
of  what  nature  that  conspiracy  was.    In  this 
case  the  address  has  just  now  been  produced 
and  read ;  and  in  that  address  it  appears  that 
Martin  was  the  chairman,  the  prisoner  the  se- 
cretary, and  that  there  was  a  correspondence, 
both  between  the  prisoner  and  Margaret,  and 
between  Martin  aud  Margaret;  that  compli- 
cates or  implicates  these  three  persons  in  a 
business  of  this  sort.    Then  is  it  not  very  ma- 
terial for  us  to  hear  for  the  purpose  of  show- 
iog  the  nature  of  the  conspiracy,  the   extent 
aiu  the  intention  of  the  parties,  what  one  con- 
spintor  writes  to  the  other,  respecting  these 
very  acts  that  arc  done  in  the  course  of  trans- 
actions relative  to  this  very  plan  ?    And  when 
itb  said  that  this  is  merely  a  confession  or  a 
writing,  I  think  it  is  more  because  we  know 
Tery  well  that  in  many  circumstances  of  this 
sort  it  has  been  determined  that,  scrihere  ett 
tgere  ;  and  the  writing  here  is  an  act,  and  it 
is  such  an  act  as  may  show  the  extent  of  the 
plan,  that  there  was  a  plan,  it  may  show  for 
any  thing  I  know  the  intention  of  the  parties 
to  that  plan.    I  confess,  therefore,  I  am  of 
opinion  that  this  evidence  ought  to  be  read. 

Lord  Chief  Justice  Eyre— Then  now  you 
will  read  it. 

Mr.  William  Walker  (sworn)— Examined  by 
Mr.  Garrow. 

I  believe  you  are  an  attorney  ? — Yes. 

Are  you  acquainted  with  Mr.  John  Martin  i 
—lam. 

Are  you  acquainted  with  his  character  of 
hand- writing  ? — i  am. 

Be  so  good  as  louk  at  that  letter,  and  tell 
me  whether  the  whole  of  it,  in  your  judgment, 
is  bis  writing,  particularly  the  signature ;  do 
jou  believe  that  to  be  Mr.  Martin's  hand- 
wriluig?— I  do. 

Be  so  good  as  louk  at  the  superscription,  do 
}rou  believe  that  likewise  to  be  his  hand-  wri- 
ting?—I  do. 

[It  was  read. J 
"  mchmond  Buildings  Jan,  22,  1794. 

"  My  dear  sir: — ^I  dare  say  you  thiuk  I  have 
ftr^  j0Ui  from  my  not  liavmg  written  to  you. 


but  you  know  my  sentiments  so  well  that  it  was 
unnecessary  for  me,  and  would  probabl^r  have 
been  improper  to  say  much  on  the  subject  of 
your  mission;  and  with  regard  to  lord  Ed- 
ward, I  have  not  been  able  to  get  any  thing 
like  a  settlement.  To-morrow  is  the  first 
day  of  the  term,  when  I  shall  rule  the  sheriff 
to  return  the  writ  of  summons. 

''  We  had  a  meeting  on  Monday.  I  was  in 
the  chair.  The  newspaper  gives  our  numbm 
at  500,  but  we  were  nearer  1^500.  Every 
thing  was  well  conducted,  that  is  to  say,  regu- 
larly ;  and  the  nroceedinss  were  tolerably  uSd. 
Mr^  Hardy,  I  aare  sav,  has  sent  you  a  copy  of 
the  address  and  resolution. 

*'  Your  conduct  receives  universal  approba- 
tion ;  and  though  I  at  one  time  dreaded  the 
want  of  money,  yet  that  is  now  over.  Those 
who  opposed  the  subscription  at  first,  are  now 
putting  their  hands  to  the  very  bottom  of  their 
pockets,  and  swear  by  God  you  shall  be  sup» 
ported  with  the  last  guinea.  We  must  have 
another  general  meetmg  in  a  chapel  or  some 
large  pla^e,  and  declare  the  purpose  of  a  sub- 
scription, and,  I  think,  we  shall  get  plenty  of 
the  needful  for  that  and  other  purposes.  Have 
you  read  my  letter  to  lord  Lauderdale  ?  Do 
you  incline  to  try  the  writ  of  error  ?  What 
do  the  Scotch  lawyers  think  of  it  ?  Aind  what 
do  you  think  of  the  leeal  knowledge  of  my 
countrymen  ?  I  firmly  oelieve  that  the  law 
is  the  only  science  of  which  they  know  no- 
thing. 

"  The  king  went  yesterday  to  meet  his  par- 
liament. They  sat  till  six  o'clock  this  mor- 
ning. The  papers  are  not  out ;  but  I  am  told 
only  twelve  members  were  for  peace.  I  am 
glad  the  minister  has  so  ereat  a  majority 
within  doors  for  the  war«  and  that  the  people 
have  a  greater  majority  without  doors  against 
the  war.  The  swinish  rogues  had  the  impu- 
dence to  write,  no  war,  on  all  the  doors  and 
corners  of  the  Houses  of  Lords  and  Commons; 
and  they  had  even  the  audacity  to  groan  and 
hiss  while  his  most  sacred  majesty  was  pass* 
ing  to,  and  from,  tlie  House.  Nay,  I  am  told, 
a  woman,  moved  and  seduced  bv  the  instiga- 
tion of  the  devil,  and  traitorously  intending^ 
&c.  did,  in  St.  James's  Park,  take  off  her  patten 
and  threw  it  with  all  her  force  at  his  majesty, 
whereby  the  glass  of  the  state-coach  was  bro- 
ken, and  his  majesty  put  in  fear.  God  save 
the  king,  for  if,  &c.  (as  Gerrald  says), 

<'  1  am  happy  to  find  you  are  in  good  spirits 
suffering  the  mild  and  just  sentence  of  the 
law.  You  may  remember  that  I  told  you  to 
be  thankful  if  you  were  not  hanged. 

"  The  society  is  increasing  rapidly  both  in 
spirit  and  in  numbers;  and  the  rich  now  be- 
gm  to  come  among  us,  and  to  sit  down  with 

f pleasure  among  the  honest  men  with  Uie 
cathern  aprons. 

<'  I  could  write  to  you  strange  things,  but  I 
know  not  but  this  may  be  rc£ui  by  somebody 
before  it  comes  to  your  hands,  therefore  ex- 
cuse the  nonsense. 
*'  I  think  there  is  a  struggle  between  Mrs. 


479] 


35  GEOBGB  IIL 


Trial  of  T/imas  Hardy 


[480 


Margarot  and  vou,  who  shall  bear  this  \vith 
greater  fortitude,  and  that  those  who  suffer 
Uie  least  feel  the  most.  When  I  read  your 
letter  to  the  ^neral  meeUn^  I  could^sce  the 
tear  starting  in  the  eyes  of  Uie  honest  men  to 
whom  it  was  addressed,  and  the  succeeding 
groans  helped  to  relieve  their  swoln  hearts. 

^  I  think  you  should  execute  a  power  of  at^ 
tomey  to  some  person,  authoriung  him  to  act 
for  you  generally,  in  case  you  should  be  hur- 
ried away.  And  if  you  think  well  of  the  writ 
of  error,  give  me  an  authority,  and  I  will  im- 
mediately set  about  it. 

<*  Between  us,  Muir  and  Palmer  have  put 
themselves  into  the  hands  of  the  opposition, 
who,  I  fear,  will  use  their  case  no  farther  than 
as  an  argument  to  help  themselves  into  admi- 
nistration. 

^  Mrs.  Martin  desires  me  to  say  more  fur 
her  than  I  have  room.  Were  it  not  that  you 
are  safe  enoueh,  and  all  of  us  married,  I 
would  almost  think  her  in  love ;  but  it  is  with 
your  conduct  more  than  your  person,  adieu. 
Believe  me  to  be,  my  dear  sir,  your  sincere 
friend,  and  fellow-citizen, 

"J.Martin.'' 

^<  Citizen  Gay  says  more  than  I  dare  write. 
You  know  the  frank  sincerity  of  that  citizen, 
and  if  either  prayers  or  any  thin^  else  in  his 
power  is  wantmg  it  may  be  depended  on. 

'^  To  Citizen  Maurice  Marfl;arot,  Tolbooth, 
Edinburgh" 

Mr.  John  Gurnell. — I  found  this  paper  at 
Ilardy^s  house. 

[It  was  read.] 

«  Tolbooth  Januarif  24,  1794. 

"  Dear  Hardy ; — I  liave  just  received  your 
letter,  dated  (by  mistake  I  suppose)  the  19th, 
giving  me  an  account  of  the  amner,  of  llam- 
say,  and  inclosing  a  10/.  note.  I  thank  you, 
my  valuable  friend,  for  the  kind  concern  you 
show ;  but  I  wish  the  society  may  not  forget 
me  altogether :  however,  should  they,  I  am 
determined  to  pursue  the  same  line  of  conduct 
even  if  I  must  pursue  it  alone.  I  will,  how- 
ever, remark  to  you  in  private,  and  this  letter 
is  meant  as  a  private  one,  and  you  may  make 
what  use  you  think  fit  of  it,  that  the  Sheflield 
Society  have  behaved  far  differently  from  our 
own,  towards  their  delec;ate,  and  even  towards 
his  family.  Ifyou  publish  my  trial,  it  might 
be  necessary  to  place  a  print  m(  my  handsome 
figure  in  front,  if  so,  Mrs.  Margarot  can  fur- 
nish you  with  a  miniature,  whence  an  engrav- 
ing can  be  taken ;  if  that  is  done,  pray  let  the 
engraver  put  into  my  hand  the  papier,  con- 
taining the  questions  to  the  lord  justice  Clerk, 
and  let  the  last  of  them  be  legible,  viz.  Did 
3'ou  not  say,  thai  the  mob  would  be  the  bet- 
ter for  losing  a  little  blood  ? 

*^  It  will  have  a  great  effect  on  the  public 
mind :  I  was  going  to  write  a  preface  to  the 
trial,  but  on  reading  tiie  account  of  the  meet- 
ing at  the  Globe  Uvem^  I  thought  it  might  be 


better  for  the  society  themselves  to  say  some- 
thing on  that  head ;  but  I  must  again  observi^ 
that  the  Sheffield  people  seem  more  in  earsh 
est  than  the  Londoners.  Pray  write  to  Nor-t 
wich  :  I  hope  Sutton  has  paid  that  bill;  if  so 
let  Mrs.  M.  send  me  15/.  of  it,  and  af^er  pay- 
ing you,  keep  the  remainder :  I  ask  for  that 
money,  because  I  am  in  arrears  here  more 
than  the  socieW  has  sent  me ;  I  will  endea* 
vour,  if  I  can  collect  a  few  of  the  extraordinaiy 
expenses  to  send  you  a  list  of  them.  Since 
my  last,  we  have  nad  an  additional  padlock 

?ut  upon  our  door,  and  the  captain  of  the 
'olbooth  is  not  intrusted  with  the  keys  at 
night,  but  delivers  them  to  the  magistrates, 
and  calls  for  them  again  in  the  mornine. 
Every  thing  here  shows  fear  on  the  one  hand, 
and  discontent  nearly  ripe  on  the  other:  here 
they  make  no  dinners,  but  yet  they  meet.  It 
appears,  that  worthy  Skirving  was  unnoticed  in 
your  cups ;  the  Scotch  ladies,  however,  are 
more  kmd  than  the  I^ndon  Corresponding 
Society;  and  in  the  effects  of  their  regard  for 
him,  I  partake.  Gerrald  is  not  yet  arrived.  I 
sent  the  society  (by  the  way  of  Sheffield)  a  copy 
ofScott*s  indictment;  they  will  make  what 
use  they  think  proper  of  it.  Has  Martin  done 
any  thing  for  me  ?  The  duke  of  Portland,  now 
that  he  joins  ministry,  and  coalesces  with  the 
landed  gentlemen,  ought  to  pa^  that  bill  for 
his  brother,  lord  Ed^^u^  Bentinck,  or  they 
both  ought  to  be  exposed  to  the  world,  and 
the  abuse  of  parliamentary  seat-jobbing  made 
more  public.  Armed  associations  are,  1  per- 
ceive, now  set  on  foot  by  the  rich,  wherefore 
should  not  the  poor  do  the  same?  Are  you 
to  wait  patiently  until  90,000  Hessians  and 
Hanoverians  come  to  cut  your  throats? — and 
will  you  stretch  forth  your  necks,  Uke  lambs, 
to  the  butcher's  knife,  and,  like  lambs,  con- 
tent yourselves  with  bleating?  Pray  let  me 
hear  from  you  soon  ;  remember  me  to  Mof- 
fatt,  Muir,'^Palmer,and  all  suffering  brethren, 
your's,  "  M.  M. 

"  Pray  deliver  the  inclosed,  and  show  her 
this.'' 

"  Mr.  Tliomas  Hardy,  No.  9  Piccadilly, 
London." 

Mr.  John  GurnelL — I  found  this  paper  at 
Hardy's  house. 

[It  ^vas  read.] 

"  Bristol,  January  28,  J  794. 
'*  Fellow  Citizens ; — I  am  again  authorized 
to  write  to  you,  signifying  the  ^gratitude  of 
our  society  for  your  second  epistle,  which 
came  to  my  hands  the  3rd  instant     Aftor 
reading  its  contents,  I  collected  as  many  of 
our  friends  as  I  conveniently  could  that  eYen- 
ing  : — we  read — we  blushed— we  took  eaom. 
rage ;  we  did  more,  for  we  molved  p"  •- 
sembhng,  as  %re  had  ■pt' 
determination  w>  — 
intend  p 


*  fit  High  fVwftHt. 

7.    this  is  vffcded^  we 

loyou.    Framthe 

i^itLtc  wr  havr  had  In* 

uf  Mr.   Maraarot,  and 

ti  years  iraiisj»orUlioR. 

l^e  nrr  ut  a  los«>  in  it>rmmg  a 

nirl^iin  I,   lie  ciiuse  Iti  which  we, 

,  ;\rc  embarked,  nor  would  we  b* 

:    .  u  such  *ienlemci».    You  sec,  citi- 

icoa*  ^uur  secuud  ci»i^t)e  has  quickened  oiir 

oourmge*    iui<l    vivified  our   patriutism,    and 

iind  Bior«,  our  uum 


*•  R  I7W. 


t48« 


rouMduato 
bcr  i»  now 


€ 


ty  i»>^reased.     Perhaps 

1  eater  Uiing^  stills 

-His  a  virluous— 

i!         1         i  ,  .  :iub«?  in  which  we 

lULtlir^'lv  '■■inl':i:'i  i:'i  ;   -.n'liJ  thutlgh,  fur 

In  bul  a  iceble  one,  yet 
s  mighty — is  energclic  ; 
I  .ni!  t.rossper.    It  IS  our 
fer  *  them,  that 

pal:  ;     !       1     ffic  majority  of 

qiir  city.  We  expected  to  have  had  the  dozen 
of  the  En^lii^hrncn's  Hip^ht^^  which  yoia  men- 
tioaed  '    — Hope  you  will 

tisul  tiw  .ic,teJ!ow  citizens, 

yourf^sLQcereiy, 

**  The  Bristol  Society  for 
Con&titutionai  lufurmaiion,  6lcJ^ 
"Mr. Thomas  Hardy, 
I»i>,  1»,  Picc*dilly,  London/* 

Mr.  Gnrrtfit. — Here  are  a  great  number  of 
itcd  circular  letters. 

Edn^rd  Lauiun>-^1  found   them   at 
\y*%  hou»e. 

[One  of  tliem  was  read,] 

dtJfens!  -The  critical   monjent   is  ar- 
ns  must  vither  assert  with 
■s  their  claims  to  liberty,  or 
,|i»t>iit  rebi stance,    to  the  chains  t^iat 
"nl   usurpation   is  forging  for  them. 
(operate  with  us  in  the  only  peate- 
ry that  now  pre5ients  itself  with  any 
i*cces^?     We  need  nut  intimiite 
[jolwithslanding  the  ynparallele<) 
1*1  ;s  corrupt  and  overbearing  faction, 
^hich  at  present  irnniples  on  Uie  righrsand 
r^f  oplc,  our  meetings  cannot  in 
lupied  wiihuul  the  previous 
iveuti^'n-bill,  a  measure  H  is 
\i*\e,  that  the  lies  of  union 
imly  drawn,  and  the  ^enti- 
i;iriews  of  the   different   socieiies 
he  nation  be  cumpiired,  while  it 
'  r,  so  as  to  guide  and  direct 
^n-iof  the  friends  to  freedom, 
riiontnore;    and  let  us 
uss  of    this  important 
'      '  "mi  with 

iices,wc 
t  ui  liberty/ 
isi  Hes»iana 
:  ud  \  and,  if 
«  arraod  bw* 
:  (I  tiipoii  ua  ' 


let  us  form  then  anoll»er  Brili«ih  Coftvention ; 
we  have  a  centrnl  situation  in  our  virw^  whicttl 
we  believe  would  he  most  conveinent  for  thirl 
whole  island  i  hui  which  we  tbrhi'ar  to  met] 
tion  (inirej.Uit^  >«iur  confidence  in  thi^  partwl 
cular)  tiil  we  have  the  aoiswer  of  the  >orietie 
with  which  we  are  in  rorrespondenre. 
us  have  your  atnswer  then,  by  the  "lUth  a|j 
fartliest — earlier,  if  pi*ssihle,  wfvelher  you  ap«f 
prove  of  the  meaMire^  and  how  m^ny  dei 
gates  vou  can  send,  with  the  number  also, 
possible,  ot  your  8<jcielie5,- — We  remain  your%l 
in  civic  affection,  the  London  Correspond ingf 
Society,  Thomas  Ha»DY,  secretary."   .  r 

4 

•*  For  the  management  of  this  business  w^ 
have  appointed  a  secret  committee  ;  you  wii^ 
judge  how  far  it  is  necessary  for  you  tu  do  (he^ 
same/^ 

Alcjander  Grant    said,    he    believed  thi 
foUowing  letter  to  be  the  prisoner's  hand^ 
writing, 

[It  was  read.] 

*'  London,  March  12M,  17^4* 
*'  Citizen  Buckle ;— I  have  just  lime  to  ia^ 
form  you  that  I  saw  our  worthy  delegate^ 
citizen  Margnrot,  lai.t  Friday,  t>n  boarcTih 
Surprize  Transport,  at  Spithead^  about  fivj 
miles  from  Portsmouth  Harbour. -lie  is  ii|l 
good  health  and  high  spirits,  no  ways  dM 
pressed,  although  Providence  seems  tomrwD);] 
— he  is  conscious  of  having  broken  no  faw  in  I 
this  country,  hut  only  doing  his  doty  as  evorjpl 
good  citizen  i^  bound  to  do,  for  pruauitint;  th»l 
happiness  of  his  fellow  men, by  op|>uMng  every" 
measure,  and  any  man,  thai  wautmjly  viotatea 
all  laws,  human  and  divine.-^Ile  Iiuh  the  con- 
solation in  his  own  brea&t,  as  tvcry  honest 
man  will  have,  when  he  reflects,  thnl  Ik  i^  pot 
Hufferin^  for  evil  doins:,  although  the  enemie* 
of  nrdukind   arc   puuii^hing   hmi   as  an  evil 
doer  ;— but,  iiccorcling  to  humnn  apjTcarance. 
theietgnol  the  beast  of  civil  and  ecclesiastical 
power  is  almost  at  an  end. — Thanks  Co  tha 
supreme   kuler  of  the  universe  for  his  great 
eutxiness   hitherto^  and  the  bright  prospecl 
before  us, 

**  I  delivered  the  twenty  pounds  you  gaye 
me  for  his  use,  into  hia  hund;  it  was  very 
seasonable.  —  This  moment  a  friend  hat 
shown  me  a  letter  from  Muir,  in(om»ing  him, 
that  the  convoy  has  hoisted  her  signal  for 
sailing;  and  I  am  afraid^  by  this  time,  the/ 
are  gone  from  Portsmouth :  jf  so,  ih«iy  are 
without  many  oece^%2l^ies  that  were  preptirinft 
for  them. — I  saw  the  rapt^im  ;  he  appt  nr^  to! 
be  a  very  cood  kind  of  man,  itnd  ht<irs  ai 
excellent  character. — 1  l»opc  you  will  ejtcua 
me  enterinii  mtu  detail  further,  for  I  have  no| 
aJiotber  minute  to  spare,—  If  any  friend  yoiJ 
can  trust  come  to  town,  I  will  give  him  a  full 
account*— What  thiok  yoaof  a  convention^ 
Faicwcli,  TiioMAS  Hahj^v/* 

Mr.  John  OumelL^l  found  thase  papers  j 
Liardy'>>  J  louse. 

2  I 


'4&] 


35  GEORGE  III. 


Trial  of  nomas  Wordy 


[«* 


[They  were  read.] 

'*  Fellow  Citizens,— The  Society  in  StiStha- 
ven  received  your  circular  letter  some  time  ago^ 
respecting  another  British  Convention,  to  be 
held  in  England;  and  finding  it  would  be  in* 
convenient  for  them  to  send  a  delegate  for 
themselves  alone,  the  cause  being  much  sup- 
pressed here  by  prosecutions,  which  we  are 
subjected  to  from  the  petty  sheriffs  in  our 
neighbourhood,  we  have  united  ourselves  with 
the  societies  in  Kilmarnock,  Galston,  New- 
mills,  and  Dorvill ;  accordingly  a  meeting  of 
ilclccates  from  these  societies,  and  that  in 
StraUiaven,  was  convened  on  the  first  current, 
where  the  measure  met  with  the  fullest  appro- 
iKition,  and  a  delegate  was  elected  for  the  ge- 
neral convention,  and  a  secret  committee  ap- 
pointed to  conduct  the  business. — You  will, 
tlterefore,  forward  your  orders  to  us,  when 
and  where  the  convention  is  to  meet  with  any 
other  instructions  or  information  you  may 
judge  necessary ;  we  shall  instruct  our  dele- 
gate, respecting  the  number  and  strength  of 
our  societies,  and  are  happy  to  fraternize  with 
you  in  any  thing  that  may  tend  to  promote 
the  gcncnu  gooclT  Wc  remain  your's,  in  the 
cause  of  literty,  for  the  united  societies  as 
above, 

**  Alex.  Mi Tcu ELL,  secretary. 

«  Strathaven, 
SHh  April,  1794. 

**  For  the  London  Corresponding  Society. 
^  Direct  to  Alex.  Mitchell,  Manufacturer, 

Strathaven,  coimty  of  Lanark. 
**  Mr.  T.  Hardy,  Shoemaker, 

No.  9,  Piccadilly,  London." 

•*  Natcastle-upon-TynCf  94th  April,  1794. 

^  By  desire  of  a  number  of  friends  to  a  ra- 
dical reform  in  the  constitution  here,  I  make 
firee  to  trouble  you  — We  live  in  a  place  where 
an  aristocrat  magistracy  endeavours  to  stop 
the  genial  and  benign  spirit  of  national  liberty 
from  spreading,  notwithstanding  a  very  great 
number  are  &und  here  that  dare  assert  the 
natural  and  unalienable  rights  of  man,  and  , 
bear  their  testimony  against  the  tyrannical 
encroachments  of  assumed  puwer  on  those 
rights. — A  good  number  have  formed  them- 
selves into  societies,  and  meet  weekly,  admit- 
ting none  but  known  friends;  and  have  as- 
sumed no  name  but  that  of  Newspaper-com- 
panies; these  were  in  great  spirits  while  the 
British  Convention  contmued  to  act,  but  after 
their  suppression,  a  damp  was  cast  on  the 
whole.— -Subscriptions  were  ready  to  be  sent 
off  the  very  night  they  were  suppressed,  and 
the  Gazetteer  stoppecL  which  has  since  been 
remitted  to  London,  for  the  use  of  the  perse- 
cuted worthies,  Muir  and  Palmer. — ^iBeing 
charmed  with  your  masterly  and  k)old  appro- 
bation of  the  conduct  of  your  delegate!  wad 
noble  martyrs  for  truth,  Margarot  wad 
raid,  and  find  your  name  fogaid  SeaH 
the  Corresponding  Society,  woiriib.1 


your  example ;  and  beg,  if  you  think  us  worth 
your  notice,  give  us  your  views  and  intention^ 
as  soon  as  convenient,  which,  I  hope,  will  be 
a  means  to  stimulate  and  increase  our  nnta^ 
hers.  Lest  this  should  not  come  to  you,  as  I 
have  an  uncertain  direction,!  forbear  troubling 
you  more  at  present,  in  hopes  of  being  fii*. 
voured  with  your  future  comespondence.r- 
Farewell,  hoping  the  hvdra  of  tyranny  and 
imposition  shall  soon  fall  under  the  guillotine 
of  truth  and  reason. — Your*s,  with-  all  due 
respect,  &c. 
*'  Mr.  Harding,  Na  9,  or  19, 
Piccadilly,  London." 

Mr.  GarroK. — ^Thi-S  which  was  found  in 
Hardy's  possession,  purports  to  be  an  answer 
to  the  last. 

«  \U  May,  1794. 

**  Citizen ; — It  is  with  pleasure  the  Londoa 
Corresponding  Society  hear  that  a  society  on 
a  similar  plan,  and  with  the  same  patriotic 
objects  in  view,  is  likely  to  be  established  at 
Newcastle-upon-Tyne.  If  ever  a  crisis  ar» 
rived  that  required  the  exertions  of  the  people* 
to  stofi  the  torrent  of  corruption,  infamy,  and 
despotism  that  seems  likely  to  overwhelm 
them,  it  is  the  present.  In  God's  name,  then; 
let  us  use  these  exertions.  We  are  called 
upon  by  every  thing  that  is  dear  to  us,  as  men 
and  as  Christians.  The  cause  of  truth  ahd 
liberty  must  finally  be  omnipotent;  thcrefoiQ 
doubt  not  that  the  glorious  reign  of  liberty 
and  equality  will  ere  long  be  cstsu>lished ;  and 
modern  governments,  with  every  appendage 
of  wickedness  and  corruption,  will  flee,  m 
time,  from  their  genial  influence,  as  beasts  of 
prey  to  their  dens  of  rapine  and  darkness  from 
the  rising  sun.  The  I^ndon  Corresponding 
Society  have  beheld  with  indignation  the 
rapid  advances  of  despotism  in  Britain,  and 
arc  ready  cordially  to  unite  with  every  other 
society  in  the  three  kingdoms,  who  have  for 
their  object  a  full  and  eflcctual  representa- 
tion of  the  jjcoplc ;  they  therefore  nave  de« 
puted  six  of  their  members  to  meet  six  of  the 
members  of  the  Society  for  Constitutional  In- 
formation, to  form  a  committee  of  corres^. 
pondcnce  and  co-operation.  This  committee 
meets  regularly  twice  a  week,  at  No.  2,  Beau- 
fort Buildings,  Strand,  where  any  member 
delegated  by  your  society  will  meet  with  every 
information  required.  *Wc  inclose  you  a  few 
of  our  rcbolutions  entered  into  at  our  general 
meeting,  on  the  14 th  of  April,  which  will  be 
siifTiciently  explanatory  of  our  sentiments  and.' 
views.  We  heartily  unite  with  you  in  wish- 
ing that  the  hydra  of  tyranny  and  imposidoa; 
may  soon  fall  under  the  guillotine  of  truth  and' 
reason."  J 

^Fellow  GitiieB'^^ 
from  our 

I 


Jhr  High  Tn<u6n, 

\  tiie  iNJblic^  iuid  us  of  our 

ibic  fwraevcranrc  in  t  i-^  cause 

of  freedom.—  This  p«^^o  ^  i  awever,  and 

Ibwrt?  t*^t?rhun*i  of  m\  i  ;  ^joctety^  can 

t>tj>      '  ^^LtclJCb  m  the  dinerenl 

|k3.i  ire  in  thetiiHtJves  dis- 

tttutcd^  or  tiu  Dut  ii  other, 

^tmeftble  lo  tlu*  ilhropy 

tnd  fmt*"  i*  '  II  iJirv  ^H  vvaniny  profess. 
UtMler  I '  c  coil  cc  I V  e  01 1 rs*'  I  ves  trca  led 

^j  aUc^i-.-  ^M  h:^^'  'TT^   tiv  your  siKielynot 
freriug  otir  J;i  tht  reasons  may 

m1 — A I  uir  "  lunchd  cnuiigh 

lo  M     (Iocs  not  a(>- 

[if  ^  It  i>oinlu<  vtcw. 

0^1  >   we  send  you  a   few 

frij  .1  *!innd  effect  and  is 

J|l(  '  e   of  many 

ffi'  pledge  there 

ttsumcilnu^  vciv  iAii  Miil  fcj.;iunable  in  the 
I»rofluction.  This  is  an  absolute  victtiry ;  and 
w»- '  nliitc  ourselves  on 

thif  iis  to  us.     With 

r  saw  an  ac^ 
I J 12*    Wc  !a* 
ilibtn  should 
assertion  ol' 
r  ri  joice  in 
e,  and 
I  Ibrra- 
anothcr  ;;;rMerHl   convention.     Utir  in- 
creajiifig  nnmiicrs  give  ns  every  reasonable 
■^       oi  stoon  being  able  more  effectually  to 
i»rtite  with  you  ;    while,  for  the  rca**ons 
\t\AA  yd  make  a  po»i- 
..ud.     We  huf)€  for  an 
i.ivour  us  with  your  oj»i- 
%  and  transmit  a  sketch  of 
*'  -  '  ruuvonlion* 

i>t  drici^atet 
'''   rjaf  So- 
li ire*  j 


iiununal  y 
/  vc  your  re 
riieral   convention. 


<iety,  ''  I 

-  Tbamas  Hardy,  No.  9,  i , 
London.'' 


*^  \<ief  i*-*,  29<A  Aprii^  1791* 

'Cf*  ;— h   i^  with  great  satis- 

mduct  ofyoii  and 
Sirn  surrounded, 
aristocracy, 
bluster,  are 
vvRiiLs?,    uur  Norfolk 
<ii  I  ing  completely  foiled 

•«  iiiT  vv-Mnv  jML.  ,ui^,  wrrc  dclernnned  lo 
■faienbr  tu  support  an   armed  aristocracy. 


thUfiuy  ten 
«i4  an  Dill  t 


tlie  meiropofb,  that  a 
i  d  no  more  than  *iOO/* 

ioned  lord  but  100/.; 

Ir-r,  and  very  fierce  for 

uormous  sum  ut*  20/. ; 

nd 

to 

sill  lake  ail 

air  biUf.  We 


A.  D.  179^*  [488 

idiould  esteem  it  a  favour  that  you  would  send 
us  a  few  of  your  late  DecJamlions, 

**  P.  S. — Many  of  otir  friends  are  fully  con- 
vinced of  the  necessity^  legality  and  rationality 
of  a  convenliou  ;  but|  4|ucryi  whettier  the 
time  be  expedient  ? 

**  James  Baog,  chatrroaa. 

"  I.  S^iRT,  Becretary*'' 

«  Ihrrjhrd,  Matj  \1th,  1794. 

"  Sir ; — I  have  repeatedly  ^een  your  name' 
in  the  newspapers,  as  secretary  lo  a  tertaia 
institution  called  the  Ijondon  Correspondmg 
Hocicly.  But  IVoci  ray  inquiries  in  the  coun- 
try, I  have  not  yet  been  able  to  acquire  a* 
kfujwledge  of  the  rules  of  the  society,  nor  the 
precise  purpose  for  which  it  has  been  esta- 
blishrd.  If  ll:j^ir  design  is  to  increase  the»^ 
knowledge  of  the  community,  I  really  think' 
it  laudahle  rmd  seasonable,  and  should  be  glad 
to  avail  myself  of  their  infurmaiion.  1  have^ 
therefore  troubled  yon  with  this  letter,  re- 
questing some  account  of  the  rules  of  the 
society,  the  object  they  have  in  view,  and  iho 
means  they  pursue  to  obtain  it.  Any  infor- 
mation of  this  sort  would  be  extremely  grati- 
fying to,  sir,  ycmr  most  humble  servant, 

''  Joseph  Poweli,- 

"  Address  to  Josrph  Powell^  surveyor;  to 
be  left  at  the  Sun  Tavern,  Hereford. 

**  Mr.  Hardy,  No.  9,  Piccadilly,  Londoo. 
**  Post  paid/' 

"  Fellow  Citiaen;— In  answer  to  yourl<?lter 
dated  the  13th  ult.  I  am  desired  to  inform 
you,  the  London  Corresponding  Society  have 
in  view  not  only  the  glorious  design  of  in* 
creasing  the  kmmttdge  ol*  tlu^  community,  but  ' 
of   rtdretiing   their   gricimncei.      'i'his    tht^y^  < 
hope  to  do  by  slriiining  every  nen'e  in  unronf 
with  other  societies  already  established^  and 
establishing,  in  every  part  of  \ht  kingdom,  to 
procure  umvcnal  sitpni^e  and  annual  purlia- 
menfi^  as  the  only  likely  means  to  annihilate 
the  present  most  abominable  system  of  cor-^^ 
ruption,  and  to  stop  the  rapid  advances  of-. 
des^olisTO — a  monster  whose  n id eous  feature*' 
need  only  be  exposed  to  render  it  an  object  of 
universal  terruf  and  detestation,  but  whose 
gaudy  trappings  have  too  long  dazzled  tlie' 
eyes  of  our  countrymen.  ^ 

**  To  expose  vice,  to  paint  virtue  in  its  trua  . 
colours,  to  acquaint  our  fellow  citizens  with , 
their  deafest  rights,  (he  rights  of  man ;  and, 
by  a  brotherly  imion,  give  them  an  opportu- 
nity o{  dcmanduig  those  rights,  are  the  '  wiffliu** 
we  use;  and  we  doubt  not,  but  in  exerting, 
those  means,  wc  arc  doing  our  duJy  to  Coa , 
and  our  country ;  for,  as  Pope  says, 
*•  Jove  fixt  it  certain,  that  whatever  day 
**  Made  man  a  slave,  took  half  his  worth  away.' 

**  VVe  invito  you,  and  your  fellow  citizcMis,  to 
join  with  us  in  the  same  glonou*^  cause,  Frotti 
us  you  may  depend  on  eviTv  infufiuaUon  and  ' 
assistance;  thtMuod*  hich,  yoii/ 

will  shortly  learn  by 

"  i,  liAiLPTj  »ccrt!ttiy« 


487]         S5  GEORGE  in. 

'  «  Herewith  yoii  receive  a  few  of  the  pro- 
ceedings of  our  last  general  meeting." 

(Iiidt.rsed)  "  Copy  of  answer  to  Hereford/' 

Mr.  Garrmr. — I  now  propose  to  read  a  letter 
from  a  society  at  Sheffield,  addressed  to  the 
prisoner;  it  does  not  appear  that  any  part  of  it 
IS  in  his  hand-writing ;  it  is  found  In  the  pos- 
session of  Thelwali,  who,  as  your  lordship  re- 
collects, appears  to  have  been  in  some  in- 
stances an  agent  of  that  London  Correspond- 
'  Society  of  which  Hardy  was  secretaiV. 
xlr.  Erskine.  The  principle  upon  whicn  the 
last  piece  of  evidence  was  admitted  was  very 
distinctly  stated  by  your  lordships,  that  it 
might  be  evidence  to  show  a  conspiracy  so 
called,  yet  would  not  go  to  affect  the  prisoner, 
unless  It  could  be  brought  home  to  him.  The 
only  remark  I  make  upon  this  is,  how  does  it 
appear  to  be  the  same  Sheffield  Societv  with 
which  this  society  was  in  correspondence? 
Is  it  written  in  the  same  hand-writing  ?  Does 
it  profess  to  be  written  by  the  same  person  i 
who  before  corresponded  witli  the  prisoner  ?     j 

Mr.  Garrow.  We  do  not  state  this  is  the 
Sheffield    society    with    which   they   corre-  | 
spqnded ;   I  state  it  to  be  from  a  society  at 
Sheffield,  with  which  town  they  were  in  cor-  i 
respond ence,  signed  by  a  person  purporting  ' 
to  be  a  secretary ;  but  if  my  friends  object  to 
it,  we  will  not  trouble  them  to  argue  it. 

Mr.  Ernkine. — I  certainly  do  object  to  it. 

Lord  Chief  Justice  Kyre. — ^I  think  this  let- 
ter is  in  a  ditferent  situation  from  the  other,  j 
It  is  a  letter  purportins  to  come  from  one  of  ! 
these  societies ;  it  is  admressed  to  the  prisoner, 
and  it  is  found  in  the  hands  of  a  person  affect- 
ed by  the  evidence,  at  least  to  involve  him  in 
this  conspiracy. 

Mr.  William  Tims  sworn  .^Examined  by  Mr. 
Garrow, 

Are  you  one  of  his  majesty's  messengers  ? 
— ^Yea. 

Did  you  seise  any  papers  at  the  house  of 
Thelwall  ?— Some  tew  that  were  on  his  per- 
son. 

You  put  your  name  on  those  that  you  seiz- 
ed?—I  did. 

Is  this  one  you  found  upon  Thelwall  F-^Itit. 

[The  letter  read.] 

"  Sheffield,  Mny  IKA,  1794. 
^  Friend  and  Fellow  Titizen; — ^The  friends 
of  peace  and  reform  in  Halifax,  having  held  a 

Sneral  public  meeting  in  the  open  air,  on 
onday,  April  21st,  1794,  at  which  were 
manv  friends  from  Leeds,  Wakefield,  Ilud- 
dersncld,  Bradford,  and  the  adjacent  nci&h- 
bourhood,  the  friends  of  freedom  afler  Uie 
roeetin;;  agreed  to  hold  a  general  meeting  of 
delegates  at  Bristol,  in  order  to  consider  on 
the  measures  to  be  adopted  by  them,  prcpa^ 
ratory  to  a  general  convention,  after  which 

our  worthy  friend,  citizen ,  of  Halite, 

being  ordered  to  Sheffield^  to  get  d|e  pnK 
Acembgs  of  the  meeting  pnnted,  ud  mnidt 


OM 


Trial  qfThomtu  Hardy 

with  us  upon  the  subject,  they  were  \ 
by  us  to  defer  at  present  the  meetiog  of  diki 
gates  until  Airther  information  from  jo»oa 
that  subject ;  I  was,  therefore,  ordered  at  ooi 
last  committee  meeting  to  write  to  vou»  i^i 
questing  the  favour  of  as  early  intelligelM 
as  possible  on  that  important  businest.  -We 
are  not  in  the  least  intimidated  ih  Sheffield, 
as  we  can  call  and  hold  a  public  meedDg 
whenever  circumstances  render  the  stm^M 
cessary:  besides  in  the  house  where  I  re- 
side,  we  have  a  large  commodious^  roon, 
where  the  society  can  peaceably  meet  in  Mto- 
tion. — By  order  of  the  committee^ 

**  William  Broombbad,  secretafy.** 

Mr.  Fi7/iaM  &af/ again  called. 

Mr.  Garrow. — ^Was  this  paper  found  in  thi 
possession  of  Mr.  Skirviog.— Yes. 

[The  paper  read.] 

^  The  delegation  from  Glasgow  moveSp  thai 
the  convention  take  into  their  consideration, 
the  nature  and  extent  of  a  resolution  adopted 
by  their  constituents,  and  by  most  of  the  raMi 
societies  in  Scotland,  and  afterwards  ratified 
and  approved  of  at  the  general  convention 
held  at  Edinburgh,  in  DMembeTi  1799 ;  the 
import  of  which  was,  that  if  any  member  ol 
their  society,  associated  for  the  purpose,  of 
obtaining  a  parUamentary  reform,  should^ 
while  in  the  legal  prosecution  of  that  object 
be  oppressed  or  persecuted  by  the  nrm  ol 
power,  they  shoula  not  only  meet  with  the 
assistance  of  the  society  to  which  they  beloi^ 
but  also  with  the  united  efforts  of  all  their  bnre- 
thrcn  in  Scotland. 

*^  Since  the  above  period,  however,  we  ars 
sorry  to  say,  several  of  our  members  have 
been  persecuted,  and  that  in  a  most  wanton 
manner ;  and  the  above  resolution  (which  il 
duly  put  in  force,  would,  we  humbly  appre- 
hend,  have  the  happy  effect  of  emboldening 
those  who  have  alr^y  come  forward,  and  of 
encouraging  others  who  have  not  yet  taken 
any  active  part  to  unite  their  efforts  in  the 
general  cause)  has  never  yet  been  attciuled  to. 

*<  We  therefore  humbly  move,  that  the  con« 
vention  take  into  consideration  the  above  par« 
ticulars,  and  consider  what  measures  may  be 
most  conducive  towards  the  performance  of 
tlie  obligation  we  lye  under,  in  consequencs 
of  that  resolution,  and  thereby  show  to  thfl 
world,  that  we  are  not  unmindful  of  those  who 
have  already  sulfered,  or  may  in  future  suftr, 
in  their  country's  cause. — By  order  of  the  de< 
legation,  Johh  Oaetlt. 

'•  Edinburgh  October  80th,  1793.* 

Mr.  Edward  Lanaun  again  called. 

Mr.  Garrow. — ^Where  did  you  find  this 
paper  ?— In  Mr.  flardy's  house. 

[The  paper  read.] 

«  Sir  ;—Yoar  letter  of  the  14lhinstenf  Mi 
dressed  to  the  chMrman  of  the  f 


xlf    -Ji'Ij4:-tl4i^;c'i 


489] 


Jw  High  treason. 


kitlnifffittfcted  I  hiN^  the  pleasure!  td  ftetid 
mm  their  retOhitkMi  <lli  the  tette.  I  have  the 
bonour  to  be^  ur,  your  most  obedient  serrant, 
"  D,  Adaus, 
'<  Secretary  to  the 
^  8of ietj  for  Consiitutiooal  loforniaUon. 
4,Toolu  Court» 
iane  19, 1798." 

'  At  a  meeting  held  Friday,  Juoe  15th,  179S. 

M  Resolved ;— That  the  secretory  be  de^reJ 
lo  ioibrm  the  seeretaiy  of  the  London  Corres- 
ponding ScKriety,  that  this  society  receive  their 
proposal  wkh  pleasure,  and  are'  willing  to  ad- 
mit such  six  of  the  members  whom  they  shall 
nomioatei  to  be  associated  members  of  this 
society. 

"  ay  direction  of  the  societv  you  will  re- 
ceive  800  printed  Resolves  on  the  late  proda- 
matlon. 

"  London  Constitutional  Society.'' 

Addressed  •"  Mr.  Hardy.'' 

Indorsed  *'  Receivf>d  June  19,  J798,  with 
900  copies  of  their  Resolutions  on  the  procla- 


^  And  acquainting  us  they  would  admit  six 
efour  members.'' 

[A  paper  shoMn  to  Alexander  Grant,  which 
he  said  ne  believed  to  be  the  Prisoner's  hand^ 
wriliDgJ 

Mr.  GarroD*. — This  seems  the  beginning  of 
the  fionnexion  of  the  two  societies. 

[The  letter  read.] 

*  !ftr}-^In  the  name  of  the  London  Corres- 
ponding SifCiety,  I  have  to  return  thanks  to 
the  Society  for  Cunstitutional  Information,  for 
their  prtrnent  of '2()0  copies  of  their  Resolutions, 
respecting  the  king's  proclamation;  as  also 
far  the  800  copies  of  Mr.  Paine*s  Letter,  &c. 
LUkewise  Mr.  Paine's  Letter  to  Mr.  secretary 
Dundas :  by  care,  in  the  distribution  of  them, 
those  600  papers  shall  be  seen  by  as  many 
thousand  persons. 

**  We  find  ourselves  highly  favoured  by 
your  readiness,  to  admit  six  of  our  members 
imons  you.  I  am  directed  to  forward  to  you 
the  following  six  names,  as  the  persons  cho- 
sen by  our  society  for  that  honourable  pur- 
pose; our  sense  of  the  favour  so  conferred, 
will  be  best  expressed  by  their  clone  attend- 
ance at  your  instructive  meetings,  and  con- 
stant endeavours  to  forwanl  the  so  bcnefirial 
tnd  so  much  wanted  reform  of  parliamentary 
representation.  I  am,  sir,  with  great  respect, 
your  very  humble  servant, 

"  TuoMAS  Uaroy,  secretary. 
«  July  6th,  1792. 
«  Mr.  D.  Adams." 

''The  six  persons  chosen  were  Mr.  Ilardy, 
Mr.  Margaret,  Mr.  Kichter,  Mr.  Littlejohn, 
Mr.  Grant,  and  Mr.  Gow." 

Mr.  Dante/  Adamt  sworn. — Examined  by  Mr. 
JBovcr. 


time  secretary  to  the 
Society  ?— Yes, 


A.  D.  179*.  [490 

Were  these  the  books  in  which  their  pro- 
ceedings for  some  time  were  entered? — ^Yes. 

Arc  the  entries  of  the  proceedings  of  the 
society  regularly  made  in  these  oooks?-*. 
Yes. 

[The  following  proceedings  were  read  from 
one  of  tlie  books.] 

At  a  meeting  held  at  the  Crown  and  An- 
chor tavern,  Strand,  Friday,  July  ISth,  1798. 

"  Prestut, 
''  Mr.  John  Martin  in  the  chah-. 
"  Mr.  Tooke,  Mr.  Frost,  Mr.  Bonner,  Mr- 
PaJne,  Dr.  Maxwell,  Mr.  Hull,  Mr.  Sharpe, 
Mr.  Pearson,  Dr.  Kentish,  Mr.  Sturch,  Mr. 
Constable,  Mr.  G.  Williams,  Mr.  Riming- 
ton,  captain  Uarwood,Mr.  Bush,  Mr.  Bush, 
junior,  Mr.  Choppin,  Mr.  Bakeweil,  Mr. 
Hind,  lord  Sempiil,  Mr.  Jennings,  Mr.  Bal- 
manno,  Mr.  Fitzgerald,  Mr.  A&ms,  Mr.  J. 
Williams,  Mr.  Chatfield. 
^  The  following  six  gentlemen  recommend- 
ed by  the  LoiKlon  Corresponding  Society,  to 
bo  associated  members  ot  this  society,  were 
unanimously  elected." 

^  Mr.  Hardy,  Mr.  Margaret,  Mr.  Richter, 
Mr.  Littlejohn,  Mr.  Grant,  and  Mr.  Gow. 

<<  At  a  meeting  of  the  society  for  Constitu- 
tional  Information,  held  at  the  Crown  ami 
Anchor-tavern,  Strand,  Friday,  July  20th, 
1798. 

"  Present, 

"  Mr.  Frost  in  the  cliair, 
"  Mr.  J.H.  Tooke,  lord  Sempiil,  Dr.  F^lwards, 
Mr.  Bonney,  Mr.  W.  Sharpe,  Mr.  J.  Wil- 
liams, Mr.  G.  Williams,  Mr.  Choppin,  Mr. 
Bailey,  col.  Keating,  Mr.  Bush,  Mr.  Stiirrh, 
Mr.  Balmanno,  Mr.Aspinal,Mr.Bush,jun. 
Mr.  Gow,  Mr.  Hardy,  Mr.  Grant,  Mr. 
Moore,  Mr.  John  Martin,  capt.  Perry,  rev. 
Dr.  Towers. 

■**  The  committee  appointed  to  take  into 
consideration  Mr.  Paine's  letter,  reported  that 
they  tliink  it  will  not  be  advisable  for  the 
society  to  undertake  the  trust. 

"  Resolved,  That  the  said  committee  hr 
now  dissolved. 

*'  Resolved,  That  a  committee  be  appointed 
to  consider  of  the  manner  in  which  the  society 
shall  communicato  to  Mr.  Paine  their  deter- 
mination concerning  his  offer  of  1,000/.,  in 
trust,  to  be  applied  as  the  society  shall  think 
proper. 

•*  Resolved,  That  the  said  committee  con* 
sist  of  Mr.  Bush,  rev.  Dr. Towers,  capt.  Perry, 
Mr.  J.  H.  Tooke,  lord  Sempiil,  Mr.  M.  Bush, 
Mr.  W.  Sharpe.  Mr.  Cho|)pin,  and  Mr.  Bal- 
manno;  and  that  the  said  committee  meet 
at  six  o'clock,  at  the  Crown  and  Anchor,  ta- 
vern." 

l^lr.  fioaer.^Tliese  books  were  among  the 
papers  that  were  seized  at  your  house  by  the 
messenger  ?— Yes. 

Were  these  books  open  to  the  inscectkua  t^ 


491] 


35  GEORGE  III. 


C49S 


th^  society  when  the  society  were  sitting  ? — 
Tiiey  were  on  the  table. 
.    Open  to  the  inspection  of  the  members? — 
Jfthey  thought  proper. 

Were  ihey  ever  read  ? — ^Thc  minutes  of  the 
former  meeiing  were  generally  read  the  first 
thing  in  the  proceedings  of  the  next. 

[The  following  entiy  was  read  from  one  of 
-    the  books  of  tlie  Society  fur  Constitutional 
•  Information.] 

'  <'  At  a  meeting  of  the  society,  held  at  the 
Crown  and  Anchor  tavero.  Strand,  Friday, 
July  sr,  1798, 

PRESENT 

Mr.  Choppin  in  the  chair, 

«  Mr.  Hull,  Mr.  Bush,  Mr.  M.  Bush,  Mr. 

Sturch,  Mr.  Williams,  Mr.  G.  Williams, 

capt.  Harwood,  Mr.  Uarvcy,  Mr.  Cow,  capt. 

Perry,  Mr.  Sinclair,  Mr.  Geddesi,  Mr.  As- 

ttinal,   Mr.  Gerard,   Mr.   Littlejohn,  Mr. 

llutt,  Mr.  Sutton,  Mr.  Moore,  Mr.  John 

Martin,  lord  Seinpill. 

**  The  committee  appointed  to  take  Mr. 
Paine*s  letter  of  the  4tn  instant  into  conside- 
ration, and  to  consider  of  the  manner  in  which 
the  society  shall  communicate  to  Mr.  Paine 
their  determination  concerning  his  offer  of 
1,000/.  in  trust,  to  be'applied  as  this  society 
ahall  think  proper,  reported  tliat  they  had 
met  on  Monoay  last,  when  they  came  to  tlie 
following  resolutions : — 

'<  That  it  is  the  opinion  of  this  committee, 
the  oftcr  of  Mr.  Paine  be  respectfully  de- 
clined. 

*•  Resolved,  That  the  following  letter  be 
recommended  by  this  committee,  to  be  trans- 
mitted by  the  society  to  Mr.  Paine : 

•*  Sir ; — I  am  directed  by  the  Society  for 
Constitutional  Information,  to  return  you 
their  sincere  thanks  for  the  honour  you  hiave 
done  them,  in  requesting  tliem  to  become 
trustees  of  the  sum  of  one  thousand  poimds, 
which  has  been  produced  by  the  profits  of 
the  sale  of  the  Kignts  of  Man,  and  leaving  it 
to  them  to  apply  it  to  such  purposes  as  tliey 
should  judge  proper.  They  have  a  just  sense 
of  the  confiaence  that  you  have  placed  in 
them,  and  of  the  generosity  and  disinterested- 
ness of  your  offer,  but  they  cannot  think  that 
it  is  an  offer  they  should  accept.  The  emi- 
nent services  which  have  been  rendered  to 
the  public  by  your  invaluable  writings,  have 
never  yet  met  with  an  adequate  reward,  and 
they  think  that  it  would  be  an  extreme  in- 
justice to  deprive  you  of  any  benefits  which 
might  be  derived  from  tlieir  sale ;  for  it  is  but 
reasonable,  that  those  who  arc  possessed  of 
literary  talents,  and  who  employ  them  to 
promote  the  happiness  of  the  community  to 
which  they  belong,  and  to  mankind  at  large, 
should  receive  those  advantages  which  may 
be  obtained  by  their  writings,  and  which  may 
be  enjoyed  with  integrity  and  honour.  But 
thouch  the  society  decline  the  offer  which 
;rou  have  been  pleased  to  nuke  them,  tbey 


TridqfThomai  Hardy 

cannot  do  it,  without,  at  the  tame  time,  ^ 
gratulating  you  upon  the  conadousDess  which 
you  must  possess  of  having  contributed,  hf, 
your  writings,  to  the  illumination  of  so  many 
millions  of^ human  bein^  in  this  coimtiy, 
America,  and  in  other  nations,  on  subjects  of 
the  highest  importance  to  the  imiveriud  free- 
dom and  happiness  of  mankind.  I  am.,  with 
great  esteem,  sir^  your  most  obedient  servant, 

"  D.  A.  secretary. 
"  To  Mr.  Thomas  Paine:* 

"  Resolved,  That  the  said  letter  be  signed 
by  the  secretary,  and  sent  to  Mr.  Paine. 

**  Resolved,  That  the  secretary  wait  On  Mr. 
Paine,  to  be  informed  by  him,  whether  it  be 
aereeabie  to  him,  that  the  two  resolotions  of 
the  committee  appointed  to  take  Mr.  Pained 
letter  of  the  4th  of  July  into  consideration, 
together  with  tlie  answer  of  the  society,  be 

Sublished  iu  the  papers,  and  that  if  Mr.  Painer 
ocs  not  disapprove  its  publication,  that  it  be 
forthwith  piibhshed  in  oifferent  papers. 

**  Adjourned  to  the  Last  Friday  in  Sep- 
tember." 

Mr.  Bmccr. — I  shall  now  call  thebooksellec 
who  published  Mr.  Paine's  book. 

Jeremiah  Samuel  Jordan  sworn. — Examined  by 
Mr.  Bower. 

Do  you  know  Mr.  Thomas  Paine  ? — Yes. 

Do  you  know  his  hand-writing  ? — I  tliink 
I  do. 

Look  at  that  letter ;  do  you  believe  tliat  to 
be  his  hand-writing?— To  the  best  of  my  re» 
collortion  this  is  Rke  his  writing;  I  never 
saw  him  write. 

Have  you  corresponded  with  him  ? — I  have 
received  notes  from  him. 

And  answered  them  ?— No. 

How  do  you  knuw  the  notes  came  from 
him?  has  he  af\erward!»  told  yuu  that  they 
were  his  notes? —  Because  I  delivered  things 
according  to  his  order,  therefore  supposed 
them  to  come  from  him ;  but  I  never  saw 
him  write,  so  as  to  take  particular  notice. 

Have  you  ever  talked  with  him  about  those 
notes,  or  of  things  that  were  sent  in  couse* 
quencc  ? — I  do  not  know  that  1  have. 

Did  you  publish,  at  any  time,  for  Mr.  Paine, 
a  work,  intituled, "  Rights  of  Man  ?*'— I  did. 

Look  at  this,  and  tell  us  whether  that  is 
the  book  that  you  published  ?— Tliis  is  one  like 
them ;  whether  this  is  one  of  the  same  books 
I  cannot  tell ;  here  is  my  name  to  it,  and  it 
is  like  that  which  I  published. 

Do  you  believe  it  to  be  one  of  the  books 
that  you  published  ? — I  believe  it  is  one  of 
the  books  that  I  might  publish. 

Mr.  Erskine.—  V>o  you  swear  to  that  book, 
that  it  is  one  you  published  ? — I  cannot  swear 
that  it  is ;  there  were  a  great  number  sold 
tliat  were  not  sold  by  me. 

Mr.  Eou^r.—Look  at  it,  and  see  whether 
it  is  one  of  the  books  vou  published  }*Uia. 
one  of  the  same  as  1  punlished  for  Blr.Fumi^ 

Is  it  like  the  book  jf^ 


49S] 


fir  Wgl*  TrtatM. 


•'  A.  D.  179*. 


[49* 


Mr.' £rifttnf.-^Is  that  the  hook  or  not? 
irthat  is  not  the  hook  I  object  to  it. 

Lwd  Chief  Justice  Eyre.— Who  printed  it? 
— ^Mr.  Chapman  printed  part  of  it  Of  the 
first  part  of  the  Rii^hts  of  Man,  Mr.  Chap- 
man* printed  the  whole.  This  is  the  second 
part. 

Mr.  Bmrer, — I  thought  yon  had  been  the 
printer? — No,  I  am  only  the  publisher. 

Mr.  White. — ^I'he  man  is  dead  that  bought 
%  and  I  must  call  a  witness  to  prove  his 
hand-writing.  That  was  proved  in  a  court  of 
justice. 

Mr.  Bover.— I  have  the  record  of  a  con- 
Tietion,  in  which  Paine  was  convicted :  this 
witness  was  examined  upon  his  oath  there, 
iod  I  can  prove  what  he  swore  then^  which  I 
submit  will  be  evidence. 

Mr.  Erikine, — ^That  was  the  king  asainst 
Mr.  Pdne ;  this  is  the  king  against  Mr.  Ilardy. 

Mr.  Garrow, — I  think  I  am  entitled,  at 
present,  to  read  this  as  evidence  to  go  to  the 
jury ;  I  know  it  is  open  to  the  other  side  to 
show  that  this  is  not  the  Rights  of  Man  re- 
cognized by  this  society.— -We  can  carry  it 
frrther. 

Lord  Chief  Justice  Eyre,  —  The  nile  of 
eridence  requires  that  you  should  carry  it 
fivther. 

Mr.  Bower. — Do  you  know  how  far  Mr. 
Chapman  printed?  —  I  believe  as  far  as 
letter  H. 

Mr.  bower. — I  will  now  read  the  proceed- 
ings of  the  Constitutional  Society,  at  their 
aeit  meeting,  on  the  '28th  of  September. 

[The  proceedings  were  read.] 

*  At  a  meeting  of  the  Society  for  Constitu- 
tioaal  Information,  held  at  the  Crown  and 
Anchor  tavern,  Strand,  Friday,  28th  of  Sep- 
tember, 179«, 

"  Present, 

*  Mr.  William  Sharp  in  the  chair ; 

•  Mr.  J.  H.  Tooke,  Mr.  Symonds,  Mr.  Walsh, 
Hr.  Bonney,  Mr.  Merry,  Mr.  Jennings, 
Mr.  John  Martin,  Mr.  Williams,  Mr.  Sturch, 
Mr.  Moore,  captain  Perry,  Mr.  Hickman, 
Mr.  Gcddes,  Mr.  Hardy,  *Mr.  Gow,  Mr. 
Margarot,  Mr.  Sinclair,  Mr.  balmanno. 

*Read  the  following  letter  from  the  secre- 
tly of  the  London  Corresponding  Society  :— 

*ToD.  Adams,  secretary  to  the  Society  for 
Constitutional  information. 

^•Sir;  —  The  London  Corresponding  So- 
ciety having  taken  the  resolution  of  transmit- 
tiof  tothe  French  National  Convention,  an 
wioress,  signed  by  all  the  members,  or  by 
Ibe  different  delegates  (each  stating  for  how 
BttDy  members  he  signs),  to  assure  that  suf- 
faing  nation,  that  we  sympathise  with  them 
« tiler  misfortunes ;  that  we  view  their  cx- 

■  ■in  i _- 

-'^^•■•W*  evidence  on  the  trial  of  Thomas 

lhtjd^,Vol.«,p.400. 


ertions  with  admiration ;  that  we  wish  to  give 
theni  all  such  countenance  and  support  as 
individuals,  unsupported  and  oppressefl  them- 
selves, can  aftbrd ;  and  that  should  those  in 
power  here— dare  (in  violation  of  the  nation's 
pledged  faith  of  neutrality,  and  in  opposition 
to  the  well-known  sentiments  of  the  peopU 
at  large)  to  join  the  German  band  of  despots, 
united  against  liberty,  we  disclaim  all  conriir- 
rence  therein;  and  will,  to  a  man,  exert 
every  justifiable  means  for  counteracting  their 
machinations  against  the  freedom  and  happi- 
ness of  mankind. 

**  I  am  ordered  by  the  committee  to  ac- 
quaint the  Society  for  Constitutional  Infor- 
mation therewith,  in  order  to  be  favoured 
with  their  opinion  thereon,  and  in  hopes 
that,  if  they  approve  the  idea,  and  recommend 
its  adoption  to  the  different  societies,  the 
publication  of  such  a  respectable  number  of - 
real  names  will  greatly  check  the  hostile 
measures  which  might  otherwise  be  put  in 
execution.  I  am,  with  great  respect,  dear 
sir,  your  very  humble  servant. 

(Signed)       "  Tuomas  Habdy,  secretary. 

«  London,  Sept.  21, 1792,— No.  9,  Piccadilly, 
near  the  top  of  the  Hay  market.^ 

^  Resolved,  that  the  secretary  express  the 
thanks  of  the  society  to  the  London  Corres- 
ponding Society  for  their  communication,  and 
acqu:iint  them  this  society  do  very  highly 
approve  of  their  intention. 

"  Ordered,  That  the  said  letter  be  read  at 
the  next  meeting,  for  the  purpose  of  consi- 
dering of  publishing  the  same. 

"  Read  a  letter  from  the  London  Corres- 
ponding Society,  enclosing  a  printed  address 
to  tlic  inhabitants  of  Great  Britain." 

Mr.  Bower. — ^There  is  in  the  meeting  of 
the  .^th,  a  confirmation  of  these  minutes. 

Mr.  Garrow. — I  shall  now  produce  a  copy 
of  one  of  the  cheap  editions  of  Painc*s  Rights 
of  Man,  and  Mr.  Paine*s  Letter  to  the  People 
of  France,  both  found  in  possession  of  the 
prisoner. 

Mr.  Edward  Lauzun  again  called. 

Mr.  Garrow. — Is  that  one  of  the  papers  you 
found  at  the  prisoner's  house  ?— Yes ;  there 
is  my  name  to  it. 

Did  you  find  the  other  there  ? — ^^'es, 

Mr.  Ertkine. — Is  your  lordship  of  opimon 
that  any  printed  book  which  is  found  m  the 
possession  of  the  prisoner  is  to  be  read. 

Lord  Chief  Justice  Eyre. — It  is  evidence  to 
be  left  to  the  jury. 

Mr.  Garrow.  —We  do  not  interrupt  the 
course  of  proceedings  by  reading  the  passages 
out  of  Painc*s  book ;  at  present  we  will  go  on 
with  other  evidence. 

Ix}rd  Chief  Justice  Eyre, — When  arc  we 
to  take  up  that }  If  we  arc  ever  to  have  if, 
we  may  as  well  have  it  now. 

Mr.  Garrow. —  Then  we  will  read  Mr, 
PaincS  Vtter  to  the  people  of  FvAWt. 


495] 


S5  GEORGE  IIL 


Trial  //  nomas  Hardy 


[496 


[It  was  read.] 

Letter  of  Thomas  Paine,  to  the  People  of 
France.  Published  and  distributed  gratis 
by  the  London  Corresponding  Society. 

"  PariSf  September  25. 
<<  (First  Year  of  the  Republic.) 
''Fellow  Citisens; — I  receive,  with  affec- 
tionate eratitude,  the  honour  which  the  late 
Nattonu  Assemblj^  has  conferred  upon  me, 
by  adopting  me  a  citizen  of  France ;  and  the 
additional  nonour  of  being  elected  by  my 
fellow-citizens  a  member  of  the  NationafCon- 
vention.  Happily  impressed,  as  I  am,  bv 
those  testimonies  of  respect  shown  towards 
me  as  an  individual,  I  feel  mv  felicity  in- 
creased by  seeing  the  barrier  broken  down 
that  divided  patriotism  by  spots  of  earth,  and 
limited  citizenship  to  the  soil,  like  vegetation. 
*^  Had  those  honours  been  conferred  in  an 
hour  of  national  tranquillity,  they  would 
have  afibrded  no  other  means  of  siiowing  ray 
afifection,  than  to  have  accepted  and  enjoyed 
them ;  but  they  come  accompanied  with  cir- 
cumstances that  give  me  the  honourable  op- 
portunity of  commencing  my  citizenship  in 
the  stormy  hour  of  difficulties.  I  come  not 
to  enjoy  repose.  Convinced  that  the  cause 
of  France  is  the  cause  of  all  mankind, 
and  that  as  liberty  cannot  be  purchased  by  a 
wish,  I  gladly  share  with  you  the  dangers 
and  honours  necessary  to  success. 

*<  I  am  well  aware  that  the  moment  of  any 
great  change,  such  as  that  accomuUshrd  on 
the  10th  ot  August,  is  unavoidably  the  mo- 
ment of  terror  and  confusion.  The  mind, 
highly  agitated  by  hope,  suspicion,  and  ap- 
prehension, continues  without  rest  till  the 
change  be  accomplished.  But  let  us  now 
look  calmly  and  confidently  furward,  and  suc- 
cess is  certain.  It  is  no  longer  the  paltry 
cause  of  kings,  or  of  this,  or  of  that  indivi- 
dual, that  culls  France  and  her  armies  into 
action.  1 1  is  the  great  cause  of  a  ll.  It  is  the 
establishment  of  a  new  a;ra,  that  shall  blot  des- 
potism from  the  earth,  and  fix,  on  the  lasting 
principles  of  peace  and  citizenship,  the  great 
republic  of  man. 

'<  It  lias  been  my  fate  to  have  borne  a  share 
in  the  commencement  and  complete  esta- 
blishment of  one  revolution  (I  meafl  the  revo- 
lution of  America).  The  success  and  events 
of  that  revolution  are  encouraging  to  us.  The 
orosperity  and  happiness  that  have  since 
flowed  to  that  country,  have  amply  rewarded 
her  for  all  the  hardships  she  endured,  and  for 
all  the  dangers  she  encountered. 

**  The  principles  on  which  that  revolution 
began,  have  extended  themselves  to  Europe ; 
ana  an  over-ruling  Providence  is  re^nerating 
the  Old  World  by  the  principles  ot  the  New. 
The  distance  of  America  from  all  the  other 
parts  of  the  globe,  did  not  admit  of  her  cvry- 
ing  those  principles  bevond  her  own  situation. 
It  is  to  toe  peculiar  honour  of  Fnmce.  that 
she  now  nwM  the  steadiud  of  lihflrtjWiU 


nations;  and  in  fightbiK  lier  own  batllesy 
contends  for  the  rights  ofall  mankind. 

**  The  same  spirit  of  fortitude  that  insured 
success  to  America,  will  insure  it  to  France, 
for  it  is  impossible  to  conquer  a  nation  deter- 
mined to  be  free  I  Tbe  military  circumstancee 
that  now  unite  themselves  to  France,  are  such 
as  the  despots  of  the  earth  know  nothing  of, 
and  can  form  no  calculation  upon  lliey 
know  not  what  it  is  to  fight  against  a  nation. 
They  have  only  been  acaistemed  to  make  war 
upon  each  otlier,  and  they  know  from  system 
and  practice,  how  to  calculate  the  pmbable 
success  of  despot  against  despot;  and  here 
their  knowledge  and  their  experience  ends. 

'<  But  in  a  contest  like  the'  present,  a  new 
and  boundless  variety  of  circumsttmees  arises, 
that  deranges  all  such  customary  calculations. 
When  a  whole  natif>n  acts  as  an  army,  the 
despot  knows  not  the  extent  of  the  power 
against  which  he  contends.  New  armies  rise 
against  him  with  the  necessity  of  the  munientr 
It  is  then  that  the  difficulties  of  an  Invading^ 
enemy  multiply,  as  in  the  former  case  they 
diminished ;  and  he  finds  them  at  their  height 
when  he  expected  them  to  end 

"  The  only  war  that  has  any  similarity  of 
circumstances  with  the  present,  is  the  bte 
revolution-war  in  America.  On  her  part,  as 
it  now  is  in  France,  it  was  a  war  of  the  whole 
nation. — There  it  was  that  the  enemy,  by  be« 
ginning  to  conquer,  put  himself  in  a  conditioa 
of  being  conquered.  His  first  victories  pre- 
pared him  for  defeat.  He  advanced  till  he 
could  not  retreat,  and  found  himself  in  the 
midst  of  a  nation  of  armies. 

«  Were  it  now  to  be  proposed  to  the  Aiis- 
trians  and  Prussians  to  escort  them  into  the 
middle  of  France,  and  there  leave  them  ta 
make  the  mo^^t  of  such  a  situation,  they 
would  see  too  much  into  the  danger  of  it  to 
accept  the  oft'er,  and  the  same  danger^i  would 
attend  them  could  they  arrive  there  by  any 
other  means.  Where  then  is  the  military 
policy  of  their  attempting  to  obtain  by  force^ 
that  which  they  would  refuse  by  choire  >  But 
to  reason  with  despots  is  throwing  reason 
away.  The  best  of  arguments  is  a  vigorous 
preparation. 

"  Man  is  ever  a  stranger  to  the  ways  by 
whicl>  Providence  regulates  the  order  of 
things.  The  interference  of  foreign  despots 
may  serve  to  introduce  into  their  own  enslaved 
countries  the  principles  they  come  to  oppose. 
Liberty  and  equality  are  blessings  too  great  to 
be  the  inheritance  of  France  alone.  It  is  ho- 
nour to  her  to  be  their  first  champion ;  and 
she  may  now  say  to  her  enemies,  with  a 
mighty  voice,  *  O !  ye  Austrians,  ye  Prus- 
'  sians !  ye  who  now  turn  your  liayonets 
^  against  us ;  it  is  for  all  Europe ;  it  is  for  all 
'  mankind,  and  not  for  France  alone,  that  sh* 
'  raises  the  standard  of  Liberty  and  Equality.' 

''The  public  cause  has  hitherto  sufiiBied 
from  the  contradictions  contained  in  the 


stitutkni  of  the  (brmer  Consutuent  Assemb^. 
Those  GOBtmiiictMiii  ta»Te  aenred  to  draw 


497] 


Jar  High  Treason. 


A.  D.  1794. 


[498 


tk^  opinions  of  individuals  at  home,  and  to 
objure  tbc  great  principles  of  the  revolution 
in  other  countries.  But  when  those  contra- 
dictions shall  be  removed,  and  the  constitu- 
tion l«  made  conformable  to  the  declaration 
pTriehts ;  wiicn  the  bagatelles  of  monarchy, 
royalty,  regen<^,  and  hereditary  succession, 
fihall  be  exposed,  with  all  their  absurdities,  a 
sew  ray  of  light  will  be  thrown  over  Uie 
world,  and  tlie  revolution  will  derive  new 
strength  by  being  universally  uuderstood. 

*'  The  scene  tliat  now  opens  itself  to  Trance 
extends  fax  beyond  tlie  boundaries  o(  her  own 
dominions.  Every  nation  is  becoming  her 
colleague,  and  every  C4)urt  is  become  her 
enemy.  It  is  now  the  cause  of  all  nations 
ftgynst  the  cause  of  all  courts.  The  terror 
tbat  despotism  felt,  clandestinely  begot  a  con- 
iederatiun  of  despots ;  and  their  attack  upon 
France  was  |)roduced  by  tlieir  fears  at  home. 

"  In  entering  on  tliis  great  scene,  greater 
than  any  nation  has  yet  been  called  to  act  in, 
lat  us  ^y  to  the  agitated  mind,  be  calm.  I^t 
us  punish  by  instructing,  rather  thau  by  re- 
venge. Let  us  begin  the  new  a'ra  by  a  great- 
ness of  friendship,  and  hail  the  approach  of 
union  and  success.    Your  fellow  citizen, 

"  TuoMAS  Paine." 

Thomas  Chapman  sworn. — Examined  by 
Mr.  Garrow. 

Wh&t  are  you  by  business  ?— A  bookseller. 

Were  you  acquainted  with  Mr.  Thomas 
ftune  ? — I  was. 

Did  vou^t  any  time  print  any  book  fur  him? 
—I  dia. 

What  was  it  ?— A  work  intituled  Rights  of 
Han. 

Did  you  print  one  or  two  parts  of  that 
node  ? — I  prmted  the  first  part  and  part  of  the 
Mcood. 

Was  it  at  tJie  earlier  part  of  the  second  part 
Myou  call  it,  or  the  latter  part  ? — ^Thc  earlier 

You  did  not  finish  it  ? — I  did  not. 

Look  at  these  two  books,  and  tell  roe  whe- 
ther you  t)elieve  these  to  be  copies  printed  by 
70u?^-I  nrinted  the  first  part  entirely. 

How  far  did  yuu  proceed  in  priutii's;  the 
second  part  ? — I  thiuk  I  printed  as  iar  as  Tetter 
K,  that  is,  I  fiuibhcd  what  we  call  the  letter 
or  lignaturc  of  sheet  I,  which  includes  the 
128th  page;  the  larger  edition,  1  hud  the 
copy  of  almost  the  whole  of  the  remaining 
put,  and  my  people  had  composed  it,  or  set 
U  up  io  the  type,  but  I  did  not  conclude  it. 

What  did  you  do  with  that  part  you  did  not 
finish? — Keturneil  it  into  the  hands  of  Mr. 
yuat  by  a  servant  ui'  mine. 

After  the  book  was  completed,  did  you  ever 
converse  with  Mr.  Paine  about  it? — I  do  not 
think  I  saw  Mr.  Paine  upon  the  business  after 
the  work  was  quite  finbhed. 

fXlie  following  passages  were  read  from 
ttsJmtpart  of  the  •*  Rights  of  Man."] 

(B%B  579  B^^*  ^^  9HI^  ^f  lS">o  editions.) 

vm^  XXIV. 


— <'  Can  then  Mr.  Burke  produce  the  English 
constitution?  If  he  cannot,  we  may  iairlv 
conclude,  that  though  it  has  been  so  mucli 
talked  about,  no  sudi  thing  as  a  constitution 
exists,  or  ever  did  exist,  and  consequently 
that  the  people  have  yet  a  coublltution  to 
form.'* 

(Page  59,  8vo.  and  page  25,  15mo.  edi- 
tions.)— *'  A  government  on  the  principles  on 
which  constitutional  governments  arisuig  out 
of  society  are  established,  cannot  have  tlie 
right  of  altering  itself.  If  it  had,  it  would  be 
I  arbitrary.  It  might  make  itself  what  it 
I  pleased ;  and  wherever  such  a  right  is  set  up, 
I  It  shows  there  is  no  constitution.  The  act  by 
which  the  Englisli  parliament  empowered 
itself  to  sit  seven  years,  shows  there  is  no 
constitution  in  England.  It  might,  by  the 
same  self-authority,  have  sat  any  greater 
number  of  years,  or  for  life.  The  Bill  which 
the  present  Mr.  Pitt  brought  into  parhament 
some  years  ago,  to  reform  parliament,  was  on 
the  same  erroneous  principle.  The  right  of 
reform  is  in  the  nation  in  its  original  charac- 
ter, and  the  coustituUonal  method  would  be 
by  a  general  convention  elected  for  the  pur- 
pose." There  is,  moreover,  a  paradox  in  the 
idea  of  vitiated  bodies  refonoing  themselves." 

(Page  63,  8vo.  and  '27,  12mo.  editions.)— 
"  Mucli  is  to  be  learned  from  the  French  con- 
stitution. Conquest  and  tyranny  transplanted 
themselves  with  William  the  Conqueror  from 
Normandy  into  England,  and  the  country  is 
yet  disfigured  with  the  marks.  May  tlien  the 
example  of  all  France  contribute  to  regene- 
rate ttie  freedom  which  a  province  of  it  de- 
stroyed !'' 

(Page  161,  avo.  and  page  74,  12mo.  edi- 
tions.y— "The  two  modes  of  government 
which  prevail  in  the  world,  are,  first,  govern- 
ment by  election  and  representation :  secondly, 
government  by  hcrrtlitary  succession.  The 
former  is  generally  known  by  the  name  of 
republic ;  the  latter  by  that  of  monarchy  and 
aristocnicy. 

"  Those  two  distinct  and  opposite  forms, 
erect  tliemselves  on  the  two  distinct  and  op- 
posite bases  of  reason  and  ignorance. — As  the 
exercise  of  government  requires  talents  and 
abilities,  and  as  talents  and  abilities  cannot 
have  hereditary  descent,  it  is  evident  tljat 
hereditary  succession  requires  a  helief  from 
man,  to  which  his  reason  cannot  subscribe, 
and  which  can  only  be  establibhed  u\Hin  his 
ignorance ;  and  the  more  ignorant  any  country 
is,  the  hotter  it  is  fitted  for  this  species  of 
government.'* 

(Page  16:),  «vo.  and  page  76,  12mo  edi- 
tions.)—" From  the  revolutions  of  America 
and  France,  and  the  symptoms  that  have 
appeared  in  other  countries,  it  is  evident  that 
the  opinion  of  the  world  is  changed  with 
respect  to  systcmis  of  government,  and  tliat. 
revolutions  are  not  witliin  the  compass  of 
political  calculations.  The  progress  of  time 
and  cirrumstan«e'>,  which  men  assign  to  the 
accomplishment    of  great    changes,   is    too 

2  K 


499] 


35  GEORGE  III. 


mechanical  to  measure  the  force  of  the  mind, 
and  the  rapidity  of  reflecliou,  by  which  revolu- 
tions arc  generated :  all  the  old  governments 
have  received  a  shock  from  those  that  already 
appear,  and  which  were  once  more  improbable, 
and  are  a  greater  subject  of  wonder,  than  a 
general  revolution  in  Europe  would  he  now. 

"  When  we  survey  the  wretched  condition 
of  man  under  the  monarchical  and  hereditary 
systems  of  government,  dragged  from  his 
home  by  one  power,  or  driven  by  another,  and 
impoverished  by  taxes  more  than  by  enemies, 
it  becomes  evident  that  those  systems  are  bad, 
and  that  a  general  revolution  in  the  principle 
and  construction  of  governments  is  necessary. 
"  What  is  government  more  than  the  man- 
agement of  theaAairs  of  a  nation?  It  is  not, 
and  from  its  nature  cannot  be,  the  properly  of 
any  particular  man  or  family,  but  of  the 
whole  community,  at  whose  expense  it  is 
supported ;  and  tliough  by  force  or  contrivance 
it  has  been  usurped  mto  an  inheritance,  the 
usurpation  cannot  alter  the  right  of  things. 
Sovereignty,  as  a  matter  of  righ^  appertains  to 
the  nation  only,  and  not  to  any  individual ; 
and  a  nation  has  at  all  times  an  inherent  in- 
defeasible right  to  abolish  any  form  of  govern- 
ment it  find«  inei^nvenient,  and  establish  such 
as  accords  with  its  interest,  disposition,  and 
happiness.  The  romantic  and  barbarous  dis- 
tinction of  men  into  kings  and  subjects,  tliough 
it  may  suit  the  condition  of  courtiers,  cannot 
thai  of  citizens ;  and  is  exploded  by  the  prin- 
ciple upon  which  governments  are  now 
founded.  Every  citizen  is  a  member  of  the 
sovereignty,  and,  as  such,  can  acknowledge  no 
personal  subjection ;  and  his  obedience  can  be 
only  to  the  laws. 

**  When  men  think  of  what  government  is, 
they  must  necessarily  suppose  it  to  possess  a 
knowledge  of  all  the  objects  and  matters  upon 
vrhicli  its  authority  is  to  be  exercised.  In  this 
view  of  government,  the  rciuiblican  system,  as 
established  bv  America  and  France,  operates 
to  embrace  tlic  whole  of  a  nation ;  and  the 
knowledge  ncccssarj-  to  the  interest  of  all  the 
parts,  is  to  be  found  in  the  centre,  which  the 
parts  by  representation  form:  but  the  old 
governments  are  on  a  construction  that  ex- 
cludes knowledge  as  well  as  happiness ;  go- 
vernment by  monks,  who  know  nothing  of 
the  world  beyond  the  walls  of  a  convent,  is  as 
consistent  as  government  by  kings. 

"  What  were  formerly  called  revolutions, 
were  little  more  than  a  change  of  persons,  or 
an  alteration  of  local  circumstances.  They 
rose  and  fell  like  things  of  course,  and  had 
nothing  in  their  existence  or  their  fate  that 
could  infltience  beyond  the  spot  that  produced 
tlicni.  Hut  what  we  now  see  in  the  world, 
from  the  revolutions  of  America  and  France, 
is  a  renovation  of  the  natural  order  of  things, 
a  system  of  princi]>lcs  as  universal  as  truth 
and  the  existence  of  man,  and  combining 
moral  with  political  happiness  and  natioDU 
prosperity. 
<'  1.  Men  are  born  und  aimgfseoiilHiiii^ 


Trial  of  Thomas  Hardy  [500 

and  equal  in  respect  of  their  rig%tt.  Civil 
distinctiontf  therefore,  can  be  founded  only  a^ 
public  utility, 

"  2.  The  end  of  all  political  auodations  U 
the  preservation  of  the  natural  and  impretcrip* 
tibte  rights  of  man  ;  and  these  rights  are  liber  ty, 
property,  security,  and  resistance  of  oppresiion,- 

**  3.  The  nation  is  essentially  the  source  of  all 
sovereignty  ;  nor  can  an^  individual,  or  any 
BODY  OF  MEN,  bc  entitled  to  any  authority  wlUck 
is  not  expressly  defivedfrom  it** 

(Page  171,  8vo.  and  page  78,  12mo.  edi- 
tions.^-"  As  it  is  not  difhcult  to  perceive, 
from  the  enlightened  state  of  mankind,  that 
hereditary  governments  arc  verging  to  their 
decline,  and  that  revolutions  on  the  brrad 
basis  of  national  sovereignty,  and  eovemment 
by  representation,  are  making  their  way  in 
Europe,  it  would  be  an  act  of  wisdom  to  anti- 
cipate their  approach,  and  produce  revolutions 
by  reason  and  accommodation,  rather  than 
commit  them  to  the  issue  of  convulsions. 

*'  From  what  we  now  see,  nothing  of  reform 
in  the  ix>litical  world  ought  to  be  held  impro- 
bable. It  is  an  age  of  revolutions,  in  which 
every  thine  may  be  looked  for.  The  intrigue 
of  courts,  by  which  the  system  of  war  is  kept 
up,  may  provoke  a  confederation  of  nations  to 
abolish  it:  and  an  European  congress,  to 
patronize  the  pron^ress  of  free  government,  and 
promote  the  civilization  of  nations  with  each 
other,  is  an  event  nearer  in  probability,  than 
once  were  the  revolutions  and  alhance  of 
France  and  America." 

[The  following  passages  were  read  from  the 
Second  I'art  of  the  "  llighU  of  Man."] 

(Page  21,  8vo.  edition.) — "All  hereditary 
government  is,  in  its  nature,  tyranny. — An 
neritable  crown,  or  an  heritable  throne,  or  by 
what  other  fanciful  name  such  things  may  be 
called,  have  no  other  significant  explanation 
than  that  mankind  are  heritable  property. 
To  inherit  a  government  is  to  inherit  U»e 
people,  as  if  they  were  flocks  and  herds." 

(Page  27,  8vo.  edition.) — "  How  irrational 
then  is  the  hereditary  system,  which  establishes 
channels  of  power,  in  company  with  which 
wisdom  refuses  to  flow. — By  continuing  this 
absurdity,  man  is  perpetually  in  contraciiction 
with  himself;  he  accepts,  for  a  king,  or  a  chief 
magistrate,  or  a  legislator,  a  pcrsoii  whom  he 
would  not  elect  for  a  constable.*' 

(Page  47,  Hvo.  edition.) — ^'^  This  convention 
met  at  Philadelphia,  in  May,  1787,  of  which 
General  Washington  was  elected  president, 
lie  was  not,  at  that  time,  connected  with  any 
of  tlie  state  governments,  or  with  congress, 
lie  delivered  up  his  commission  when  the 
war  ended,  and  since  tlieu  had  lived  a  iirivate 
citizen. 

^  The  convention  went  deepljr  into  all  the 
subjects;  and  having,  after  avanetr  Qld'^^^ 
andinvestisatiop   •■*- 
upontlv 


501] 


Jbr  High  Treason. 


**  For  this  purpose  they  did  not,  like  a  cabal 
of  courtiers,  sena  for  a  Dutch  stadtholder,  or  a 
German  elector ;  but  they  referred  the  whole 
matter  to  the  sense  and  interest  of  the  country. 

**  They  first  directed,  that  the  proposed 
constitution  should  be  published.  Secondly, 
that  each  state  should  elect  a  convention, 
expressly  for  the  purpose  of  taking  it  into 
consideration,  and  of  ratifying  or  rejecting  it ; 
and  tbat  as  soon  as  the  approbation  and  ratifi- 
cation of  any  nine  states  should  be  given,  that 
those  states  should  proceed  to  the  election  of 
their  proportion  of  members  to  the  new  federal 
fiovernment,  and  that  the  operation  of  it 
SDOuld  then  begin,  and  the  former  federal 
government  cease." 

(Paee  52,  8vo.  edition.)—"  The  history  of 
the  £awards  and  the  Henries,  and  up  to  the 
commencement  of  the  Stuarts,  exhibits  as 
many  instances  of  tyranny  as  could  be  acted 
withm  the  limits  to  which  the  nation  had 
restricted  it.     The  Stuarts  endeavoured  to 

ri  those  limits,  and  their  fate  is  well  known, 
all  those  instances,*  wp  see  nothing  of  a 
constitution,  but  only  of  restrictions,  or  as- 
mmedpower. 

^  Alter  this  another  William,  descended 
from  the  same  stock,  and  claiming  from  the 
mmt  origin,  gained  possession ;  and,  of  the 
two  evils,  James  and  William,  the  nation  pre- 
fened  what  it  thought  the  least;  since,  irom 
dmimstances,  it  must  take  one.  The  act, 
called  the  Bill  of  Rights,  comes  here  into 
liew.  What  is  it  but  a  bargain,  which  the 
parts  of  the  government  made  with  each 
other,  to  divide  powers,  profits,  and  privileges: 
jou  uiall  have  so  much,  and  1  will  have  the 
lest;  and,  with  respect  to  the  nation,  it  said, 
for  your  ihare,  YOU  shall  have  the  right  of 
Ktkuming.  This  being  the  case,  the  Bill  of 
Ri^ts  is,  more  properly,  a  bill  of  wrongs,  and 
of  insult  As  to  what  is  called  the  convention 
farliament,  it  was  a  thin<;  that  made  itself, 
nd  then  made  the  authority  by  which  it 
icted.  A  few  persons  got  together,  and  called 
themselves  by  that  name.  Several  of  them 
hul  never  been  elected,  and  none  of  them  for 
tbe  purpose. 
"From  the  time  of  William  a  species  of 

gvemment  arose,  issuing  out  of  this  coalition 
U  of  Rights ;  and  more  so,  since  the  corrup- 
tion introduced  at  the  Hanover  succession,  by 
the  agency  of  Walpole;  that  can  be  described 
1^  DO  other  name  than  a  despotic  legislation. 
11iOU£h  the  parts  may  embarrass  each  other, 
the  whole  has  no  bounds ;  and  the  only  right 
it  acknowledges,  out  of  itself,  is  the  right  of 
petitioning.  Where  then  is  the  constitution, 
either  that  gives,  or  that  restrains  power  ? 

"  It  is  not  because  a  part  of  tlie  government 

bdective,  that  makes  it  less  a  dopotism,  if 

*•  venons  80  elected  possess  afterward,  as  a 

icnty  unlimited  powers.    Election,  in 

**eoomea  leparated  from  reprcsenta- 

i  candioaies  are  candidates  for 

:l|iit  aiqr  nation,  reason- 


A.  D.  1794.  [509 

ins  on  its  own  rights,  would  have  thought  of 
calling  those  things  a  contliiution,  if  tt>c  cry 
of  constitution  hs^  not  been  set  up  by  the 
government." 

(Page  63,  8vo.  edition— a  note.)-^«  •  With 
respect  to  the  two  houses  of  which  the  English 
parliament  is  composed,  they  appear  to  be 
eflPectually  influenced  into  one;  and,  as  a 
legislature,  to  have  no  temper  of  its  own. 
The  minister,  whoever  he  at  any  time  may  be, 
touches  it  as  with  an  opium  wand,  and  it 
sleeps  obedience. 

''  But  if  we  look  at  the  distinct  abilities  of 
the  two  houses,  the  difference  will  appear  so 
great,  as  to  shew  the  inconsistency  oi  placing 
power  where  there  can  be  no  certainly  of  the 
judgment  to  use  it.  W^retched  as  the  stale  of 
representation  is  in  England,  it  is  manhood 
compared  with  what  is  called  the  House  of 
Lords ;  and  so  little  is  this  nick-named  house 
regarded,  that  the  people  scarcely  inquire,  at 
any  time,  what  it  is  doing.  It  appears  also  to 
be  most  under  influence,  and  the  furthest 
removed  from  the  general  interest  of  the  na- 
tion. In  the  debate  on  engaging  in  the 
Russian  and  Turkish  war,  the  majority  in  the 
House  of  Peers,  in  favour  of  it,  was  upwards  of 
ninety ;  when  in  the  other  house,  which  is 
more  than  double  its  numbers,  the  majority 
was  sixty-three." 

(Page  65,  8vo.  edition.) — "  But  in  whatever 
manner  the  separate  parts  of  a  constitution 
mav  be  arranged,  there  is  one  eeneral  prin- 
ciple that  distinsuishes  freedom  from  slavery, 
which  b,  that  all  hereditary  governtnent  over 
a  people  is  to  them  a  species  of  ^slavery ^  and 
representative  government  is/reedom,\ 

(Page  107,  8vo.  edition.)—"  Having  thus 
danced  at  some  of  the  defects  of  the  two 
nouses  of  parliament,  I  proceed  to  what  is 
called  the  crown,  upon  which  I  shall  he  very 
concise. 

"  It  signifies  a  nominal  office  of  a  million 
sterling  a  year,  the  business  of  which  consists 
in  receiving  the  money. — Whether  the  person 
be  wise  or  foolish,  sane  or  insane,  a  native  or 
a  foreigner,  matters  not.  Every  ministry  acts 
upon  tlie  same  irlea  that  Mr.  Burke  writes  ; 
namely,  that  the  people  must  be  hood-winked, 
and  held  in  superstitious  ignorance  by  some 
bugbear  or  other;  and  wnat  is  called  the 
crown  answers  this  purpose,  and  therefore  it 
answers  all  the  purposes  to  be  expected  from 
it.  This  is  more  than  can  be  said  of  the  other 
two  branches." 

Mr.  Erskine,-^!  desire  the  preface  to  bo 
read. 

Mr.  Attorney  Gc/i<rra/.— Read  the  dedica- 
tion first,  and  then  the  preface. 

Mr.  Erskine.-^You  may  read  the  whole 
book,  if  you  please. 

[The  Dedication  and  Preface  read.] 

«  To  M.  Dc  La  Fayette. 

"  After  an  acquaintance  of  nearly'  fifteen 

years,  m  dilUcult  situations  in  America,  and 

various  consultations  in  Europey  I  feel  a  ^ka 


SOS] 


S5  GfiOUGE  111. 


sure  in  presenting  to  you  this  small  treatise, 
in  gratitude  for  your  services  to  my  beloved 
America,  and  as  a  testimony  of  my  esteem 
for  the  virtues,  public  and  private,  which  I 
know  vou  to  possess. 

"  The  only  point  upon  which  I  could  ever 
discover  that  we  differed,  was  not  as  to  prin- 
ciples of  government,  but  as  to  time.  For 
my  own  part,  I  think  it  equally  as  injurious 
to  good  principles  to  permit  them  to  linger,  as 
to  push  them  on  too  fast.  That  Which  you 
suppose  accomplishable  in  fourteen  or  fifteen 
years,  I  may  believe  practicable  in  a  much 
shorter  period.  Mankmd,  as  it  appears  to 
me,  are  always  ripe  enough  to  undrrstand 
their  true  interest,  provided  it  be  presented 
clearly  to  their  understanding,  and  that  in  a 
manner  not  to  create  suspicion  by  any  thing 
like  self-design,  nor  offend  bv  assuming  too 
much.  Where  we  would  wish  to  reform  we 
must  not  reproach. 

"  When  the  American  revolution  was  esta- 
blisheil,  I  felt  a  disposition  to  sit  serenely 
down  and  enjoy  the  calm.  It  did  not  appear 
to  me  that  any  object  could  afterwards  arise 
great  enough  to  make  me  quit  tranquillity, 
and  feel  as  1  had  felt  before.  But  when  prin- 
ciple, and  not  place,  is  the  energetic  cause  of 
action,  a  man,  I  find,  is  every  where  the  same. 

"  I  am  now  once  more  in  the  public  world ; 
and  as  I  have  not  a  riijht  to  contemplate  on 
to  many  vears  of  remaining  life  as  you  have, 
I  am  resolved  to  labour  as  fast  as  I  can ;  and 
as  I  am  anxious  for  your  aid  and  your  com- 
pany, I  wish  you  to  hasten  your  principles  and 
overtake  me. 

"  If  you  make  a  campaign  the  ensuing 
spring,  which  it  is  most  probable  there  will  be 
no  occasion  for,  I  will  come  and  join  you. 
Should  the  campaign  commence,  1  hope  it 
will  terminate  in  the  extinction  of  German 
despotism,  and  in  eslabli«ihing  the  freedom  of 
all  Germany.  When  France  shall  be  sur- 
rounded with  revolutions,  she  will  be  in  peace 
and  safety,  and  her  taxes,  as  well  as  those  of 
Germany,  will  consequently  become  less. 
Your  sincere,  aflTectionutc  friend, 

"  TuoMAS  Paine." 
*<  London,  Feb.  9, 1792." 

"  Preface. 

"  When  I  began  the  chapter  intituled  the 
•'  Conclusion'*  m  the  former  part  of  the 
RIGHTS  OF  MAN,  published  last  year,  it 
was  my  intention  to  have  extended  it  to  a 
greater  length ;  but  in  casting  the  whole 
matter  in  my  mind  which  I  wished  to  add,  I 
I  found  that  1  must  either  make  the  work  too 
bulky,  or  contract  my  plan  too  much.  I 
therefore  brought  it  to  a  close  as  soon  as  the 
subject  would  admit,  and  reserved  what  I  had 
further  to  say  to  another  opportunity. 

"  Several  other  reasons  contributed  to  pro- 
duce this  determination.  I  wished  to  know 
the  manner  In  which  a  work,  written  in  a 
style  of  thinkiiig  and  eiprcssion  difTerent  to 
^''         'd  been  customary  in  England,  would 


Trial  of  Thomas  Hardy  {5^ 

be  received  before  I  ventared  farther.    A 

freat  field  was  opening  to  the  view  of  man- 
ind  by  means  of  the  Freneh  Revolutkm. 
Mr.  Burke's  outrageous  opposition  thereto 
brousht  the  controversy  into  England.  He 
attacked  principles  which  he  knew  (from  in- 
formation) I  would  contest  with  him,  became 
they  are  principles  I  believe  to  be  ^ood,  and 
which  I  nave  contributed  to  establish,  and 
conceive  myself  bound  to  defend.  lAaA  he 
not  ur^ed  the  controversy,  I  bad  most  pro- 
bably been  a  silent  man. 

"  Another  reason  for  deferring  the  re- 
mainder of  the  work  wa<,  that  Mr.  Burke 
promised  in  his  finrt  publication  to  renew  the 
subject  at  another  opportunity,  and  to  make  a 

'  comparison  of  what  he  called  the  English  and 
French  constitutions.   I  therefore  held  myself 

i  in  reserve  for  him.    He  has  published  two 

works  since,  without  doing  this ;  which  he 

certainly  would  not  have  omitted,  had  the 

comparison  been  in  hii  favour. 

**  In  his  last  work,^"  HU  Appeal  from  the 

*  New  to  the  Old  li^ig's,'  he  has  quoted  about 
ten  pai;es  from  the  Rights  of  MaH,2in6  having 
given  himself  the  trouble  of  doing  t!iis,  says, 
he  shall  not  attempt  in  the  smallest  degree  to 
refute  them,  meaning  the  principles  therehk 
containefl.  I  am  enough  acquainted  with 
Mr.  Burke  to  know,  that  he  would  if  he  coirid. 
But  instead  of  contesting  them,  he  imme- 
diately after  c<msoles  himself  with  saying, 
that  *'he  has  done  his  part.'— lie  has  not  done 
his  part— He  has  not  performed  his  promise 
of  a  comparison  of  constitutions.  He  started 
the  controversy,  he  gave  the  challenge,  and 
has  fle«l  from  it;  and  he  is  now  a  case  in 
point  with  his  own  opinion,  that,  *  the  age  of 

*  chivahy  ix  fione  .'* 

I      "  The  title,  as  well  as  the  substance  of  his 

'  last  work,  his  *  Appeal/  is  his  condemnation. 
Principles  mu^t  stand  on  their  own  merits, 

'■■  and  if  they  are  gDod  they  certainly  will.  To 
put  them  "under  the  shelter  of  other  men's 
authority,  as  Mr.  Burke  has  done,  serves  to 
bring  them  into  suspicion.  Mr.  Burke  is 
not  very  fond  of  dividrnj:  his  honours,  but  in 
this  case  he  is  arirully  dividing  the  disgrace, 
liut  who  are  those  to  whom  Mr.  Burke  has 
made  his  appeal  r  A  set  of  childish  thiukers 
and  halt-way  politicians  bom  in  the  last 
century  ;  men  who  went  no  farther  with  any 
principle  than  as  it  suited  their  purpose  as  a 
party  ;  the  nation  was  always  left  out  of  the 
c(ucstion ;  and  this  has  been  the  charatter  of 
evcrj'  party  from  that  day  to  this.  The  nation 
sees  nothing  in  such  works,  or  such  politics 
worthy  its  attention.  A  little  matter  will 
move  a  party,  but  it  must  be  something  great 
that  n»oves  a  nation. 
**  Though  I   see  nothing  in  Mr.  Burke'i 

^  Appeal  worth  taking  niuch  notice  of,  there  is, 
however,  one  expression  upon  which  I  shall 
offer  a  few  remarks. — ^After  quoting  largely 
fVom  tlie  Rights  of  Jlfdii,  and  decntimg  to 
contest  the  principles  contained  in  that  work, 
Re  says, '  This  infl  most  probably  be  done 


505] 


for  High  Treason* 


'  (if  inch  ariiingi  tkall  be  thought  to  deserve 

*  any  other  refutntion  than  that  of  criminal  jwh 

*  tke)  by  others  who  may  think  with  Mr. 
'  Burke,  and  with  the  same  zeal/ 

''In  the  first  place,  it  has  not  yet  been  done 
by  any  body.  Not  less,  I  believe,  than  eight 
or  ten  pamphlets  intended  as  answers  to  tne 
former  part  of  the  ^  Rights  of  Man*  have  been 
published  by  different  persons,  and  not  one  of 
them,  to  my  knowleage,  has  C3(tended  to  a 
second  edition,  nor  are  even  the  titles  of  them 
so  much  as  generally  remembered.  As  I  am 
averse  to  unnecessarily  multiplying  publica- 
tions, I  have  answered  none  of  them.  And 
as  I  beKere  that  a  man  may  write  himself  out 
of  reputation  when  nobody  else  can  do  it,  I 
am  careful  to  avoid  that  rock. 

"  Bui  as  I  would  decline  unnecessary  publi- 
cations on  the  one  hand,  so  woukl  I  avoidf every 
thing  that  might  appear  like  sullen  pride  on  the 
other.  If  Mr.  Birrice,  or  any  person  on  his  side 
the  question,  will  produce  an  answer  to  the 
'  Rights  of  Man,'  that  shall  extend  to  an  half,  or 
even  to  a  fourth  part  of  the  number  of  copies 
to  which  the  Riehts  of  Man  extended,  I  will 
reply  to  his  work.  Bnt  until  this  be  done,  I 
shall  so  far  take  the  sense  of  the  public  for 
mj  guide  (and  the  world  knows  I  am  not  a 
flatterer)  that  what  they  do  not  think  worth 
while  to  read,  is  not  worth  mine  to  answer.  I 
suppose  the  number  of  copies  to  which  the 
first  part  of  the  Riphtt  of  Man  extended, 
taking  England,  Scotland,'and  Ireland,  is  not 
lesstfian  l^tween  forty  and  fifty  thousand. 

*■  I  now  come  to  remark  on  the  remaining 
part  of  the  quotation  I  have  made  from  Mr. 

"  *  If,'  says  he,  *  such  writings   shall  be 

*  thought  to  deserve  any  other  remtation  tlian 
'  that  of  crimi/ia/ justice.'' 

•'  Pardoning  the  nun,  it  must  be  criminal 
justice  indeed  that  snauld  condemn  a  work  as 
t  substitute  for  not  bein^  able  to  refute  it. 
The  matcst  condemnation  that  could  be 
passer!  upon  it  would  be  a  refutation.  But 
•in  proceeding  by  the  methoil  Mr.  Burke 
alhides  to,  the  condemnation  would,  in  the 
final  event,  pass  upon  the  criminulitv  of  the 
process  and  not  upon  the  w*ork,  and  in  this 
case,  I  had  rather  be  the  author,  th;in  be 
either  the  judge,  or  the  jury,  that  should  con- 
demn it. 

**  But  to  come  at  once  to  the  point.  I  have 
(!iffered  from  some  professional  Eenllemcn  on  | 
the  subject  of  prosecutions,  and  I  since  find 
they  are  fallinc;  into  my  opinion,  whicli  I  will 
here  state  as  fully,  hutas  concisely  as  I  can. 

**  1  will  firht  jnit  a  case  with  respect  to  any 
law,  ami  then  compare  it  with  a  government, 
or  with  what  in  Kngland  is,  or  has  been  called 
a  constitution. 

"  It  would  be  an  act  of  despotism,  or  whiit 
in  Enghind  is  called  arbitrary  powr r,  to  makp 
a  law  to  prohibit  investi^ting  the  principles, 
good  or  bad,  on  which  such  a  law,  or  any  other 
n  founded. 

"  If  a  law  be  bad,  it  is  one  thing  to  oppose 


A.  D.  l?9i.  r.5^ 

the  practice  of  it,  but  it  is  quite  a  different 
thing  to  expose  its  errors,  to  reason  on  it» 
defects,  and  to  show  cause  why  it  should  be 
repealed,  or  why  another  ought  to  be  substi^ 
tuted  in  its  place.  I  have  always  held  it  an 
opinion  (making  it  also  my  practice)  that  it  is 
better  to  obey  a  bad  law,"  making  use  at  the 
satnc  time  of  every  argument  to  show  its 
errors  and  procure  its  repeal,  than  forcibly  to 
violate  it;  oecau^e  the  precedent  of  breaking 
a  bad  law  might  weaken  the  force,  and  lead 
to  a  discretionary  violation,  of  those  which 
are  good. 

''  The  case  is  the  same  with  respect  to  prin-> 
ciples  and  forms  of  government,  or  to  what 
are  called  constitutions  and  the  parts  of  which 
they  are  composed. 

"  It  is  for  the  good  of  nations^  and  not  for 
the  emolument  or  aggrandizement  of  par- 
ticular individuals,  that  government  oughf  f6 
he  established,  and  that  mankind  are  at  the 
eTpence  of  supporting  it.  Tlie  defects  of 
every  covcrnmcnt  and  constitution,  both  a»t6 
principle  and  form  must,  on  a  parity  of  rea- 
soning, be  as  open  to  discussion  as  the  defects 
of  a  law,  and  it  is  a  duty  which  every  man 
owes  to  society  to  point  them  out.  When 
those  defects,  and  the  means  of  remedying 
them  are  generally  seen  by  a  nation,  that 
nation  wilfreform  its  government  or  its  con- 
stitution in  the  one  case,  as  the  government 
repealed  or  reformed  the  law  in  the  other. 
The  operation  of  government  is  restricted  to 
the  making  and  the  administering  of  laws ; 
hut  it  is  to  a  nation  that  the  right  of  forming 
or  reforming,  generating  or  regenerating  coft* 
stitutions  and  governments  belong ;  and  con- 
sequently those  subjects,  as  subjects  of  in- 
vestigation, are  always  before  a  country  as  a 
matter  ofri^ht.  and  cannot,  without  invading 
the  general  rights  of  that  cotmtry,  be  made 
stibjects  for  prosecution.  On  this  ground  I 
will  meet  Mr.  Burke  whenever  he  please.  It 
is  better  that  the  whole  argument  should  come 
out,  than  to  seek  to  stifle  it.  It  was  himself 
that  opened  the  controversy,  and  he  ought 
not  t<»  fle>ert  it. 

"  I  do  not  believe  that  monarchy  and  aris- 
torrary  will  continue  seven  years  longer  in 
«nyoflhc  enlightened  cout^tries  in  Europe. 
If  better  reasons  can  be  shown  for  them  than 
a;::iinst  thcin,  they  will  stand ;  if  the  con- 
trary, they  will  not.  Mankind  arc  not  now 
to  lie  told  they  shall  not  think,  or  they  shall 
not  read  ;  and  publications  that  go  no  farther 
than  to  investigate  principles  of  government, 
to  invite  men  to  reason  and  to  rellect,  and  to 
shew  the  errors  and  excellencies  of  different 
systems,  have  a  right  to  appear.  If  they  do 
not  excite  attention,  they  are  not  worth  the 
trotible  of  a  prosecution;  and  if  they  do,  the 
prosecution  will  amount  to  nothing,  since  it 
cannot  amount  to  a  prohibition  of  reading. 
This  would  be  a  sentence  on  the  public,  in- 
stead of  the  author,  and  would  also  be  the 
most  effectual  mode  of  making  or  liastefiing 
revolutions. 


607] 


35  GEORGE  lU. 


Trial  of  Thomas  Hardy 


[508 


^  On  al]  cases  that  apply  universally  to  a 
nation,  with  respect  to  systems  of  government, 
a  jury  of  twelve  men  is  not  competent  to  de- 
cide. Where  there  are  no  witnesses  to  be  ex- 
amined, no  facts  to  be  proved,  and  where  the 
whole  matter  is  before  the  whole  public,  and 
the  merits  or  demerits  of  it  resting  on  their 
opinion ;  and  where  tiiere  is  nothmg  to  be 
known  in  a  court,  but  what  every  body  knows 
out  of  it,  every  twelve  men  is  equally  as  good 
a  jury  as  the  other,  and  would  most  probably 
reverse  each  other's  verdict;  or  fipom  the  va- 
riety  of  their  opinions,  not  be  able  to  form  one. 
It  is  one  case,  whether  the  nation  approve  a 
work,  or  a  plan ;  but  is  quite  another  case, 
whether  it  will  commit  to  anv  such  jury  the 
power  of  detcnniniDc  whether  that  nation 
nave  a  right  to,  or  shaO  reform  its  government 
or  not.  I  mention  those  cases,  that  Mr. 
Burke  may  see  I  have  not  written  on  govern- 
ment without  reflecting  on  what  is  law,  as 
well  as  on  what  are  rights. — The  only  eflPectual 
jury  in  such  cases  would  be,  a  convention  of 
the  whole  nation  fairly  elected ;  for  in  all  such 
cases  the  whole  nation  is  the  vicinage.  If 
Mr.  Burke  will  propose  such  a  jury,  I  will 
wave  all  privileges  of  being  the  citizen  of 
another  country,  and,  defendmc;  its  principles, 
abide  the  issue,  provided  he  will  do  the  same ; 
for  my  opinion  is,  that  his  work  and  his  prin- 
ciples would  be  condemned  instead  of  mine. 

'^As  to  the  prejudices  which  men  have 
from  education  and  habit,  in  favour  of  any 
particular  form  or  system  of  government,  those 
preiudices  have  yet  to  stand  the  test  of  reason 
and  reflection.  In  fact,  such  prejudices  arc  no- 
thing. No  man  is  prejudiced  in  favour  of  a 
thing,  knowing  it  to  be  wrong.  He  is  at- 
tached to  it  on  the  belief  of  its  being  right; 
and  when  he  sees  it  is  not  so,  the  prejudice 
will  be  gone.  We  have  but  a  defective  idea 
of  what  prejudice  is.  It  misht  be  said,  that 
until  men  think  for  themselves  the  whole  is 
prejudice,  and  not  opinion ;  for  that  only  is 
opinion  which  is  the  result  of  reason  and  re- 
flection. I  offer  this  remark,  that  Mr  Burke 
may  not  confide  too  much  in  what  has  been 
the  customarv  prejudices  of  the  country. 

'*  I  do  not  Relieve  that  the  people  of  Eng- 
land have  ever  been  fairly  and  candidly  desut 
by.  They  have  been  imposed  upon  by  parties, 
and  by  men  assuming  the  character  uf  lead- 
ers. It  is  time  that  the  nation  should  rise 
above  those  trifles.  It  is  time  to  dismiss  that 
inattention  which  has  so  long  been  the  en- 
couraging cause  of  stretchiug  taxation  to  ex- 
cess. It  is  time  to  dismiss  all  those  songs 
and  toasts  which  arc  calculated  to  enslave, 
and  operate  to  suffocate  reflection.  On  all 
such  subiects  men  have  but  to  think,  and  they 
will  neither  act  wrong  nor  be  misled.  To  say 
that  any  people  are  not  fit  for  freedom,  is  to 
make  poverty  their  choice,  and  to  say  they 
had  rather  be  loaded  with  taxes  than  not.  If 
such  a  case  could  be  proved,  it  would  equally 
prove,  that  those  who  govern  are  not  nt  to 
govern  them,  for  they  arc  a  part  of  the  same 
national  mass. 


"  But  admitting  governments  to  be  changed 
all  over  Europe ;  it  certainly  may  be  done 
without  convulsion  or  revenze.  It  is  not 
worth  making  changes  or  revolutions^  unless 
it  be  for  some  great  national  benefit;  and 
when  this  shall  appear  to  a  nation,  the  danger 
will  be,  as  in  America  and  France,  to  those 
who  oppose  ;  and  with  this  reflection  I  close 
my  preface. 

"Thomas  Painb.' 
«  London,  Feb.  9, 1792." 

Mr.  Ctarrow.-^l  liad  dismissed  this  book, 
but  the  reading  of  the  preface  has  reminded 
me  of  some  passages  I  nad  overlooked. 

[The  following  passages  were  read.] 

(Page  J61.8VO. edition.)— "The fraud  hy- 
pocrisy, and  imposition  of  governments  are 
now  beginning  to  be  too  well  understood  to 
promise  them  any  long  career.  The  farce  of 
monarchy  and  aristocracy,  in  all  countries  is 
following  that  of  chivalrv,  and  Bf  r.  Burke  is 
dressing  for  the  fimerai.  Let  it  tlien  pass 
quietly  to  the  tomb  of  all  olher  follies  and  the 
mourners  be  comforted. 

"  The  time  is  not  vety  distant  when  £ng« 
land  will  laugh  at  itself  for  sending  to  Holland 
Hanover,  ZeD,  or  Brunswick  for  men,  at  the 
expense  of  a  million  a  year,  who  understood 
neither  her  laws,  her  langjuage,  nor  her  in* 
terest,  and  whose  capacities  would  scarcely 
have  fitted  them  for  the  office  of  a  parish  con- 
stable. If  government  could  be  trusted  to 
such  hands,  it  must  be  some  easy  and  simple 
thing  indeed,  and  materials  fit  for  all  tlie  pur- 
poses may  be  found  in  every  town  and  village 
in  England.'' 

(Page  161,  8vo.  edition.)— "  Within  tlie 
space  of  a  few  years  we  have  seen  two  revolu- 
tions, those  of  America  and  France.  In  the 
former,  the  contest  was  long,  and  the  conflict 
severe ;  in  the  latter,  the  nation  acted  with 
such  a  consolidated  impulse,  that  having  no 
foreign  enemy  to  contend  with,  the  revolution 
was  complete  in  power  the  moment  it  ap-. 
peared.  From  both  those  instances  it  is  evi- 
dent, that  the  greatest  forces  that  can  be 
brought  into  the  Bold  of  revolutions,  are  rea- 
son and  common  interest.  Where  these  can 
have  the  opportunity  of  acting,  oppof^ition  dies 
with  fear,  or  crumbles  away  by  conviction.  It 
is  a  great  standing  which  they  have  now  imi- 
versally  obtained;  and  we  may  hereafter liopc 
to  see  revolutions,  or  changes* in  governments 
produced  witli  the  same  quiet  operation  by 
which  any  measure,  determinable  by  reason 
and  discussion,  is  accomplished. 

"When  a  nation  changes  its  opinion  and 
habits  of  tliinking,  it  is  no  longer  to  be  go- 
verned as  before ;  but  it  would  not  only  be 
wrong,  but  bad  policy,  to  attempt  by  force 
what  ought  to  be  accomplished  oy  reason. 
Rebellion  consists  in  forcibly  opposing  the 
general  will  of  a  nation  whetner  oy  a  party 
or  by  a  government.  There  ought,  therefore, 
to  he  in  every  nation  a  method  ofoccasJopaDy 


BOB] 


Jbr  High  Treason. 


ucertaiiung  the  state  of  public  opinion  with 
leipect  to  government  On  this  point  the  old 
goi^ernment  of  France  was  superior  to  the  pre- 
teot  eovemnient  of  England,  because,  on  ex- 
tnoroinary  occasions,  recourse  could  be  had 
to  what  was  then  called  the  States-general. 
Bnt  in  England  Hhere  are  no  such  occasional 
bodies ;  and  as  to  those  who  are  now  called 
representatives,  a  great  part  of  them  are  mere 
mtehines  of  the  court,  placemen,  and  depen- 

([Page  170,  8vo.  edition— a  note.) — "  I  know 
it  is  the  opinion  of  many  of  the  most  enlight- 
ened characters  in  France,  (there  always  will 
be  those  who  see  farther  into  events  than 
others)  not  onl  v  among  the  general  mass  of 
citizens  but  of  many  of  the  principal  mem- 
bers   of  the    former    National    Assembly, 
that  the  monarchical  plan  will  not  continue 
muiy  years  in  that  rountry.  They  have  found 
out,  that  as  wisdom  cannot  be  made  hereditary, 
power  ou^ht  not;   and  that,  for  a  man  to 
merit  a  million  sterling  a  year  from  a  nation, 
he  ought  to  have  a  mind  capable  of  compre- 
heoding  from  an  atom  to  a  universe ;  which, 
if  he  had,  he  would  be  above  receiving  the 
pay.    But  they  wished  not  to  appear  to  lead 
the  nation  faster  than  its  own  reason  and  in- 
terest dictated.  In  all  the  conversations  where 
I  have  been  present  upon  this  subject,  the 
idea  always  wa:$,that  when  such  a  time,  from 
the  general  opinion  of  the  nation,  shall  arrive, 
that  the  honourable  and  liberal  method  would 
be,  to  m^ke  a  handsome  present,  in  fee  sim- 
ple, to  the  person,  whoever  he  may  be,  that 
ibill  then  be  in  the  monarchical  office,  and 
for  him  to  retire  to  the  enjoyment  of  private 
Tife,  possessing  his  share  of  general  rights  and 
privileges,  and  to  be  no  more  accountable 
U)  the  public  for  his  time  and  his  conduct  than 
my  other  citizen.*' 

Mr.  Garrow. — I  shall  now  return  to  the 
proceedings  of  the  Constitutional  Society ;  read 
•n  entry  at  a  meeting  of  the  5th  of  October, 

[It  was  read.] 

"  At  a  meeting  of  the  society  held  at  the 
Ciown  and  A  nchor- tavern,  Strand,  on  Friday, 
October  6th,  1792. 

«  Mr.  J.  F.  Tuffin  in  the  chair. 

"Mr.J.  H.  Tooke,  Mr.  Sharpc,  Mr.  Sturch, 
Dr.  Maxwell,  Mr.  Bonny,  Mr.  John  Martin, 
Mr,  Symontls,  Mr.  Joyce,  Mr.  Chatfield, 
BIr.Walford,  Mr.  Balmauno,  Mr.  Walsh, 
Dr.  Edwards,  Mr.  J.  Adams,  Mr.  J.  Wil- 
liams, Mr.  Hardy,  Mr.  Sinclair. 

"Ordered,  That  the  letter  from  the  London 
Cotresponding  Society,  entered  on  the  minutes 
of  the  last  meeting,  together  with  the  resolu- 
tion of  the  society  thereon,  be  published  in  the 
newspapers. 

"  Bead  the  following  letter  from  Mr.  Joel 
Btilow,  to  the  Society  for  Constitutional  In- 
famaliony  liondon : 


A.  D.  1794w  [510 

^'Gentlemen;— I  have  just  published  a 
small  treatise,  in  a  letter  to  the  National 
Convention  of  France,  on  the  defects  of  the 
constitution  of  1701,  and  the  extent  of  the 
amendments  which  ou^ht  to  be  applied.  As 
the  true  principles  of  government  are  the 
same  in  all  countries,  bemg  founded  on  the 
Rights  of  Man,  which  are  universal  and  im- 
prescriptible, I  conceive  the  subject  of  this 
treatise  cannot  be  foreign  to  the  great  object 
of  your  association,  of  which  you  have  ^ne 
me  the  fat  our  to  make  me  an  honorary  mem- 
ber ;  I,  therefore,  present  a  copy  of  it  to  you^ 
with  the  same  confidence  that  I  have  done  to 
the  National  Convention,  a  confidence  arisine 
from  a  full  conviction  that  the  work  is 
founded  in  truth  and  reason,  although  these 
principles  seem  not  so  immediately  reducible 
to  practice  in  the  government  of  this  country 
as  m  that  of  France,  yet  Uieir  examination, 
can  never  be  unseasonable. 

"  A  great  revolution  in  the  management  of 
the  afiairs  of  nations,  is,  doubtless,  soon  to  be 
expected  through  all  Europe ;  and,  in  the  pro- 
gress of  mankind  towards  this  attainment,  it 
IS  greatly  to  be  desired  that  the  convictions  to 
be  acauired  from  rational  discussion,  should 
precede  and  preclude  those  which  must  result 
from  physical  exertion. 

"  Such  is  certainly  the  ardent  wish  of  your 
friend  and  adopted  brother. 

(Signed)  •'  Joel  Bablow.*' 

"  London,  October  4,  1792." 

"  Resolved,  That  the  said  letter  be  taken 
into  consideration  at  the  next  meeting." 

Mr.  Garrow. — We  will  read  the  thanks  vo- 
ted to  Mr.  Barlow  for  this  letter  at  the  next 
meeting  of  the  society,  which  was  on  the  12th 
of  October. 

[The  entry  read.] 

'<  Ata  meetingof  tlie  society  held  at  the 
Crown  and  Anchor  tavern.  Strand,  Fridayj^ 
12th  October,  1792, 

"  PRESENT 

**  Mr.  Bush  in  the  chair: 

"Mr.  J.  11.  Tooke,  Mr.  Bonncy,  Mr.  W. 
Sharpc,  Mr.  Symonds,  Mr.  J.  Martin^ 
Mr.  Moore,  Mr.  Merr}-,  Mr.  Williams,  Mr, 
Sturch,  Mr.  Banks,  Mr.  llolcroft,  Mr.  G« 
Williams,  Mr.  Bailey,  Mr.  Tuffin,  Mr, 
Satchell,  Mr.  Watts,  Mr.  Kutt,  Mr.  Hull, 
Mr.  Joyce,  Mr.  Littlejohn,  Mr.  Balmanno, 
Mr.  Asphial,Mr.  Hardy,  Mr.  Walford,  Mr. 
Richter,  Dr.  Maxwell,  Mr.  M.  Pearson. 

"  Read  Mr.  Joel  Barlow's  letter  to  the  Na^ 
tional  Convention  of  France,  on  the  defects  in 
the  constitution  of  1791,  and  the  extent  of  the 
amendments  which  ought  to  be  applied. 

"  Resolved,  That  Mr.  Sturch  be  requested 
to  draw  up  an  answer  to  the  letter  of  Mr.  Bar- 
low read  at  the  last  meeting,  expressing  how 
much  pride  this  society  feel  at  having  elected 
him  an  honorary  n^etnbcr." 


«II]         35  GEORGE  m. 

Mr.  Joteph  JoAnson.'Examined  by 
Mr.  G arrow, 

I  believe  you  are  a  bookseller  in  St  Paul's 
Churcb  Yard  ? — I  am. 

And  a  pnbliaher? — I  am. 

Be  so  good  as  look  at  that  pamphlet  which 
you  have  in  your  hand,  and  tell  me  whether 
that  is  of  your  publishing?— I  really  cannot 
answer  that  question. 

Do  you  know  the  person  who  appears  to 
he  the  author,  Joel  Barlow  ? — ^Yes,  I  do. 

It  appears  to  be  published  by  you,  does  it 
Doii— It  does,  I  published  such  a  pamphlet. 

I  am  not  askmg  you  at  present  whether 
these  sheets  of  paper  came  out  of  your  shop, 
have  the  goodness  to  attend  to  the  question, 
you  know  Mr.  Barlow  you  say  ? — Yes,  I  do. 

Did  you  publish  for  him  at  any  time  a 
work  with  the  title  of  that  pamphlet.— I  did. 

Had  you  communication  with  him  upon 
the  subject  of  that  publication  P-^I  had. 

Did  you  from  him  receive  the  manuscript? 
•^  think  I  did. 

Have  you  any  doubt  of  it  ?t- Whether  he 
gave  it  to  nie  or  the  printer  I  am  not  sure. 

Who  paid  you  for  it? — The  sale  paid  for  it. 

Be  so  good  as  look  at  it,  and  tell  me  whe- 
ther you  have  any  doubt  that  it  was  published 
by  you  for  Joel  Barlow  ? — I  cannot  recollect 
the  contents  of  pamphlets  I  publish. 

I  suppose  not,  you  publish  a  good  many  ? — 
I  believe  it  to  be  that. 

Have  you  anv  doubt  about  it  ? — I  cannot 
say  I  have  any  doubt  about  it. 

You  publish  a  great  many  books,  and  you 
do  not  always  recollect  the  contents — did  it 
happen  to  you  to  publish  the  Rights  of  Man? 

Did  yon  sell  any? — Yes. 

How  many  copies — I  do  not  ask  you  to 
within  a  thousand, — but  about  how  many  do 
you  think  you  sold  ? — I  cannot  tell. 

Did  you  sell  many  or  few  ? — I  cannot  tell 
what  vou  mean  by  many. 

Di(f  you  sell  some  dozens  ? — Certainly  I  did 
^when  that  pamphlet  was  published  it  was 
sup{>oscd  not  to  be  a  lihcl,  afterwards  it  was 
proved  to  be  one.  1  beg  to  ask  the  Court 
whether  I  am  obliged  to  answer  that  ques- 
tion? 

Lord  Chief  Justice  Eyre. — It  will  not  ex- 
pose you  to  any  hazartl  to  say  wlietlicr  you 
tiappcn  to  know  how  many  copies  were  pub- 
lisned.  The  witness  ought  not  to  be  asked 
how  many  be  published  himself. 

Mr.  Garrow, — Do  you  know  of  your  own 
knowledge  whether  the  sale  of  the  book  called 
the  Rights  of  Man  was  extensive  or  not?  I 
do  not  ask  you  whether  you  sold  one  yourself. 
— Yes,  I  tliink  I  can  say  Uiat  the  sale  was  large. 

Do  you  recollect  receiving  any  number  of 
a  puhlicatkm  called  a  Letter  to  Mr.  Dundas 
from  Mr.  Paine?— I  did  not  publish  it 

X  did  not  ask  if  you  published  it,  or  .whe- 
ther you  distributed  any  cf  it,  .but  whelber 
any  certain  number  of  oopiet4U  that  iMihttcft- 


Trial  qf  Thomas  Hardy 


[51S 


lion  were  sent  to  you  by  any  body — I  will 
assist  your  meviory,  were  there  not  wevtn 
hundred  sent  to  you?— I  think  there  were 
some  sent  to  me  and  forwarded  into  the 
country— a  parcel  was  sent  to  mc  to  convej 
to  the  coach,  I  believe. 

Wliere  from  ?— I  do  not  know,  but  I  sup* 
pose,  from  the  printer's. 

Do  not  you  know  of  your  own  knowledge 
by  whose  order  they  were  sent,  or  from 
whom  they  came?— No. 

You  said  the  sale  of  Mr.  Barlow's  Letter 
paid  for  the  expense — what  quantity  might 
be  sold? — Perhaps  five  or  six  hundredr^I 
really  do  not  know. 

[Extracts  read  from— '^  A  Letter  to  the  Na« 
tjonal  Convention  of  France,  on  the  De- 
fects of  the  Constitution  of  1791,  and  the 
extent  of  the  amendments  which  ought 
to  be  applied,  by  Joel  Barlow,  esq.autSor 
of  Advice  to  Privileged  Orders.*'] 
(From  page  1,  to  the  uiiddle  of  page  i2.>— 
'<  Gentlemen  the  time  is  at  last  arrived  when 
the  people  of  France,  by  resorting  to  their 
own  proper  dignity,  feel  themselves  at  liberty 
to  exercise  their  unembarrassed  reason,  in 
establishing  an  equal  government.  The 
present  crisis  in  your  affairs,  marked  by 
the  assembling  of  a  National  Convention, 
bears  nearly  the  same  relation  to  the  last 
four  years  of  your  history,  as  your  whole 
revolution  bears  to  the  great  accumulated 
mass  of  modem  improvement;  compared* 
therefore,  with  all  that  is  past,  it  is  perhaps 
the  most  interesting  portion  of  the  most  im- 
portant period  that  Europe  has  hitherto  seen. 
'^  Under  this  impression,  and  with  the 
deepest  sense  of  the  magnitude  of  the  subject 
which  engages- your  attention,  I  take  a  liberty 
which  no  slight  motives  could  warrant  in  a 
stranger,  the  liberty  of  offering  a  few  obser- 
vations ou  the  business  that  lies  before  you. 
Could  I  suppose,  however,  that  any  apology 
were  necessary  for  tliis  intrusion,  I  should  not 
rely  upon  the  one  here  mentioned,  but  my 
intentions  require  no  apology ;  I  demand  to 
be  heard,  as  a  right.  Your  cause  is  that  of 
human  nature  at  large ;  you  are  the  represen- 
tatives of  mankind;  and  though  I  am  not 
literally  one  of  your  constituents,  yet  I  must 
be  hound  hy  your  decrees.  My  happiness 
\yill  he  seriously  affected  by  your  delibera- 
tions ;  and  in  them  I  have  an  interest,  which 
nothing  can  destroy.  I  not  only  consider  all 
mankind  as  forming  but  one  great  family, 
and  therefore  bound  by  a  natural  sjTnpatliy 
to  regard  each  other's  happiness  as  making 
part  of  their  own;  but  I  contemplate  the 
French  nation  at  this  moment  as  standing  in 
the  place  of  the  whole,  you  have  stepped  for- 
ward with  a  gigantic  stride  to  an  enterprise 
which  involves  the  interests  of  every  sur« 
rounding  nation;  and  what  you  began  as 
justice  to  yourselves,  you  are  called  upon  to 
finish  as  a  duty  to  the  human  race. 

*'  I  believe  no  man  cherisheB  a  graaler 
reueratlon  than  I  have  umformly  done,  for 


519] 


^r  High  Tfeatoih 


A.  D.  nm. 


[514 


fhe  National  Assembly  who  framed  that  con- 
sthution,  which. I  now  presume  your  consti- 
tnents  expect  you  to  revise:.  Perhaps  the 
inerits  of  that  body  of  men  will  netrer 
be  properly  appreciated.  The  greatest 
part  ot  their  exertions  were  necessarily 
spent  on  objects  which  cannot  be  de- 
scribed; and  which  from  their  nature  can 
fnske  uo  fi^ire  in  history.  The  enormous 
"Weight  of  abuses  they  had  to  overturn,  the 
quantity  of  prejudice  with  which  their  func- 
tions called  tnem  to  contend,  as  well  in  their 
own  minds  as  in  tliose  of  all  the  European 
world,  the  open  opposition  of  interests,  the 
secret  weapons  ot  corruption,  and  the  un- 
brkUed  furv  of  despairing  faction^these  arc 
rabjects  which  escape  our  common  observa- 
tbn,  when  we  contemplate  the  labours  of 
that  assembly.  But  the  legacy  they  have 
left  to  their  country  in  their  deliberative  ca- 
pacity will  remain  a  lasting  monument  to 
their  praise;  and  though  whne  searching  out 
the  defective  parts  of  their  work,  without 
losing  sight  of  the  difficulties  under  which  it 
wasTonned,  we  may  find  more  occasion  to 
tdmire  its  wisdom,  than  to  murmur  at  its 
&ult8;  yet  this  consideration  ought  not  to 
teer  lis  from  the  attempt. 

*The  great  leading  principle,  on  which 
^r  constitution  was  meant  to  be  founded, 
hike  tgualitif  of  rights.  This  principle  hcing 
luddown  with  such  clearness, and  asserted  with 
tomdch  dignity  in  the  beginning  of  the  code, 
it  is  strange  that  men  of  clear  \mdcrstandings 
ihoiild  fail  to  be  charmed  with  the  beauty  of 
the  system  which  nature  must  have  taught 
them  to  build  on  that  foundation.  It  shows 
a  disposition  to  counteract  the  analogy  of 
oaturey  to  see  them  at  one  moment  impress- 
Idj;  this  indelible  principle  on  our  minds  and 
vith  the  next  breath  declaring,  that  France 
ihtll  remain  a  monarchy,  that  it  shall  have  a 
king,  hereditary,  inviolable,  clothed  with  all 
the  executive,  and  much  of  the  legislative 
power,  commander  in  chief  of  all  the  national 
mce  by  land  and  sea,  having  the  initiative  of 
wir,  and  the  power  of  concluding  peace ; — 
md  above  all,  to  hear  them  declare  that, 
'The  nation  will  provide  for  the  splendour  of 
'the  throne,*  granting  in  their  legislative 
opacity  to  that  throne  more  than  a  million 
iterlinz  a  year,  from  the  national  purse,  be- 
sides Uie  rents  of  estates  which  arc  said  to 
tmount  to  half  as  much  more. 

**  We  must  be  astonished  at  the  paradoxical 
organization  of  the  minds  of  men  who  could 
see  no  discordance  in  these  i<leas,  they  be^in 
wHh  the  open  simplicity  of  a  rational  republic, 
and  immeniateW  plunge  into  all  the  labyrinths 
0f  rovaltv ;  and  a  great  part  of  the  constitu- 
fiODal  rocke  is  a  practical  attempt  to  reconcile 
these  two  discordant  theories  It. is  a  perpe- 
tual conflict  between  principle  and  precedent, 
—between  the  manl  v  truths  of  nature,  which 
ve  all  must  fieel,  and  the  learned  subtilties  of 
tfMfismen,  about  which  we  have  been  taught 
to  reason. 
VOL.  XXIV. 


(  "In  reviewing  the  history  of  human  opi- 
nions, it  is  an  unpleasant  consideration  to 
remark  lujw  slow  the  mind  has  always  been 
in  seizing  the  most  interesting  tniths;  al- 
though, when  disf()vere<l,  they  appear  to  have 
been  the  mo>t  obvious.  This  rc.n.trk  is  no 
.  where  x'erified  with  more  circumstances  of 
;  regret,  than  in  the  projrress  «>f  your  ideas  in 
i  France  relative  to  the  inutility  of  the  kingly 
I  office.  It  was  not  enough  that  you  toot 
I  your  first  stand  upon  the  high  ground  of 
1  natural  right;  where,  enlightened  by  the  sun 
of  reason,  you  mi^ht  have  seen  the  clouds  of 
prejudice  roll  far  oeneath  your  feet,  it  was 
not  enough  that  you  began  by  considering 
J^ya^ty,  with  its  well  known  scour^s  as  beinz 
the  cause  of  all  your  evils,  that  trie  kings  of 
modern  Europe  are  the  authors  of  war  and 
misery,  that  their  mutual  intercourse  is  a 
a>mmerce  of  human  slaughter— that  public 
debts  and  private  oppressions,  with  all  the 
degrading  vices  that  tarnish  the  fare  of  nature, 
had  their  origin  in  that  species  of  government 
which  offers  a  premuim  for  wickedness,  and 
teaches  the  few  to  trample  on  the  many;  it 
was  not  enough  that  you  saw  the  means  of  a 
regeneration  of  mankind  in  the  system  of 
equal  rights,  and  that  in  a  wealthy  and  pow- 
erful nation  you  possessed  the  advantage  of 
reducing  tha*t  system  to  immediate  practice 
as  an  example  to  the  world,  and  a  consolation 
to  human  natute.  AH  these  arguments, 
with  a  variety  of  others,  which  your  repub- 
lican orators  placed  in  the  strongest  point  of 
light,  were  insufficient  to  raise  the  public 
mind  to  a  proper  view  of  the  subject. 

<'  It  seems  that  some  of  your  own  philoso- 
phers had  previously  taught,  that  royalty  was 
necessary  to  a  great  nation.  Montesquieu, 
among  his  whimsical  maxims  about  laws  ana 
goverument,  had  informed  the  world  that  a 
fimited  monarchy  was  the  best  possible  SNstem, 
and  that  a  democracy  could  i^ever  flourish 
but  in  a  small  tract  of  country.  How  many 
of  your  legislators  believed  in  this  doctrine ; 
how  many  acted  from  temporising  motives, 
wishing  to  banish  royaltv  by  slow  degrees; 
and  how  many  were  led  by  principles  less 
pardonable  tlian  cither,  it  is  impossible  lo 
determine.  Certain  it  is,  tliat  republican  ideas 
gained  no  ground  upon  the  monarchical  in 
your  constituting  assembly,  during  the  last 
six  months  of  their  deliberations.  It  is  like- 
wise certain,  that  the  majority  of  that  assembly 
took  much  pains  to  prevent  the  people  from 
discovering  the  cheat  of  royalty,  and  lo  con- 
tinue their  ancient  veneration,  at  least  for  a 
whHe,  in  favour  of  certain  principles  in  go- 
vernment, which  reason  could  not  approve. 

"  It  is  remarkable,  that  all  the  perfidy  of 
your  king,  at  the  time  of  his  Hight,  >hould 
have  had  so  little  effect  in  opening  i lie  eyes 
of  so  enlightened  a  people  as  the  Irench. 
His  flight,  and  the  insulting  declaration  which 
he  le^  behind  him,  were  sufficient  not  only 
to  give  the  lie  to  the  fiction,  with  which 
common  sense  has  always  bccu  put  to  tho 

^  L 


L 


blush,  and  to  which  your  assembiy  had  at- 
templed  to  give  a  sanclioii,  That  Kings  can  do 
no  wrong ;  But  ihey  were  s\iflicici*t  to  show, 
at  least  to  all  who  would  open  their  eyes,  that 
the  busine&s  of  government  required  no  such 
officer.  There  is  no  period,  during  your  re  vo- 
lution, if  Uiere  is  any  to  be  found  in  the  his* 
tory  of  France,  when  businci^  went  on  wiih 
more  alacrity  and  good  order,  than  during  the 
suspension  of  fhe  royal  functions,  in  the  in- 
terval, from  the  time  tliat  the  king  was 
brought  back  to  the  capital,  in  June,  till  the 
completion  of  the  constitution  in  September, 
Every  thing  went  right  in  the  kingdom,  ex- 
cept within  the  walls  of  the  assembly*  A 
majority  of  that  body  was  determined  to'make 
an  experiment  of  a  limited  monarchy.  The 
exBentnent  has  been  made.  Its  duration  has, 
incteed,  been  short,  being  less  than  eleven 
months;  but,  although  in  some  respects  it 
has  been  almost  as  fatal  to  the  cause  of  liberty 
as  any  system  could  have  been  within  the 
time,  yet,  in  other  respects,  it  has  done  more 
good  than  all  tlic  reasonings  of  all  the  philo- 
sophers of  the  age  could  have  done  in  a  much 
longer  time:  it  has  taught  ihein  a  new  doc- 
trine, which  no  experience  can  shake,  and 
which  reason  must  confinrii  That  Kingi  can 
do  no  good,** 

(Page  14  and  pari  of  15).—"  Among  the 
prohabie  evils  resulting  from  the  kingly  olBcc, 
the  principal  one,  and  indeed  the  only  one 
that  need  to  be  mentioned,  is  tlie  chance  of 
its  being  held  by  1/  u:eak  or  a  wUkcd  man* 
When  the  office  is  hereditary,  it  is  scarcely  to 
be  expected  but  that  this  should  always  be  the 
case.  Considering  the  birth  and  education  of 
princes,  the  cliancc  of  finding  one  with  nratll- 
cal  common  sense,  is  hardly  to  be  recltoned 
among  possible  events ;  nor  is  the  probability 
Jess  strong  against  their  having  virtue.  The 
temptations  to  wickedness  arising  from  their 
situation,  are  too  powerful  to  be  resisted.  The 
persuasive  arts  ot  all  their  flatterers,  the  com- 
panions of  their  youth,  the  ministers  of  their 
pleasures,  aiid  every  person  with  whom  they 
ever  converse,  arc  necessarily^  employed  to  in- 
duce Ihcm  to  increase  ihejr  revenue,  by  op- 
pressing the  people,  whom  they  are  taught  from 
their  crudle,  to  consider  as  beasts  of  burthen ; 
and  what  must  almost  insure  the  triumph  of 
wickedness  in  their  tempers,  is,  the  idea  that 
they  act  totally  and  for  ever  without  restraint. 
This  is  an  allurement  to  %*ice,  that  even  men 
of  sense  could  scarcely  resist.  Impress  it  on 
the  mind  of  any  man,  that  ho  can  do  m  wrong, 
and  he  will  $oan  convince  you  of  your  mis- 
take. 

**  Take  this  general  summary  of  ihc  evils 
arising  fron»  hereditary  mo  n  arc  by  ^  under  any 
restrii  tjons  that  c>in  t'    1  "     ud  place  ft 

on  one  Mdc  of  the  at;  *,  on  the 

ofi.r--^^^  ihr  tnith  wuitji  i   t  -      -      . 

«'  n    will    hereatler  t::j 

2..-.;  .-^.-,,>  '«"  '/'I  "..  -..'-/    ■•■'^ 
liberty  wili 

you  will  (If .  ^    . 

part  of  ^our  constitution 


(Page  S9  to  36).—''  But  it  will  be  sakT,  I  am 
too  late,  with  all  these  observations,  on  the 
necessity  of  proscribing  royalty  from  your 
constitution.  1'he  cause  is  already  judged  in 
the  minds  of  the  whole  people  o(  France;  and 
their  wishes  will  surely  be  the  rule  of  your 
conduct.  I  suppose  that,  without  being  r«^ 
minded  of yovjr  duty  by  a  stranger,  one  ofyour 
first  resolutions  would  be,  to  ^x  a  national 
anathema  on  every  vestige  of  regaJ  power, 
and  endeavour  to  wipe  out  from  the  human 
character  the  stain  which  it  received  with  its 
veneration  tor  kings  and  hereditary  claims. 
But  it  requires  much  reflection,  to  be  well 
aware  to  what  extent  tliis  duty  should  carry 
you.  There  are  many  vices  in  your  constitu- 
tion, which  though  not  apparently  connected 
with  the  kingjhiwl  their  origin  in  regal  ideas. 
To  purify  the  whole  code  from  these  vices, 
and  lo  purge  human  nature  from  their  effects, 
it  will  be  necessary  to  resort  to  many  princi- 
ples which  appear  not  to  have  iUuck  the 
minds  of  the  hrst  assembly. 

**  You  will  permit  me  to  hint  at  some  of  the 
great  outlines  of  what  may  be  expected  from 
you  under  llic  peculiar  advantages  with  wlucli» 
you  meet  to  tbrm  a  glorious  republic.  AI* 
though  many  of  my  ideas  may  be  perfectly 
superAuous,  bein^  the  same  as  will  occur  to 
every  member  ofyour  bod^v,  yet  it  is  possibU 
that  some  of  tlicm  may  strike  the  mind  in 
new  point  of  light,  and  lead  Co  rcUectK 
which  would  not  rise  from  any  other  quarleft 
Should  this  be  the  case  in  the  smallest  degree^ 
it  ought  to  be  considered,  both  b^  you  and 
me,  as  an  ample  reward  fur  our  pams  in  writ- 
ing and  in  reading  this  letter. 

*'  Go  considering  the  subject  of  go  vrrnmcnt^ 
when  the  mind  is  once  set  loose  from  the 
shackles  of  royally,  it  finds  itself  lu  a  new 
world :  it  rises  to  a  more  extensive  view  ef 
every  circumstance  of  the  social  stale.  Hu- 
man nature  assumes  anew  and  moreelcvatc4 
shape,  and  displays  many  mo  ml  fe-ature*, 
which,  from  iiaving  been  always  disguised, 
were  not  known  to  exist.  In  this  case,  it  b 
a  long  time  before  we  acquire  a  habit  of  trac- 
ing efiecls  to  their  proper  causes,  and  of  ap- 
plying the  easy  and  simple  remedy  lo  those 
vices  of  our  nature  which  society  rctiuircs  \i% 
to  restrain.  Ihis,  I  apprehend,  is  the  source 
of  by  far  the  greatest  difficulties  with  which 
j'ou  have  lo  contend  We  are  so  much  nM)d» 
m  government,  to  the  most  complicnteil  sys- 
tems, as  bcinj;  necessary  to  f^v^j^pcul  those  im- 
poj-itions.  without  which  it  has  been  ^uppr»»ed_ 
un possible  for  men  to  hcgoverm  il 
an  unusual  task  to  conceive  of  th^ 
to  which  the  busines%  of  governnn  *« 

reduced,  and  to  which  it  must  be  if 

"  '      vc  it  answer  the  purpose;  ot  pro- 

i  t  CSS, 


ibl^ 


pendagc^ 


-hi  I 


517] 


fij^T  High  Treason. 


prderrod  to  tbe  cloak  of  imposition.  Should 
Uib  be  Ibe  case,  yoti  will  conceive  it  no  Ion- 
tcr  necessary  to  maintain  a  naiional  church. 
This  cstibUsnment  is  so  manifestly  an  inipo- 
iii  ibe  judgment  of  mankind,  tljat 

til'  uiiog  as&embl^v  must  have  consi- 

dcfed  U  m  that  Tight.  It  is  one  of  those  mo- 
narchical ideas,  which  pay  us  the  wretched 
comulimeiit  of  supposing,  that  we  are  not 
cspaolc  of  being  ^ovi-rned  by  our  own  reason. 
To  suppose  thiit  tiic  people  of  France  are  to 
learn  the  mo<k  o^  worsliipping  God  from  the 
decfees  of  the  council  of  Trent,  is  certainly  as 
thwrdi  a9  it  woiild  be  to  appeal  to  such  a 
council,  to  learn  how  to  breathe,  or  to  open 
their  eyeA.  Neither  is  it  true,  as  is  arc;ued  by 
tbc  advocates  of  thii»  part  of  your  constitution, 
that  the  prct'ercncc  there  given  to  one  mode 
of  worNiiip.  liv  the  payment  of  the  CatboUc 
pr  iial  p\»r6e,  to  the  exclu- 

*3«  ijudrd  on  the  idea  of  the 

pr  |>us£d  to  have  been  possessed  by 

il^  ,  and  which,  by  the  assembly,  was 

KUrLd  to  be  theaccfof ward  the  property  of 
I  nation. 
■  Tbc  church,  in  this  sense  of  the  word, 
Bifies  nothitij;  but  «i  mode  of  u^onhip ;  and 
,.  ..„*i.  .  ......I,.  ...  f,  i^  .,  proprietor  of 
ic  that  I  shall 
,  „.^„,|  I  .^  ;;„.i,u..  ;...  .^.L 1-5,  the  church, 
isiderca  as  an  hierarchy^  was  always  neccs- 
J  to  the  support  of  royalty ;  and  your  as- 
w^M^^  with  great  consistency  of  design, 
trilfailig  to  preserve  something  of  the  old  fa- 
btk^  pittKsrved  something  of  this  necessary 
pfQfL  But  as  the  fabric  is  how  overturned, 
te  fwop  may  be  safely  taken  away.  I  am 
coo£ifctitthHt  monarchy  and  hierarchy  will  be 
bunol  tve,  and  that  tn  Fraqce 

Ihcj  1A  Ue  present  year." 

(Wgec^ij — '"  .\Jier  laying  down  the  great 
filMimental  principle,  that  all  men  are  equal 
im iktir  - r: ^ * •  ir  ou»ht  lobe  the  invariable 
glpe^  ML i ill  compact  to   insure  the 

CSJSfdt^  ^,  ..,«;  equality,  by  rendering  them 
m^  ^fi^  *<^  oJl  ^^^*  ^1  enjoyments,  as  can 
pOMmly  be  consi*)tent  with  j^ood  order,  indus* 
nj^aiiatlie  reward  of  racnt.  Every  indivi- 
m«i  tm^l  to  he  rendered  as  indcpcndeni  of 
streqriimr  r  as  possible;  and,  at  the 

«nA  yme,  iaU  as  posbibie  oo  the 

wMIe  cpfBiiiunity. 

-  •*  Oo  this  imcfeniahlc  maxim,  I  think  the 
M/Bmmg  petitions  uu^hi  to  be  fouiuled  and 


ia  the  consittuttonal  code  t 


i; 


Mr. 


rifji. — [  (bund  thU  ktter  in 
1.^  itinong  hia  otl)er  papers. 

[It  was  read.] 

•*  To  the  Loudon  Corresj>ouding  Society. 

*♦  Geotktnen  ;— 'I  !iiivt^  lately  published  a 
di  tT«lis^  un  Ic  of  *  A  Letter  to 

^  NtttiooJil  tA  1         ,    I  of  France,  on  ihp 

•  Delect!  ill  the  cumtitution  of  1791,  and  the 
'  calaat  ol  lb#  Ameudmcnts  which  ought  to 
'  bt  ifplM**    Allhougb  t)w  Q))trrvatiou«  c«rn« 


tained  in  tins  letter  are  more  particularly  ap« 
plicable  to  the  French  nation  in  the  prescnifj 
crisis  of  its  government,  yet,  as  the  true  prin*'j 
ciples  of  society  are  every  where  the  samcsf 
their  examination  cannot  be  unseasonable 
any  nation  or  at  any  time.  Believing,  ihero^ 
fore,  that  the  subject  of  this  treatise  will  no" 
be  thought  foreign  to  the  great  object  of  youii 
association,  I  present  a  copy  of  it  to  you,  wit' ' 
the  same  conRdence  as  1  have  done  to  th 
National  Convention^  and  to  the  Constiti 
tional  Society  in  London :  a  confidence  arisin| 
from  the  full  persuasion  that  the  work 
founded  in  truth  and  reason. 

**  I  take  the  liberty  at  the  same  time  to  send 
you  a  copy  of  another  publication,  intituled  J 
*  Advice  to  the  Privileged  Orders/ 

**  The  present  disposuiou  in  Europe  lowardi 
a  general  revolution  in  the  principle  of  govern  J 
ment,  is  founded  in  a  current  of  opintun  to~ 
powerful  to  be  resisted,  as  well  as  too  sacred  X 
DC  treated  with  neglect.  It  is  the  duly  of  evcryi 
individual  to  assist,  not  only  in  removing  Ibaj 
obstructions  that  are  found  in  the  wiiy  at  tbi^ 
revolution,  but  in  ascertaining  with  as  mue' 
precision  as  possible  the  nature  of  the  obje 
to  be  aimed  at,  and  the  consequences  to 
expected  from  the  attainment.     It  is  abov 
all  things  to  be  desired  that  the  convictions  t 
he  acquired  from  rational  discussion,  sbouli 
precede  and  preclude  those  which  must 
from  physical  exertion. 

'•  Such,  I  believe,  is  the  object  of  your 
ciety,  and  such  is  certainly  that  of  your  frien 
and  servant,  Joel  Baalow.*' 

**  London,  Oct.  6th,  179i. 
Addressed  '^Tu    the  London  Cor- 
responding Society,  care  of  Mr. 
Thomas  Uardy,  No.  9,  Piccadilly." 

Mr.  C arrow  to  Mr  Johnson^ — Who  was  lhe„ 
author  of  this  pamphlet,  which  appears 
have  been  published  by  you,  inlituleu  **  Ad 
vice  to  the  Privileged  Order*  ?*'— 1  published  i 

t pamphlet  with  that  title  for  Mr.  Barlow: 
lelievc  this  is  it. 

Do  you  know  whether  he  was  tlie  sole 
thor  of  it,  or  were   there  any  other  person 
concerned  in  it.^ — I  cannot  tell ;  but  t  reallyf 
believe  be  was  the  sole  author. 

Which  you  published  in  the  same  way,  I 
suppose,  as  you  did  the  other — Had  it  a  large 
safe  ? — ^Not  a  very  lar^e  sale ;  not  many  moie 
than  a  thousand,  I  believe. 

[Extracts  read  from  **  Advice  to. the  Privi- 
leged Orders  ol  the  several  States  of  Europe, 
resulting  from  the  Necessity  ^nd  Propriety  of 
a  General  Revolution  in  the  Principles  of  Go- 
vernment, Part  1.  tlie  Thu^d  l^iiiion,  by  Joel 
Barlow/*] 

(From  jmgc  17  to  page  SO).— •*  Mr.  Burke, 
however,  in liis  defence  of  royalty,  does  not 
rely  on  this  argucnent  of  the  con)pact.  Whe- 
ther it  be  that  lie  is  conscious  ol  us  futility. 
or  that  in  bis  rage  he  forgets  that  he  haa  %iaed 
it,    he  is  perpetually  iccuit\xv%  \o  ^CtiLXutft 


.«s^    i 


619]         35  GEORGE  IlL 

ground  that  has  yet  hcen  heard  of  on  which 
we  are  called  upon  to  consider  kings,  even  as 
a  toleralilc  nuisance,  and  lo  support  the  exist- 
ing forms  ut  government ;  this  ground  is  the 
fentrul  fitxtd  of  tht  omumnUtf,  It  is  said  to 
e  daniieruus  to  pull  down  systems  that  arc 
already  tuiincd,  or  even  to  attempt  to  im- 
prove them  ;  and  it  is  likewise  said,  that, 
-were  they  peaceably  destroyed,  and  we  had 
society  to  build  up  anew,  it  would  be  best  to 
create  hereditary  Kings,  hereditary  orders, and 
£xclu.sive  |)riv  ilexes. 

''  These  are  sober  opinions,  uniting  a  class 
of  reasuiicrs  too  numerous  and  too  respect- 
able to  be  treated  with  contempt.  I  believe, 
however,  that  their  number  is  every  day  di- 
minishing ;  and  1  believe  the  exanplc  which 
France  will  .soon  be  obliged  to  obibit  to  the 
world  on  this  subject,  will  induce  "every  man 
to  rf  jcct  them  who  is  not  personally  and  ex- 
clusively interested  in  their  support. 

"  The  inconsistency  of  the  Constituent  As- 
sembly, in  retainini;  an  hereditary  king,  armed 
witli  an  enormous  civil  list,  to  wage  war  with 
a  popular  guvernmenl,  has  iuduc^^il  some  per- 
sons to  pr^irt  the  downfall  of  their  constitu- 
tion ;  but  this  measure  had  a  dilfercnt  origin 
from  what  i^  commonly  assigned  to  it,  and 
will  probably  h«:vc  a  diflerent  issue;  it  was 
the  result  rather  of  local  and  temporary  cir- 
cumstances, than  of  any  general  belief  in  the 
utility  of  kintrs,  under  any  modiiications  or 
limitations  that  could  be  attached  to  the 
pffice. 

.  "  It  is  to  be  obscrvcd,/r5^  that  the  French 
had  a  king  upon  their  hands  :  this  king  had 
always  been  con'^idcrcd  as  a  well-disposed 
man ;  so  that,  by  a  fatality  somewhat  singular, 
though  not  unexampled  in  regal  hisioryj  he 
gained  the  love  of  the  people  almost  in  pro- 
portion to  the  mischief  wliich  he  did  them. 
Secondly t  their  king  had  very  powerful  family 
connexions  in  the  sovereigns  of  Spain,  Aus- 
tria, Naples,  and  Sardinia,  besides  his  relations 
within  the  kingdom,  whom  it  was  necessary 
to  attach,  if  possible,  to  the  interests  of  the 
community.  Thirdlif,  the  Revolution  was 
Qonsiderrd  by  all  Kurope  as  a  high  and  dan- 
gerous experiment;  it  was  necessary  to  hide, 
as  much  as  posbihlc,  the  appearance  of  its 
magnitude  from  the  eye  ot  the  distant  ob- 
berver  The  rel'urmers  considered  it  as  their 
duty  to  produce  an  internal  regeneration  of 
society,  ratiirr  than  an  external  change  in  the 
appeaniuce  of  the  court ;  to  set  in  order  the 
count ini;-hoii:>c  uml  the  kitchen,  before  ar- 
ranging the  drawing-room.  This  would  leave 
the  Sovereign^  of  Europe  toUilly  without  a 
pretext  for  interfering,  while  it  would  be 
conjioliiii;  to  that  class  of  philosophers  who  ! 
still  believed  iti  the  compatibihty  of  royalty 
and  liberty,  fourthly,  this  decree  tliat  France 
skould  hute  ft  kiiu,  and  tliat  he  could  do  no 
wrong  J  ^v.is  p.t^»ed  nt  an  early  period  of  tlieir 
operations,  when  ttta  above  reasons  were  ap- 
parently luure  urgent  than  they  were  after- 
irards^  or  prubabl/  will  ever  Iw  ifuiiii 


Trial  of  Thomas  Hardg 


fsao 


'*  From  these  considerations  we  may  con- 
clude that  royalty  is  preserved  in  France  for 
reasons  which  are  fugitive ;  that  a  m^yority  of 
the  Constituent  Assembly  did  not  believe  in 
it  as  an  abstract  principle;  that  a  m^ority  of 
the  people  will  learn  to  be  disgusted  with  so 
unnatural  and  ponderous  a  deformity  in  their 
new  edifice,  and  will  soon  hew  it  off. 

<'  After  this  improvement  shall  have  been 
made,  a  few  years  experience  in  the  face  of 
Europe,  and  on  so  great  a  theatre  as  that  of 
France,  will  probably  leave  but  one  opinion, 
in  the  minds  of  honest  men,  relative  to  the 
republican  principle,  or  the  great  simplicity  of 
nature,  applied  to  the  organization  of  society." 

(Page  21  Y^^^  It  depends  on  a  much  more 
important  class  of , men,  the  class  that  cannot 
write,  and  in  a  great  measure  on  those  who 
cannot  read ;  it  is  to  be  decided  by  men  who 
reason  better  without  books,  than  we  do  with 
all  the  books  in  the  world  :  takine  it  for 
granted,  therefore,  that  a  general  revolution  is 
at  hand,  whose  progress  is  irrttUtilUCf  my  ob- 
ject is  to  contemplate  its  probable  effects,  and 
to  comfort  those  who  are  afflicted  at  the 
prosjwct." 

Mr.  Garrow  to  Mr.  JoAnson.— Did  you  pub- 
lish the  former  editions  of  this  work  ? — I  did. 

Perhaps  you  mean  that  the  sale  of  each 
edition  was  not  more  than  you  mentioned  ?— 
There  were  three  editions,  five  hundred  each 
edition,  and  there  were  a  considerable  number 
left. 

Was  this  first  published  before  the  death  of 
the  hue  king  of  the  French,  or  not? 

Mr.  Johmon. —  What  is  the  date  in  the  title- 
page  ? 

Mr.  Gurrow. — ^This  is  the  third  edition — Do 
you  know  whether  this  was  published  before, 
or  after  that  event  ? — I  cannot  tell ;  I  think  it 
was  published  in  17 9«,  or  17U1. 

Mr.  Gar  row  to  Mr.  J<>AnM)R. —  Be  so  good 
as  look  at  that  pamphlet:  it  is  called  "A 
Letter  to  the  Addressers,  by  Thomas  Paine.*' 
Do  you  know  whether  nny  pamphlet  of  that 
sort  was  publi>hcd  by  Thomas  Paine  ? — Cer- 
tainly there  was. 

Do  you  believe  this  to  be  one  of  the  copies 
that  were  so  published.? — I  believe  it  is. 

I  do  not  know  whether  you  know  any  thing 
of  the  cheap  edition  or  not ;  do  you  know 
how  soon  the  cheap  edition  came  out  alter  the 
first  edition?— No. 

Have  you  seen  any  of  the  cheap  edition  ? — 
Yes. 

Do  you  know  whether  that  was  published 
about  the  same  time  ? — It  was  (Hiblished  after 
the  large  edition;  1  do  not  know  how  long. 

Look  at  that  ropy  of  the  cheap  edition,  and 
say  whether  you  believe  that  to  l»e  one  of  the 
copies  that  were  published?— 1  cauuot  say, 
because  any  printer  may  copy  this. 

Mr.  Erskine  — ho  you  mean  to  swear  that 
tlie  laree  editran  is;  tliat  cither  is?— No.  I 
only  believe  it  from  the  appearance  of  it ;  auy 
printer  nugr  cop^  it 


581]  Jot  High  Treason. 

Mr.  Garrow, — ^You  have  alreadr  said,  that 
\ou  believe  that  to  be  one  of  the  copies  of  the 
large  edilion  which  was  published  by  Mr. 
Paine  ?~Il  has  all  the  appearance  of  it ;  any 
printer  may  take  a  fac  simile  copy  of  it. 

Upon  looking  at  it,  do  you  believe  it  to  be 
one,  or  have  }rou  any  doubt  on  the  subject  ? — 
I  cannot  positively  say ;  a  printer  may  print 
a  fac  simile  of  it. 

Do  yuu  believe  that  to  have  been  printed 
hy  a  printer  making  a  fitc  simile  without  au> 
thority,  or  to  be  one  of  the  original  edition  ? 
}  ask  ywi  upon  your  oath. — I  cannot  any,  be- 
cause a  printer  can  make  a  fac  simile. 

Lord  Chief  Justice  /!)yre.—Uoless  he  ca^ 
sp^  from  the  type,  or  the  intrinsic  circum* 
stances,  it  is  nothing. — I  really  cannot  so 
speak. 

Mr.  G arrow, — Whom  does  that  appear  in 
die  tille-page  to  lie  printed  by  f — Symonds. 

Is  there  any  other  person  named  as  tlie 
fublisher } — And  Cho  Rickman. 

Had  you  communications  with  the  author 
opon  the  subject  of  an  edition  of  the  Address 
to  tlie  Addressers? — I  bejg  leave  to  address 
the  Court — Mv  lord,  this  publication  has 
been  deemed  a  libel 

Mr.  Garraw. — I  am  not  asking  the  witness 
whether  he  published  or  told  any  of  them,  or 
whether  he  lent  any  one,  but  whether  he  had 
uiv  communication  with  the  author  upon  the 
subject?— The  author  printed  it,  to  the  best 
of  my  knowledge,  when  I  was  in  the  country ; 
I  was  at  Margate,  I  believe,  at  the  time  wheo 
be  printed  this  pamphlet. 

Lord  Chief  Justice  £yr«. —Hitherto  I  do 
not  observe,  that  you  have  laid  a  eround  for 
asking  any  question  about  this  book. 

Mr.  Attorney  General. — We  will  postpone 
the  examination  of  Mr.  Johuson  at  present. 

Mr.  Garnac. — We  will  now  read  the  rest  of 
the  Minute  of  the  Constitutional  Society  of 
the  Wth  of  October,  which  your  lordship  re- 
collects we  postponed  in  order  to  read  Mr. 
Barlow's  book. 

[It  was  read.] 

^  Ordered,  That  the  secretary  be  directed 
to  transmit  a  copy  of  the  Ar^s  of  to-morrow 
to  each  of  the  members  of  this  society. 

"  Rc»d,  The  ibllowing  letter,  and  inclosed 
address  to  the  National  Convention  of  France, 
from  the  London  Corresponding  Society. 

"  To  D.  Adams,  secretary  to  the  Society  for 
Constitutional  Information. 

"Sir; — Your  favour  of  the  third  instant, 
mfomiing  us,  I  hat  our  proposal  for  addressing 
tiie  French  National  Convention,  had  met 
with  the  approbation  of  the  Society  for  Con- 
stitutional Informatk)n,  we  have  enclosed  you 
a  copy  of  the  address  we  have  drawn  uj>,  and 
mean  to  send,  the  society  at  large  having  ap- 
proved of  it. 

**  Not  in  the  least  presuming  to  propose  it 
6k  Ibe  adoption  of  your  society,  ourselvea  will 
jgyfuUy  throw  it  aside,  and  as  rc»dilj  sub- 


A.  D.  1704.  [5*8 

scribe  to  any  production  of  your's,  better  cal- 
culated to  answer  the  purpose,  and  less  un* 
worthy  being  presented  to  so  augubt  an  aa« 
sembly. 

**  Should  no  other  be  produced,  we  imagine 
this  plain,  but  honest  aildress,  will  be  adopted 
by  some  other  societies,  in  concurrence  witU 
our  own  i  and  respecting  tlie  manner  of  sign- 
ing, of  conveying,  and  of  presenting  it,  your 
better  experienced  advice  will  greatly  oblige, 
gentlemen,  your  very  humble  servants,  for  the 
committee  of  the  iLndou  Corresponding  So* 
ciety,  (Signed) 

'*  Maurice  AIargarot,  chairmaiu 
"  Thomas  Hardy,  secretary." 
•*  Thursday,  11th  October,  1792." 

"  Frenchmen  ! —While  foreign  robbers  ar# 
ravaging  your  territories,  under  the  specious 

Iiretcit'of  justice;  cnieltv  and  desolatuxn 
eading  on  their  van,  per^y  with  treachery 
bringing  un  their  rear,  ^et  mercy  and  frieiiQ« 
ship'  inipuclently  held  forth  to  the  world  aa 
the  sole  motives  of  tlieir  incursions,  the  op- 
pressed part  of  mankind  forgetting,  for  awhile, 
their  own  sufferings  feel  only  for  yours,  and 
with  an  anxious  eye  watch  the  event,  tew* 
vently  supplicating  the  Almighty  Ruler  of  the 
Universe  to  be  favourable  to  your  cause,  so 
intimately  blendetl  with  their  own. 

"  Frowned  upon  by  an  oppressive  system 
of  control,  whose  gradual,  but  continued  en 
croachments,  have  denrived  this  nation  of 
nearly  all  its  boasted  Aberty,  and  brought  us 
almost  to  that  abject  state  of  slavery,  from 
which  you  have  so  emerged,  6,000  British 
citizens,  indignant,  manfully  step  forth  to 
rescue  their  country  from  the  opprohrhim 
brought  upon  it,  by  the  supine  conduct  of 
those  in  |>ower.  Tliey  conceive  it  to  be  tht 
duty  of  Britons  to  countenance  and  assist,  to 
the  utmost  of  their  power,  the  champions  of 
human  happiness,  ^nd  to  swear  to  a  natk>D, 
proceeding  on  the  plan  you  have  adopted^  an 
mviolable  friendship.  Sacred  from  this  day 
be  that  friendship  between  us  !  And  may  von-* 
gcance  to  the  uttermost,  overtake  the  man 
who  hereafter  shall  attempt  to  cause  a  rupture, 

'*  Though  we  appear  so  few  at  present,  be 
assured,  Frenchmen,  that  our  number  iu« 
creases  daily ;  it  is  true,  tliat  the  stern  up- 
lifted arm  of  authoritv  at  present  keeps  back 
the  timid,  that  busily  circulated  impostors 
hourly  mislead  the  credulous,  and  that  court 
intimacy,  with  avowed  French  traitors,  has 
some  enoct  on  the  unwary-,  and  on  the  am- 
bitious. But,  with  certainty,  we  can  inform 
you,  friends  and  freemen,  that  information 
makes  a  rapid  progress  among  us.  Curiosity 
has  taken  possession  of  the  public  mind;  the 
conjoint  reign  of  ignorance  and  despotism 
passes  away.  Men  now  ask  each  other,  what 
IS  freedom  ?  what  are  our  rights  f  Frcnchmcni 
you  are  already  free,  and  Bntous  are  preparing 
to  become  so ! 

<<  Castine  far  from  us  the  criminal  preji|>^ 
dices  artfuUy  iactd/caisd  by  evil-nanded  mei^ 


623]         35  GEORGE  III. 

and  wily  courtiers ;  we,  instead  of  naturd 
enemies,  at  length  discover  in  Frenchmen, 
our  fellow  citizens  of  the  world,  and  our 
brethren  by  the  same  Heavenly  Father,  who 
created  us  for  the  purpose  of  loving  and  mu- 
tually assisting  each  other ;  but  not  to  hale, 
and  to  be  ever  ready  to  cut  each  others  throats, 
at  the  command  of  weak  or  ambitious  kings, 
and  corrupt  ministers. 

^  Seeking  our  real  enemies,  we  find  them 
in  our  bosoms ;  we  feel  ourselves^  inwardly 
torn  by,  and  ever  the  victims  of  a  restless, 
all-consuming  aristocracy,  hitherto  thc4iane 
of  every  nation  under  the  sun !  Wisely  have 
you  acled  in  expelling  it  from  France.. 

**  Warm  as  are  our  wishes  for  your  success, 
eager  as  we  are  to  behold  freedom  triumphant, 
and  man  every  where  restored  to  the  enjoy- 
ment of  his  just  rights,  a  sense  of  our  duty,  as 
orderly  citizens,  forbids  our  flying  in  arms  to 
your  assistance;  our  government  nas  pledged 
the  national  faith  to  remain  neutral:— in  a 
siniggle  of  liberty  against  despotism,  Britons 
remam  neutral !  O  shame !  But  we  have 
entrusted  our  king  with  discretionary  powers; 
—we  therefore  must  obey; — our  hands  are 
bound,  but  our  hearts  are  free,  and  they  are 
with  you. 

**  Let  German  desnots  act  as  they  please. 
We  shall  rejoice  at  tneir  fall,  compassionating 
however  their  enslaved  subjects.  We  hope 
this  tyranny  of  their  masters  will  prove  the 
faeana  of  reinstating,  iq  the  full  enjoyment  of 
their  rights  and  liberties,  millions  ot  our  fel- 
low creatures. 

•*  With  unconcern,  therefore,  we  view  the 
elector  of  Hanover  join  his  troops  to  traitors 
ar.d  robbers ;  but  the  king  of  Great  Britain 
Mrill  do  well  to  remember,  that  this  country  is 
not  Hanover. — Should  he  forget  this  distmc- 
tion,  wo  will  not. 

"  While  you  enjoy  the  envied  ^lory  of  be- 
ing the  unaided  defenders  of  freedom,  we 
fondly  anticipate,  in  idea,  the  numerous  bles- 
sings mankind  will  enjoy,  if  you  succeed,  as 
yrc  ardently  wish,  the  triple  alliance  (not  of 
crowns,  but)  of  the  people  of  America,  France, 
and  Britain,  will  civc  freedom  to  Europe,  and 
peace  to  the  whole  world.  Dear  friends,  you 
combat  for  the  advantage  Of  the  human  race. 
How  well  purchased  will  be,  though  at  tlie 
expense  of  much  blood,  the  glorious,  the  un- 
precedented privilege  of  saying,  mankind  is 
Iree !  Tyrants  and  tyranny  are  no  more ! 
Peace  reigns  on  the  earth !  And  this  is  the 
work  of  Frenchmen." 

*•  Resolved ; — ^I'hal  the  thanks  of  this  so- 
ciety be  given  to  the  London  Corresponding 
Society,  tor  the  above  address  transmitted  by 
them ;  and  that  the  secretary  acquaint  them, 
this  society  do  highly  approve  ot  the  spirit  of 
the  same." 

[The  following  entries  were  read  firom  the 
books  of  the  Sociely  for  Constttutioiul 
InformatioiL] . 

:  ^AlaiMetiiigor 


Trial  of  Thmiuu  Hardy 


[SS4 


Crown  and  Anchor-ttvem,  Strand,  Eridayy 
October  19, 1793, 

•^  passBin-y 

<<  Mr.  J.  H.  Tooke  in  the  chair. 

''  Mr  Sturch,  Mr.  Hull,  Mr.  Frost,  Mr.  Wil- 
liams, Mr.  Merry,  Dr.  Edwards,  Mr. 
Pearson,  Mr.  Ausell,  Mr.  Sbarpe,  Mr. 
Brookbank;,  Mr.  Walsh,  Mr.  fiankt,  Mr. 
Bonney,  Mr.  Peacock,  Mr.  Walford,  Mr. 
Chatfield,  Mr.  Joyce,  Mr.  HoIcroA,  Mr. 
Balmanno,  Mr.  Richter,  lord  Edward  Fits* 
gerald,  Mr.  Sinclair. 

'^  Mr.  Sturch  produced  and  read  to  the  lo- 
ciety  the  following  answer  he  was  directed  to 
prepare  to  Mr.  Joel  Barlow,  which  was  ap- 
proved of  and  published  together  Mrith  Mr. 
Barlow's  letter  to  this  society  in  the  papers. 

''Sir; — your  manly  and  energetic  address 
to  -the  National  Convention  in  France,  having 
been  received  b^  the  Society  for  Constitu- 
tional Information,  and  read  at  their  last 
meeting,  they  cannot  hesitate  to  return  yo« 
their  unanimous  thanks  for  so  valuable  a  prc*- 
sent,  and  to  express  in  the  warmest  teroas 
their  hearty  approbation  of  its  spirit  and  ten- 
dency :  your  little  treatise,  by  exhibiting  the 
most  important  political  truths  in  a  new  and 
striking  point  of  view,  is,  in  their  opinioi^ 
happily  calculated  to  inform  the  inquiring 
mind,  and  to  inspire  an  ardent  and  enlighten- 
ed zeal  for  the  freedom  and  happiness  of 
mankind.  In  this  opinion,  they  doubt  not^ 
the  public  voice  will  concur,  when  the  pam- 

Irhlct  shall  hav.e  obtained  that  general  circu- 
ation  to  which  its  merits  entitle  it. 

*'  It  is  with  reason  that  you  think  the  sub- 
ject of  your  book  not  foreign  to  the  great  ob- 
ject of  the  society,  which  has  invariably  been, 
to  lead  their  countrymen  to  think  for  them- 
selves on  the  momentous  subject  of  govera- 
ment^  and  thus  to  produce  an  universal  and 
practical  conviction  of  one  great  truth,  that 
without  a  real  representation  of  the  people, 
frequently  renewed,  there  can  be  no  eitectuai 
check  to  that  system  of  corruption,  by  which 
the  public  treasure  is  squandered ;  no'  security 
for  that  portion  of  liberty  which  we  shall  en- 
joy, nor  any  rational  hope  that  government 
will  be  conducted  with  a  view  to  its  only  pro* 
per  object,  the  happiness  of  the  many,  and 
not  the  interest  of  the  few. 

"The  society  observe,  with  heart-felt  satis- 
faction, that  in  the  present  great  crisis  of  hu- 
man affairs  while  some  writers  arc  found  even 
in  this  country,  who  openly  proclaim  what 
they  call  the  *  cause  of  kings*  in  opposition  to 
the  cause  of  the  people,  whom  they  impu- 
dently term  the  '  swinish  multitude ;'  there 
are  not  wanting  on  the  other  hand^  men  of 
the  first  character  and  ability  who  nobly  vin- 
dicate the  rights  of  man,  and  they  trust,  that 
vour  excellent  writings  in  eeneral,  and  tha 
letter  to  the  Convention  of  Fiance  in  partku- 
kty  will  be  eminently  conducive  to  tne  sue- 
Mitirt  1m1  Iniuipb  of  4liat  cause,  xrhicli 


125} 


J&r  High  Treason* 


A,  0.  17M. 


lb%s- 


jCHi  justlY  «yi#  ^  the  most  glorious  iliat  ever 
•  *  tneigea  thr  attention  of  inankuid/ 
**  Joel  Bailow,  esq/' 

•*  IWd  ibc  following  letter  from  the  Lon- 
don CorretpoDiJing  8ucipy : 

«  Lonihn^  Octolifr  18,  179?* 
**  Sir  I — ^The  London  Corrcspoinliuf:;  Society 
teftrn.    with   nleasure,  that    tne    Suciely   for 
C-  il  Inform ulion  approve  the  s}>i fit 

ot  M ;  but  to  com*?  (»Hck  to  the  pointy 

wt  ifiat  as  you  UaA  previously  ap- 

^n  ueiisure,  and  as  you  now  like  the 

tpiril  vt  the  address,  we  may  with  propriety, 
Mk  you,  whether  you  will  concin-  with  us  in 
lendmg  tliat  address,  or  whether  you  will 
draw  up  another  better  suited  to  the  present 
circtim stance s ;  and  permit  us  to  join  you  in 
tnmsroitting  it  to  the  French  National  Con- 
tentioti. — I  am,  sir,  for  the  committee  of  the 
delegates  of  the  London  Corresponding  Society, 
jour  very  humble  servant, 

**  Maurice  Ma  no  a  rot,  chairman. 
*D.  A  i»  A  MS,  secretary  to  the  So* 
eietjr   for  Constitutional  Infor* 

matlon" 

Resolved ;— Tliat  the  cornniiltce  be  ap- 
otffl  In  ronfer  with  the  delegates  of  the 
responding  Society,  ou  an  address 
to  nji  Convention  of  France.*' 

**  At  a  meeUng  of  the  society  held  Friday, 
0€iohrr  2<5,  UQIt,  at  tiie  Crown  and  Anchor- 
tircni»  Slratid, 

•*  Mr,  John  Frost  in  the  chair, 

*Mf,  Hokroft,    Mr.  Peacock,   Mr.   Moore, 
At,  Hull,  Mr,  Walford,  Dr  Edwards,  Mr. 
Mr  Banks,  Mr,    Balmanno,    Dr. 
axwell»  Mr.  J,  Martin,  Mr.  Sinclair^  Mr. 
I  Starch,  Mr.  Joyce,  colonel  Keating,  Mr. 
Q'ears^^in,  Mr.  Bonney,  Mr.   L   WiTlianjs, 
J.   IL  Tooke,    Mr,   Brookbank,   Mr. 
on,  Mr.  Sutton,  Mr.  Bailev,  Mr.  Mor* 
Mr.  Barlow,   Mr    Satchell,  Mr.  J. 
B9,  Mr.  Ricbter,  Mr.  Geddes. 

'  The  secretary  read  the  report  of  the  com- 
!  apnoinied  at  the  last  meeting. 
Dived  ; — That  the  report  ut  the  com- 
*^  '^  tommitted. 

-That  the  secretary  do  procure 
-^(  th.  manifesto,  pubUshed  by 
til  yne  while  in  America; 

oi  I  itcly  published  by  the 

dij  k  in  France;    of  the  last 

r  n  against  writings  and  meet* 

ki  lud ;  and  of  the  emperor's  recent 

fr  I  nt  Rru'^sfh  on  the  same  subject. 

1^  f^s  may  be  printed 

f-  ;  of  paper,  and  be 

trai  to  all  the  aasoci- 

•t"-    '  tin, 

**  lievjivni ;  nun  t  nr  abovc  Order  bc  pub- 
hlM  b  Uie  newspapers. 

•*R«iolvH  —  »f  -^  ♦  •Up  next  meeting  of 
tlui  »odet^ ,  r  of  an  answer  lo 

^  Unifl'ji.  ,:,  -   Society  on  the 


subject  oi  their  letter,  accompatijing  their  ad« 
chess  to  the  National  Convention  of  France. 

*•  Resolved : — That  al  the  said  metting,  tho 
society  do  attend  to  the  example  of  the  Lon« 
don  Corresponding  Society,  and  consider  of  i 
an  address  to  the  National  Convention   of  j 
France.'* 

"  Al  a  meeting  of  the  Society  for  Constitu- 
tional Information,  held  at  the  Crown  and 
Anchor-tavern,  Strand^  Friday,  November  2, 
1702, 

**  PREStKT, 

"  Mr,  Frost  iu  the  chair, 
"  Mr.  Tooke,  Mr.  BosviUc,  Mr.  Walsh,  Dr. 
Edwards,  Mr.  Bonney,  Mr.  J.  Martini  Mr. 
Slurch,  Mr.  Sharp,  Mr.  Gedde!«,  colonel 
Keating.,  Mr.  Rae,  Mr.  Bakewell,  Mr.  Jovce^ 
Mr.  Barlow,  Mr.  Johnson,  Mr.  Sinclair, 
Mr.  Holcroft,  Mr.  VVdliaras,  Mr.  Hind,  Mr, 
Tuffin,  Mr.  M.  Bush,  Mr.  G.  Wilhams,  Mu 
A  spinal,  Mr.  Fitzgerald. 

"  Resolved ; — That  a  committee  of  corre»-^  i 
pondence  be  appointed,  to  consider  of,  an<l 
prepare  an  severs  lo  all  such  letters  as  are,  or.  j 
may  be,  sent  to  this  society. 

**  Ordered  ;— That  the  answer  lo  the  letter  ' 
of  the  London  Corresponding  Society,  acom« 
panying  their  address  to  the  National  Con*  \ 
\ en  lion  of  France,  be  referred  lo  ihc   said  | 
committee, 

**  Resolver] ; — That  a  committee  be  ap]>oint-  I 
ed  to  consider  of  an  address  to  the  National  ^ 
Convention  of  Fiance. 

*•  Resolved ;— That  Messrs.    Bartow,  Sin- 
clair, and  Tuftin,  do  compose  tlie  said  com- 
mittee ;  and  that  the  said  committee  be  re>-  < 
quested  lo  make  their  report  on  Friday  next.' 

"  At  a  meeting  of  tlie  socielv  for  ConatittH  < 

tional  Information,  held  at  the  Crown  and 
Anchor,  S  Ira  rid,  Friday  9  th  November,  i79t*<^ 

**  PRESENT, 

•*  Lord  SemptJl  in  the  chair, 

**Mr.  Bosville,  Mr.    Rae,    Mr.    Hull,    Mr,.^ 

Sharpc,  Mr.  Jennings,  Mr.  Sutton,  Mr.  Frost, '| 

Mr.  Tooke,  Mr.  Sturch,  col.  Keating,  Mr.  Hoi-  ^ 

croft,  Mr.  Barlow,  Mr,  Tutfin,  Mr.  Sinclair,  j 

Mr.  Murgarot,  Mr.  Walts,   Mr.   Richter," 

Mr.  Littlejohn,  captain  Perry,  Mr.  Joha!< 

Martin,  Mr.   Banks,   Mr.   Williams,   Mr. 

Geddes,   Mr.   Fitzgerald,   Mr.    Parkinson,. 

Mr.  Gerrald,  Mr.Rickman,  Mr,  Bush,  jun., 

Mr.  Lockbart,  Mr,  Moore, 

*'  The  committee  appointed    nl    the    last;^ 

meeting  to  prepare  an  address  from  this 

ciety  to  the  National  Convention  of  Francc^^ 

made  their  report,  and  produced  the  followmg 

address  which  was  read  and  approved  i 

*'  The  Society  for  Constitutional  informiiiioa| 
in  London,  lo  the  National  Conventioitl 
of  France. 

**  Servants  of  a  Sovereign  People,  awl 
ncfactors  of  Mankind  ;— We  rgokt  tint  v-.a^l 


5d7]         S5  GEORGE  III. 

revolution  has  arrived  at  that  point  of  perfec- 
tion which  will  permit  us  to  address  you  by 
this  title;  it  is  the  only  one  that  can  accord 
with  the  character  of  true  led?^Iators.  Every 
successive  epoch  in  your  ai^rs,  has  added 
sometliing  to  the  triumphs  of  liberty;  and 
the  glorious  victory  of  the  10th  of  August,  has 
fiuaHy  prepared  the  way  for  a  constitution, 
which  we  trust  you  will  establish  on  the  basis 
of  reason  and  nature. 

"  Considering  the  mass  of  delusion  accu- 
mulated on  mankind,  to  obscure  their  under- 
standings, you  cannot  be  astonished  at  the 
opposition  you  have  met  both  from  tyrants 
and  from  slaves.  —  The  instrument  used 
agunst  vou  by  each  of  these  classes  is  the 
same ;  for  in  the  genealogy  of  human  mise- 
rieSy  ignorance  is  at  once  the  parent  of  oppres- 
sion, and  the  child  of  submission. 

**  The  events  of  every  day  are  proving,  that 
your  cause  is  cherished  by  the  people  in  *all 
your  continental  vicinity ;  that  a  majority  of 
each  of  those  nations  are  your  real  friends, 
whose  governments  have  tutored  them  into 
apparent  foes,  and  that  they  only  wait  to  be 
delivered  by  your  arms  from  the  dreaded 
necessity  of  fighting  against  them. 

"  The  condition  of  Englishmen  is  less  to  be 
deplored — here  the  hand  of  oppression  has  not 
vet  ventureil  completely  to  ravish  the  pen 
from  us,  nor  openly  to  point  the  sword  at  you. 
From  bosoms  burning  with  ardour  in  your 
cause,  we  tender  you  our  warmest  wishes  for 
the  full  extent  of  its  progress  and  success.  It 
is  indeed  a  sacred  cause  ;  we  cherish  it  as  the 
pledge  of  your  happiness,  our  natural  and 
nearest  friends ;  and  we  rely  upon  it  as  the 
bond  of  fraternal  union  to  the  human  race,  in 
which  union  our  own  nation  will  surely  be  one 
of  the  first  to  concur. 

*•  Our  government  has  still  the  power,  and 
perhaps  tlie  inclination,  to  employ  hirelings 
to  contradict  us ;  but  it  is  our  real  opinion, 
that  we  now  speak  the  sentiments  of  a  great 
majority  of  the  English  nation. — The  people 
hero  are  wearied  with  imposture,  and  worn 
out  with  war;  they  have  learned  to  reflect, 
that  botli  the  one  and  the  other  are  the  off- 
ttpring  of  unnatural  combinations  in  society  as 
relative  to  systems  of  government,  not  the 
result  of  the  xiatural  temper  of  nations^  as  re- 
lative to  each  others  happiness. 

"  Go  on,  legislators;  m  the  work  of  human 
happiness— -the  benefits  will  in  piirt  be  ours, 
but  the  glory  shall  be  all  your  own  It  is  the 
reward  of  your  perseverance,  it  is  the  prize  of 
virtue.  The  sparks  of  liberty  preserved  in 
England  for  ages,)  like  the  coruscations  of 
the  nortliern  aurora,  served  but  to  show  the 
darkness  visible  in  the  rest  of  Europe.  The 
lustre  of  the  American  republic,  like  an  cflFiil- 
gent  morning,  rose  with  increasing  vigour, 
but  still  too  distant  to  enlighten  our  hemis- 
phere, till  the  splendour  of  the  French  revolu- 
tion Durst  forth  upon  the  nations,  in  the  full 
fervour  of  a  meridian  sua,  «id  displayed  m 
the  midst  of  the  European  worid,  the  pl«D» 


Trial  ofThmas  Hardy 


fssft 


tical  result  of  principles  which  philosophy  had 
sought  in  the  shade  of  speculation,  and  which 
experience  must  every  where  confirm.  It 
dispels  the  clouds  of  prejudice  from  all  pcople^^ 
reveals  the  secrets  of^  all  despotism^  and  ere- 
ates  a  new  character  in  man. 

**  In  this  career  of  improvement,  your  ex - 
ainple  will  be  soon  followed;  for  nations 
rising  from  their  lethargy,  will  reclaim  the 
rights  of  man,  with  a  voice  which  mau  cannot 
resist. 

•*  (Signed  by  order  of  the  Society) 

*^  Sempill,  chairman, 
"D.  Adams,  secretary. 

^  Resolved,  That  the  thanks  of  this  society 
be  given  to  the  committee  who  prepared  the 
above  address. 

"  Resolved,  That  Mr.  Barlow  and  Mr.  Fros« 
be  deputed  by  this  society  to  present  the  ad- 
dress of  this  society  at  the  bar  of  the  National 
Convention  of  France. 

"  Resolved,  That  the  thanks  of  this  societv 
be  given,  to  Mr.  Barlow  antl  Mr.  Frost  for 
accepting  the  al)ove  deputation. 

<<  Resolved,  That  the  said  address  be  signed 
by  the  chairman  and  secretary. 

"  Resolved,  that  a  subscription  be  opened 
in  this  society,  for  the  purpose  of  assisting 
the  efforts  of  France,  in  the  cause  of  freedom. 

<<  Resolved,  Thai  the  above  rcsohition  be 
published  in  the  morning  and  evening  papers. 

*'  Resolved,  That  an  answer  be  returned  by 
the  secretary,  to  the  London  Corresponding 
Society's  letter,  accompanied  by  a  few  copies 
of  Mr.  Painc*s  letters  to  the  French  people." 

"  At  a  meeting  of  the  Society  for  Constitu- 
tional Information,  held  at  the  Crown  an(> 
Anchor  tavern,  Strand,  Friday,  l(Hlx  Novem" 
bcr,  1792, 

**  Present, 

**  Mr.  Bosville  in  the  chair, 

«  Mr.  Shorpe,  Mr.  Hull,  Mr.  Fitzgerald,  Mr. 
Pearson,  Mr.  Frobt,  Mr.  Bonney,  Mr. 
Moore,  Mr.  Jennings.  Mr.  Cicrrald,  Dr. 
Edwards,  Mr.  J.  Wilfiams,  Mr.  Barlow,  Mr, 
Banks,  Mr.  Sturch,  Mr.  Tooke,  Mr.  Bush, 
jun  Mr.  Aspinal,  Mr.  Rae,  Dr.  Smith,  col. 
Keating,  Mr.  Chatfield,  Mr.  Martin,  Mr. 
Holcrott,  Mr.  Balnianno,  Mr  Phillips,  Mr. 
Sinclair,  Mr.  Parkinson,  Mr.  Joyce,  Mr. 
Grant,  Mr.  Tuftin,  Mr.  Margarot,  Mr. 
Hardy,  Mr.  Milner,  Mr.  Watts,  Mr.  Bailey, 
capt.  Perry,  Mr.  Walford,  IVIr.  Sutton. 

**  Read  a  letter  from  Mr.  Phillips, of  Leices* 
ter,  requesting  that  the  particulMrs  of  this  so- 
ciety might  be  sent  him  for  the  purpose  of 
establishing  a  constitutional  society  m  thai 
town. 

**  Ordeied,  That  the  secretaiy  send  to  Me.. 
Phillips,  such  of  the  mdblieatiom  of  thio 
society,  as  he  maj  think  ner— May  fa>efcH 


purpoeei 
0 


BtknedJiilfrPUi 


689} 


Jov  High  Treason* 


A.  D.  1794. 


Anchor  tovern,  Straody  Friday,  7th  December, 
1792, 

"  Present, 

Mr.  Bryant  in  the  chair, 

**  Mr.  John  Martin,  col.  Keating,  Mr.  J.  H- 
Tooke,  Mr.  Bonney,  Mr.  Sharpe,  Mr.  Sat- 
chel], Mr.  Walsh,  Mr.  Delacour,  Mr.  G. 
Malij^y.  Mr.  Fitzg^erald,  Mr.  G.  Williams, 
Mr.  Sturch,  Mr.  Richter,  Mr.  Sinclair,  Mr. 
Chatfield,  Mr.  Holcroft,  Mr.  J.  Williams,  Mr. 
Kydd,  Mr.  Campbell,  Mr.  WatU,  Mr. 
Cooper,  (Jefferys-s^.^  Rev.  Dr.  Towers,  Mr. 
Balmanno,  Dr.  Smitn,Mr.  Bailey,  Mr.  Rae, 
Hr.  Hardy,  Mr.  Joyce,  Mr.  White,  Lord 
tanpiU,  Mr.  Lockhart, 
^  Read  a  letter  from  Mr.  Barlow  and  Mr. 
¥hMt,  with  the  address  to  the  National  Con- 
fentioii  of  France,  and  the  answer  of  the  pre- 


[530 


^  Ordered,  That  the  same  be  taken  into 
caBuderation  at  some  future  meeting.'' 
^  Mr.  Tkamas  Maclean, — ^I  found  these  papers 
b  the  possession  of  Mr.  Adams. 

Mr.  Umrron. — ^This  is  the  letter  referred  to 
in  the  minute  last  read. 

[It  was  read.] 
•  Citizens  and  Associates; — We  have  exe- 
CBted  jour  commission  to  the  National  Con- 
TcntioD  of  France,  in  a  manner  which  we 
hope  will  meet  your  approbation.  A  transla- 
tion of  the  papers  herewith  inclosed,  was 
jBltaday  presented  at  the  bar  of  the  conven- 
IIhi,  and  received  with  universal  applause. 
After  which,  the  president  gave  us  the  kiss  of 
fateniity  in  behalf  of  tlie  French  nation, 
which  we  returned  in  behalf  of  our  society. 
The  tcaoe  was  truly  interesting  to  every  fecl- 
Bg  of  humanity,  and  drew  tears  from  a  | 
crowded  assembly.  It  gave  rise  to  reflexions, 
ivhkh  can  scarcely  be  conceived  by  men  in 
u^  other  circumstance  of  hfe ;  it  was  the 
Rooociliation  of  brothers,  who  had  long  been 
ezdted  to  a  mortal  enmity  by  misunderstand- 
hM  and  mutual  imposition.  The  wounds 
vokb  had  bled  for  ages  were  closed  and 
fa)p)t.  while  the  voice  of  nature  declared  they 
ibobld  never  more  be  opened.  Ihe  president 
maounced  a  discourse  in  answer  to  our  ad- 
dneiii^  which  we  likewise  enclose. 

"  Joel  Barlow. 
^  Paris  «9th  Nov.  1792.    "  John  Fbost. 
^  To  the  Society  for  Constitutional 
lafonnation  in  London. ' ' 

^  Aithe  Bar  of  the  Convention,  November  2S. 

^GitiKnt  of  France;— We   are    deputed 

ten^  the  Society  for  Conttitutwnal  Infurma- 

Hm  M  JLomdanj  to  present  to  ^ou  their  con* 

'rtioBS  on  the  triumphs  of  liberty.    This 

r  bad  laboured  long  in  the  cause,  with 

61  of  success,  previous  to  the  com- 

il  cf  jwtt  revolution.     Conceive 

■tioM  of  gratitude,  when  by 

Bfisla  oTyour  nation,  they 

acquiring  aa  ex. 


tension  and  solidity,  which  promise  to  reward 
the  labours  of  all  good  men,  by  securing  the 
happine.ss  of  their  Fellow  creatures. 

"  Innumerable  societies  of  a  similar  nature 
are  now  forming  in  ^very  part  of  Bngland, 
Scotland,  and  Ireland.  'Iliey  excite  a  spirit 
of  universal  inquiry  into  the  complicated 
abuses  of  government,  and  the  simple  means 
of  reform. 

"  After   the  example   which  France  has 

Jfiven,  the  science  of  revolutions  will  be  reh- 
ered  easy,  and  the  progress  of  reason  will 
be  rapid.  It  would  not  be  strange,  if,  in  a 
period  far  short  of  what  we  sliould  venture 
to  predict,  addresses  of  felicitation  should 
cross  the  seas  to  a  national  convention  in 
England." 

[Uere  follows  the  address  ] 

"  We  are  also  commissioned  to  inform  the 
convention,  that  the  society  which  we  represent 
has  sent  to  the  soldiers  of  liberty  a  patriotic  do- 
nation of  one  thousand  pair  of  snoes,  which 
are  by  this  time  arrived  at  Calais;  and  the 
societv  will  Continue  sending  a  thousand  pair 
a  week  for  at  least  six  weeks  to  come.  We 
only  wish  to  know  to  whose  care  thay  ought 
to  be  addressed.  '<  Joel  Barlow, 

''John  Frost. 

«  Paris,  Nov.  28th,  ITO?." 

"  The  President's  Answer. 

^  Brave  children  of  a  nation  which  has 
given  lustre  to  the  two  worlds,  and  great  ex» 
amples  to  the  universe ;  you  have  addressed 
us  with  something  more  than  good  wishes^ 
since  the  condition  of  our  warriors  has  ex- 
cited your  solicitude.  The  defenders  of  our 
liberty  will  one  day  be  the  supporters  of  your 
own.  You  command  our  esteem,  you  will 
accept  our  gratitude.  The  sons  of  liberty 
through  the  world  will  never  forget  their  ob- 
ligations to  the  English  nation. 

"  The  shades  of  Fym,  of  Hampden,  and  of 
Sydney,  are  hovering  over  your  hcaas ;  and 
the  moment  cannot  be  distant,  when  the 
people  of  France  will  offer  their  congratula- 
tions to  a  national  convention  in  Einsland. 
Too  lone  has  the  torch  of  discord  enffamed 
the  English  and  the  French ;  while  the  am- 
bition of  kings,  fomenting  national  aversions, 
compelled  them  to  forget,  that  nature  has 
produced  none  but  brothers. 

"  Your  islands,  it  is  said,  were  severed 
from  the  continent  by  a  great  convulsion  of 
the  globe ;  but  liberty,  established  on  the 
two  shores  of  the  narrow  sea  which  divides 
us,  will  repair  the  breach,  and  restore  the 
two  nations  to  the  harmony  and  friendship 
for  which  nature  has  designed  tliem.  Rea- 
son has  begun  her  majestic  march;  she  can- 
no  longer  be  resisted  in  her  course. 

"  Generous  republicans,  your  appearance 
in  this  place  will  form  an  epoch  in  the  history 
of  mankind.  History  will  consecrate  the  dav 
when,  from  a  nation  long  regarded  as  a  riva^ 
aad  in  Uic  name  of  a  great  number  o(  yovr 

2  M 


-ean 


35  QEORGE  III. 


Trial  ofThmat  Hardy 


[588 


fellow-citizens,  you  appeared  in  the  midst  of 
the  representatives  oi  the  people  of  France, 
and  she  will  not  forget  to  recount,  that  our 
hearts  expanded  at  the  sight.  Tell  the  so- 
ciety which  deputed  yon,  and  assure  your 
fellow- citizens  in  general,  that  in  your  friends, 
the  French,  you  have  found  men." 

[The  following  entries  were  read  from  the 
books  of  the  soacty  for  Constitutional  Infor- 
mation.] 

*'  At  a  meeting  of  the  Society  for  Consti- 
tutional Information,  held  at  the  Crown  and 
Anchor  tavern,  Strand,  Friday,  December 
14,  1792, 

"  PRESENT, 

«  Mr.  J.  II.  Tooke  iu  the  chair. 

"  Mr.  Chrbtopher  Hull,  some  part  of  the 
time  in  the  chair. 

*<  Mr.  W.  Sharpc,  Mr.  Bonncy,  Mr.  J.  Mar- 
tin, Mr.  Balmanno,  jun.  Mr.  G.  Maltby, 
Mr.  Kydd,  Mr.  Chatficld,  lord  Sempill,  Mr. 
Moore,  Mr.  Hofcroft,  Mr.  TuflSn,  Mr. 
Hardy,  Mr.  Reader,  Mr.  Satchcll,  Mr. 
Banks,  Mr.  Sturch,  Mr.  Lockhart,  Mr.  Rutt, 
BIr.  B.  Cooper,  Mr.  Chalk,  Mr.  Margarot, 
Mr.  Rac,  Mr.  Fitzgerald,  colonel  Keating, 
Mr.  G.  Watts,  Mr.  Williams,  Mr.  Camp- 
bell, Mr.  Jennings,  Mr.  Sinclair, 

^'  Read  a  printed  address  from  Manchester. 

*'  Resolved,  That  the  said  address  be  ap- 
proved for  publishing  in  the  newspapers. 

''  A  motion  was  made  and  seconded,  that 
the  20lh  law  of  this  society  be  suspended  on 
this  occasion,  which  motion  was  carried  in 
the  affirmative. 

"  Resolved,  That  the  S2ud  address  be 
printed  in  the  newspapers. 

"Resolved,  That  one  hundred  thousand 
copies  of  the  same  be  printed  by  this  society, 
and  distributed  to  their  correspondents  in 
Great  Britain  and  Ireland. 

"  Resolved,  That  the  said  resolutions  be 
signed  by  llie  chairman  and  secretary. 

"  Read  a  letter  from  the  Society  of  Friends 
of  Liberty  and  Equality,  sitting  at  Laon,  ca^ 
pital  of  the  department  DTAisne,  to  the  pa- 
triotic society  of  Ix)ndon,  named  the  Society 
for  Constitutional  Information. 

"  Resolved,  That  the  said  letter  be  referred 
to  the  committee  of  correspondence." 

Mr.  Maclean, — ^I  found  these  three  papers 
in  the  house  of  Mr.  Adams. 

William  Uuskition,  esq.*  sworn. — Examined 
by  Mr.  Garrou\ 

You  resided,  I  believe,  for  a  considerable 
time  in  France  ?— I  did. 

•  In  179:>,  appointed  under  secretary  of 
state  to  Mr.  Dundas,  iu  the  war  department. 
He  was  afterwards  secretary  of  the  treasury 
during  Mr.  Pitfa  second  administration,  and 
alho  during  the  time  the  duke  of  Portland 
was  at  the  bead  of  the  treasuiy.    Oo  the 


You  are  well  acquainted  with  theFrenck 
language  ? — I  am. 

[Mr.  Huskisson  delivered  into  court  Kng- 
lish  translations  of  the  three  letters  product 
by  Maclean.] 

[They  were  read.] 

"  Apt,  the  i7tk  December^  • 
"  First  year  of  the  French  RepuUU. 
*'  The  popular  and  republican  society  of  Apt, 
department  of  the  mouths  of  the  Rhone, 
to  the  popular  society,  sitting  at  London. 

''  LIVE   FREE,  OR  DIE  ! 

'^  Citizens,  Brethren  and  Friends  ;*-When 
two  great  nations,  acquainted  with  their 
rights,  approximated  by  their  commercial 
connexions  and  their  natural  situation,  formed 
to  love  and  to  act  in  concert  with  each  other, 
begin  to  frame  the  glorious  project  of  uniting 
themselves  for  tlie  regeneration  of  the  human 
race,  one  may  then  say  with  reason,  thai 
kings  are  ripe  and  ready  to  fall. 

<'  How  glorious  will  it  be  for  France  and 
England  to  have  formed  alone  a  confederacy 
destructive  of  tyrants,  and  to  have  purchase^ 
at  the  price  of  <their  blood,  the  liberty  of 
Europe— wo  may  say  more,  of  the  whole 
universe.  ^    ' 

<<  Courage,  brethren  and  friends.  It  is  for 
you  to  follow  us  in  the  glorious  and  hazardous 
career  of  the  revolution  of  the  world.  "Can 
ye  any  longer  groan  under  the  yoke  of  m 
government,  that  has  nothing  of  liber^  but 
the  name  ?  For,  althou|;h  your  land  was  ii^ 
habited  before  others  by  freemen,  can  ye, 
without  illusion,  consider  your  government 
as  such  ? 

<'  Will  ye  content  yourselves  v^th  a  partial 
freedom  ?  Will  the  English  be  satisfied  with 
principles  ?  Will  that  lK>ld  nation,  that  has 
produced  philosophers  the  most  profound, 
and  that  first  of  all  perceived  the  sparkling 
rays  of  reason,  remain  a  spectatrix  in  so  noble 
a  cause. 

**  No,  brethren  and  friends,  no !  you  will 
soon  lift  yourselves  up  aeainst  that  perfidious 
court  of  St.  James*s^  wnose  infernal  polky, 
like  to  that  which  found  its  tomb  in  i&t 
Thuillerics,  has  made  so  many  victims  in  our 
two  nations,  and  does  disunite  them  perpe* 
tually  to  rule  over  them. 

"  Your  love  for  liberty  has  fixed  your  at- 
tention upon  the  wants  of  our  defenders; 
your  generosity  toward  them  is  a  title  to 
the  acknowledgments  of  the  republic.  We 
are  impatient  to  fiimish  you  the  same  a^ 
vantages.  The  popular  societies  of  France 
desire  ardently  tne  epoch  that  shall  pennit 
them  to  address  their  vows  to  tlie  naticNoal 
assembly  of  Great  Britain,  and  to  offisr  to  the 

29th  of  July,  1 8 14,  he  was  sworn  one  ofhip^'' 
jesty*8  privy  council,  and  is. now  fA.'t^'^ 
first  commissioner  ofthe  wip»*«  * 
land  ravenue,  aodi 


SSS] 


Jar  High  Treaion*^ 


loldiers  of  the  liberty  of  your  natioo,  arms, 
bayonets,  and  pikes. 

**  The  members  composing  the  Committee 
of  Correspondence : 

*'  AUSELME  RaSPAUD, 

*'  AuBOR,  Secret, 

**  Abuise,  Perrin  Aglean/' 

"  VULIJ, 

''To  the  citizens  composing  the 
Constitutional  Society,  sitting 
at  London." 

**  The  Society  of  the  Friends  of  Liberty  and 

Equality,  sitting  at  Ladn,  the  head  of  the 

defmrtment  of  the  Aisne,  to  the  patriotic 

society  of  London,  called  the  Society  for 

Constitutional  Information. 

"  Generous  Republicans ;  —  The  philan- 

tbropic  gift  that  you  have  presentedf  to  the 

wimors  of  France,  announces,  with  energy, 

Ibe  great  interest  tliat  you  take  in  the  sacred 

anise  which  they  are  defending. 

^  Accept  the  thanks  of  a  society  that  does 
honour  to  itself  in  esteeming  you. 

''The  time,  perhaps,  is  not  far  distant, 
when  the  soldiers  of  our  liberty  shall  be  able 
to  testify  their  gratitude  to  you.  Then  their 
arms,  their  blood  itself,  shall  be  at  the  service 
of  all  your  fellow-citizens,  who,  like  you,  ac- 
loiowleage  no  rights  but  the  riehts  of  man. 
Then  FrSnce  and  England  shall  form  toge- 
ther a  treaty  of  union  as  lasting  as  the  course 
of  the  Seine  and  the  Thames.  Then  there, 
ts  here,  there  shall  exist  no  other  reign  but 
tbal  of  liberty,  equality,  and  friendbhip.  May 
this  dsy  of  felicity  and  glory  soon  shine  upon 
the  horizon  of  two  nations,  formed  to  admire 
each  other. 

•*  2nd  December,  1792. 

*  First  year  of  the  French  Republic. 

"  The  members  composing  the  Committee 

of  Correspondence. 

**  Hamaides,    Bawdry,    Demonciaux." 

The  envelope  is  directed  "  To  the  pa- 
triotic society  of  London,  called  the 
Sodety  for  Constitutional  Informa- 
lioo,  at  London,  England. '' 

^  TirU  year  of  the  French  Republic, 
6th  December^  1792. 
•'The  Society  of  the  Friends  of  Liberty  and 
£ouality,.cstablished  at  Ma^on,  department 
ofthe  Saoiic  and  Loire,  to  the  Constitutional 
Sodety  of  Loudon. 

*  Yes,  citizens,  our  brethren  and  friends, 
the  lOth  of  August,  1792,  shall  be  distin- 
guished in  the  annals  of  the  world  as  the  day 
ofthe  triumph  of  liberty. 

^  Oar  first  revolution  did  but  show  to  us 

the  salutary  princioles  of  the  imprescriptible 

qi^  of  man :  ail,  except  the  unprincipled, 

tad  the  enemies  of  humanity,  adopted  them 

Mlh .  enthusiasm.    It   was   then   that   we 

4lMaael\es  into  a  society,  in  order  the 

^Impwss  them  upon  ourselves,  and 

tmA  s1mb>  -4n  ^iiow. 


A.  D.  1794.  [634 

^'  Our  first  constitution  had  consecrated 
them,  but  had  not  always  taken  them  for  its 
base.  The  dominion  of  the  passions,  the 
force  of  habit,  the  impression  of  prejudices, 
and  the  power  of  the  intri^es  employed  in 
our  Constituent  Assembly,  found  the  secret  to 
preserve  sufficient  authority  to  our  tyrants, 
to  extinguish,  at  some  time,  the  sacred  rights 
of  nature,  and  to  re-establish  despotism  on 
its  throue  of  iron. 

"  But  royalty,  thus  preserved,  was  not  con- 
tent with  the  victory  that  had  secured  to  it 
the  greatest  number  of  the  corrupt  persons 
who  surrounded  it.  It  was  impatient  to  reap 
the  fruits  that  it  appeared  to  promise  itselt. 
But  its  too  great  eagerness  has  hastened  its 
ruin,  and  secured  the  trium})h  of  reason. 

"  The  French,  proud  of  their  new  exis- 
tence, soon  perceived  the  fault  of  their  first 
legislators,  became  sensible  of  the  imperfec- 
tion of  its  first  laws— saw  that  thcv  made  a 
surrender  ofthe  rights  of  liberty  and  equality 
which  they  had  emoraced,  they  roused  them- 
selves anew  to  demand,  at  length,  laws  im- 
partial and  humane. 

^  From  thence  the  necessary  day  of  the 
tenth  of  August  1792.  From  thence  a  se- 
cond revolution,  but  a  revolution  which  is 
only  the  completion  of  the  first,  which  has 
received  our  vows  and  our  oaths,  and  which 
we  will  bless  for  ever,  if  it  leads  us,  as  we 
hope  it  will,  to  the  happiness  of  the  nation, 
to  the  constant  maintenance  of  liberty  and 
equality. 

'<  Let  intriguers,  tools,  and  tyrants  calum* 
niate  us ;  we  despise  them  too  much  to  con- 
descend to  answer  them,  and  seek  for  their 
esteem. 

<*That  which  flatters  us,  is,  the  interest 
that  you  take  in  our  labours,  your  attention 
to  contribute  to  the  success  of  our  arms; 
we  desire  your  esteem,  wc  arc  proud  of  your 
approbation. 

"  We  smile  at  the  expression  of  the  senti- 
ments that  you  manifested  to  our  representa- 
tives :  we  behold  a  nation  of  brethren  rouse 
itself  to  support  the  cause  of  humanity:  we 
behold  the  brave  Endish  adopt  our  princi- 
ples, become  our  friends ;  we  say  to  ourselves 
with  pleasure,  soon  will  they  become  our 
allies,  and,  uniting  our  efforts,  wc  shall  go  on 
to  deliver  the  universe  from  the  yoke  of 
tyrants— to  restore  the  nations  to  reason  and 
nature. 

"  That  day  is  not  far  distant,  if  we  may 
rely  on  our  own  courage,  and  the  hope  of  your 
alliance. 

"  In  the  mean  time  receive  our  thanks,  and 
correspond    with  brethren    who   set  a  high 
value  upon  your  esteem. 
(Signed)  "  Lavenie,  the  younger  president. 

"  J.  B.  Hepey,  secretary  to  the  society. 
"  Dessau,  secretary." 
(In  English  in  the  original.) 
"  To  the  President  of  the  society 

called  the  Society  for  Constitu- 
tional Infonhiation  (by  way  of 

Cahus)|  London;* 


535]         S5  G£ORG£  UI. 

Jhmtu  Wood  sworn.  —  Examined   bj   Mr. 
Garrow, 

Do  you  know  Mr.  Frost's  hand-writing  ? — 
Yes ;  1  have  seen  him  write  very  often. 

Look  at  that  paper,  and  tell  mc  v»hether 
you  believe  it  to  be  Mr.  1  TO!»t's  hand- writing? 
— Yes ;  I  have  no  doubt  about  its  being  his 
band-writing. 

"  Parh,  September  20M,  1792. 
"  My  dear  Sir ; — We  arrived  safe  at  tliis 
place  yesterday  to  dinner ;  and,  having  met 
with  no  interruption  on  our  journey,  by  night 
or  by  day,  since  we  left  Dover,  except  delay 
at  Abbeville,  Amiens,  Clermont,  and  tor  want 
of  horses,  which  the  emigrants  h:ive  wore 
out.  Paris  is  now  quiet,  though  it  was  illu- 
minated, and  the  guards  under  arms  from  an 
apprehension  of  the  people  visiting  the  'leni- 
ple  to  destroy  Louis  and  his  Viiie :  the  latter 
oraves  it,  and  will  to  the  last;  the  furuier  is 
insensible  to  his  fate.  The  nivht,  however, 
passed  over  in  silence ;  and  this  evening  the 
Convention  uill  meet,  and  the  National  As- 
sembly take  their  leave.  About  three  hun- 
dred oV  the  present  assembly  are  returned  to 
the  Convention ;  the  rest  retire  with  execra- 
tions. Mr.  Paine  made  his  appearance  in  the 
National  Assembly  last  night,  which  excited 
great  curiosity  among  both  men  nnd  women, 
and  occasioned  no  small  interruption.  The 
first  who  embraced  him  was  Cambon,  who 
last  night  made  a  most  excellent  speech  on 
the  subject  of  the  jewels,  plate,  &c.  found  in 
the  churches,  &c.  in  order  to  have  them 
melted,  as  hitherto  most  infamous  use  had 
been  made  of  them,  by  pawning  them  tu  the 
Jews,  &c.  to  raise  money  for  the  emigrants. 
This  motion  was  become  the  more  necessary, 
aSf  a  few  nights  ago,  that  is,  on  the  morniug 
of  Tuesday,  40  men  armed,  entered  the  Thuil- 
leries,  and  carried  off  30  millions  of  livrcs 
The  gates  of  Paris  have  been  shut,  and  a 
search  made :  more  than  a  million  has  been 
found.  The  treachery  of  Louis  is  so  great, 
that  the  indignation  of  the  people  cannot  be 
wondered  at.  He  has  anticipjited  the  civil 
list  a  year  and  a  half,  and  mortgaocd  his  do- 
mains for  six  years.  The  bankers,  and  others 
who  have  advanced  the  money,  will  he  ruined. 
Bydc  is  gone.  I  will  inform  myself,  between 
tnis  and  Monday,  of  every  thing  that  is  pass- 
ing, and  by  that  post  send  you  a  particular 
account  of  the  lOlh,  the  truth  of  which  is  not 
yet  known  in  Lngland,  or,  if  known,  con- 
cealed or  misrepresented  to  blacken  the  revo- 
lution. Without  the  affair  of  the  10th,  liberty 
was  over.  1  am  sorry  to  learn  that  the  con- 
duct of  your  friend  gen.  M— —  is  not  well 
spoken  of.  He  was  in  the  Thuillcries  all 
night  of  the  9th  ;  and  he  and  captain  Samp- 
son left  about  eight  o'clock  in  the  morning ; 
and  there  is  no  doubt  but  he  regulated  the 
troops,  and  disposed  them  in  order  to  attack. 
His  conduct  was  winked  at,  out  of  respect  to 
tbc  English.  He  is  now  with  Dumourier's 
army,  wliicb  b  dOfiOO  BtroDg;  and  it  is  ex- 


Triat  of  Thonuu  Hardy 


[596 


pected  that  an  account  will  arrive  this  day  of 
an  engagement  between  him  and  the  Ptiu- 
sians,  as  general  Kellerman  had,  by  a  forced 
march  over  the  mountains,  joint:d  him  when 
he  last  wrote ;  within  nine  utiles  of  which, 
the  Prussians  bring  informed  of  his  approach^ 
made  an  attack  before  the  junction,  and  was 
repulsed.  There  are  jOO,000  troops  now 
upon  the  frontiers.    The   language   of  tiie 

kmg  of  P is  chans^ed  frtim  that  of 

threats  to  soothing ;  and  he  has  artfolly  en- 
deavoured to  persuade  the  troops,  thdt,  as 
tlicy  are  unable  to  defend  themselves,  and  are 
betrayed  by  their  generals,  the^  had  better 
lay  down  their  arms.  Few  Prussian  desertefs 
have  come  over ;  but  a  great  number  uf  Aus* 
trians  have  entered.  I  have  this  moment 
read  a  letter  from  general  Monepr,  who  ex- 
pects every  moment  the  attack  of  the  Proft- 
sians.  They  have  been  joined  by  a  great 
body  of  Brabanters,  who  have  all  along  foi^t 
with  uncommon  bravery.  The  post  is  going 
out.  and  con)pels  me  to  hasten  to  a  conclu- 
isiun  We  dine  to-day  with  Pelhion.  Paine 
has  entered  his  name  on  the  roll  of  parlia- 
ment, and  went  through  the  forms  of  office 
with  a  great  deal  of  nonchalance.  We  are 
well  lo()ge<l,  and,  besides  our  bed-rooms,  have 
an  entertaining  room  for  members  to  be 
shown  into :  several  have  called  this  mora- 
ing.  ^  We  are  to  give  ten  livrcs  a  day.  The 
clerk  of  parliament  has  this  moment  been 
here — Mr.  Rose,  a  relation  of  the  notorious 
George  Rose.  I  have  nothiug  more  to  add, 
but  that  Mr.  Paine  is  in  good  >pints  ;  and  in- 
deed the  flattering  reception  he  has  met  with 
all  through  France,  could  not  fail  of  it.  It  is 
more  than  I  describe.  I  believe  he  is  rather 
fatigued  with  the  kissing.  Pethion  still  re- 
tains his  popularity.  Uohcbpierre  has  been 
attacked  in  the  primary  assembly,  and  told 
that  he  was  the  most  dangerous  man  in 
France,  and  that  a  gooil  citizen  ougtit  to  blow 
his  brains  out.  The  English,  I  understand, 
showed  ereat  pusillanimity.  Tell  Vaughan, 
his  friend  Losh  was,  i'ur  three  or  lour  days 
before  he  left  the  h(»tel,  very  uneasy,  and 
thought  he  should  never  see  England  again. 
Mr.  Watt  is  here,  and  very  civil.  «  What  is 
*  become  of  Dr.  Maxwell  r'  is  the  cry.  Al- 
ways y'our's,  J.  P.* 
Addressed, "  John  Home  Tooke,  esq." 

Mr.  Garrorc. — Now  I  will  give  some  ac- 
count of  what  these  transactions  of  the  lOth 
of  A\igust  were,  which  are  stated  as  tteee»- 
sary  to  liberty. 

]Vlr.  Garrow  to  Mr.  Huskiswn — Were  you 
in  Paris  on  the  10th  of  August,  1792  ? — Yes, 
I  was. 

I  believe  you  resided  in  the  house  of  tiw 
British  ambassador,  lord  Gower  } — I  did. 

Had  you  been  in  Paris  any  time  predion 
to  the  10th  of  August  ?— From  the  monlh  of 
July,  1790. 

Be  so  good  X8  to  state  thortiy,  what  the 
facts  were,  which  are  described  as  the  1 


i 


for  High  Treamm 

loflbe  lOthof  AugiiM,  flS  they  reUte 

i  tmfeiajdioiis  HI  Paib  aud  Versaillps.  ;i^  \\w\ 

^J  under  your  obsenraUou. — On  t 

IliClist   t    nnd   Tin    opparlUllily    *♦*  .; 

l  go  out  (Jtinng;  the  eou- 

-J   in  the  course   of  that 

What  was  the  nature  of  that   which  you 
ih€   as   a  contest,    which    kepi  you   al 
lef ^.1  heard  a  firinj;;^  and  I  saw  smoke.    I 
Wm  afterward?*  some  of  the  oul-bti'  '  i 

4r«  at  ih<?  palace;  and  1  saw  peopi 
ritJi  their  arms  towsuds  that  part  oi  tn'-  town. 
What  did  you  &od  had  occasioned  the 
Ijing;  from  what  had  it  proceeded,  the  firing 
of  wm^  and  the  firing  the  huildings? — The 
6iiog  of  arms,  I  nodcrstoovlf  proceeded  from 
penoGs  who  wished  to  enter  the  palace,  and 
aJso  from  tht^se  who  opposed  their  cotntocc, 

palace,  al  that  time,  the  residence 

VI  ^|^  a^d  bis  family  ? — I  believe  it  wds. 

Can  you  describe  any  other  transactions  of 

it  day,  which  came  within  your  knowle<Jge 

the  fBOTOcnt^  or  that  came  wilhm  your  o%- 

atiof)  afterwards  ? — I  saw»  in  the  cvemng 

th»i  day,  the  governor  of  the  palace^  who 

Be  to  my  lodgings  to  shelter  Inmsetf ;  ati^ 

he  described  to  me 

In  potm:  of  llict,  the  governor  of  the  palace 
t^' ^'  ^  ' ' fr  at  your  house ? — He  did.  I  went 
'  '  vening,  about  nine  o*cIock,  ^nd  I 

:     ' '    roic,— I  submit  to  your  lordship, 

he  governor  of  the  palace  said  al 

i)g  shelter  at  the  house  of  this 

nan,  is  evidence, 

ui  Justice  £vr«.— Do  not  let  us  go 

parlicular  of  a  transaction  at  that 

Biir«>n  Hoiham, — It  is  a  histoiy  that  is 
\\\  ^nown. 

Mr  —  Vou  were  saying  that  jfou 

mil  in  inc  cveuuig? — Yes,  about  nine 
I  did  no »  fee c  any  Iblng  worth  men* 
aifig.     I  went  townrdb  the  bridge  that  \t^h 
!•  tli«  f«laee,  whtre  I  wa^  3toi»ped  by  some 
ci*  ffora  approach mg  nearer.     I   saw 
.  buiMuip  of  the  p^ilace  were  then 

.  f  Justice  Eifpt, — The  whole  of  it 

•Ti^   wus  a  great  tumult,  a  great 

he  king  and  his  family 

3  at  the  Conveution^  aitd 

4  4u  their  hbctty  allerwardM 

^u&t  60 — we  are   perfectly 

it  »o. 

^  . — Every  body  knowi  that, 
-l  believe  every  body  knows, 

'      '  r  to  read 

rj  of  Mr. 

w\  1  baud-writuig. 

WUUMrn  WiKuljtjiL^-X\%wm\nfA  by  Mr. 

Do  ytm  knw  in  whose  batul-wntiDg  that 


A,  D*  1794.- 


[588 


^  paper  i.s?^l  thmk  it,  by  ilie  character^  to  bo 
Mr.  Tookf  ^H, 

Have  you  »een  bim  write  ? — T  have,  and 
behcve  il  to  be  his,  though  I  did  not  see  him 
write  it 

Look  al  this  paper?— The  ^me  hand* 
writing. 

Jame^   'A  )rMi,^n    sworn. — Eiarained  by  Mr, 

Look  ai  incite  tour  papers-^  see  if  you  find 
ymir  name  upon  ihese.  and  whether  yoti 
seized  these  ? — Upon  these  two  only. 

John  Thompson  sworn.  —  Examined  by  Mr* 
Gorrow. 

Are  you  one  of  bis  iiiaje»ty*a  meisen^ers? 
—No ;  I  am  clerk  to  the  puLhoof^ce  in  L^m* 
beth-slreet,  Whilechapel. 

Were  you  present  when  these  papers  were 
found  ? — Yes ;  they  were  found  at  Mr.  Home 
Tooke's  house  at  Wimbledon. 

Was  that  after  Mt.  Tooke  was  taken  inbe 
custody  ?— Yes,  it  was, 

Where  were  they  found? — Some  were 
found  in  bureaus,  and  some  in  other  places. 

Who  were  present  when  they  were  found? 
—Mr,  Frost  and  Mr.  Vauthan. 

Did  they  attend  as  friends  of  Mr.Tooke?— 
They  did. 

Yon  got  the  ke\*S5,  and  you  foirad  these  pa- 
pers ? — These  two  papers  (the  two  not  spokei> 
to  by  Mr.  Thornioii)  arc  tiiarked  by  me,  as 
found  in  the  house  of  Mr,  Toi>kc, 

tMr,  lliiikisson  delivered  into  court,  E^g^ 
translations  of  the  French  papers  J 

Diaft  of  a  Letter  from  Mr,  Tooke  to  the 
Mayor  of  Paris,  in  Mr.  Tooke's  band- 
wriliog. 

*'  Sir ; — You  are  in  no  want  of  friends  ia 
England,  who  ardently  wi«<h  to  lie  useful  lo 
French  Uhertv,  But  we  wish  to  Rnow  some 
one  of  your  frieuds,  who  re!^ide«  in  London, 
In  whom  you  have  an  entire  confidence,  and 
to  whoiu  we  may  f;ivc  our  money,  in  the  as- 
surance thai  it  will  be  remitted  to  you  without 
delay»  and  without  fraud.  Mr.  Fr06l»  to 
whom  1  fiilru*-t  this  idler,  is  going  to  set  out 
immediately  willi  Mr.  Paine,  for  Paris,  and 
allows  me  no  lime  for  ceremony,  if  it  were 
neoessiiry.  I  request  you  to  ^^end  me  the 
niitne  uf  f^ome  Frenchman,  in  London,  mer^ 
ci^ai^l,  or  other,  for  the  purpose  above  men- 
tioned. Wc  can  now  be^m  the  public  con- 
tribution towards  our  patriotic  glU  with  l,O0O/« 
starting;  and  1  have  no  dotdu  but  it  will 
amount  in  time  tu  several  thousands. 

'*  If  you  conudor  this  »t0p  in  the  same 
point  o(  view  that  h«  do,  you  wdl  see  in  it 
much  use  to  the  common  c^ise  of  England 
and  France,  I  tnircitt  you  to  giv«  me  yoor 
sentiments  on  the  subject,  and  to  point  out  tt» 
roc  the  means  by  which  I  nmy  be  useful  to 
you.  J.  UoiiNfc  TcKMta.'* 

**  Brotbcrs  and  Friends;— Liberty  is  a  bood 
which  ought  to  unhe  oil  men^  and  whkh  ^vVV 


689] 


S5  GEORGE  lU. 


Trial  of  Thomas  Hardy 


[54Q 


one  day  unite  all  nations.  These  are  prepar- 
ing those  great  revolutions  which  disseminate 
useful  truths.  Thus  the  philosophical  socie- 
ties make  all  despots  tremble.  You  have  the 
glorious  advantage  of  deserving  the  hatred  of 
your  government.  The  league  of  tyrants  will 
never  be  able  to  resist  the  power  of  reason. 
Continue  your  precious  labours —employ  your- 
selves in  the  enfranchisement  and  the  happi- 
ness  of  the  human  race.  Vou  will  find  in  the 
French,  worthy  fellow  labourers.-^Uonoured 
by  the  sentiments  which  you  express  for  me, 
receive  the  assurances  of  my  lively  gratitude. 
Your  fellow  citizen,  Petion." 

<<  6th  October,  first  year  of  the 
French  Republic. , 
«  Society  of  the 

Friends  of  the  Revolution." 

<<  Pflrii,  the  first  of  Ociaber^797, 
the  first  year  of  the  French  K^oiublic, 
*'  I  have  received,  sir,  the  letter  whicn  you 
have  done  me  the  honour  of  addressing  to  me 
of  the  13th  ult.  in  which  you  announce  to  me, 
that  we  are  in  no  want  of  friends  in  England, 
who  ardently  wish  to  be  useful  to  the  French 
liberty ;  and  that  it  would  be  necessary  that 
I  should  point  out  to  you  some  person  resident 
in  London,  entitled  to  full  confidence,  and  to 
whom  you  might  remit,  in  full  safety,  the 
funds  resulting  from  the  oatriotic  gifi  which 
vour  countrymen  are  willing  to  contribute. 
You  cannot,  sir,  doubt  of  mv  eagerness  to 
second  views  so  useful,  which  will  for  ever 
merit  our  gratitude,  will  rivet  the  links  of 
fraternity  between  us,  and  must  produce  the 

Featest  advantages  to  England  and  France, 
shall  have  the  nonour,  sir,  of  sending  you, 
without  delay,  the  name  of  the  person  in 
whose  hands  you  may  place  the  funds  which 
you  destine  to  the  support  of  a  cause  which, 
m  truth,  is  that  of  all  people  who  cherish 
liberty.    For  the  mayor  ot  Paris, 

"  BoNciiER  Rlne,  Off.  municipt. 
"  Received  at  Wimbledon, 
Wednesday,  Oct.  9." 
Indorsed  "  1st  October,  1792.— Copy  of  Let- 
ter from  Pethion  to  Tookc.*' 

"  Mr.  President;  Thirty  years  ago  I  travelled 
in  France,  when  she  was  enslavecL  I  received 
a  thousand  civilities,  and  I  was  chagrined  at 
her  destiny.  I  now  come  to  acquit  myself  of 
a  small  part  of  my  former  debt  to  France,  in 
a  state  of  freedom.  I  entreat  her  to  accept 
these  4,000  livres,  and  to  apply  them  to  the 
expenses  of  the  war  a^inst  all  the  tyrants 
who  have  dared,  or  snail  dare,  to  attempt 
against  her  liberty,  without  excepting  any  one, 
were  it  even  of  my  own  countiy.  As  to  the 
debt  of  honour  newly  contracted  as  a  French 
citizen,  it  will  be  the  object  of  the  rest  of  mv 
life  to  acquit  myself  of  it  faithfully  and  with 
zeal." 

Indorsed  '^  Drafl  of  an  Address  to  the  Pre- 
sident of  the'  French  Convention/'  in  Mr. 
Tooke's  own  hand-writing. 


Mr.  Attorney  General,—!  now  propose  to 
read  some  entries,  from  the  books  of  .the 
Society  for  Constitutional  Information,  which 
relate  to  the  speeches  of  Roland,  St.  Andre, 
and  Barr^re,  mentioned  in  those  resolutions, 
Uie  substance  of  which  I  stated  to  your 
lordships  and  the  jury  yesterday. 

[They  were  read.] 

''  At  a  meeting  of  the  Society  for  Constitu- 
tional Information,  held  at  the  Crown  and 
Anchor,  Strand,  Friday,  18th  January,  17$^, 

"  Presevt, 

'<  Lord  Sempill  in  the  chair, 

''  Mr.  J.  H.  Tookc,  Mr.  Symonds,  Mr.  Fiti- 
eerald,  Mr.  Bonney,  Mr.  Rutt,  Mr.  John 
Martin,  captain  T.  Harwood,  count  Zenobio, 
Mr.  Bryant.  Mr.  J.  Williams,  Mr.  Wills, 
Mr.  Chatfield,  Mr.  Sharpe,  Mr.  Reader,  Mr. 
G.  Williams,  Mr.  Holcroft,  Mr.  B.  Cooper, 

'<  Resolved;— That  citizen  St  Andre,  a 
member  of  the  National  Convention  of 
France,  being  considered  by  us  as  one  of  the 
most  judicious  and  enlightened  friends  of 
human  liberty,  be  admitted  an  associated 
honorary  member  of  this  society. 

'*  Resolved,  That  the  said  resolution  be 
published  in  the  papers." 

'*  At  a  meeting  of  the  Society  for  Constitu- 
tional Information,  held  at  the  Crown  and 
Anchor  Tavern,  Strand,  Friday,  25 thJanuanr, 
1793, 

"  Present, 
"  Mr.  Jennings  in  the  chair, 

'^  Lord  Sempill,  capt.  Tooke  Ilarwood,  Mr. 

Bonney,  Mr.  W.  Sharp,  Mr.  Symonds,  Mr. 

Hull,  Mr.  Bryant,  Mr.  John  Martin,  Mr. 

H.  Tooke,  Mr.  Fitzgerald,  Mr.  Turnbull, 

Mr.  J.  Williams,  Mr.  Wardle,Mr.  Satchell, 

Mr.  Slurch,  Mr.  Kydd,  Mr.  Bailey,  Mr. 

Chalk,  Mr.  Margarot,  Mr.  Hardy,  Mr.  Uol- 
.    croft,  Mr.  G.  Williams,  Mr.  White,  Mr. 

Chatfield, 

*'  Resolved ;  —  That  citizen  Banire,  a 
member  of  the  National  Convention  of 
France,  being  considered  bv  us  as  one  of  the 
most  judicious  and  cnligntened  friends  of 
human  liberty,  be  admitted  an  associate 
honorary  member  of  this  society. 

*'  Resolved,  That  the  said  resolution  be 
published  in  the  newspapers. 

"  Resolved,  That  citizen  Roland,  being  also 
considered  by  us  as  one  of  the  most  judicious 
and  enliffhtencd  friends  of  human  liberty,  be 
admitted  an  associated  honorary  member  of 
tills  society. 

^  Resolved,  That  the  said  Resolution  be 
published  in  tiie  newspapers.'' 

'*  At  a  meeting  of  the  Society  for  Constitu- 
tional Information,  held  at  the  Crown  and 
Anchor  tavern,  Strand,  Fridayi  Istof  Febniaiy, 
1793, 


541] 


fsir  High  Treoioni 


A.  D.  1794. 


[548 


Presevt, 


Mr.  Fit2|;erald  in  the  chair, 
«  Mr.  J.  H.  Tooke,  Mr.  Wills,  Mr.  Cooper . 

Slanchester),  lord  Sempill,  Dr.  Kentish, 
r.  Tuffin,  Mr.  Hull,  Mr.  John  Martin, 
Mr.  Balnuuino,  Mr.  Banks,  Mr.  Jennines, 
Mr.  Holcrof\,  Mr.  Bailey,  Mr.  Sharpe,  Mr. 
Miller,  Mr.  G.  Williams,  Mr.  Parkinson,  Mr. 
Wardle,  Mr.  B.  Cooper,  capt.  T.  Harwood. 

"  Ready  a  circular  Letter  from  the  Sheffield 
Soeidyfor  Cmutitvtional  Information. 

*'  Resolved,  That  a  committee  be  appointed 
to  report  an  answer. 

«  RMolved,  That  Mr.  Tooke,  lonl  Sempill, 
Mr.  HolcToft,  Mr.  Tuffin,  Mr.  Fitzgerald,  Mr. 
Cooper  (Manchester),  Dr.  Kentish,  and  capt 
Harwood,  be  the  committee. 

"  Resolved,  That  the  said  committee,  meet 
tl  half  past  three  o'clock  on  Friday  next,  at 
this  place. 

*  Resolved,  That  the  speeches  of  citizen 
8t  Andre,  and  citizen  Barr^re  (associated 
hooofary  members  of  this  society),  as  given  in 
the  Gazette  Nationale  ou  Monitcur  Univer- 
leUe,  of  Paris,  on  the  4th,  ath,  and  7th,  of 
Jaonry,  1793,  be  inserted  in  the  books  of  this 


olved.  That  the  said  resolution  be 
poblished  in  the  newspapers. 

Mr.  Garrow  (to  Mr.  Huskisson), — ^During 
your  resdence  in  Paris,  and  at\er  )rou  came  to 
this  country,  were  you  in  the  liabit  of  seeing 
the  paper  called  the  Moniteur  Universelle.— I 
was. 

Look  at  these  printed  papers  and  sav,  whe- 
ther from  their  appearance  you  take  tliem,  to 
be  the  French  papers  of  those  dates. — ^They 
have  every  appearance  of  being  similar  to 
those  which  I  took  in,  while  at  Paris^  and 
ifterwards  in  London. 

Jm^h  Debtffe  sworn.  —  Examined  by  Mr. 
Garrow, 

You  are  I  understand  a  bookseller  ? — Yes. 

Where  is  your  shop? — In  Gerrard -street, 
Soho. 

Your  shop  was  chiefly  employed  in  selling 
foreign  publications  I  believe  ?^Yes,  and  not 
only  foreign  publications,  but  dl  sorts  of 
works,  and  as  to  the  newspapers  which  I  sold, 
they  were  the  same  that  came  through  the 
cbumel  of  the  post  office,  and  by  others. 

You  sold  French  newspapers?— Yes. 

And  these  French  newspapers  came  by 
the  channel  of  the  post  from  France,  and  by 
the  channel  of  private  conveyance?— Great 
part  of  them  came  from  Paris,  by  the  packet, 
then  sent  to  Millet  and  Fector,  and  then  for- 
warded by  the  mail  coach.  I  received  no 
Spers,  but  what  were  duly  opened  at  the 
utom-house  at  Dover. 

Vou  are  a  native  of  France,  I  perceive  ?— > 
No^  I  beg  your  pardon,  I  am  a  native  of 
Switzerland. 

You  are  acquainted  with  the  French  lao- 
gotge?— Yes. 


You  probably  have  had  many  thousand 
French  newspapers  pass  through  your  hands? 
— I  have. 

Whether  you  are  acquunted  with  that 
paper  the  Nationale  Gazette,  or  Universelle 
Moniteur  ?— Perfectly  well,  I  have  had  a  great 
many  of  them. 

Did  you  ever  know  of  any  of  these  French 
papers  with  the  French  tities,  and  in  that 
shape,  reprinted  in  England  ? — I  have  never 
known  it. 

From  the  paper,  from  the  type,  and  from 
the  general  appearance  of  these  papers  which 
you  hold  in  your  hand,  comparing  them  with 
the  recollection  of  those  which  paSsed  through 
vour  hand,  in  the  way  of  your  trade,  do  you 
believe  these  to  be  the  French  Moniteur, 
published  in  France,  and  conveyed  to  this 
country,  in  the  way  you  have  stated? — Per- 
fectly so,  and  more  than  that,  there  are  many 
connexions  in  London,  through  which  thie 
veracity  of  this,  might  be  compared. 

We  are  not  permitted  to  compare  them  with 
others ;  is  that  French  paper,  and  is  it 
printed  with  French  types? — It  is  the  real 
Parispaper,  printed  in  Paris  by  Mr.  Pilnewood. 
who  IS  the  proprietor  of  it  I  have  received 
them  immediately  from  Mr.  Pihaewood's  own 
hands. 

Mr.  Attorney  General. — Then  I  offisr  to 
your  lordship  the  evidence  of  these  threo 
papers,  one  dated  the  4th,  another  the  6th, 
and  another  the  7th  of  January,  1793,  upon 
the  evidence  now  given,  which  contain 
speeches  of  citizen  St.  Andr6,  and  citizen 
Barr^re. 

Mr.  ErtAinf.— If  your  lordship  thinks 
these  papers  ma^  be  taken  as  evidence^  I 
have  no  mterest  in  disputine  it,  I  only  wish 
to  have  the  sanction  of  the  Court;  I  am  not 
anxious  about  it. 

Lord  Chief  Justice  Eyre. — I  think  it  is  a 
reasonable  evidence  of  their  being  what  they 
are  described. 

[Mr.  Huskisson  delivered  into  Court  English 
Translations  of  Extracts  from  tlie  said 
Papers.] 

Mr.  Erikine.^^ls  there  the  whole  of  it  ? 
Mr.  Attorney  General. — ^No ;  only  extracts. 
Mr.  Huskiaon. — The  reading  the  wholo 
would  take  up  full  two  hours. 

(The  extracts  read.] 

*«  Extract  from  the  speech  of  Jean  Bon  St. 
Andr6,  taken  from  the  Monitcur  of  the  4th  of 
January,  1793. 

^  Translation. 

"  If  you  have  to  decide  on  the  fate  of 
Louis,  It  is  because  you  arc  a  revolutionary 
assembly,  created  by  the  French  nation,  in  a 
state  of  insurrection." 

'*  Extracts  from  the  speech  of  Barrbre,  taken 
from  the  Moniteurs  of  the  6th  and  7th  of  Jan« 
uary,  1793. 


S4S]         S5  GEORGE  IIL 

**  Translation. 

'^  The  question  submitted  to  your  delibera- 
tion is  or  the  highest  importance  to  public 
order,  of  the  greatest  difficulty  in  lenslation, 
df  the  utmost  delicacy  in  politics,  absolutely 
necessary  to  liberty,  and  connected  with  what- 
ever is  held  most  sacred  by  the  nation. — ^The 
calmness  which  has  prevailed  in  the  delibera- 
lionii  for  some  days  past,  forbodes  that  it 
will  be  decided  according  to  justice  and  rea- 
son.— ^It  will  not  escape  history,  this  contmst 
between  kings,  who  often,  amidst  the  dissi- 

Sation  of  courts,  signed  proscriptions,  or  the 
eath  warrant  of  a  thousand  citizens ;  and 
the  representatives  of  the  people,  who  deliberate 
with  wisdom  and  caution  on  the  punishment 
of  a  single  despot — It  is  the  destiny  of  kings 
to  be  the  occasion  of  the  calamities  of  the  peo- 
fltf  whether  they  remain  on  their  thrones,  or 
whether  they  are  precipitated  from  them." 

"  The  people  of  Paris,  by  making  an  holy 
insurrection  against  him  [the  kin^J  on  the 
lOth  of  August,  deprived  him  of  his  charac- 
ter of  inviolability. — ^The  people  of  the  other 
departments  applauded  this  insurrection,  and 
adopted  the  result  of  it. — ^I'he  people  have, 
therefore,  already  interposed  to  destroy  the 
royal  inviolability. — Louis  was  invested  by  the 
tacit  consent  of  the  peofile,  with  a  constitu- 
tional inviolability;  their  tacit  consent  has 
deprived  him  of  the  same,  and  is  therefore  as 
lawful  as  the  grant  of  it.— The  inviolability  of 
the  king  cannnot  be  absolute ;  it  is  only  rela- 
tive, and  for  the  end  of  maintaining  the  inde- 
pendence of  the  constituted  autiiorities." 

*'  The  people  is  the  sovereign. 

^  A  convention  differs  from  a  legislature  in 
this  respect :  a  legislature  is  only  a  species  of 
superintondinjg  magistracy;  a  moderator  of 
the  powers  ofjgovernmcnt :  a  convention,  on 
the  contrary,  is  a  representation  of  the  sove- 
reign.— ^The  members  of  the  legislative  as- 
sembly acted,  in  August,  upon  tliese  princi- 
ples; and  they  declaured,  in  their  account  of 
their  motives  for  calling  a  national  conven- 
tion, tliat  they  saw  but  one  measure  which 
could  save  France ;  namely,  to  have  recourse 
to  the  supreme  will  of  the  people,  and  to  in- 
vite the  neople  to  exercise  immediatelv  that 
inalienable  right  of  sovereignty,  which  the 
constitution  had  acknowled^,  and  which  it 
could  not  subject  to  any  restriction.— The 
public  interest  required,  that  the  will  of  the 
people  should  be  manifested  in  the  opinion  of 
a  national  convention,  formed  of  representa- 
tives, invested  by  the  people  with  unlimited 
powers.  The  will  of  the  people  is  manifested 
by  the  opinion  of  this  convention. — ^The  con- 
vention beine  assembled,  is  itself  that  sove- 
reign will  which  ought  to  prevail. — It  would 
be  contrary  to  every  principle,  if  the  eipres- 
sionof  the  general  will  did  not  reside  in  the  , 
convention  alone. 

**  You  are  the  representatives  «f  the  nation, 
which  relies  upon  you  for  taking  emery 


TruU  of  ThomoB  Hardy 


[544 


sure  of  public  safety,  necessary  to  establish 
and  5ccure  liberty,  and  to  proscribe  tyranny, 
against  which  the  nation  has  formed  an  holy 
insurrection. 

'*  It  is  despotism  when,  in  the  ordinary  and 
permanent  establishment  of  a  government, 
there  is  no  separation  of  powers. — But  is  it 
not  the  very  essence  of  a  constituent  body  to 
concentre,  for  the  time  being,  all  authonty  ? 
— Is  it  not  the  very  nature  ol  a  national  con- 
vention to  be  the  temporary  image  of  the  na- 
tion; to  unite,  in  itself,  all  the  powers  of  go* 
vernment,  to  employ  them  against  tlie  ene- 
mies of  liberty,  and  to  distribute  tliem  in^ 
new  social  compact,  called  a  constitution  ?— 
Behold  that  Constituent  Assembly,  which, 
though  abominably  calumniated  at  present, 
laid  (in  spite  oftheshamcfijl  revision  of  the 
laws)  the  first  foundation  of  vour  liber^.  Be- 
hold it  alone,  with  its  revolutionary  genius { 
it  broke  through  every  impediment,  exceeded 
its  delegated  authorit)r,  created  its  own  powers, 
according  to  the  exigencies  of  liberty,  and 
to  the  wants  of  the  people ;  destroyed  all  pro- 
judices  by  the  force  of  that  public  opinion  to 
which  it  gave  birth,  obliterated  all  privileges, 
abolished  all  parliaments,  changed  the  form 
of  all  property,  as  well  as  the  sign  of  aU 
value,  and  made  a  perjured  king  its  prisoner. 
— Nothing  was  wanting  to  iminurtaliaEC  that 
assembly,  but  to  have  delivered  France  from 
the  calamity  of  kingly  government,  and  to 
have  relieved  you  from  ue  duty  of  judging 
the  last  of  your  kings. 

''  Invested,  from  your  origin,  with  tb^ 
most  unlimited  confidence  by  your  fellow  ci- 
tizens, you  hesitate  in  the  first  step. 

"  Am  I  then  no  longer  in  the  midst  of  that 
national  convention,  whose  honourable  mis* 
sion  it  was  to  dettroy  kings  and  royalty  f ' 

Mr.  Erikine,—'!  wish  it  to  be  understood, 
that  these  gentlemen  are  speaking  in  their 
place,  as  members  of  the  National  Assembly 
in  France. 

Mr.  Attorney  General. — I  will  explain  the 
view  with  which  I  ofier  it. 

Mr.  Erskine. — You  stated  it  very  particu- 
larly in  your  opening. 

Mr.  Attorneif  General, — You  sec  they  arc 
now  speaking  in  their  places,  in  the  National 
Assembly  in  France. 

Lord  Chief  Justice  U^e.— It  is  hardly 
worth  debating;  the  purpose  is  so  obvious, 
that  it  is  impossible  to  be  misunderstood. 

[The  following  cntrj'  was  read  from  the  books 
of  the  Society  for  Constitutional  Infor- 
mation.] 

*^  At  a  meetin<;  of  the  Society  for  Constitu- 
tional Information,  held  at  the  Crown  and 
Anchor  Tavern,  Strand,  Friday,  16thFehruF 
ary,  1793, 

**  PRESEHT, 

^'  Mr.  Reader  in  the  chair, 
<«  Mr.  Frost,  Mr.  J.  H.  Tooke,  Mr.  fioaiwarj 


546] 


Jor  High  Treason. 


A.  D.  1794. 


[516 


Mr.SymondSy  Mr.  Martin,  Mr.  ChatBeld, 
Mr.  Fitzgerald,  Mr.  Banks,  Rev.  Mr.  Joyce 
Mr.  J.  williamsy  Capt.  T.  llarwood,  Mr. 
Moore,  Mr.  G.  Williams,  Mr.  llolcrof^;, 
Mr.  Balmanno. 

^  Read  the  following  letter  from  the  So- 
ciety for  Constitutional  Information,  at  Bir- 
mingham, requesting,  that  twelve  of  their 
members  may  be  admitted  associated  mem- 
ben  of  this- society. 

«  Birmingham  f  Feb.  6th,  1793. 
**  Friends  and  Fellow  Citizens;— -The  mem- 
bers of  the  Society  for  Constitutional  Infor- 
mation,  established  at  this  place,  Nov.  20th, 
1799,  take  the  opportunity  to  lay  before  you 
our  printed  Address  and  Declaration,  and  our 
lulea  and  orders,  which  we  have  adoutml 
from  the  Sheffield  Society,  fur  our  internal  go- 
veroment — And  to  show  our  justice,  our  mo- 
deration,^ and  love  to  all  mankind,  we  desire 
Tour  advice  and  assistance,  that  the  general 
nuDd  of  our  society  may  be  formed  unani- 
inoDsly  to  the  l>est  and  most  likely  mode  of 
obtaining  our  long-lost  riglits  as  men  free 
born,  and  as  citizens  by  universal  incorpo- 
mtWD. 

^  The  interested  and  bigottcd  supporters  of 
tbe  exploded  system  of  corruption,  arc  con- 
tinually throwing  obstacles  in  the  way  of  all 
refiimi,  and  threaten  us  with  rigorous  prose- 
cnlioD,  and  exhibit  all  the  engines  of  power 
tad  tyranny  before  us,  for  meeting  to  in  ves- 
tigia the  laws  of  our  country,  and  cndca- 
vooring  to  obtain,  in  a  legal  and  peaceable 
aMDDeTy  the  birthright  of  every  Briton,  viz. 
an  equal  representation  of  the  people  in  par- 
liament:  notwithstanding  which,  numbers 
daily  flock  to  the  standard  of  liberty.  We  are 
determined,  in  spite  of  all  base  opposition,  to 
persevere  as  we  have  begun  in  the  good  cause, 
till  we  have  obtained  the  desirable  end,  a  re- 
dress of  our  grievances. 

**  We  sincerely  think  the  cause  is  of  God, 
and  tliat  it  would  go  on  without  our  iuter- 
fereoce ;  but  who  can  stand  by  an  idle  spec- 
tator, and  see  our  fellow-men  struggling  for 
m  in  the  cause  of  liberty,  and  not  have  a  wish 
to  lend  a  helping  hand  hi  Uic  humane  and 
godlike  work  > 

"  We  ardently  and  sincerely  desire  to  be- 
come instrumental  in  so  good  and  great  a 
work,  the  cause  of  liberty,  and  of  ail  luaii- 
kind,  both  present  and  future. 

'*  The  grateful  thanks  of  our  society  are 
given  to    Mr.  Jlurnc  Tuuke,    major   Cart- 
wright,   Mr.   Krhkine,   and   the  rest  of  the  ! 
members  of  the  Constitutional  SocieW  for  In-  j 
formation  in    lioiidon,    for  their    nrm  and  '. 
manly  support  and  perseverance  in  our  com-  ' 
mon  cause  of  lilK-rty  and  good-will  to  all  man- 
Jcind,  and  tUcir  steady  ]iurpose  to  obtain  an  ■ 
effectual  reform  in  the  legislative  house  of  the  I 
people,  the  Coiniiions  House  of  Parliament.     ( 
**  Our  society  requests  the  favour  of  your  ' 
admitting  the  tol lowing  twelve  persons,  whose  j 
mttM  are  subscribed^  to  be  inrolled  members 
VOL.  XXIV.  I 


J  of  your  society,  fur  the  purpose  of  correspond- 
int;  with  yours,  and  every  other  similar  in- 
stitution in  the  nation,  for  the  better  regulat- 
ing our  measures,  and  receiving  instruction. 

"  Wishing  you  all  the  success  your  lauda- 
ble undertaking  de«crvcs,  we  arc,  with  sin- 
cerity, your  fellow  citizens  and  friends, 
"  (Signed) 
"  John  Meer,  David  Blair, 

"  John  Kilmister,  Thomas  Clark, 

"  George  Hill,  sen.         Timmins  Nevill, 
"  John  Kenrick,  William  Beard, 

"  James  Dav}-,  Thomas  Hill, 

*'  James  Luckcock,         Benjamin  Smith. 

"  Direct  to  George  Hill,  opposite  the  Foun- 
tain, Lower  Temple-street,  or  to  John  Ken- 
rick, Grocer,  Colmore'row. 
«  To  Mr.  D.  Adams,  Secretiry  to 

tlie  Society  for  Constitutional 

Information. 

"  Resolved,  That  the  twelve  members  of 
the  Birmingham  Society  for  Constitutional 
Information,  recommended  in  the  said  letter, 
be  admitted  associated  members  of  this  so- 
ciety. 

'<  Resolved,  That  the  said  letter,  and  the 
election  of  the  said  twelve  members,  be  pub- 
lished in  the  newspapers,  exclusive  of  their 
names." 

Mr.  Garrow,-^!  propose  now  to  read  the 
answer  of  the  Birmingham  Society,  dated  95th 
March,  1793,  to  this  communication  of  tho 
Constitutional  Society. 

Mr.  Thomas  Maclean, — I  found  this  letter 
among  Mr.  Adams's  papers. 

[It  was  read.] 

''  Birmingham,  March  Qr^th,  \793. 

*'  Sir ; — At  the  request  of  the  SDciely  for 
Constitutional  Information,  I  herul)y  acknow- 
ledge the  receipt  of  your  letter  ;  whereby  it 
appears,  that  your  society  have  acceded  to  our 
request,  by  electing  the  persons,  whose  names 
you  were  furnished  with,  as  associated  mem- 
bers in  your  society ;  for  which  wc  beg  you 
to  accept  our  united  thanks  and  best  wishes, 
that  your  society  may  go  on  to  accumulate  a 
mass  of  true  patriot^,  whose  principles  may 
not  be  subverted  by  interest,  or  conquered  by 
fear. 

<*  This  society  oft'ers  with  gnililudc  their 
thanks  and  commendations  to  ilurne  Tooke, 
esq.  for  the  present  accoinpunyin<:yuur  letter, 
but  more  particularly  fur  his  zeal  in  the  caii.su 
of  freedom,  which  cannot  be  promoted  hut  by 
the  free  use  of  the  press,  which  we  trust  will 
never  be  restrained  from  Britons.  Another 
letter  accompanies  this,  containini;  :i  few 
particulars,  wliich  wc  doul)t  not  you  will  pe- 
ruse with  pleasure.  Will  write  you  further  on 
that  subject  shortly.— 1  am,  ike, 

[No  Signature.]    <*  ,  sec. 

[The  followin!»  entrirs  were  read  from  the 
books  of  the  Society  fur  C^nstilutioiial 
Information.] 
3  N 


547] 


S5  Q£ORG£  III. 


Triai  of  Thomas  Hardy 


[548 


"  At  a  meetiiijg  of  the  Society  for  Constitu- 
tional Information,  held  at  the  Crown  and 
Anchor  Tavern,  Friday,  15th  March,  1793, 

"  Present, 

"'Capl.  Tooke  Harwood  in  the  chwr. 

«  Mr.  Balmanno,  Mr.  Kydd,  Mr.  Tooke,  Mr. 
Martin,  Mr.  Fazackerly,  Count  Zenobio, 
Mr.  Sharp,  Mr.  J.  Williains,  Mr.  Bonney, 
Mr.'Svflionds,  Rev.  Mr.  Joyce,  Mr.  Holcroit, 
Mr.  Swainson,  Mr.  Banks,  lord  Scmpill, 
Mr.  Wills,  Mr.  Parkinson,  Mr.  BaHey,  Mr. 
Frost,  Mr.  G.  Williams, 

<<  Read  a  Letter  from  the  Constitutional 
Society,  at  Sheffield,  inclosing  their  resolu- 
tions of  the  IStli  of  February  last. 

"  Resolved,  That  the  secretary  be  instructed' 
to  return  the  thanks  of  this  society  to  the 
Society  for  Constitutional  Information,  at 
Sheffield,  for  their  communication,  and  to 
acquaint  them,  that  this  society  perfectly 
agree  with  them  in  their  sentiments,  with 
respect  to  the  calamities  of  war  in  general ; 
and  that  they  concur  with  them  in  thinking, 
thai  the  thanks  of  the  commuuity  at  large  are 
due  to  all  those  who  have  exerted  themselves 
to  prevent  the  present  war. 

"  Ordered,  That  the  treasurer  repay  to  Mr, 
Frost  sixty  livres,  paid  by  him  at  Paris,  for 
the  translation  of  two  addresses  to  the  Na- 
tional Convention  of  France. 

'<  Resolved,  That  the  thanks  of  this  society 
be  ^ven  to  Joel  Barlow  and  John  Frost,  for 
their  conduct  in  the  presentation  of  the  ad- 
dress of  this  society  to  the  National  Conven- 
tion of  France ;  and  that  Mr.  Frost  be  assured, 
that  our  regard  for  him  is  not  lessened,  but 
increased  by  the  prosecutions  and  persecu- 
tions which  his  faithful  and  due  discharge  of 
that  commission  may  bring  upon  him. 

<'  Ordered,  That  this  resolution  be  published 
io  the  newspapers." 

"  At  a  meeting  of  the  Society  for  Constitu-- 
tional  Information,  held  at  the  Crown  and 
Anchor-la vcm.  Strand,  Friday,  22d  of  March, 
1793, 

"  Present, 

**  Mr.  Symonds  in  the  chair, 

«  Mr.  Prost,  Mr.  Hull,  Count  Zenobio,  Mr, 
Tooke,  Mr.  Wills,  Lord  Scmpill,  Mr, 
Bonney,  Mr.  Kydd,  Mr.  Satcliell,  Mr. 
John  Martin,  Mr.  Ausell,  Mr.  Holcroft,  Mr. 
Balmanno,  Capt.  T.  Harwood,  Mr.  Parkin^ 
son,  Mr.  J.  Williams,  Dr.  Kentish,  Mr. 
Margarot,  Mr.  Hardy. 

<<  Read  a  letter  from  the  United  Political 
Societies  of  Norwich. 

**  Resolved,  That  the  consideration  of 
the  said  letter  be  postponed  till  the  next 
meeting." 

Mr.  Thomoi  Maclean. — I  found  this  paper 
in  Mr.  Adains*s  house. 

[It  was  read.] 


"  The  United  Political  Societies  of  Norwich. 

March  5fA,  179S. 
''  Gentiemen ; — It  is  with  peculiar  satisfac- 
tion, we  arc  favoured  with  your  correspondence 
(not  merely  because  you  are  so,  although  you 
are  better  fitted  to  diffuse  knowledge)  but  be- 
cause you  are  embarked  in  the  same  magnani- 
mous cause,  which  demands  with  alacnty  the 
attention  of  every  individual;  and  it  is  with 
the  utmost  regret  we  see  so  many^  either  from 
ignorance,   or   something   worse,   who  are 
inimical  to  their  own  interest;    for  nothing 
contributes  so  much  to  support  the  oppressor, 
as  the  ignorance  of  the  oppressed ;  for  which 
purpose  the  flood-gates  have  been  opened 
gradually,  till,  by  degrees,  the  streams  of  cor- 
ruption have    nearly  overflowed  the  land: 
such  as  bounty  acts,  borrowing,  qualification, 
and  septennial  acts,  besides  standing  armies, 
excise  and  tything  laws,  with  various  others 
too  painful  for  renection,  without  credit  to  the 
framers  thereof,  and  without  advantage  to 
society.    We  do  not  presume  to  recapitulate 
these- abuses  for  vour  information,  but  being 
loo  experimentally  acquainted  with  them,  we 
wish  to  find  out  a  method  of  redress.    At 
present  we  see  a  great  propriety  in  universal 
suflBrage,  and  annual  elections,  but  we  beg  you 
will  be  obliging  enough  to  inform  us  of  what 
you  have  collected  of  the  sense  of  the  people 
by  your  correspondents.    We  have  to  mfonn 
you,  that  our  worthy  Corresponding  Societies 
of  London,  have  recently  submitted  three  pro- 
positions for  our  investigation.  First,  whether 
a  petition  to  parliament,  or  an  address  to  the 
king,  or  a  convention. 

"  Permit  us  brietiy  to  state  our  views  for 
your  revisal ;  and  with  respect  to  the  first,  we 
behold  we  are  a  conquered  people.  We  have 
tamely  submitted  to  the  galling  yoke,  and 
resistance  in  the  present  circumstances  ii 
vain.  We  cannot  act  the  man,  and  as  neces- 
sity has  no  law,  we  think  ourselves  under  thai 
degrading  necessity  to  state  our  grievances  te 
the  House  of  Commons,  witli  a  request  foi 
redress,  and  should  they  refuse  to  grant  oui 
reasonable  petition,  we  have  still  got  (nc 
thanks  to  them)  a  formidable  engine,  that  wil 
convc)'  the  insult  to  the  remotest  parts  of  thi 
kingdom.  As  to  the  propriety  of  the  second 
we  wish  to  submit  to  your  superior  judgment 
and  should  esteem  it  a  favour  to  be  intormec 
of  the  result ;  for  at  present  we  are  dubious  o 
its  good  consequences.  Lastly,  a  convention 
anuoh  J  that  the  period  were  arrived ! — ^bu 
in  the  present  state  of  afiairs,  alas !  it*s  im 
practicable :  yet  this  is  the  object  we  pursue 
and  esteem  any  other  means  only  in  subordi 
nation  to,  and  as  having  a  tendency  to  ac 
complish  that  desirable  end. 

"  We  wish  to  be  in  unison  with  our  brethrei 
and  fellow-labourers,  and  should  he  glad  o 
any  information  as  soon  as  it  is  convenient 
anil  we  beg  your  advice  whetlier  it  is  necei 
sary,  as  soon  as  possible,  to  collect  signature 
.  to  a  petition  for  a  real  representation  of  tb 


519] 


^  High  Treason. 


pie,  and  by  ivhom  to  present  it,  whether 

If.  Coke,  Mr.  Burch,  or  any  of  the  Friends  of 

the  People ;  and  whether  it  is  attended  with 

toy  expense.   Our  members  are  both  inimical  to 

**  We  can  give  you  no  accurate  statement 
of  the  representation  in  our  neighbourhood , 
oo^  observe,  that  it  is  equally  farcical  here  as 

elsewhere.    To  conclude,  with  united  th 

for  all  favours  received,  wishing  you  h 

aid  success,  and  may  heaven  avert- 


We  subscribe  ourselves,   gentlemen — ^Your 
fery  obliged  humble  servants, 

(Signed)       *•  J.  BaouonToy. 

"Note.  Please  to  direct  to  J.  Brouchton, 
8t  MaryVchurch,  Mr.  Blake  being  no  longer 
our  secretary. 

•  We  have  between  thirty  and  forty  sepa- 
nte  lodeties  in  Norwich,  besides  many  in  the 


*  Mr.  b.  Adams,  No.  4,  Tookc*8- 
cmirt,  Chancery-lane,  London.*' 

**  At  a  meeting  of  the  Societv  for  Constitu- 
tiottl  Information,  held  at  the  Crown  and 
Aocbor-tavern,  Strand,  Friday,  39th  March, 
1793, 

"  Present, 
*'  Capt.  Tookc  Ilarwood  in  the  chair. 
"llr.S^monds,  Mr.  Jennings,  Mr.  Hull,  Mr. 

Mtrtin,  Lord  Sempill,  Mr.  Bryant,  Mr.  Par- 

kiiiion,  Mr.  Frost,  Hev.  Mr.  Joyce,  Mr. 

Gay,  Mr.  J.  Williams,  Mr.  G.  Williams, 

Mr.  Holcroft,  Mr.  Banks, 

•  Resolved,  That  the  consideration  of  the 
letter  from  the  United  Political  Societies  of 
Norwich,  be  deferred  till  next  meeting.** 

Mr.  Garrow, — ^At  the  meeting  of  the  92nd 
of  March,  the  consideration  of  ttiis  letter  was 
postponed;  it  was  postponed  at  the  next 
nUKtiag ;  and  at  the  next  meeting  it  is  again 
poMponed,  which  shows  the  deliberation  rc- 
quiied  for  preparing  the  answer. 

[The  following  entries  were  read  from  the 
books  of  the  Constitutional  Societyij 

/*  At  a  meeting  of  the  Society  for  Constitu- 
tional Information,  held  at  the  Crown  and 
Anchor-tavern,  Strand,    Friday,  5th    April, 

"  Preseict, 

'^  Capt.  Tooke  Ilarwood  in  the  chair. 

''  Mr.  Tuffin,  Ijord  Uaer,  Mr.  Frost,    Mr. 

Ausell,  Mr.  Bonncy,  Mr.  Fitzgerald,  Mr. 

Martin,  Mr.  W.  Sharpe,  Mr,  Tookc,  Mr. 

Kyckl,   Mr.  Hull,  Mr.  Moore,  Hev.    Mr. 

Joyce,  Mr.  J.  Williams,  Mr.  J.  Cooper,  Mr. 

Hardy,  Mr.  Balmanno,  Lord  Sempill,  Mr. 

Wills, 

"  Hesolved,  That  the  consideration  of  the 
ktter  from  the  United  Political  Societies  of 
Norwich,  be  postponed  till  the  next  meeting ; 
sad  that  Mr*  Frost  be  requested  to  prepare  an 


A.  D.  1791.  [550 

«  Resolved,  That  a  letter  be  written  to 
Simon  Butler  and  Ohvcr  Bond,*  esqrs.,  ex-* 
prcssive  of  the  high  sense  we  entertain  of 
their  exertions  in  the  cause  of  freedom,  and  to 
assure  them,  that  we  consider  the  imprison- 
ment they  at  present  suffer  on  that  accouf  t, 
as  illegal  and  unconstitutional. 

'<  The  following  letter  was  produced  and 
read. 

^  To  S.  Butler  and  O.  Bond,«sqro. 

«  Gentlemen ;— It  is  not  easy  for  men,  who 
feel  Strongly  and  sincerely,  to  convey  those 
feelmgs  by  letter.  We  therefore  rely  on 
your  conceiving  for  us  much  of  that  which  we 
are  unable  to  express  to  you.  We  think, 
however,  that  we  shall  be  guilty  of  a  jgreat 
omission,  did  we  neglect  the  opportunity  of 
sending  you  by  Mr.  Hamilton  Uowan,+  the 
honest  tribute  of  our  esteem  and  admiration, 
for  your  brave  and  manly  resistance  to  the 
usurped  jurisdiction  of  the  Irish  aristocracy. 

<<  Permit  us  to  offer  you  our  thanks,  and 
our  grateful  acknowledgment  of  your  efforts, 
in  what  we  consider  as  a  common  cause, 
while  we  lament  our  inability  of  proving  our- 
selves useful  in  your  defence.  Although  we 
are  of  different  kingdoms,  still  we  are  but  one 
people ;  and  as  the  freedom  of  one  continent 
has  spread  its  influence  to  Europe,  so  ou  the 
other  nand,  we  are  persuaded,  that  the  esta* 
blishment  of  despotism  in  Ireland,  must  end 
in  the  slavery  of  Great  Britain.  But  the  liglit 
of  liberty  is  not  confined  to  one  shore,  or  one 
latitude. 

**  We  know  tliat  it  is  easier  to  admire  than 
to  practise  those  virtues  that  tend  to  the. public 
benefit. 

**  Yet  so  long  as  the  exertions  of  a  few 
courageous  men  must  influence  the  minds  of 
at  least  the  independent  and  thinking  part  uf 
the  community,  we  are  assured  that  their 
labour  is  not  fruitless.  We  trust,  therefore, 
the  time  will  soon  arrive,  when  the- abuse  of 
power  in  either  nation,  will  have  no  other 
consequence  than  the  ruin  of  those  who  have 
committed  that  injustice.  We  hope,  and  we 
doubt  not  of  soon  seeing  the  day,  when  the 
post  of  honour  shall  be  no  longer  that  of 
obloquy  and  punishment;  but  when  those 
who  nave  risked  their  liberty  and  fortune  in 
the  cause  of  their  countrymen,  may  find  pro- 
tection in  the  undisputed,  uninterrupted  exer- 
cise of  trial  by  jury,  with  a  full  and  adequate 
representation  of  the  people  in  parliament. 

"  Resolved,  That  the  said  letter  be  signed 
by  the  chairman  and  secretary ;  and  that  Mr. 
liamiltou  Rowan  be  requested  to  convey  the 
same  to  Mr.  Butler  and  Mr.  Bond." 


*  See  the  proceedings  against  them  before 
the  House  of  Peers  of  Ireland  for  a  breach  o 

Krivilege,    inserted  in  the  trial  of  Bond  fb 
igh  treason,  a.  d.  1798,  in  this  Collection 
pott, 

t  See  his  trial  for  a  seditious  libel,  ant^, 
Vol.XXU,p.  1Q33. 


551] 


35  GEORGE  III- 


Trial  of  Thomas  Hardy 


[558 


•*  At  a  meeting  of  the  Society  for  Constitu- 
tional Id  formation,  held  Friday,  ISth  April, 
1793,  at  the  Crown  and  Anclior  Tavern, 
Strand^ 

"  Present, 

<^  Mr.  Christopher  Hull  in  the  chair, 

"  Mr.  W.  Sharpe,  Mr.  Home  Tooke,  Mr.  J. 

Williams,  Mr.  Parkinson,  Mr.  Frost,  Mr. 

Symondn,  Mr.  Campbell,  Mr.  Martin,  Mr. 

Reader,  Mr.  Gay,  Mr.  Vaughan,  as  one  of 

the  committee  of  French  siihscription,  Mr. 

Banks,  lord  Dacr,  captain  Harwood,  Mr. 

Balmanno,  Mr.  Holcroft,  Mr.  Hardy,  Mr. 

Chatfield. 

<'  Mr.  Frost  jead  an  answer  (directed  to  be 
prepared  by  him)  to  tlie  letter  received  from 
the  United  Political  Societies  in  Norwich. 

'<  Resolved,  Tiiat  the  said  answer  be  sent  by 
tlie  secretary  to  the  secretary  of  the  said 
societies." 

Mr.  Thomas  Maclean, — ^I  found  this  paper 
at  Mr.  Adams's. 

[It  was  read.] 

"  Sir;— We  have  to  acknowledge,  with 
great  satisfaction,  the  letter  which  you  fa- 
voured us  with,  dated  the  5th  insrant,  relative 
to  the  most  desirable  of  all  other  injects,  the 
reform  of  our  parliamentary  representation. 
The  honour  you  do  us  in  supposing  that  we 
are  better  fitted  than  yourselves  for  the  pro- 
motion of  political  knowledge,  we  must  dis- 
claim ;  because  we  observe,  with  the  greatest 
pleasure,  that  our  country  correspondents 
nave  too  much  zeal  and  information  to  want 
success  in  their  public  endeavours,  whether  at 
Norwich,  at  Shefiield,  at  Manchester,  or  else- 
where throughout  the  nation.  In  our  sin- 
cerity for  the  good  of  our  country,  we  trust 
that  wo  are  all  equal ;  and  as  such  we  doubt 
not  of  our  ultimate  success. 

"  \Vc  sec  with  sorrow  the  existence  of  those 
evils,  which  you  so  justly  represent  as  the 
streams  of  corruption  overflowing  this  once 
free  and  prosperous  country'.  We  see  with 
surpri-ic  and  abhorrence,  that  men  are  to  be 
found  both  able  and  willing  to  support  those 
corruptions.  It  is  however  no  small  consola- 
tion to  tind,  that  others  are  not  wanting  in 
every  part  of  the  nation  of  an  opposite  cha- 
racter, who  arc  ready  to  remedy,  by  all  lauda- 
ble and  honourable  means,  the  defect  in  our 
rcpresentiition,  the  usurped  extension  of  the 
duration  of  parliaments,  and  other  grievances 
6uch  as  you  notice  in  your  letter. 

"  That  the  constitution  of  England  has  no 
more  of  th;it  character  it  once  possessed ;  that 
the  suppo>ed  democracy  of  the  country  has 
become  a  matter  of  properly  and  privilege ; 
and  that  wc  have  thcret6rc"no  longer  that 
mixt  government  which  our  adversaries  are 
praising,  when  they  know  it  is  no  longer  in 
our  possession,  are  facts  notorious  and  indis- 
putable. Where  then  are  we  to  look  for  the 
remedy?  To  that  parliament  of  which  we 


complain  ? — ^To  the  executive  power,  which  is 
implicitly  obeyed,  if  not  anticipated  in  thai 
parliament?— Or  to  ourselves,  represented  in 
some  meeting  of  delegates,  for  the  especkl 
purpose  of  reform,  which  we  suppose  you  un- 
derstand by  the  term,  CONVENTION  ? 

'*  It  is  the  end  of  each  of  these  proposltiona 
that  wc  ought  to  look  to ;  and  as  success  in  a 
good  cause  must  be  the  eflect  of  perseversaoe, 
and  the  rising  reason  of  the  time,  let  us  detCTi 
mine  with  coolness,  but  let  us  persevere  witfa 
decision.  As  to  a  Convention,  we  regard  St 
as  a  plan  the  most  desirable  and  most  pnc- 
ticable,  so  soon  as  the  great  body  of  the  people 
shall  be  courageous  and  virtuous  enough  to 
join  us  in  the  attempt.  Hitherto  wc  have  |U) 
reason  to  believe  that  the  moment  is  arrived 
fur  that  purpose.    As  to  any  petition  to  the 


crown,  we  beUeve  it  hopeless  in  its 
quenccs.  With  respect  to  the  last  of  voux 
proposals,  wc  are  at  a  loss  to  advise.  If  the 
event  is  looked  to  in  the  vote  which  may  be 
obtained  from  that  body  to  whom  the  petition 
is  to  be  addressed,  which  of  us  can  look  to  it 
without  the  prospect  of  an  absolute  negative  I 
In  this  point  of  view,  therefore,  it  cannot  re- 
quire a  moment's  consideration.  But  if  we 
regard  the  policy  of  such  a  petition,  it  may,  in 
our  apprehension,  be  well  worth  consideping 
as  a  warning  voice  to  our  present  legislators, 
and  as  a  signal  for  imitation  to  the  majorltjoi 
the  people.  Should  such  a  plan  be  vigorously 
and  generally  pursued,  it  would  hold  out  a 
certainty  to  our  fellow-countr^'men,  that  we 
are  not  a  handful  of  individuals  unworthy  of 
attention  or  consideration,  who  desire  the 
restoration  of  the  ancient  liberties  of  England ; 
but,  on  the  contrary,  it  might  bring  into  light 
that  host  of  well-meaning  men,  who  in  the 
different  towns  and  counties  of  this  realm  are 
silently  but  seriously  anxious  for  reformation 
in  the  government.  We  exhort  you  with 
anxiety  to  pursue  your  laudable  endeavours 
for  the  common  good,  and  never  to  despair  ol 
the  public  cause. 

[N  o  Address.]  "  We  are,  &c.» 

Mr.  Garrow, — ^ly  lord,  from  the  content! 
of  this  paper,  we  slate  it  to  be  the  draf\  of  a 
letter  prepared  by  Mr.  Frost,  referred  to  in  the 
last  resolution  read. 

I-onl  Chief  Justice  Eifrc. — ^You  have  given 
no  evidence  of  the  hand-wriling  of  thii 
paper. 

Mr.  Garrow. — No,  I  have  not.  I  produce 
it  merely  as  being  found  in  the  possession  of 
Adams,  the  secretary  to  the  Society  for  Con- 
stitutional Information.  I  will  now  put  intc 
court  the  letter  actually  sent,  which  was  found 
in  the  possession  of  the  secretary  to  the  Nor- 
wich Society.  It  is  dated,  "  Socitty  for  Con- 
stitutional Information,  London,  15th  April, 
179 J,  signed  by  order,  in  the  namo  of  the 
Society  for  Constitutional  Information,  D« 
Adams,  secrcUry,''  and  addressed  "  Mr.  J. 
Broughton,  secretary  to  the  United  PolitiGa] 
Societies,  Norwich.*^ 


55SJ 


fir  High  Treason, 


A.  D.  179*. 


[554 


^  Society  for  Constitutional  Information. 

<'  London,  15th  ApHl,  1793. 
«*  Sir ; — We  have  to  acknowledge  with  great 
satisiaction  the  letter  which  you  fovoured  us 
with,  dated  the  5th  instant,  relative  to  the 
most  desirable  of  all  other  objects,  the  reform 
of  a  parliamentary  representation.  The  ho- 
nour you  do  us  in  supposing.that  wc  are  better 
fitted  than  yourselves  for  the  promotion  of 
political  knowledge,  we  roust  msclaim;  be- 
cause we  observe  ^ilh  the  greatest  pleasure, 
thai  our  country  correspondents  nave  too 
much  zeal  and  information  to  want  success  in 
ibeir  public  endeavours,  whether  at  Norwich, 
at  She/field,  at  Manchester,  or  elsewhere 
throughout  the  nation. 

**  In  our  sincerity  for  the  good  of  our  coun- 
try, we  trust,  that  we  are  all  equal,  and  as 
such  we  doubt  not  of  our  ultimate  success. 

**  We  see  with  sorrow  the  existence  of  those 
evils,  which  you  so  justly  represent  as. the 
streams  of  corruption  overflowing  this  otice 
free  and  prosperous  country.  We  see  with 
surprise  and  abhorrence,  that  men  are  to  be 
found  both  able  and  willing  to  support  those 
corruptions.  It  is  however  no  small  consola- 
tion to  find,  that  others  are  not  wanting  in 
every  part  of  the  nation  of  an  opposite  cha- 
ncier, who  are  ready  to  remedy,  by  all  lauda- 
ble and  honourable  means,  the  defect  in  our 
sepresentation,  the  usurped  extension  of  the 
mmtion  of  parliaments,  and  other  grievances 
such  as  you  notice  in  your  letter. 

*^  That  the  constitution  of  England  has  no 
mon  of  that  character  it  once  possessed,  that 
the  supposed  democracy  of  the  countiy  has 
become  a  matter  of  property  and  privilege, 
and  that  we  have  therefore  no  longer  that 
mizt  government  which  our  adversaries  are 
praising,  when  they  know  it  is  no  longet  in 
our  possession,  are  facts  notorious  and  mdiv 
putable.  Where  then  are  we  to  look  for  the 
remedy?  To  that  parliament  of  which  wc  com- 
plain ?  To  the  executive  power  which  is  im- 
plicitly obeyed,  if  not  anticipated  in  that  pai^ 
liameut?  Or  to  ourselves,  represented  in  some 
meeting  of  de.leu:ates  for  the  especial  purpose 
of  reform,  which  we  suppose  you  unoerstand 
by  the  word  CON  VKN "HON  ? 

•*  It  is  the  end  of  each  of  these  propositions 
that  wc  ought  to  l(»ok  to ;  and  as  success  in  a 
good  cause  must  be  the  effect  of  perseverance, 
and  the  rising  reason  of  the  time,  let  us  deter- 
mine with  coolness,  but  let  us  persevere  with 
decisiion. 

"  As  to  a  Convention,  wc  regard  it  as  a  plan 
the  most  desirable  and  most  practicable,  so 
soon  as  the  ^rcat  body  of  th<'  people  shall  be 
courageous  and  virtuous  enough  to  join  us  in 
the  attempt.  Hitherto  we  have  no  reason  to 
believe  tliat  the  inouien^  is  arrived  for  that 
purpose.  As  to  any  petition  to  the  crown, 
we  believe  it  hopeless  in  its  consequences. 
With  respect  to  the  last  of  your  proposals,  we 
are  at  a  loss  to  advise.  If  the  event  is  looked 
to  in  the  vote  which  may  be  obtained  from 


that  body  to  whom  the  petition  is  to  be  ad. 
dressed,  which  of  us  can  look  to  it  without 
the  prospect  of  an  absolute  negative  ?  In  this 
point  or  view  therefore  it  cannot  require  a 
moment's  consideration.  But  if  wc  regard 
the  oo/ir^  of  such  a  petition,  it  may,  in  our  ap- 
prenension,  be  well  worth  considering  as  a 
warning  voice  to  our  present  legislators,  and 
as  a  signal  for  imitation  to  the  majority  of  the 
people.  Should  such  a  plan  be  vigorously 
and  generally  pursued,  it  would  hoM  out  a 
certainty  to  our  fellow-countrymen,  that  we 
are  not  a  handful  of  individuals  unworthy  of 
attention  or  consideration,  who  desire  the 
restoration  of  the  ancient  liberties  of  England; 
but,  on  the  contrary,  it  might  bring  into  light 
that  host  of  well-meaning  men,  who  in  the 
different  towns  and  counties  of  this  realm  are 
silently  but  seriously  anxious  for  ia  reforma- 
tion in  the  government. 

'*  We  exhort  you  with  anxiety  to  pursue 
your  laudable  ciKlcavours  for  the  common 
good,  and  never  to  despair  of  the  public 
cause. 

**  Signed  by  order,  in  the  name  of  the  So* 
ciety  for  Constitutional  Information, 

"  Took's  Court,  «  D.  Adams,  sec.»^ 

ICth  April,  1793." 

Addressed,  "  Mr.  J.  Bnnighton,  secretaiy 
to  tlie  United  Political  Societies,  Norwich." 

Mr.  James  Walsh  sworn. — Examined  by  Mr. 
Garroto, 

Did  you  execute  any  warrant  for  the  pur- 
pose of  apprehending  Mr.  Isaac  Saint,  at  Nor- 
wich, the  secretary  of  the  Constitutional  So- 
ciety there? — I  did  not;  but  I  was  present 
when  it  was  executed. 

Did  you  see  any  papers  seized  ? — I  seized 
them  myself. 

Did  you  put  your  name  upon  them  ?— I  did. 

Is  this  one  of  the  papers  you  seized  there  ? 
—It  is. 

[The  following  entries  were  read  from  the 
Books  of  the  Society  for  Constitutional 
Information.] 

'*  At  a  meeting  of  the  Society  for  Constitu- 
tional Information,  held  at  the  Crown  and 
Anchor  tavern,  Strand,  Friday,  25th  October 
1793, 

"  PRESENT, 

.  Mr.  Bryant — in  the  chair, 
«  Count  Zcnobio,  Mr.  J.  II.  Tookc,  Mr.  Sin- 
clair, Mr.  Alexander  Wills,  Mr.  llolcroft, 
Mr.  G.  Williams,  Mr.  Balni.inno,  Mr.  Spe- 
cial, Mr.  Uutt,  Mr.  Chatficld,  Mr.  Ausell, 
Mr.  Wardle,  Mr.  Kydd,  Mr  Harrison,  Mr. 
Martin,  Mr.  Fitzgenild,  Mr.  Hardy,  Mr. 
Margrarot,  Mr.  Hull,  Mr.  J.  Williams,  Mr. 
licnjamin  Cooper, 

<'  Mr.  Sinclair  read  a  letter,  with  an  address 
from  Mr.  Skirving  secretary  to  the  convention 
of  the  Friends  of  the  !*eople  in  Scotland,  to 
Mr.  Hardy,  secretary  to  the  London  Corres- 
ponding Society. 


556] 


35  GEORGE  HI. 


Trial  of  Thomas  Hardif 


[350 


«  Resolved,  That  an  extraordinary  ceneral 
meeting  of  this  society  be  called  for  Monday 
next  at  the  Crown  and  Anchor  tavern,  at  six 
o'clock  in  the  evening,  to  consider  of  the  uti- 
lity, and  propriety  of  sending  delegates  to  a 
convention  ot  delegates  of  tlie  different  socie- 
ties in  Great  Britain,  to  be  held  at  Edin- 
burgh, for  the  purpose  of  obtaining  a  parlia* 
mencary  reform. 

"  Resolved,  That  the  substance  of  tlie 
motion  be  inserted  in  the  letter/' 

Mr.  G arrow, — Before  the  next  entry  is  read 
perhaps  it  will  be  convenient  that  I  should 
put  in  the  original  draft  of  these  instructions, 
as  there  are  several  material  alterations. 

Mr.    Daniel    Adams. — Examined    by     Mr. 
Garrow. 

Look  at  that  letter,  and  state  whether  that 
is  your  signature  ? — ^It  is. 

In  whose  hand-writing  is  the  letter  ?-^My 
own. 

The  whole  of  it  is  in  your  own  hand- writing? 
^Yes. 

Look  at  this  other  paper,  are  these  the  in- 
structiuns,  which  were  originally  prepared  fur 
the  delegates  upon  which  your  entry  is  after- 
wards made  ?— I  cannot  talce  upon  me  to  say 
that,  from  the  length  of  time. 

Tliis  was  found  among  your  papers  we  have 
heard  ?— Yes. 

What  do  you  take  that  paper  to  be?— I 
should  not  know  it  but  from  my  own  hand- 
writing attlte  bottom,— I  should  not  know  it 
to  be  the  same  otherwise. 

Look  at  it— Do  you  believe  it  to  be  an 
original  minute,  prepared  for  the  purpose  of 
bcin^  transcribed  into  the  book  of  the  society  ? 
—I  do  nut  know  it  for  any  other  reason— here 
are  a  vast  many  interlineations  which  I  cannot 
bring  to  my  recollection  at  all. 

It  was  a  paper  you  were  afterwards  to  trans- 
cribe into  your  book?— It  appears  hke  a  pa- 
per I  was  to  transcribe ;  tliere  are  a  great 
many  interlineations  in  it. 

^Ir.  Erskinc. — Can  you  venture  to  give 
any  thing  like  a  distinct  account  of  how  that 
paper  came  to  be  so  interlined  as  it  is  now  ?— 
I  cannot. 

Mr.  Erskine.—^or  can  you  tell  whether 
that  was  given  to  you  for  the  purposes  of  in- 
sertion, but  that  it  was  so  obliterated  that  you 
were  obliged  to  make  another  copy  ?— That  I 
cannot  tell. 

Mr.  G a rrov.— Supposing  that  paper  to 
agree  with  your  fair  transcript,  should  you 
believe  then,  that  that  is  the  paper  which  you 
transcribed  fairly  into  the  minute? 

Lord  Chief  Justice  Eyre,— Thai  is  reason- 
ing hmi  into  a  belief;  if  he  has  any  recollec- 
tion upon  the  subject  very  well ;  if  he  has  not 
you  must  not  argue  hiin  into  a  belief  of  it. 
"-Tliis  is  a  paper  which  purports  to  be  a  rough 
draft  of  instructions,  with  considerable  inter- 
lineations, and  the  paper  that  is  in  the  book 
corresponds  witli  the  draught  so  interlined  ;— 


there  let  it  stand. — ^Do  ^'ou  know  the  liand- 
writing  of  the  interlineations  ?— I  do  DOt» 

[The  Instructions  read.] 

'<  At  an  extraordinary  g;eneral  meeting  of 
tlie  Society  for  Constitutional  Information, 
held  at  the  Crown  and  Anchor  tavern.  Strand, 
Monday,  28th  October,  1793, 

"  PRESENT, 

^  Mr.  Sinclair  in  tlie  chair, 

^  Mr.  Satchell,Mr.  Martin,  Mr.  Special,  Mr. 

I'arkinson,  Mr.  J.  T.  Rutt,  Mr.  Ilardy,  Mr. 

Fitzgerald,  Mr.  Wills,  Mr.  Richtcr,  Mr.  J. 

Williams,    Mr.   Chatfield,    Mr.  Fawcett, 

Mr.  Margarot,  Mr.  G.  Williams,  Mr.  War- 
die,  Mr.  Jennings  Mr.  Holcroft, 

<*  Read,  addresses  to  the  Friends  of  the 
People  of  parliamentary  reform,  signed  by 
Mr.  Skirving,  secretary  to  the  General  Con- 
vention at  ^inburgh. 

"  Resolved,  That  this  society  do  send  de- 
legates to  the  ensuing  convention,  to  be  held 
in  Edinburgh,  for  promoting  a  reform  in  par* 
liament. 

*'  Resolved,  That  two  members  of  this 
society  be  elected  as  delegates  to  the  said 
convention. 

<<  Ilcnry  Yorke,  Charics  Sinclair,  and  John 
Richter,  were  proposed. 

"  Resolved  That  the  said  gentlemen  be 
now  ballotted  for.  The  society  proceeded  to 
ballot  accordingly,  when  Charles  Sinclair,  axid 
Henry  Yorke,  were  elected. 

'*  Mr.  Sinclair  being  present,  accepted  of 
the  said  office  of  one  uf  the  delegates. 

"  Resolved,  That  should  either  Ilcnryi 
Yorke,  or  Charles  Sinclair,  be  prevented  from 
accepting  the  delegation  to  the  convention  of 
delegates  at  Fxlinburgh,  John  Richtcr  be  ap- 
pointed to  fulfill  that  ot]^ce. 

"  Resolved,  That  John  Williams  be  re- 
quested to  obtain  the  necessary  information  of 
Ilenry  Yorke,  and  communicate  it  to  the  se- 
cretary. 

"  Mr.  Sinclair  being  requested  to  quit  the 
chair, 

"  Resolved,  That  Mr,  Fitzgerald  be  called 
to  take  the  chair, 

•*  Resolved,  That  the  secretary  do  deliver 
to  the  delegates,  appointed  by  this  society  to 
represent  them  in  the  convention  at  Edin- 
burgh, copies  of  the  proceedings  of  the  asth. 
and  28th  instant,  by  which  they  are  appointed 
to  that  ofiice. 

Instructions  to  the  Delegates, 

«  The  Delegates  are  instructed,  on  the  part 
ofthis  society,  to  assist  in  bringing  forward 
and  supporting  any  constitutional  measures 
for  procuring  a  real  representation  of  the  Com- 
mons of  Great  Britain,  in  Parliiunent  That 
in  specifying  the  redress  to  be  demanded  of 
existing  abuses  the  delegates  m^i  iwverto  k 
sight  of  thctwo  essentiaTprimapIes^fBiiml 
fragc  and  annual  reprcscntation^lr— •'"^ 


*7J 


Jeer  High  Treason. 


A.  D.  1794.. 


L558 


the  unalienable  riehtinthc  people  to  reform, 
and  that  a  reasonable  and  known  compensation 
ou^ht  to  be  made  to  the  representatives  of  the 
nation,  by  a  national  contribution. 

"  That  the  dele^tes  do  punctually  corres- 
pond with  the  society,  for  the  purpose  of  com- 
municating information,  and  of  receiving  such 
farther  instructions  as  the  exigency  may  re- 
quire. 

*^  Resolved.  That  the  above  be  the  direc- 
tions to  the  delegates. 

"  Resolved,  That  seven  guineas  be  allowed 
to  each  of  Uie  delegates  fbr  travelling,  and  a 
sum  not  exceeding  three  gjuincas  per  week, 
each,  be  allowed  them  during  the  sitting  of 
the  convention  of  delegates,-  and  that  a  sub- 
scription be  now  opened  for  that  purpose, 
and  that  the  secretaiy  be  requested  to  receive 
the  same. 

<<  Resolved,  That  the  proceedings  of  Fri- 
day, the  S5th,  and  Monaay,  28th,  October 
1793,  be  signed  by  the  chairman  and  secretary. 

"  Resolved,  That  the  secretary  be  re- 
quested  to  write  to  the  different  societies  witli 
which  this  society  is  in  correspondence,  in- 
forming them  that  the  London  Corresponding 
Society,  together  with  this  society,  have 
elected  delegates  to  the  convention  of  dele- 
gates, to  meet  at  Edinburgh  on  the  Soth  inst. 
and  to  request  their  concurrence  to  this  impor- 
tant measure." 

[Mr.  Garrow  pointed  out  to  the  Court,  the  va- 
riations between  the  rough  draught,  and 
the  instructions  as  finally  adopted.] 
[Copy  of  the  rough  draught.] 
^*  The  delegates  are  instructed  on  the  part 
of  this  society,  to  assist  in  bringing  forward 
any  petition  or  petitions  to  the  llousc  of  Com- 
mons, for  the  purpose  of  procuring  an  inquiry 
in  the  said  House,  into  the  state  bfthe  repre- 
sentation of  the  Commons  of  Great  Britain  in 
parliament.  That  they  shall  also  demand  in 
such  petition  or  petitions,  a  specific  remedy 
lor  the  past,  present,  and  possible  abuses,  in 
the  present  system  of  representation,  and  an 
avowal  of  the  right  of  eternal  reform.  That 
in  specifying  the  principles  upon  which  re- 
dress ought  to  be  tlemanded,  the  delegates 
have  particular  relation  to  those  expressed  in 
^r.  Pitt's  speeches,  before  he  was  a  placeman: 
in  the  duke  of  Richmond*s  letter  to  col.  Shar- 
man,  before  he  was  a  minister;  in  Mr.  Flood's 
speech,  upon  his  motion  for  a  reform  in  par- 
liament ;  but  above  all,  in  the  constitutional 
strictures,  contained  in  the  defence  of  John 
Home  Tookc,  at  the  suit  of  Charles  James 
Fox,  in  an  action  for  debt.  And  that  the  de- 
legates do  demand  a  ri^ht  of  voting  for  mem- 
bers of  parliament,  in  (avour  of  all  persons  not 
infants,  paupers,  lunatics,  placemen  or  pen- 
sioners. That  voting  ought  to  be  only  in  the 
places  or  districts  of  the  residence  of  the 
voter.  That  the  time  of  election  ought  to  be 
vcrj'  short,  and  the  collecting  the  votes  be 
made  in  as  many  different  pla^  in  a  district 
At  OQce,  as  may  be  T:onvcQicQtly  and  accurately 


taken ;  but  above  all,  that  the  duration  of  par* 
liament  ought  to  be  annual.  And  that  a  rea« 
sonable  compensation  ought  to  be  made  by  a 
national  contribution  to  Uie  members  of  the 
parliament. 

«*  That  the  dele^tes  do  punctually  corres- 
pond with  the  society,  for  the  purpose  of  re- 
rceiving  farther  instructions,  as  the  exigency 
may  require. 

**  Resolved,  That  these  be  the  directions 
to  the  delegates. 

"  Adjourned  to  Friday  next." 

[Copy  of  the  Instructions  as  finally  adopted.] 

^  Resolved,  That  the  following  be  the  di- 
rections, to  the  delegates : 

**  The  delegates  are  instructed  on  the  part 
bf  this  society,  to  assist  in  bringing  forward, 
and  supporting  any  constitutional  measures, 
for  procuring  a  real  representation  of  the 
Commons  of  Great  Britain  in  parliament. 
That  they  shall  also  demand  a  remedy  for  the 
abuses  in  the  present  system  of  representa- 
sion.  That  in  specifying  the  redress  to  be 
demanded  of  existing  abuses,  the  delegates 
oujght  never  to  lose  sight  of  the  two  essential 
principles,  general  sumee  and  annual  repe- 
sentation,  together  with  tne  unalienable  right 
in  the  people  to  reform.  And  that  a  reaaon- 
sbleand  known  compensation  ought  to  be 
made  to  the  representatives  of  the  nation  by  a 
national  contribution. 

^  That  the  delegates  do  punctually  coiret- 
pond  with  the  society,  for  the  purpose  of  cooh- 
municating  information,  and  of  receiving  such 
fiirther  instructions  as  the  exigency  may  re- 
quire. 

"  Adjourned  to  Friday  next." 

[The  following  entries  were  read  from  the 
books  of  the  Society  for  Constitutional 
Information.] 

''  At  a  general  meeting  of  the  Society  for 
Constitutional  Information,  held  at  the  Crown 
and  Anchor  tavern,  Strand,  Friday,  17  th  of 
January,  1794, 

"  PRESENT, 

^  Mr.  John  llornc  Tooke  in  the  chair, 
'*  Mr.  Sharp,  Mr.  Gerrald,  count  Zenobio, 
Mr.  John  Pearson,  Mr.  Wills,  Mr.  J.  Wil- 
liams.  Dr.  Edwa^s,  Mr.  Bonney,  Mr. 
Chatfield,  Mr.  Harrison,  Mr.  John  Martin, 
Mr.  Fitzeerald,  Mr.  Stock,  Mr.  Satchell, 
Mr.  Sinclair,  Mr.  Kydd,  Mr.  Banks,  Mr.  G, 
Williams,  Mr.  Wardle,  Mr.  Watts,  Mr. 
Richter, 

"  Resolved,  That  law  ceases  to  be  an  object 
of  obedience  whenever  it  becomes  an  instru- 
ment of  oppression. 

"  Resolved,  That  we  recall  to  mind,  with 
the  deepest  satisfiiction,  the  merited  rate  of 
the  infamous  Jefferys,  once  lord  chief  justice 
of  England,  who  at  the  era  of  the  glorious  re- 
volution, for  the  many  iniquitous  sentences 
which  he  had  passed,  was  torn  to  pieces  by  & 
brave  and  injured  people. 


559] 


35  GEORGE  UI. 


'<  Resolved,  That  those  who  imitate  his 
example,  deserve  his  fate. 

<<  Mr.  Tooke  having  lefl  tjie  chair.  Re- 
solved, that  Mr.  Geirald  be  called  to  the 
chair. 

"  Resolved,  That  the  Tweed,  though,  it 
may  divide  countries,  ought  not,  and  does 
not,,  make  a  separation  between  those  prin- 
ciples of  cummou  sever Uj^^  in  which  Knglish- 
meiiand  Scotchmen  arc  equally  interested; 
that  injustice  in  Scotland,  is  injustice  in  Eng- 
land, and  that  tlie  safety  of  Englishmen  is 
endangered,  whenever  their  brethren,  in 
Scotland,  for  a  conduct  which  entitles  them 
to  the  approbation  of  all  wise,  and  tlie  support 
of  all  brave  men,  are  sentenced  to  Botany 
Bay,  a  punishment  hitherto  inflicted  only  on 
felons. 

**  Resolved,  That  we  see  with  regret,  but 
we  see  without  fear,  that  the  period  is  fast 
approaching  when  the  liberties  of  Britons 
must  depend  not  upon  reason,  to  which  they 
have  long  appealed,  nor  on  their  powers  of 
expressing  it,  hut  on  their  firm  and  undaunted 
resolution  to  oppose  tyranny  by  the  same 
means  by  which  it  is  exercised. 

"  Resolved,  That  we  approve  of  the  con- 
duct of  the  British  Convention,  who,  though 
assailed  by  force,  have  not  been  answered  by 
argument,  and  who,  unlike  the  members  of  a 
certain  a.ssembly,  have  no  interest  distinct 
from  the  common  body  of  the  people. 

**  Resolved,  That  a  copy  of  the  above  rcso. 
lutions  be  transmitted  to  citizen  William 
Skir\^ing,  secretary-  to  the  British  Convention, 
who  is  now  impri<!ioned  under  colour  of  kw  in 
theTol»)ooth  ol  Edinhurj^h. 

"  Resolved,'  That  tlie  resolutions  now 
passed  be  published  in  the  newspapers. 

"  Resolved,    That    the    rcsulutions    now ! 
passed  be  signed  by  the  chairman  and  secre- 
tary." 

Mr.  Erskine, — I  see  Mr.  Hardy  was  not 
tlierc. 

Mr.  Garrow, — No,  but  there  was  a  leltor 
read  from  Mr.  Hardy,  which  letter  was  read 
this  morning,  accompanying  the  copy  of 
Margarot's  indictment,*  and  stating  tliat  an- 
niversary dinner  of  the  London  Corresponding 
Society. 

**  At  a  meeting  of  the  Society  for  Consti- 
tutional Information,  held  at  the  Crown  and 
Anchor  tavern,  Strand,  Friday,  2 1th  January 
1794, 

"  PRESENT, 

"  Mr.  John  Pearson  in  the  chair, 

"  Mr.  Home  Tooke,  count  Zcnobio,  Mr.  Frost, 
Mr.  Bonncy,  rev.  Mr.  Joyce,  Mr.  J.  Wil- 
liams, Mr.  Stork,  Mr.  Banks,  Mr.  Rutt,  Mr. 
Bonham,  Mr.  Kydd,  captain  Gawler,  Mr. 
Wardle,  Mr.  HolcrofL  Mr.  Jennings,  Mr. 
Watts,  Mr.  John  Martin. 
*^  A  motion  was  made,  that  it  be 

«  Resolved,  That  the  oMHt  excellent  ad- 


Ttial  of  Hiomoi  Hardy  [560 

I  dress  of  the  London  Correspondinc  Society, 
be  inserted  in  the  books  of  this  socieW,  and 
that  the  King's  speech  to  His  *  parliament 
bo  inserted  uNOEa  it. — In  order  that  they  may 
he  always  ready,  for  the  perpetual  reference 
of  the  memliers  of  this  society,  during  the 
continuance  of  the  present  unfortunate  war; 
and  that,  in  perpctuam  rei  memoriam,  they 
may  be  printed  together,  in  one  sheet,  at  the. 
Happy  conclusion  of  it ;  which  happy  condu-' 
sion,  according  to  the  present  prosptrou*  aiH 
pcarances,  we  hope  and  believe  not  to  he 
many  mouths  distout. 

^'  *  An  amendment  was  moved,  'That 
'  between  the  words  His  and  Parliament,  the 
'  word  Honourable  should  be  inserted.' 

''  Honourable  was  withdrawn. 

*^  Another  amendment  was  then  moved, 
'  That  between  the  words  His  and  Parliament, 
'  the  word  Faithful  should  be  inserted.' 

"  Faithful  was  withdrawn. 

''  And  it  was  unanimously  resolved,  <  That 
'  His,  and  His  only,  is  the  proper  epithet  for 
'  parliament  upon  the  present  occasion.' 

'<  llie  resolution  then  passed  unanimously^ 
in  its  original  form. 

<'  Resolved,  That  the  London  Correspond- 
ing Society  have  deserved  well  of  their 
country. 

"  Resolved,  That  the  secretary  be  ordered 
to  cause  forty  thousand  copies  of  the  address, 
the  speech,  and  these  resolutions,  to  be 
printed  on  one  sheet,  and  properly  distributjed 
in  England,  Scotland,  and  Ireland. 

<<  Hesolved,  That  these  resolutions  be- pub- 
lished in  the  newspapers.'' 

'*  At  a  meeting  of  the  Society  for  Consti- 
tutional Information,  held  at  the  Crown  and 
Anchor  tovern,  Strand,  Friday,  7th  of  Fe- 
bruary, 1794, 

"  PRESENT, 

"  Dr.  Kentish  in  the  chair, 

"  Mr.  J.  H.  Tooke,  Mr.  Bonney,  Mr.  Bryant^ 

Mr.  Arthur  Blake,  Mr.  Wills,  Mr.  Sharpe, 

Mr.  Weldon,  Mr.  G.  Williams,  Mr.  Green, 

Mr.  J.  Pearson,    Mr.  John  Martin,  Mr, 

Thompson,  M.   P.    Mr.    Wardle,   Mr.  J, 

Williams,  rev.  Mr.  Harris,  Mr.  Parkinson. 

"  Ordered,  That  tlie  resolutions  relative  to 

the  address  of  the   London  Corresponding 

Society,  imsscd  at  the  meeting  on  the  94th  of 

January  last,  be  sent  to  the  Edinburgh  Ga- 

zettecr  for  insertion. 

"  Ordered,  That  a  copy  of  the  said  resolu- 
tions  of  the  24th  of  January,  be  sent  to  the 
secretary  of  the  London  Correspondine:  So- 
ciety," 

*'  At  a  meeting  of  the  Society  for  Consti- 
tutional Information,  held  at  tlie  Crown  and 
Anchor  tavern,  Friday,  7th  of  March,  1794, 

**  PKESENT, 

"  Mr.  Sharpe  in  the  chair, 
"  Mr.  Gftwkr,  rev.  J.  Joyce,  Mr.  Bobdcj, 


set]  Jbr  High  Treason. 

Mr*  Blake,  Mr,  Tooke,  Mr.  Wills*  Mr.  G. 
Wilfiiriis  Mr.  Siitr,heJl,  Mr,  WardK  Mr. 
irk,  Mr  Hull,  Mr.  Uolcroft, 
I.  Mr*  Thomps<jn.  Mr.  Hull, 
|)lr,  J.  Williiims,  Mr.  Beck,  Mr.  Banks, 
f%lT.  H:  Campbc'l),  Mr.  FawceU. 

Ui*it  he  would,  at 
li  icly»move  tliatlwo 

lid  U:  i>iieoed  i  one  of  them  (bound 
m  which  shall  be  entered  dJ  the 
jse  who  de8€r\'e  the  censure, 
,  the  merits  of  those  who  de- 
le of  the  society.*' 
At  ^  of  the  Society  for  Constitu- 

niiioa^  held  t&i  the  Crown  and 
«:rn,     Strand,    Friday,    2«th    of 

*•  Mr.  John  Pearson  in  the  chair, 

H.  Tooke,Mr  Ronney,  Mr.  Hull,  Mr, 
Aiutt  Shiirpe.  Mr.  WilJ^  Mr.  Wardle, 
j^r    r. .,....,  jvir.  Kvdd,  Mr.  J.  Williams, 


A.  D.  17^1- 


[562 


Mr.  Tiiorapsoii,  Mr.  Scott, 
,  Mr.  Beck,  Mr.  Parkinson, 
Mr.  Stark,  Mr.  Moore,  Mr. 


' 


Banks, 

''Resolved,  That  an  address  be  sent  from 
thi*  liocieiv  to  Messrs.  Mulr,  Palmer,  Skirving, 
^i  rrald. 

:  afHrcss  was  pro|>osed  by 
Mr,  Jo>  'T  uir,  Palmer,  Skirving, 

ilarp:  :: 

I  oilow  Citizens  ;— Although 
V  '    been  the   ^lileut,  yet  we 

^T(!  i>y  iiu  ui^iias  beea  ttic  unconcerned 
iMctators  of  your  conduct  and  suil'erings. 
*t  '  '        roved  of  your  exertions 

k':  i  I  jcss;  we  have  marked, 

•  f  ry  bti!|>  that  your 
1  you  to  your  pre* 

Luifs  are  the  trie- 

litTly: — tiie  men  who   are 
'  the  [nt{)[>me^s  ul  mankind, 
—  ;  in  whitli  you  iinharked,  and  to 

i-ive  b«nic  an  honourable  tesli- 
»«JttjF,  ih  worthy  o(  every  exertion,  and  its 
anrr  tn  t!i^  \«^orld  too  great  to  expect 
it  without  oppof^ition. 
<t'  liberty,  lor   whose  sake 
iirriicd  exile, 
',  Ihatcon- 
i^    ti>  tlic  same 
runsolation  thiit 


-li, 


rr*, 


but 

tiur 


evail ; 

r 


we  join  e%'cry  friend  to 

what  you  bare   al* 

1  h  unifioiis  hearts  rh- 


ness  are  limited  to  no  place,  but  are  aa  cx^ 
tensive  as  the  dominion  of  Gud . — ooder  the 
proieclion  of  lliat  Great  Being  amy  you, 
all  times,  and  in  all  places,  feel  Uie  plcasun 
that  arises  from  conscious  integrity. 

*'  Fellow  citizens,  we  a<i<»iire  yo\i,  that  1 
memory  ofyuur  virtues  shall  never  be  iftkced 
from  our  breasts;   the  cause  for  wtiich  yoc 
have  struggU-'d,  is  a  glorious  cause;  I  he  worl4| 
that  has  witnessed  your  exertions,  shall  mX/^\ 
ness  our»  also. — A  full  and  fiiir  represcntatioi|>J 
of  the  people  of  Great  Britain  we  seek,  witlLJ 
all  the  ardour  of  men  and  Britons;  for  the 
sake  of  which  we  are  not  only  rea/!y  to  act  J 
with  vigour  and    unanimity,  but,  we  tniMt^l 
prepared  also  to  suffer  with  constancy,  | 

"Our  best  wishes  will  c%*cr  attend  yonj] 
and  we  do  believe  that  the  day  is  not  vcry.i 
distant  when  we  shall  again  receive  you,  oaj 
British  shorciis,  the  wetoonic  children  of  a  frer] 
and  HAFPY  country.*' 

*'  Resolved,  That  Uie  s?^mc  be  sent  to 
Messrs.  Muir,  Palmer,  Skirving,  Maigaroty 
and  Gerrald.  ^ 

''  Ordered,  That  tlie  said  addresa  be  pub« 
lishcd  in  the  newspapers. 

"  Mr.  Joyce  guvc  notice,  that  lie  would, 
on  Friday  next,  brint;  forward  a  motion  relii- 
tive  to  ihe  speech  of  Mr.  Dundas,  on  Tuesday 
last,  re>pccting  the  introduction  of  Scotch  law 
in  England. 

'<  Head  a  letter  from  the  London  Corre^ 
ponding  Socirty. 

**  Resolved,  That  the  same  be  etileicd  on 
the  books  of  this  society, 

March  S7/^,  1704, 
"  To  the  Secretary  of  the  Society  tor  Coa- 
slilutional  Information. 

'*  Citizens; — ^1  am  directed,  by  iije  London 
Corresponding  Society,  to  transmit  tlie  follow- 
ing  rcsoliiliuns  to  the  Society  for  Conslitti* 
tioaal  Information,  and  to  request  the  senti- 
liienis  of  that  society,  respecting  the  imi>or- 
tant  measures  which  the  present  juncture  of 
affairs  seems  to  require. 

**  The  London  Corresponding  Society  con- 
ceives, that  the  moment  is  arrived  when  a  full 
and  explicit  declaration  is  necessary  from  all 
the  friends  of  freedom, — Whether  the  late 
illegal  and  unheard-of  prosecutions  and  sen- 
tences shall  determine  us  to  abandon  our 
cause,  or  shall  excite  us  to  pursue  a  radical  re- 
form, with  an  ardour  proportioned  to  the 
magiuLude  of  the  object,  and  with  a  iffaJ  at 
diittHf^inshrd,  on  tmr  purt'*,  as  the  tfcuchery  of 
uihen^  in  the  same  gloiious  cause,  is  nutorkmA, 
The  Sociely  iur  Cou^sUlutionai  Liiformatiuii  i$ 
llitrtforc  required  to  dcturiuinL',  whether  or 
no  they  will  be  ready,  when  called  upon,  to 
net  in  conjunction  with  thi^and  other  societiea» 
to  obtain  a  fuirreprcHcntationof  the  peopIe.^ — 
Whether  they  cone ui  with  us  in  seeing  the 
necessity  of  n  npetdif  C0nv€ntt0n,  fur  the  pur- 
pose of  obtaining,  in  u  ■  '  "  I  L^ 
method,  a  redr^M  of  ler 
which  wCj  at  prciOlt,  iarx>ur,  ana  wnxLii  am 
sr  O 


663]         35  GEORGE  III. 

anly  be  tffecUially  removed  by  a  AUl  and  fair  [ 
reprcseDtaiioft  ot  the  People  of  Great  Britain, 
Tbe  London  Corresponding  Society  cannot 
but  remind  their  friends,  that  the  present 
crisis  demands  ail  the  pnidence,  unanimity, 
and  vigour,  that  ever  may  or  can  be  exerted 
by  MiiSf  ond  Brtlwis;  nor  do  they  doubt,  but 
what  manly  firmness  and  constancy  will 
£  na  i  ly ,  and  ti  icy  beli  eve  slior  tly ,  ten  m  i  n  a  t  t 
in  the  full  accomplijjhroentof  all  their  wishes. 
I  am,  fellow  citizen  (in  my  humble  meafurej, 
a  fnend  to  the  rig h La  of  luan, 

(Signed)  "  T.  Uakdy,  aecrelafy.*' 

"  Resolved  unanimously,  1  si,  That  dear  as 
Justice  and  LiBcitTY  are  to  Britons,  yet  the 
value  of  them  is  comparatively  &mall,  without 
a  dependence  on  their  permanency ;  and  there 
can  be  no  security  for  the  continuance  of  any 
liightf  but  in  TfjrAL  L^ws, 

**  2nd,  That  equal  laws  can  never  be  ex- 
pected^ but  by  a  full  and  fair  repre&enlaliott  of 
the  people*^ — To  obtain  which,  in  the  way 
pointed  out  by  the  conslltution,  has  been  and 
IS  the  j^!e  object  of  this  socit  ly. — For  this  we 
are  ready  to  hazard  every  thing;  and  never, 
but  with  our  hvc^,  will  we  reliaqnishan  object 
which  involves^  th(.'  happint'Sis,  or  even  the  poll' 
tical  existence  of  ourselvet*  and  posterity- 

"  3rd,  That  it  is  the  decided  opinion  of  this 
society,  ihatp  to  ^enre  ourselves  from  future 
illegal  and  scandalous  prosecutions,  to  prevent 
a  r^  petition  of  wicked  and  ut^fust  sentences^ 
and  to  recall  those  wise  and  wholesome  laws 
th;tt  have  been  wrested  from  us^  and  of  wiilch 
scarcely  a  vestige  remains  ;  there  ought  lo  be 
hnfttt'diatcl}/  ii  Cokvektion  of  the  Plople,  by 
dtilegult!*,  deputed  for  thatpurpose,  from  the 
different  societies  of  the  Friendi  of  Fretthin^ 
.assembled  in  the  various  parts  of  this  nation. 
And  we  pledge  ourselves  to  the  public,  to 
pursue  every  Ic^al  method  speedily  to  accom* 


Trial  of  Thomas  Hardy 


[Wk 


Joyce,  Mr*  J.  William n,  Mr*  Wardle,  Mr- 
Uardy,  Mr.  Hokroft,  Mr,  W.  Sharpe,  Mr. 
Beck,  ;Mr.  Kyddj  Mr.  Banks,  Mr,  Riehter, 

"  llead  a  letter  from  the  committee  of  the 
London  Corresponding  Society,  aeouaintin|; 
this  society  that  theyliad  deputed  Matthew 
Moore,  John  Baxter,  John  Thelwall,  Richard 
Hodgson,  and  John  Lovelt,  lo  hold  a  con- 
ference wilh  the  members  of  this  society. 

*'  Mr.  Moore,  Mr.  Thelwall,  Mr.  Hodgson, 
Mr  Lovetl,  and  Mr.  Baxter^  attended  from  the 
Loiidon  Corresponding  Society. 

'^  Resolved,  That  a  delegation  of  five  mem- 
bers of  this  society  be  appointed  to  meet  the 
members  deputed  hj  the  London  Correspond- 
ing Societj\ 

'*  Resolved,  That  Mr,  Sharpe,  Mr.  Jaye^ 
Mr.  Wardle,  Mr.  Holcrof^  and  Mr.  Kydd,  be  a 
deputation  to  confer  with  the  deputies  of  the 
Corresponding  Society. 

"  Resolved,  That  there  be  appointed  a  com* 
mil  tee  of  correi^pondence  of  the  members  of 
this  society. 

**  Hesolvetl,  That  Mr.  Joyce,  Mr.  BonacT, 
Mr.  W.  Sharpe,  Mr.  J,  Pearson,  Mr.  Tooki, 
and  Mn  Wardle,  compose  the  commiiiee.'^ 

"  At  a  meeting  of  the  Society  for  CoD^tittv 
tianal  Information,  held  at  the  Crown  and 
Anchor  tavern,  Strand,  Friday,  April  it,  1194^ 

**  Present, 

"  Mr,  Joyce  in  the  chair, 

«  Mr,  J.  Williams,  Mr.  Tooke,  Mr.  J.  Pearsoo, 
Mr.  Symond?^,  Mr.  !JuU,  Mr.  Wardle,  Mr, 
Milner,  Mr,  Kyd,  Mr.  Wills,  Mr.  Thelwall, 
Mr,  Scott,  Mr.  Thompson,  Mr.  G.  Wiliams, 
Mr.  Hokroft,  Mr.  Chatfield,  Mr.  Beck,  Mr. 
Hardy,  rev.  Mr.  Mace  wen  (.Dundet)^  Mr. 
Fawcctt  (Fiincrti$t4ant)^  Mr.  Jennicp^ 
Mr.  Richter, 


for  High  Treason, 

between  the  Iwo  societies  were 
urihe  purpose  of  holding  personal 
nnwith  such  members  of  similar 
ther  parts  of  tlie  country*  us  may 
ii'C  in  LuDdon^  and  wbu  nmy  be 
Ibeir  respective  societies  to  act 
-oinmiUees," 


3IB0 

CO-' 

est 

coil 

*'  Read  the  following  letter  from  the  sccre* 
Uiy  Xo  the  London  Corresponding  Society. 

«  April  10,  1794, 
Citizen ; — I  aro  ordered  by  tlic  committee 

^  delegates  of   the  London  Curfespondiug 

S^iety,  to  inform  the  Society  for  Constitu- 
tioMJil  Information,  that  Ihcy  approve  of  the 
Tc^  ' f  the  commi tlce  of  cunferencc. 

d    the    Ix»ndon    Corresponding 
S«-j  chosen  Matthew  Moore,  John 

Tj  lin  Baxter,  Richard  Hodgson,  and 

Joini  i.vv.ji»  to  put  in  nractice  immeiliately 
the  teoood  and  third  resolutions  of  that  com- 
mittee, 

(SigncO)  **  Thomas  Hardy,  secretary. 

"  D*  Adams,  secretary  to  the  Society  for 
Constitutional  Information/' 


**  Resolved,  That  the  report  of  the  com- 
millee  of  delegates  from  the  London  Corres- 
ponding Society,  and  of  tliis  society,  be  entered 
la  the  books  of  this  society. 
**  1*1^   Refei:Jved,  That  it   appears  to   this 
cty  very  desirable,  that  a  t^cneral  meeting 
tV    ""       its  of  hberty  shonid  be  called »  for 
of  lakni^  into  con s^i deration  the 
tj '  f  niniiods  of  obtainmg  a  full  and  fdir 
rcprcH  nt^tion  of  the  people. 

,.!     !fr..oKrd    That  it  appears  to  this 

ral  object  wiU  be  much 

11^  committee  otVo-opera- 

-hcd,  for  the  purpose  of  hold- 

j).  imunication  with  such  mem* 

kf?  ul  ^itiular  societies  in  other  parts  of  the 

cguntry  h»  may  occasionally  be  m  London, 

Ud  who  may  be  aulborizcd  by  their  respective 

KKietfes  to  act  with  committees. 

"   '     'icsolvcd,  That  the  committee  of 
cv  nee   already    appointed    by    this 

fti  ^^-   rnmmillcc   for  co-operation 

ii  I  lion  with  the  commiltees  of 


A.  r.  179t. 


[56ff 


I,  That  the  secretary  be  desired  to 

I  r   h)  tJif'  l/)ndon  Corres ponding 

'liem  with  the  members 

i^d  to  confer  with  tliem. 

Ill  Mr  Joyce  be  requested  to 

fsre  of  secretary  of  the  com- 

•  nee. 

,  I  resent^  accepted  of  the 


'    V :       M  rijnir  of  the  Society  for  Constitu- 
t'     1  licld  at  the  Crown  and 

AijitjL:  1,  Friday,  May  9,  1T(>4, 

^'  riu>LN  r, 

"  Mr.  Wardle  hi  the  chair, 

*'llr  llnii    Mr  J  H.  Tooke,  Mr.  fmi,  Mr. 


W,  Sharpe,  Mr.  J.  Pearson.  Mr,  IIodg;M>n, 

Mr.  Joyce,  Mr.  J.  Williams,  Air*  Savage»* 

Mr.  Chalficld, 

*•  Read  a  letter  from  Mr.  Muir,  on  board 
tlie  Surpri/^  transport,  in  answer  to  the  address 
of  this  socieiy. 

«  Kcsulved,  That  the  same  be  entered  in* 
the  books  of  the  society, 

"  Read  a  pamphlet,  containing  certampro* 
cceduigsof  tnc  Lijndon  Corresponding  Society^ 
and  of  this  society, 

'=*  Resolved,  I'hat  two  thousand  of  the  same'  \ 
be  printed  by  this  stwriety.** 

Mr.  Madcun, — I  found  this  printed  pam- 
phlet at  Mr.  Adams's, 

Mr*  Gnrrow, — This  is  one  of  the  pamphlets 
which  tlie  last  resolution  of  the  Constitutional 
Society  directed  to  be  published,  and  which 
was  found  in  the  possession  of  the  secretary 
to  that  society.  The  letter  of  the  27lh  of  | 
March  1791  is  iatrotluctory  to  this  ;  that  is,  a 
letter  from  the  Ivondon  Correspondinif  Society 
to  the  Society  for  Coastitiuional  Information, 
with  their  resolutions  enclosed ;  they  have 
been  read  beibre, 

Mr.  Enkine.—^rim  letter  having  bccrr^ 
already  read,  I  sliunld  be  sorrj^  to  insist  unon  1 
the  Court  and  .Fury  hearing*  it  again,  nut! 
when  parts  of  papers  arc  read,  otiicr  PWtf  I 
may  bo  out  of  recollection  ;  thouj;h  your  lord^  j 
ships  and  [  may  havr  u  recoHection  of  it,  the  ] 
jury  may  not:  I  cannot  tell  whether  every j 
boJy  else  will  form  the  same  opinion  of  my 
case  that  1  do,  otherwise  I  should  not  be  ai>*J 
prehenstvc  of  any  thine. 

I\!r.  Ga/TOtt'.^The  nrst  thing  is  the  Ictt^r^ 
and  the  resolutions  of  the  27tn  of  March, 
which  have  been  read, 

[The  following  extracts  were  read  from  tbrfJ 
printed  p^iuiph let  produced  by  Mr.  Maclean.] 

**  Proceedings,  &c.  of  the  Society  for  Consti^ 
tutional  Information. 

**  Socittif  for  Constitutional  Information , 
London^  March  28, 1794. 

'*  Resolved,  That  the  following  address  I 
sent  to  Messrs.  Muir,  Palmer,  Skirving,  Mm 
garot,  and  Gerrald : 

'*  Friends  and  Fellow  Citizens  j — Although"' 
we  have  hitherto  been  the  sUent,  yet  we 
have  by  no  means  been  the  unconcerned  spec- 
tators of  your  conduct  and  sntlcrni£;s.  Wc 
have  seen  and  approved  of  your  exertions  for 
>our  cunntry*s  happu»es§— We  have  marked 
with  honest  indignation,  every  step  that  your 
enemies  have  taken  to  bring  you  to  yuur 
present  Mtnation.  Your  enenncs  are  the 
enemies  of  Prnur  Lidlrty,  the  men  who 
are  conspiring  ai^ainst  the  Imppiness  of  man- 
kind. The  eau5^c  in  whicli  you  arc  euibiirked^ 
and  to  which  you  have  borne  an  honourable 
testimony,  is  worthy  of  evt?ry  excrtiun,  and 
its  iroportimce  tu  the  world  too  greut,  to  ex- 
pect tlsacconiplishuicnt  without  *»)»M.>-iti"iiu 

**  The  history  of  liberty,  for   ' 
you   arc  doomed  to  a  long  and 


567] 


as  GEORGE  m. 


Ttvd  tf  Thomas  Hardy 


CS68. 


exile,  « ill  ^iUloird,  iu  the  present  instance,  that 
i-ott$i^tK>B  ttui  tvwimT  martyrs  to  the  same 
i'au>c  haw  cx^H-noiueil ;  Uic  consolation,  that 
vuu  »i.'.'  K^-i^  \uii  «*it«fi(tf,  suffer  in  vain. 

**  Mru  au>  |HTi>l),  but  truth  will  prevail ; 
iteithrr  |vrstvutiun,  nor  banishment,  nor 
^tti  il:<lt*,  Kxw  fi»uU\f  injure  the  progress  of 
thi>90  prmciples  which  involve  the  general 
lMpuiitc.<^  ot  man. 

*•  >\  liile,  therefore,  we  join  every  friend  to 
humanity  in  lamenting  what  yuu  have  alreadt/ 
cndurv  d,'und  with  anxious  hearts,  anticipate 
the  |>erils  to  whicfi  ^ou  taai^  be  exposed  m  a 
barren  and  uncultivated  country,  yet  we  can 
rejoice  that  the  sources  of  happiness  are 
limited  to  no  place,  but  are  as  extensive  as 
the  dominion  of  God  ;  under  the  protection 
of  that  Great  Being,  may  you  at  all  times, 
and  in  all  places,  feel  the  pleasure  tliat  arises 
from  conscious  integrity. 

"  Fellow-citizens,  we  assure  you  that  the 
memory  of  your  virtues  shall  never  be  effaced 
from  our  breasts ;  the  cause  for  which  you 
have  struggled,  is  a  glorious  cause,  the  wurld 
that  has  wiinesaed  if  our  exertions,  shall  witness 
ours  also. 

*  A  full  and  fair  representation  of  the 
people  of  Great  Britain,  we  seek  with  all 
the  ardour  of  men  and  Britons,  for  the  sake 
of  which  we  are  not  only  ready  to  act  with 
vigour  and  unanimity^  but  ue  trust,  prepared 
also  to  suffer  with  constancy . 

**  Ourtest  wishes  will  ever  attend  you,  and 
we  do  believe  that  the  day  is  not  very  distant, 
when  we  shall  again  receive  you  on  the 
British  shores,  the  welcome  children  of  a 
Free  and  Happy  Country. 

"  By  Order  of  the  Society." 

"  To  the  Chairman  of  the  Society  for  Con- 
stitutional Information.'' 
"  Surprize  Transport,  April  16,  1794. 

"  Fellow  Citizens ; — I  have  long  since  looked 
upon  your  society  with  admiration  and  esteem, 
considering  it  as  the  source  and  school  of 
most  of  the  political  information,  which,  by 
the  blessing  of  God,  has  overspread  the 
island.  I  have  been  instructed  by  the  wis- 
dom of  your  oapcrs,  and  animated  by  the 
spirit  of  your  addresses.  That  my  conduct  is 
approved  by  such  a  society,  is  my  pride  and 
my  joy. 

"  You  say  ^and  the  consideration  is  the 
support  of  my  life),  that  the  history  of  liberty 
Weill  prove  by  the  experience  of  her  former 
marturs,  that  sufferings  in  Iter  cause  cannot  be 
in  vain.  That  my  sufferings  may  not  be  in 
vain,  I  ardently  wish  that  the  eyes  of  my 
countrymen  were  open,  not  only  to  the  ille- 
gality and  despotism  of  my  sentence,  but  to 
the  alarming  measures  by  which  it  was 
brought  about.  My  jury  was  three  times 
packed  by  the  servants  of  the  crown  before  it 
sat  tipon  me.  In  the  first  instance  iy  the 
feheritt^s  deputy,  placemen  immediately  ap- 
pointed by  the  crown ;  in  the  second^  by  the 
crown  agent,  lord  ad vooftte^&c.  ti  Edinburgh; 


and  in  the  third,  by  the  justiciary  lords,  ivlio 
tried  the  cause.  These  last,  arbitrarily  appoiat 
the  fifteen  particular  persons  who  are  to  at 
upon  the  accused.  The  strongest  objectioiiB 
are  mere  air,  as  the  lords  alone  are  the  judns 
of  the  validity  of  them.  A  majority  of  Qm 
fifteen  condemns.  If,  therefore,  mimstr^^ 
with  their  all-extensive  influence,  can  in 
three  countries  find  only  eight  servile  tools 
subservient  to  their  views,  the  fortune,  tbe 
liberties,  the  lives  of  all  Scotland  are  at  their 
mercy.  Trial  is  condemnation.  The  sen- 
tence is  appointed  before-hand  by  the  minia- 
tcr,  and  mine  was  known  a  full  weds  at 
Edinburgh  before  it  was  uttered.  Tbev  OHi 
ruin,  or  even  murder  whom  they  pwasa* 
This  infamous  robbery  of  the  first  right  of 
Englishmen,  a  trial  by  jury  fairly  chosen,  I 
have  endeavoured  to  set  forth  in  a  letter  to 
the  editor  of  the  Morning  Chronicle,  last 
October  or  November,  of  the  date  (if  I  remem- 
ber rightly)  of  the  '22nd  or  27th,  of  which  I 
now  avow  myself  the  author,  to  which  I  beg 
leave  to  draw  the  attention  of  the  Society  for 
Constitutional  Information.  Farewell, fefloir- 
citizens.— I  am,  with  respect  and  esteem, 
your  equal  brother, 

'^Thomas  Fyshe  pALMia. 
"  Surprize,  Spithead,  April  16, 1794." 

**  SurpriK  Transport,  Spithead, 
Attril  17,  1794. 
*f  Mr.  President ; — Permit  me,  sir,  to  assure 
you,  and  the  respectable  Constitutional  So* 
ciety,  that  the  very  consoling  address,  re- 
ceived agreeably  to  their  resolution  of  the 
28th  ult.  has  excited  in  me,  as  also  in  the 
hearts  of  each  of  my  fellow  martyrs,  for  the 
irnpnrtaiU  cause  of  univcrsnl  suffrage,  and 
annual  parliaments,  the  most  lively  sensations 
of  gratitude  and  esteem.  The  Constitutional 
Society  was  the  forenjost  of  true  patriots  to 
raise  the  Standard  of  Reform,  for  tne  purpose 
of  redeeming  from  the  cuntaniinatmg  and 
cunlugiuui)  influence  of  corruption,  those 
venerable,  but  almost  lost  principles  of  the 
British  constitution.  Wrought  into  it  by  the 
blood  and  irresistible  energies  of  our  fore- 
fathers, numy  of  whom,  rather  than  that 
these  principles,  upon  which  depend  the 
virtue  and  felicity  of  Society  should  be  lost 
sight  of,  exhibite<i  their  high  esteem  of  them 
on  scaffolds  and  in  dungeons;  that  all,  eren 
the  most  callous  spectators  might  tie  per- 
suaded, that  the  truths  for  which  they  did 
not  reckon  even  their  lives  too  dear  a  sacrifice, 
were  surely  worthy  of  the  unprejudiced  inves- 
tigation of  all.  Your  remark  therorbre  is 
just,  and  it  is  very  soothing  to  us,  "  Wa  da 
not,  we  cannot  suffer  for  such  a  cause  in  rain." 
The  resentment  of  our  enemies,  driving  then 
into  such  absurd  measures  towards  men, 
against  whom  vice  of  any  kind  is  not  even 
alleged,  must  have  moved  in  every  unpreju- 
diced mind,  the  restless  question;  Why? 
Why  are  men  who  seek  the  improvement  of 
their  speciea  thrown  with  felons  Into  don- 


569}  for  High 

geonsf  And  iiili  infortnatioTi   must  toilow 

MDC«TO  tn<^uiry,  a/»d  at  length  convert  all  lo 

till  r           ;va(i  rightcousnH^    1  there* 

Iqt  onseot  to  suffer  to  promote 

blanied  fus  liavin^  preroaturdy, 
i^  c  <i|ii>ied  ourselvea  to  In^  ^--r  -^t^y  t>t' 
;  by  our  suffcnngs,  tliec;*,  uld 

If  in  this  case  we  h-,^  c.._J,  I 
ViU  readily  take  the  whole  blame,  as  having 
strained  every  nerve  to  press  /orward  the 
moifure  of  a  general  convention,  as  being  tlie 
only  inean^  to  avert  impending  ruin.  I 
aougbl  to  arouse  and  alarm  my  countrymen  lo 
oooailcr  t^ieir  eiktreme  dauber.  I  feared  that 
tlie  nece^sJly  for  such  association  would  be  on 
in  Mbf>e  we  v?cre  prepared  for  it*  Besides, 
vhal  Hi'  '  Iv  interest  so  much 

tbc  pi<!  has  50  much  in- 

cmieii public  injurmauonf  U excited  counter 
mocktHMiSf  and  caiisecl  every  man  to  see 
iitio  were  on  the  side  of  truth,  and  who  were 
on  the  side  of  cormptjon:  It  exposed  the 
itifiiih  ftud  interested  designs  of  the  one,  and 
tbt  UfkfeigOed  prosecution  of  the  public  good 
by  the  aitrnt.  I  speak  so  with  the  greater 
eoofideoe^  before  a  Society  Umt  must  have 
mirked  tlje  progress  of  information  so  ion^ 
VDiier  l^ietr  own  auspices.  You  must  know 
jiat  Thi^  progress,  the  exciting  the  inquiry  of 
h:L5  been  more  extensively  eftetted 
iast  year,  than  during  the  ten 
rirs.  The  cau!»e  w»s  the  General 
The  terror  and  haired  of  mi- 
ves  the  Irutii.  Who  then 
td  even  his  life  to  have  been 
i  3IJ  |»romtt  -  '  -^"Mch  good? 
yphtil  api  t  our  conduct 

•i-U'd  this  s.t.*--^.*.ution;  forgive 
my  freedom,  I  may  be  mistaken. 
The  imtiortinl  revolulton  in  human  atTairs^ 
to  ivhicn  every  Christian  louki^  with  anxious 
hope,  may  he  yet  di<^tanl.  \(  it  if,  tyranny 
IM^  itill'triumph.  But  God  furbi<l  "it  It 
WfnM  then  he  belter  to  die  than  lo  live. 
B'  |>e  ihe  rrver^e,   1   know,  as 

)  \e,  *  'that  thf  im^iottance  of 

'  (  /  Jitcdtim  M  tfHt  fir€i(t  tu  tfm  ii>ar/rf, 

^  i  ti»  ac€OMplithm€ui    without    opptt- 

'  I    ii^c    oppoHlLuU    vi    dcspaumg 

'  3  be  dreadfu],  it  will  be  deslfuc- 

t  '     '— becHiiic   nothing;    but  it*. 

Ji  ;gle  will  rou^  mankind  from 

I;.:.*,  .,,..  v.i  ,,iii  of  security.  Thty  rtgard 
ui^  ikty  ^iiff  not  ill  prtitfTii  victtmt.  They 
•m  •fif  the  vvil  {ai  hum  iVii  i!isf  Ivcs,  aud 
mmm  ,  '  when 

*tbfir  IS  none 

••to  i«  what 

§!■  b-  'U   alone 


A.  D*  1794. 


[570 


■M^w«ut  tiut  lift  mirui  *  uruie'|utiKe  of  sucti 
irtluittltt*     l^Nm&in   I/>vr  II  Mt    tfrffrgthf 


I  ^i«ld  roiUMi 


u.      By  so  dcnn^» 
pL*  tfie  tjtt^iruction    whiek   u* 
oaall  tbecarllL 


*'  Worthy  citizens,  I  will  solace  my  minrj, 
when   drooping,    with    llie    kind    as&nrance*! 
\  have  vouchsafed  by  your  mastcrlj*! 
hat   I«   With  my  brethren,  have 
place  iij  your  fifteciiun  and  prayers;  and 
wilJ   beheve  with  you,  *   thni   ihc  dfty  is  not  ^ 
^vtr^f  iiiitantj  uhtn  you  utilogain  receive  utl 

*  on  British  »hor€4t  the  uTtcome  children  tff'  §r 
'free  and  htippif  people  J*    \\\\v\\  indeed  it  shall 
be  dcraoiistratcd,  *  That  our  tnanici  Crc  th^  I 

*  enemies  uf  public  liberty  ;  the  men  who  couspimll 

*  red  against  the  happinesi  of  mankind/     But  / 
though  the  mijhty  are  combined,    though  i 
they  should  so  lar  prevail  as  to  scatter  utterly 
in  their    vain  apprehension  the  friends  of  I 
truth,  the  principles  of  it  which  are  already 
esiEiblished,  is  the  '  stone  cut  out   without 

*  bands,  aud  shall  become  a  great  mouutain,  J 

*  and  fill  the  whole  earth,'  for  he  who  first 
commanded  the  light  to  shine  out  of  darkneM^  J 
18  \t^  almighty  patron, 

"  Be  assured,  my  desir  brethren,  that  I  have  I 
already  reahzcd  the  pleasures  of  conscious  in*  j 
Urr.tv  ur\(\  can  reflect  wiih  the  sinccrest  sa* 
that  1  was  influenced  in  all  mjr 
<  for  the  cause  of  reform,  by  that  j 

benevolence  which  I  would  ever  cultivate  as  I 
the  principle  of  every  kind  of  human  excel* 
lencc, 

'^  With  sentiments  of  the  most  unfeigned 
esteem  and  respect,  I  am  yonr  sincere  well-  ' 
wisher,  "  W.  Siuavtifc. 

"  The  President  of  the  London 
Constitutional  Society  " 

"  Surprise  Transport,  April  2iih^  17^,  | 
**  To  the  members  of  the  Society  for  Caosli# 
tutiunal  Information,  in  London, 

**  That  the  spirit  of  Freedom  is  not  extio- 
i^uished,  but  still  retains  its  former  energy,  in  , 
defrance  of  the  artifices  and  of  the  violence  of  J 
despotism,  i^^  an  object  of  high  consolation  to  [ 
my  mind.  Eni^aged  in  the  sacred  cause  of  I 
man,  individual  man  is  an  atom  of  little  va^| 
luc ;  aud  in  speaking  of  himself^  when  he  I 
recot1uct>»  and  contemplates  the  principles  of  I 
tits  conduct,  should  disdain  to  make  use  ofl 
the  term  sufiering*  Wisliout  a  vain  aflect'ionp  [ 
for  inyscif,  I  disclaim  the  assutnption  of  cx^j 
traordinary  merit.  The  man  who  has  actett  i 
in  obedience  to  the  law  of  his  own  conscieao%  j 
has  simfdy  discharged  his  duty  ;  and  the  conal 
Irary  si4>posilion  would  uivolvehim  in  guilt.  11 
am  deeply  peruiaded,  lliat  many  of  the  meii|J 
whom  1  now  address  in  a  situation  less  cir«] 
cumscribed,  with  abilities  more  powerful,  but] 
not  with  htrarts  more  honest,  after  luivint  j 
atchlcved  what  I  could  not  accomplish,  wouldi 
with  the  same  silent  scorn  have  regarded  eacl|J 
feeble  attempt  to  shackle  and  to  repress  "  '^ 
frceboru  mind, 

**  Your  preceding  exertions,  in  attcmptirigl 
to  procure  a  fair  representation  of  the  peopSI 
in  parliament  have  been  mentorious.  'IhcyJ 
are  a  solemn  ar  '  '    '       nf  their  futui^l 

conlinuuttotu  «o  the  number,! 

and   to  the   ra^'iuiv^v  vi    urvsc   treinenduuij 


671] 


35  G£ORG£  lU. 


Trial  qfThmas  Hardi^ 


[872 


scenes,  which  daily  in  succession  pass  before 
the  eye ;  Ally  All  of  them  deriving  their  exist- 
ence from  this  violation  of  our  constitutional 
rights,  let  your  ardour  in  procuring  a  rectificar 
tion  of  what  is  wrong  be  uicreased.  Confi- 
dent you  will  obtain  the  blessing  of  that  Being, 
whose  great  design  is  the  hajppmess  of  his  cre- 
ation. Thomas  Muir.'' 

**  It  being  recommended  at  a  former  meet- 
ing, to  the  members  of  the  Society  for  Con- 
stitutional   INFORMATION,    tO    DCrUSe    tWO 

printed  sermons  of  the  rev.  J.U.Williams, 
preached  on  the  public  fasts  of  1793  and 
1794,  as  productions  of  singular  worth,  the 
society  came  to  the  following  unanimous  reso- 
lution :— 

<'  London^  April  SS^A,  1794. 
<^  Resolved.  That  the  grateful  thanks  of 
this  society  oe  paid  to  the  rev.  J.  H.  Wil- 
liams, Vicar  of  Wells-Bourn,  Warwickshire, 
for  the  publication  of  his  two  inestimable  ser- 
mons on  the  public  fasts  of  April  1793,  and 
February  1794.  The  doctrines  and  senti^ 
ments  which  they  contadn  are  in  perfect  uni- 
son with  the  principles  of  this  societ}' ;  and 
we  trust  that  the  motives  and  springs  of  ac- 
tion which  he  recommends,  will  ever  be  found 
to  direct  our  conduct. — By  order  of  the  society, 
"  D.  Adams,  secretary." 

^  Society  for  Constitutional  Information. 
"  May  ^ndy  1794. 

^  This  being  the  anniversary  of  the  society, 
upwards  of  three  hundred  persons  dined  to- 
gether at  the  Crown  and  Anchor-tavern,  in 
tne  Strand. 

«  JOHN  WHARTON,  M.  P.  in  the  chair. 

"  STEWARDS, 

«  T.  Thompson,  M.  P.    John  Williams, 
John  Chatfield,  John  Pearson, 

J.BellendcnGawler    Arthur  Blake, 
Robert  Knight,  William  Sharp, 

G.  Wingfield  Spar-    Thomas  Wardle, 
row,  Charles  Goring, 

Jeremiah  Joyce,  John  Bonham." 

"During  the  time  of  dinner,  and  between 
the  toasts,  a  numerous  band  played  the  po- 
pular tunes  of  Cd  Ira,  the  Carmagnol,  the 
Marsellois  March,  the  Democrat,  and  a  new 
piece  of  music,  called  the  *  Free  Cokstitu- 

*  TION.' 

"  After  diimer  the  following  sentiments 
were  given  with  unbounded  applause ; — 

"  1.  THE  RIGHTS  OF  MAN. 

"2.  A  Free  Constitution. 

«  3.  The  Swine  of  England,  the  Rabble  of 
Scotland,  and  the  Wretches  of  Ireland. 

''  4.  Equal  Laws  and  Liberty. 

"  5.  May  Despotism  be  trodden  under  the 
Hoofs  of  the  Swinish  Multitude. 

«  6.  THE  ARMIES  CONTENDING  FOR 
LIBERTY. 

.  **  7.  WiadoDi,  KnanesB,  and  Unanimity  to 
«j)liheFMiio&  Socwtki  m  Great  BriUin. 


"  8.  To  the  reign  of  Peace  and  liberty. 

*'  A  citizen  then  rose,  and  in  a  short  speech 
observed,  that  the  Stewards  seemed  to  have 
fbreotten  in  their  list  of  toasts,  a  person  who 
had  done  more  than  almost  any  man  towards 
the  Reign  of  Peace  and  Liberty ;  he  would, 
therefore,  propose  as  a  toast  <'  lord  Stanhope.** 
An  amendment  was  proposed,  that  instead  of 
Lord  Stanhope,  Citizen  Stanhope  shoidd  be 
drank,  which  was  received  with  thundering 
applause. 

**  9.  May  the  Public  Revenue  never  be  ap- 
plied to  the  purposes  of  corruption. 

*'  10.  The  Victims  to  the  cause  of  Liberty 
suffering  under  the  sentences  of  the  Court  of 
Justiciary. 

<*  11.  Archibald  Hamilton  Rovran,  and  the 
Patriots  of  Ireland. 

'^  13.  The  persecuted  Patriots  of  England. 

«  13.  MAY  HIE  ABETTORS  OF  THE 
PRESENT  WAR  BE  ITS  VICTIMS. 

"  14.  The  Chairman,  and  success  to  fais  ex- 
ertions in  the  cause  of  Freedom. 

<^  Mr.  Wharton  thanked  the  company  for 
their  marked  approbation  of  his  conduct,  and 
pledged  himself  to  continue  his  efforts  in  the 
cause  of  Liberty.  He  then  said  he  would  pro- 
pose as  a  toast, 

"  15.  That  steady  Friend  to  Liberty,  John 
Home  Tooke. 

''  Mr.  Tooke  said,  he  hoped  it  would  be  the 
last  time  that  his  hc»Edth  should  be  drank.  His 
ambition  was,  that  hereafter  his  memory 
should  be  given, 

"  16.  MAY  ALL  GOVERNMENTS  BE 
THOSE  OF  THE  LAWS,  AND  ALL  LAWS 
THOSE  OF  THE  PEOPLE. 

"  17.  Thomas  Paine. 

<'  The  Chairman  then  gave  as  a  concluding 
toast,  a  sentiment  directly  in  opposition  to 
that  of  Mr.  Windham. 

"  18.  Prosperity  to  the  commerce  and  ma- 
nufactures of  Great  Britain." 

Mr.  Garrott!. — There  follow  several  songs, 
which  are  stated  to  have  been  sung  at  the  dm- 
ner — I  do  not  desire  them  to  be  read,  but 
have  not  the  smallest  objection  to  their  being 
read,  if  Mr.  Erskinc  wishes  it. 

Mr.  Erskine, — I  am  not  particularly  anxi- 
ous for  a  song  at  the  present  moment. 

[The  songs  were  not  read.] 

It  being  now  past  twelve  o'clock,  a  conversa- 
tion took  place  respecting  the  adjournment, 
in  which  the  jury  stated,  that  they  could 
not  have  the  necessarv  refreshment  of  sleep 
in  the  Session  House,  having  only  one  room, 
and  nothing  but  matrasses  to  lie  down 
upon,  and  that  they  had  not  had  their 
clothes  off  for  more  than  forty  hours.  The 
Counsel  on  both  sides  expressed  their  desire, 
that  the  Jury  might  have  every  possible  ac- 
commodation. The  Court  being  informed, 
that  the  juiy  could  have  beds  at  the  Hum- 
mumsy  m  UovenVOarden  (with  the  oon* 


67S] 


Jbf  High  Treason* 


A.  D.  1794. 


Cfi74 


sent  of  the  Counsel  on  both  sides),  directed 
that  they  should  go  thither.  Four  officers 
were  sworn  to  keep  the  Jury ;  and  the  jurv 
went  in  coaches  to  the  Hummums,  attend- 
ed by  the  Under-sheriffs,  and  the  four  officers. 

Adjourned  till  Eleven  o'Clock. 


Stuion  House  in  the  Old  Bailey,  Thursday^ 
October  the  ZOth,  1794. 

Present,  Lord  Chief  Justice  Eyre ;  Lord  Chief 
Baron  Macdonald ;  Mr.  Baron  Ilotham ; 
Mr.  Justice  Buller;   Mr.  Justice  Grose; 
and  others  his  majesty's  justices,  &c. 
Thomas  Hardy  set  to  the  Bar. 
Mr.  Attorney  General. — I  am  going  to  pro- 
duce some  papers  found  in  the  possession  of 
t|ke  prisoner  so  far  back  as  the  30th  April, 
1792,  by  which  it  will  appear  that  the  pri- 
soner, Mr.  Margarot,  Mr.  Martin,  Mr.  Bichter, 
one  of  the  persons  named  in  this  indictment, 
were  at  that  time  chosen  delegates  of  the 
Corresponding  Society,  and  Mr.  Vaushan,  and 
one  or  two  more  of  them,  I  think  were  to 
draw  up  the  constitution  of  the  society. — I 
shall  produce  a  letter  of  the  prisoner  desiring 
that  constitution  to  be  drawn  up. 

Mr.  Gt<riie//.r-Tliese  two  papers  I  found 
ID  Mr.  Hardy's  possession. 

[They  were  read.] 

"  Monday,  SWA  April,  1792. 
^  Corresponding  Society,  Division  No.  7,  held 
•t  the  sign  of  the  Coach  and  Horses,  Lin- 
coln's Inn  Fields. 

"  James  Sheriff  in  the  chair. 

^Resolved  unanimously.  That  Maurice 
Marnrot  be  appointed  our  delegate  to  the 
Handing  committee  of  the  several  divisions 
of  the  Corresponding  Society. 

^  That  said  delegate  shall  continue  in  of- 
fice during  the  space  of  three  months  from 
this  day. 

"That  these  resolutions,  signed  by  the 
chairman,  be  transmitted  to  the  president  of 
the  committee. 

**  (Signed  by  order), 

"  Jas.  Sheriff,  chairman.'' 
Indorsed,—"  April  80, 1792,  Division  No.  7. 
"  Mce.  Margarot,  delegate." 

"  To  the  Delegates  of  the  London  Corres- 
ponding Society. 

"  At  a  Meeting  of  the  Second  Branch  of  the 
aforesaid  Society,  held  at  the  Blue  Posts, 
Uay-market, 

"  Mr.  M'Bean  in  the  chair, 
*  It  was  unanimously  resolved,  1st  That 
the  precedence  is  to  go  by  rotation. 

**  2dly.  That  David  llowland  was  unani- 
■Kmslv  elected  secretary. 

^  Sdiy.  That  Mr.  Martin  was  unanimously 
ikded  delegate  for  this  society,  for  three 


months  from  the  date  hereof.  By  order  of  the 
society,  D.  Rowland,  secretary. 

**  April  80th,  1792." 

Indorsed,—"  Mr.  Martin,  attorney  at  law, 
Richmond  Buildings. 

"  80th  April,  1792. 

"  Division  No.  8.    John  Martin,  delegate. 

"  Division  No.  8,  Blue  Posts.  John  Martin 
delegate. 

"James  Black,  deputy,  the  10th  May, 
1792,  in  consequence  of  Mr.  Martin's  nou- 
attendance." 

Mr.  Lauzun — I  found  these  two  papers  io 
Mr.  Hardy's  house. 

[They  were  read] 

"  This  is  to  certify,  that  we,  the  Division 
No.  16  of  the  London  Corresponding  Society, 
have  chosen  John  Baxter  our  delegate. 

"  £dw.  Jones,  chairman. 
"  E.  Gray,  secretary. 
"  Nov.  5j  1T92." 
Indorsed—"  Mr.  Margarot. 
"  Division  No.  16— John  Baxter,  delegate. 
"  No.  of  members  31." 

"  Thursday,  Qth  Nov.  1792.  ^ 
"  On  an  application  being  made  to  the 
committee  of  delegates  of  theXondon  Correfr- 
pondine  Society,  by  John  Richter,  of  division 
No.  6,  for  leave  to  institute  a  division  of  thSs 
society  in  the  neighbourhood  of  Knights- 
bridge,  he  is  hereby  authorized  to  do  so  in  the 
course  of  the  next  week,  and  take  the  name 
of  Division  No.  19of  the  London  ConesponcU 
ing  Society. 

"  Sigi^  by  order, 
"  Mce.  Margarot,  chairman 
"  Thos.  Hardy,  secretary. 

"  This  is  to  certify,  that  John  Richter  is 
appointed  delegate  Kom  Division  No.  19  of 
the  London  Corresponding  Society,  this  first 
meeting,  at  the  Friend  and  Hand,  Dttle 
North-street,  Knightsbridge,  this  Monday, 
the  26th  Nov.  1792. 

"John  Richter, chairman. 

"  Alr.  Watino,  secretary.*' 

Indorsed—"  To  the  citizens  delegated  for 
the  management  of  the  affairs  of  the  London 
Corresponding  Society,  &c.  &c. 

"  Division  No.  19. 

"  John  Richter,  delegate— No.  of  mem- 
bers, 6J* 

Mr.  GumelL—l  found  these  papers  in  Mr. 
Hardy's  house. 

[They  were  read.] 

"  7th  May,  1792. 

"  Mr.  Hardy,  the  bearer  of  this,  is  delegated 
by  the  division  of  the  London  Corresponding 
Socictv  that  meets  at  the  Bell,  Exeter- street 
Strand;  and  is  authorized  to  assist  at  the 
committee  appointed  to  form  a  constitutional 
code  of  laws  for  the  government  of  the  Cor- 
responding Society.  Robert  Boyd." 

Indorsed—"  80th  April,  1793. 

«  Division  No.  a—ThosAlwA^^^^v 


t75]         35  GEORGE  IIL 

^  The  90tkJprii,  1799. 
"  Mr.  Vaugh:in,  the  bearer  of  this,  is  dele- 
sated  by  the  division  of  the  Corresponding 
^Society  that  meeta  at  the  Bell,  Exeter-street ; 
and  is  authorized  to  assist  at  the  committee 
appointed  to  form  a  constitutional  code  of 
laws  for  the  government  of  the  Corresponding 

Indorsed—"  30th  April,  1792. 
**  Division  No.  3. — Felix  Vaughan,  dele- 
^te." 

**  Sir ; — I  take  the  liberty  of  sending  you  a 
lew  of  our  original  papers,  for  ;four  perusal 
this  afternoon — If  you  see  any  thing  in  them 
worthy  of  adopting,  for  the  approbation  of 
the  delegates  to  morrow  tvtniug, — Some  of 
them  arc  sweet  !lowers ;  an^l  I  hope  you  will 
be  like  the  bee— extract  a  little  from  etch.  I 
wish  yotj  {if  you  sec  any  propriety  in  it)  to 
copy  part  6f  the  preamble;  thai  part,  I  mean, 
thai  Inenllon^  Ine  number  of  inbabilanl^  in 
etch  of  ib*T&e  populous  towns  that  hate  not  a 
auigle  voice  in  chcrosing  a  •«cmber  to  r*pre- 
MUtheni, — I  am  i^ure  it  would  have  a  good 
effect  upon  the  public,  and  likewise  the  roilen 
boroughs  in  Cornwall;  when  those  papers 
were  read  in  our  society  in  its  ijifani  slate; 
(but,  by-tbe-by,  it  is  scarcely  out  of  leading- 
strings  now ;  but  do  not  let  a  doubt  rcauun 
withi  us  of  success)  they  wrre  fired  with  indig- 
nation at  such  an  unjust  and  unequal  reprc- 
jientation ;  many  never  heard  of  any  such 
^hing. — If  our  society  were  so  affected,  by  the 
aaoie  way  of  reasoning,  tens  of  thousands  of 
the  people  ot  this  nation  would  be  equally  sOj 
if  they  were  informed  of  the  existence  of  those 
evjis ;  for  some  of  tbem  (in  my  opinion)  are 
the  most  gtaxing  that  can  be  exhibited  to  the 
public. — Excuse  mc  for  taking  such  Liberty 
with  you. — I  remain^  sir^  your  and  the  socicly*s 
Vt^ous  friend,  Tnos.  Ha  Roy 


Trial  of  Thomas  Hardy 


[576 


**  9.  That,  to  ei\ioy  all  the  advanlaps  of 
civil  sorietv,  it  is  not  necessary  that  indivi- 
duals  should  relinquish  more  of  their  natoral 
independeiyce  than  is  required  to  fulfil  this 
injunction.  Let  the  minority  yield  a  friendly 
submission  to  the  minority." 

"3.  That  no  majority,  "however  great,  can 
justly  deprive  the  minority  of  any  part  of  tbeir 
civif  rights  :— wherever  it^  is  attennpted,  the 
social  bond  is  broken,  and  the  minority  have 
a  right  to  resist. 

"  4.  The  civil  rights  of  crety  individual 
arc  equality  of  voice,  in  the  making  of  laws, 
and  in  the  choice  of  persons  by  wliom  those 
laws  arc  to  be  administered. — Equality  before 
the  law,  whether  in  claiminc^  iu  proinrtinnj 
or  iubmitting  to  its  scntcntc.  1  in^Jvi^*  lo 
publish  his  opinion,  to  e3Lerci£e  bi^  religious 
wtirijilip  wilhout  mole  slal  ton  or  reslrjttioti, 
and  to  enjoy  his  properly,  subject  only  tosucli 
contributions  as  may  be  imparUal^  levied 
for  the  public  service. 

**  &,  iubmi^ssion  to  any  measure  does  not 
imply  silence  as  to  the  propriety  or  impn>> 
prlety  thereof* 

"  (S.  Every  power  Inlrualed  to  a  magjstnte, 
implies  a  responsibility  for  the  exercise  of  thai 
power. 

'*  7*  The  foregoinac  are  not  new,  but  are  the 
origma!  principles  ot' English  governnieat* 

*'  8.  The  total  departure  from  the  priueipif 
of  equality  in  the  election  of  the  legislative 
budy,  commonly  called  the  House  of  Com^ 
mons,  is  the  chief  cau^e  why  the  people  of 
Britain  are  now  deprived  of  Uie  benefit  of  the 
tiiregoiiig  principles  ;  and  in  place  tiiereof^ 
labour  under  a  continued  system  of  f^toriioa 
and  monopoly. 

**  9  The  Corn  ocf— is  a  grievance  immc- 
diately  resulting  from  the  restriction  of  the 
choice  of  representative*,  to  men  of  landed 
of  bread  i 


577] 


for  High  TreoiOHB 


A.  D.  1794. 


im 


as  engines  of  corporation  influence ;  for  in 
some  instances,  the  produce  of  the  tax  does 
not  pay  the  expense  of  collection;  were  the 
sense  of  the  nation  fairly  taken,  it  is  impossi- 
ble to  believe  but  that  whatever  sum  might 
be  necessary  for  the  public  service,  it  would 
be  raised  by  means  less  obnoxious  and  less 
expensive. 

**  19.  The  mutiny  act — which  would  neVer 
lave  existed,  had  not  the  balk  of  the  people 
been  excluded  from  rcpreseiMation.  It  re- 
flects a  charge  of  hypocrisy  on  those  who 
■Ifect  to  bewail  the  late  events  in  France,  yet 
calmly  tiew  the  defenders  of  their  own  coun- 
fiy,  subjected  to  every  species  of  fraud,  insult, 
fend  cruelty.  The  military  excellence  of  true 
lepublicans,  in  all  ages,  proves  it  to  be  unne- 
cessary. Convince  a  Bntun,  that  he  is  about 
to  fight  for  a  country  in  which  his  rights  are 
dulv  consulted,  and  the  cat  of  nine-tails  may 
be  burnt  by  the  hands  of  the  common  liang- 


*  13.  The  impresi  f^rvfr^^^ually  cruel 
with  the  foregoing,  is  another  effect  of  partial 
Itpresentation :  it  has  lately  been  provnl  that 
tbe  expense  of  this  service,  if  applied  to  m- 
cnease  the  seamen's  pay,  woifld  render  Hn- 

Cssing  uimecessary ;  but  it  is  more  consiv- 
t  with  the  govemracnt  of  a  faction,  to  dis- 
tribute the  sum  among  the  officers  of  eorpo- 
lations. 

"  14.  The  ill  eflfect;  of  partial  represent»- 
tbo  are  not  confine'l  (o  men  in  private  sta- 
tKNis;  we  challenge  conlradiriion  wh*n  we 
tsfcrt  that,  in  general,  promotion,  whethi^r  in 
tbe  army,  nary,  or  cnurrh.  st  tne  effect  of 
parliamentary  conr*e:i!o:;,  %r»d  li«e  rew%rd  of 
parliamentary  i-ro-?:ii-ii'  r. 

*  15.  We  caiiLC!  fr-ttrrr.  z  f3c4jl!  •\js\  xite 
fcregoiog  VJtiKzzi^z:*.  or'  zt'^tuI.'.*:^  v'.,x  \^,  y\. 
BDttod  it  jcM  Iv  vjr  c'.-'j:.*..-;.  :;i*:c  U  V&fTt^ 
ind  also  thiT  aa  eqi*'  r»?r^^r. •>•■'.:.,  r.-r  t/^^ 
«cnal  and  -mrrxil  su^ss*.  *v..'i  ^•rjyj  /-.rs*- 
dialety  t>  ??<*-•*•  s  L:j»~  '  I:  f*:iifc'.-  w  yr'jrt 
thai  the  cifSc-Jfes*  -a.-^  u  f.^r*:  vjr.r,  « 
teheme  a*e  TL^t'lytiA  '.-.ji^fr.'.i.  .rrr»:.t;'.r:i 
of  inter*  •■.«'3  :r*- 

tioBS  ^tSy.  »*  Ifc-g^  '-?  » if  rri  i  •..;  , '  >►<  :  i  v: 
€onsa4er  tiA  »••'.•••  ■»*"t'.':  i*  r.->?  •:-.>^'-.'-t.'c".. 
Avid^d  :-•-:  ».:«^*..»-    .-    ir  •■•    -V  •   «  :•:••- 

ar^   ?'.f   *'i*-:"-/ r   •^••.••^■•••'".i'-''»    »•:?<- 
dnidtfi  :iv.  ir^crjiii.    :••*— vi-:-  ;'^.  t.  •.•i/  / 

'  17.  ,'.  J:*p  "-i  •:u-  ■  :   Vi'".    -.«•  ■  .-v.  •  •  : 
f  recrrier -.ic  .  •    -n:    i»'        •..»    ...•.•:'•'.:»'. 
»  wr-5iii»"»-  fcu:   ••'•■-^    -M  •    •--.  .,^',  ".•,   i 
»,'ie  j*5i»»-»?:  r:  i-i*  j-ir    •   a  vti—  •.» 

*'^"  Lft  0't'^«  mte*  E^t  tin  -•'X*  u  v.»» 
*•  i*iAi»  sm£»-.  ju:  tut  -"irtw  ii» 


bers  of  houses ;— either  of  thrHe  inetlKuU 
would  prevent  that  source  of  riul,  thi<  pnulim 
of  voting  in  iHirty  groups. 

<*  19^.  The  truth  of  entry  of  rvf  ry  iinlividuul 
vote  in  each  parish  woirid  caMily  \m  e xiiiuinril, 
and  the  totals  of  the  ncvcriil  pitrislirN  m  tavU 
district  so  easily  collertcd,  thiit  wr  M-niplo 
not  to  assert,  a  fj^ncnil  elertiun  ini^lit  l»c  de- 
cided, with  indisputable  certaiiity,  in  twcl^u 
hours. 

**  20.  In  saying  the  whole  islnnd  should  bo 
considered  as  one  corporation,  wi*  do  nut 
wi«h  to  be  understorKl  as  rcouinmeiidinK  that 
districts  should  choose  their  reprf:«ienUitiveN 
from  distant  parts.  On  the  contrary,  wo 
think  tlie  repre^icntative  should  always  be  a 
resident  of  the  district,  as  lii^  chatarUtr  woukl 
be  be tl«*r  known  to  his  conslitnenf  n.  I  learsiy 
characters  are  seldom  any  otlie r  than  the  bla* 
xonings  of  faction. 

<'^l.  It  ips  indispensable  to  good  fpiVtsra^ 
ment,  that  representatives  stiouln  b«  \m.Ui  for 
their  service  to  tlie  public.  1'he  want  uftifttn 
and  honourable  reward,  retards  tho  f  xerti^ii 
of  laudable  character f»,  and  Mibjert4  the  na- 
tion to  the  fraudulent  and  delusive  prai^tices 
of  mock  patriots. 

<'  29.  To  those  wlio  are  c^mvinced  of  tlie 

Kropiiety  of  the  foregoing  idcai^,  stii']  only  ask, 
ow  shall  we  attain  tlie  prsu^tice  of  IhriMii  f  w« 
answer,  Auoemle.  By  lodoins;,  you  wiit  bet- 
ter correct  and  strengthen  each  otli^r's  opi- 
nions on  tlie  subject  m  liberty,  and  evisntually 
abash  the  tools  of  corrupt  inflijerf.A  and  law- 
less power— ^•ff'T'.'tt  wfifch  ar<t  tuA  to  l^e  #ti- 
pected  from  tlie  va:^«f«;  and  de\u!t//ry  ex/rrtii'itf 
of  i.'iidivMliial  r,pinion«. 
j  "  Having  \kji\  kUvA  wlrtl  we  '//f*r^/f<  V/ 
M  •f.t  Mr/tJ:o«n*x  of  l\tt  v*'.i«rl7,  t»*  f'-'//ii*^ 

'  f3'*:.»,  r/At*,Mir:f  k.\  li^atTr/  *.*.  *^j7it*.t,^:d  of 
•..'ii'lT  ;.',•?/. ?/*f?»  W:t*.  i-Vl  t'.U  t*^*:   r/«v';*y.i&^ 

'  ZTAiTA  'A  .»%  4*i»sn  *>  t^^^y's  K,  'HA  tJf*4^n  - 
Iff.    O/      /lKI.f//Alf>,     'JfA     *$JM:f 


u'j- 1*-;  i.'-i..  '^  :--':«v'-«fS    '.■;  t  ■•>•■••  U;%   »'v, 

x'.t      *    .-••-    '.^jV*.-^    '.V   t'j»    '.  •»  * iV*  •     %•  •  ••  V 

t>.  t  "ivv.  *>-  v'  v.':'.  M\r..i»':'      v.    »»•-  M**.;'.'.  v«i 

-i»-      r    Vi«   ".t'-t.:.*    'O'.'f    '.'    V.»»    '••'  ••■•       «:ii'. 
V.    .:••   J»^.ijr«:t»- 

•  t»;»l     J-U/*!'.*,      ir:  »      I.       Hf' f.':.     ir'     ..'»       »  '.i      ». 

••  J^-^i'.u:  l-*»r  ;•.',:     V'.C    c*?    *»'fc   va«-  %»"»•.  v* 


579] 


35  GEORGE  IlL 


Trial  of  Thomas  Unrdy 


[5S0 


}that  hit  gernral  chiracier  ii  tuch  M  »iU  not 
i  b€  diigra(€ful  tt>  this  tociet^  f 

**  3.  If  ihe  proposer  shill  answer  the  fon- 

foing  question  in  ihe  alBrinative,  the  presi- 
ent  shall  demand  of  IJie  division,  whether 
f'Mny  member  has  any  objection  to  the  cmndi- 
►date.  ^ 

**  4.  Ifno  objection  salisfactory  to  the  di- 
^Tinion  shall  be  made,  the  president  »haJl  put 
•  the  following  questions  to  tne  candidate : 

**  Are  you  convinced  that  evtry  man  who  has 

ftained  to  years  of  discretion^  is  in  potscuion 

9^  his  reason,  and  not  (Usqualifitd  bt^  crimtt^ 

\vyght  to  have  a  vote  for  a  rcpftscntative,  and 

t  not  more  than  one  vote  ¥ 

**  Are  vou  convinced  th4xi  the  reprttentati&m 
imtght  to  w  divided  as  nearly  as  possible  in  prO' 
^portion  to  the  number  of  electors  f 

^  Are  you  convinced  that  the  election  of  re- 
I  prestntatives  of  the  people  ought  to  be  annual? 

"  Will  you,  by  all  justifiable  tneam,  entlea^ 
*»ur  to  promote  a  reform  in  the  parliament 
iif^  thii  cvunin/f  ogreeahle  to  the  principles 
hmhieh  you  have  fww  professed  f 

,    *'  6.  No  member  shall  be  allowed  to  stilc 
limseir.  Of  any  other»  by  any  parly  name, 
,%hether  intended  to  convey  respect  or  diiie- 
>ect* 

*  7*  All  political  appellations  which  do  not 

their  immediate  interpretation  convey  an 

lidea  of  political  sentiment  or  situation,  are 

ty  names.    The    following   do    not    fall 

fder  this  objection,  as  will  api>ear  by  Uieir 

pfanations : 

**  Republicant — One  who  wishes  to  promote 
Kibe  Eooeral  welfare  of  his  country. 

jDmmferatf'^A  supporter  of  ti^  rights  and 
i^wer  of  the  people. 

}    *'  Ariitocrat^ — One  who  wishes  to  promote 

L'tiio  interest  of  a  few  at  the  expense  of  many. 

**  Royalist^ — Among  the  ignorant  part  of 

nankindf  signifies,  a  person  attached  to  regal 

overnment:   among  artful  courtiers,  it  is  a 

^▼eil  ibr  their  own  aristocracy 

Lpyalitt,^A  supporter  of  the  constitution 
*  his  country. 

'*  Ci/ucii,— The  ancient  appellation  giveo 
f<0  the  members  of  free  stales. 

=  Subject^ — can  only  with  propriety  be  ap- 
[plied  to  a  member  of  a  stale,  whose  goverrir 
Ltnent  has  been  instituted  by  foreign  conquest, 
'  the  prevalence  of  a  domestic  faction. 

^*^  SECTION  It  ^  The  Orgmiiation  and 
Power  of  a  Division. 

**  1.  Each  division  shall  meet  once  In  a 
jreck,  or  any  evening  in   the  week,  eicepi 
KThursday  and  Sunday. 
Y    **  H,  l  he  hour  and  place  of  meeting  shall 
|l>e  at  the  convenience  of  each  diviMon,  but 
ausl  be  announced  to  the  constituted  bodies. 
"  3,  Each  division  shall  elect  from  its  own 
^li\emher«,  a  president,  vice-president,  secre< 
I         iai-y,  assistant  secretary,  delegate  and  sub-de- 
i         legate. 
I  «^  4.  Each  diviaioQ  shall  be  fwoished  with 

k . 


three  books  (yii.)  oi»«  to  bear  the  nimibfi  of 
the  division^'^a  similar  tK>ok,  to  be  called  the 
super Dutnerary  book  of  the  same  division,— 
^  and  a  tliird  for  entering  minutet. 

'*  5,  No  division  book  shall  contain  more 
than  :]0  elective  names ; — subject  to  variation 
as  hereafter  mentioned* 

**  6.  JVl  embers  admitted  after  thedkviii«ii 
shall  amount  to  30,  shall  be  entered  i&  ihe 
supernumerary-book,  but  not  before. 

"7.  As  soon  as  the  members  entered  in 
i\\e  supemumerarv-book,  shall  amount  to  1<>, 
the^  snail  be  entitled  to  a  number  as  a  cew 
divii^ion  :  the}'  sliall  determine  the  time  and 
place  of  their  future  nv  they  shall  it- 

calve  a  superntunerar\  la  minult- 

book,  and  a  new  supernumtrarv  book  shall  be 
delivered  to  the  original  divisioo. 

''  8.  Members  entered  in  any  suptmum^ 
rary-book  while  less  than  16,  sluiU  b«eQliliid 
to  vote,  and,  in  every  respect,  be  considertd 
as  members  of  the  division  to  whick  such 
supernumerary<book  shall  belong;. 

**  9.  No  new  member  shall  have  a  v«te  th» 
same  sitting,  in  which  he  is  admitted;  nor 
transferred  member  the  same  ailtbg  in  which 
he  is  transferred. 

**  IQ,  Each  ciivision  shall  be  allowed  ooe 
fthilling  and  sixpence  per  week  for  rejit,  fm- 
niture,  &c. 

"It.  Every  member  stialt  have  liberty  to 
introduce  one  stranger,  provided  soch  mem* 
ber  shall  answer  that  the  sentiments  of  the 
stranger  are  similar  to  ours,  and  '^-  r.ie 
stranger  shall  not  be  introduced  :u 

twice,  except  for  lije  purpose  of  au,  .  ,** 

a  member. 

**  23-  In  cas»e  of  persecution,  and  Uiat  the 
means  provided  by  the  Vllth,  Vllltli,  aod 
IXth  sections  of  Uiis  constitution,  should  ncyt 
produce  the  efiect  of  re-establishing  a  reprt- 
beniative  body  ol*  this  society  for  two  weeks 
successively,  every  division  shall  have  pewtr 
to  elect  four  persons,  whose  powers  shiiU  be 
the  same  as  the  four  ofBcexs  of  the  couumil^ 
of  deleg:ites, 

,  "  *t.  The  sole  object  of  those  foiir  [ 
shall  be  the  re-establishment  of  the  rept 
tativc  body,  and  they  shall  sepoft  pfo^rcas 
weekly,  and  be  weekly  subject  to  revo^tioik 

Mr  Attorney  G eneral. -^li  then  goes  on  to 
state  the  mode  of  election  ;  the  duty  oi  the 
president  and  vice-president ;  of  the  secretly 
and  assistant-secretary;  the  delegates  and 
sub-delegates.  It  then  states  the  committee 
of  delegates.  Read  the  hrst  four  articles  ol 
that  section,  and  the  Uth  and  ^Ist, 

«  SECTION  Vil^The  Committee  of  D^ 
gates. 

''  1,  The  committee  of  delegates  is  the  re- 
presentative and  legislative  bony  of  this  so- 
ciety. 

**■  2.  Their  duty  is  indivisible,  and  the  rt- 
prcseatauon   shall  not  be  impiuted  hy  mj 


561]    ^^^M         for  High  Tnason, 

moiot  ^her  of  ihcmselves   collec* 

^"^y,  ui  .   Jther  coDstitulcd  body,  which 

f  iiibject  the  members  theneof  to  be  ab- 
t  frotn  Iheir  meeting,  or  to  be  parlies  con* 
Bed  in  gt3y  subject  iinder  their  discussion. 
''5.  Not  le»^  than  three  fourths  of  their 
ole  II  ^lall  be  a  quorum,  except  in 

ctneot;  u. 

*^  4,  t  nerr  simll  be  no  disparity  or  dissimi- 
litude t)etwccn  the  members,  by  office*  of 
proftldeccy,  or  secretaryship* 

*  14.  llie  duty  of  the  commiltce  of  dele- 
gates i%  to  direct  tlic  conckict  of  the  executive 
power*  in  all  matters  which  do  not  require 
i«occy  or  expedition. 

**  f  i.  If  the  executive  powers,  for  the  pur- 
af  obtaioing  tlieir  approbatioDf    shall 
^^jcttc  any  thing  which  a  majority  of 
lies  shall  approve  as  necessary  to  be 
J  done  ;    the  whole  committee  of  dele* 
{lt«t  are  bound  to  secrecy, 

*•  SECTION  Vni—Thc  Select  Committee. 

^  B^  No  member  of  tliis  committee  shall 
bi  admitted  until  he  lias  answered  in  the  af* 
finnairre,  tlie  following  question,  which  Hball 
be  |piil  try  iho  ofBcers  of  the  committee  of  dc* 

**  D^  ^u  prmnitf,  that  you  will  not  relin' 
fwiak  lie  autwn  mhkhyou  art  abuut  to  take  in 
tocUtff  on  atc0unt  of  any  penecutwn 
'i  map  b<  brought  on  it.  Tkat^ou  ^ill  per' 
;  »it  wtHing  the  teiect  commUtte,  and  to 
lif  atmoiii^  your  pouer^  encourage  evcrt^  other 
mm^^ this  society,  to/utfit  the  duty  qf  his 
r  Nation  K 


«  THEIR  OFFICE  IS, 

**  I.  Freparatory  as  they  may  be  directed, 
eObct  eoUcctiveiy,  partially,  or  individujillyf 
Ijylhe  committee  of  delegates^or  llie  cinmtih 

"  t«  Eeferenliai  as  to  any  matter  adopted 
ky  the  aitrimiliec  i»f  d<  k  calcs,  or  the  council, 
flf  ty  b  '  improper, 

"  3.  1^  of  this  so- 

tir>  J,  priuted,  undergo 

Ik : 

**  4.  Que  Hard  ot  their  whole  number  shall 
be  a  quorum. 

TION  IX.^The  CifuncU. 

i.  .^M»>^  b«  composed  of  one  treasurer^ 
Btpai  secretary,  and  not  less  tlian  four 
L  lecittartea. 

**«.  Tlir  pnnriuii]  secretary'  ahaU  record 

all  made  by  this  aodety^ 

iriji  ■  >  y.       y  ^auuiolly. 

*  19«  Etety  member  of  the  council  flhall 
W  mily  iiei|iait»tMl  with  every  tmusaction  of 
Ikli  nooietTi  lKiwrv4^r  ^cttt. 

-    .         ]'  M.,:..    ,:  ,..:.;il   shtU 

hx-  -f  every 


A.  0,  17M. 

whicli  list  he  shall  deposit  to  the  best  of  hii 
judgment,  in  a  place  of  safety. 

«  SECTION  XL^Of  Accusation  and  TriaL! 

"  1.    If  any  member  shall  think  smot] 
unworthy  of  being  a  oiembcr  of  this  !^r3net7»^ 
or  that  tie  has  acted  in  anyiJegree  hi: 
he  shall  offer  his  accusation  in  writi  -  .  1 , 

by  himself,  in  the  division  of  which  the  a^J 
cuscd  is  a  member. 

"  9.  Every  accusation  shall  state  the  l^wi 
on  which  it  is  grounded* 

**  3,  If  the  decision  of  the  division  shall  \mi 
in  favour  of  the  accused,  the  trial  shall  go  noJ 
farther;  if  not,  the  accuser  shall  give  a  state^^ 
roent  of  the  case,  in  writing,  to  the  delegatsJ 
of  his  own  division,  to  be  bid  before  the  coin-^ 
mittee  of  delegates. 

**4.  No  vote  or  resolution,  touching  any] 
matter  of  accusation,  shall  pass  in  any  divi*i 
sion,  except  that  of  the  accused  (as  mentionedd 
in  the  last  article)^  nor  m  any  of  the  consli*? 
tuted  bodies. 

**  5.    The   delegates  having   received  thi 
case,  shall  elect  four  persons,  not  of  their  ownl 
body,  nor  of  the  division,  or  divisions  con- 1 
cerned,  to  act  as  president,  secretary,  vice 
president,  and  assistant-secretary  in  the 
suing  trial. 

"  6,  They  shaU  also  issue  nodtes  to  each 
division,  except  those  of  which  the  accuser  orll 
accused  are  members ;    mentioning  the  time  < 
and  place  of  trial,  and  the  four  perbons  whon 
they  have  appointed  to  superintend  it,  and 
requiring  each  of  them^  to  return  one  jury-ii 
man. 

"  7.  Each  division  shall  return,  of  its  own 
members,  one  juryman,  by  lot;  but  none  of  j 
the  four  persons  appointed  to  superintend  thct^ 
trial,  nor  any  member  of  any  constituted  body^ 
shall  be  returnable.  i 

*' 8.  Every  juryman  so  drawn,  and  failing 
to  attend  at  the  appointed  timo.  slj<n  forfeit, 
two  shillings  and  sixpence,  cxr  e  o{\\ 

sickness  ;  as  shall  also  each  sui  iut. 

*^  9.  The  superintendants  shall,  by  lut,take 
twelve  names  out  of  the  whole  number  pre* 
sent,  who  shall  be  the  jury  for  that  trial,  un* 
less  the  accused  object,  which  he  may  do  to 
four  of  them,  but  not  more. 

*'  10.  The  accuser  and  accused  shall  cadt 
be  allowed  one  assistant,  at  their  own  choice. 

'Ml.  The  president  shall  read  the  accusa-^  ] 
lion,  and  call  ou  the  accuser  to  produce  hii 
evidence. 

**  12.  The  evidence  on  the  part  of  the  ac-j  J 
cuser  being  closed,  the  accused  may  call  his* 
evidence.  » 

**  13.  During  the  time  each  witness  is^v- 
ing  his  evidence,  he  may  be  cross-examined,  i 
by  the  jury,  the  president,  the  accuiied»  thttr  ] 
accuser,  or  either  uf  tlitir  assistants,  /] 

*•  1 4.  The  evidence  being  clowfd,  the  ac- 
cused and  his  assistant  shall  be  allowed  t» 
comment  on  it,  and  make  his  defenre ;  but 
the  cross-examination  shall  be  deemed  tu&* 
#ejit  ou  the  part  of  the  accunvr. 


683] 


35  GEORGE' III. 


Trial  of  Thontat  Hafiy 


[5M 


J  ^^  15.  If  iTie  president  sball  tliii^  |*r^l*''i 
he  may  recapiLuiale  the  principal  pomta  of 
the  evidence*,  and  comment  on  them 

*'  16.  The  jury  shall  ^ve  Iheir  verdict  in 
writutg,  Ki^iied  by  aU  their  iiames, 

. "  IT.  inUe  jury  shaU  not  within  two  hours 
^ree,  that  tht:  acc;iis«d  is  guilty  he  ^ball  b€ 
]ict]uitted. 

- "  18,  The  is&iie  of  the  trial  shall  be  report- 
ed to  tlie  committee  of  delegates,  and  by 
them  to  the  diFiiioBB* 

Juna  Rkkfnan  sworn, —  EicamiDed  by  Mr, 
Bower. 

'  You  are  the  wife  of  Thomas  ClioIlickTnap? 
*— '1  am. 

What  trade  is  your  husband  f — A  book- 
seller. 

'  l^ok  at  those  books,  and  see  whom  they  ap- 
pear hi  be  iirioted  by  [Shownig  the  witness 
Qr  copy  uf  the  V^gQ  und  of  the  bii i all  edition  cif 
the  8e€ond  Part  of  the  Bjghts  of  Man,  and 
the  Letter  tci  the  Addrest^crs.]  ? — They  are 
printed  Jbr  my  husband. 

Do  you  kn«w  Mr.  1  hpiwas  Paine?— Yes. 

During  the  Ume  Ihiit  those  books  were 
printings  where  did  Mr*  Paine  lodgic  ? — ^I  be- 
lieve he  was  gone  out  of  FjngJaiid  wheij  they 
were  urinied,— I  fancy  w» 

Did  he  ever  ks^ge^  at  aoy  time,  at  your 
]iiUsbaiid*&?--Yes* 

About  what  time  was  it  he  lodged  at  your 
hu»band*s  ?'^rrom  June  to  September,  1792. 

Did  you  ever  see  any  of  the  sheets  of  that 
^ork  while  the  printing  was  going  on  ? — Ye$, 
X  have, 

Whc^re  did  you  see  them  ? — At  our  house. 

Your  hnsbaud  printed  ihem  ?— No^he  does 
dot  print. 

They  were  brought  to  your  house  as  they 
were  printed  ofl?— I  cmnnot  say  I  gaw  them 


one^  T  believe,  did  not  make"  tks  appeafafooe ; 
but  some  of  the  proof-sheets  I  had  seen  be- 
fore he  went  away;  but  it  was  not  published 

before  he  leii  l^lnglaod. 

Jcnc  Rkktmn   cross-€xamined  by    Mr^ 

Do  you  mean  to  swear  that  these  are  two 
of  t tie  ver}' books  that  were  printed  for  Sy- 
mond^  and  vour  husband  ? — I'o  the  best  of 
my  knowktlge. 

Can  you  take  upon  you  to  swear  that  these 
are  part  of  the  copies  ajctnally  printed  for  hira, 
or  may  they  not  have  been  rrmted  by  wome^ 
body  else,  and  be  extremely  like  them  ?  You 
have  never  read  the  book  li\ rough,  so  a^  to  be 
able  to  say  that  it  is  the  same  You  only  see 
that  this  is  intituled  *■  A  Letter  addressed  to 
the  Addressers  i"  but  there  may  be  news  in 
it,  for  any  thing  you  know  I — I  know  nothing 
about  what  it  contains. 

Kor  do  jou  know  it  by  thetypc^  the  papeTf 
or  any  thiu^  about  it  ^ — 1  never  gaw  it  lilt  it 
was  m  th^i  stale.  This  pamphlet  has  my 
hand -writing  upon  tl. 

Mr,  Attaruey  fjefierfl^,^-From  wboni  had 
you  those  hooks?— They  were  sent  to  me 
irom,  1  fiuppu^se^  Mr-  Johnson. 

JVIr.  Eri^kiuf.. — I  submit  to  your  k>nlihip^ 
that  this  evidence  is  not  !»uJBcienl  to  entitle 
them  to  jead  thei^  paimphtet«.  I  re^uire^  aod 
I  ask  no  niore^  that  whenever  it  relnies  to  this 
society  or  that,  no  matterwhatbfyjifigitmay 
have  upon  the  isstie  of  the  cause,  ttaat  they 
should  he  fined  by  the  sameevtdenceaswoald 
be  necessary  if  they  were  tried  for  the  publi- 
cation of  a  iibeh^l  am  ^ure  the  attorney^ge* 
neral  will  not  propose  to  have  a  looser  proof 
in  the  <;ase  of  high  Ireaaon^  than  ii%  a  misdfy 
'  rneymur, 

Mr,  Attorney  Gentral. — I   have  civen  no 


>rThftt  I  Helper  kqi^m  tul  wbai  1  tieajt)  £n>m 

ri»Qtxvc^  p-.r>^    v/e  uitderstdDi))  lodged  at 

ot  . ! !  \  of  the  sheets  of  those 

A  as  going  on  ? — No, 
*  ^-oifiz  on. 
«|  vheets,  before  tlie  work 

_     lu  voii? — Never. 
^  Look  at  Uicm,  and  tell  us,  whether  either 
fjtbcip  ^^r^  the  books  ihmt  jrou  printed  f-^l 
[»i      i         IK'  books  at  &1L 

aih  them  ?— My  OQine  was  put 

Bid  you  ever  mU  an^  of  them?— Yes^ 

I  did  you  sell  any  of  those  hooks? 
r. — Do  you  think  that  is  evidence  ? 
ran  to  moot  the  question. 

-WlinvH  I  nnd- writing  is  it  upon 

py  f  r  lU-wriling,  I  bcheTe. 

Aif  I  /^— In  the  tourse  of 

ud  you  ever  know  of  any  other 

^  '*  Aa  Address  to    the    Ad- 

fii»e» — I  9m  sure  this  evidence  is 
ifect — no  man  could  be  ^ued  five 
on  such  evidence* 

11.^ — I  never  saw  an/  book  of  that 
lit  thii. 

tAtt^fnicy  <"         '  -^  *  r.  you  a  member 

^Coniititur.  -I  was* 

f'-'^v      -i>u  >uu  int.m  to  take  upon 

it  these  are  two  of  theidtnlkiil 

...^;  V.   , .  sent  to  yuu  for  sale? — 1  do  not. 

Mr*  iViicinj.— They  may   be  exactly  like 

ft  Uke  iheio,  ^id  yet  be  printed  by 

I  there  any  thing  in  llie  paper,  or 

'  that  can  enable  you  to  swear  to 

-No.     I  kajow  nothing  about  printing. 

Attorney    Otncrat, — X^  should  like   to 

'^  Locke's  Essay  upon 

auaii  [lerwise:  Is  that  the 

ok  you  told  at  vour  >hop  as  an  Address  to 

AddreMor^,  when  such  a  book  was  asked 

^fcr f— 'I  \\s  V        '      kind  of  book  as  this. 

Look  at  r  of  the  book  ? 

Mr    y-  — »vill  your  lordship  allow  a 

\  a  book  to  which  he  cannot 

veai^ c.  to  prove  tl^at  that  is  the  iden- 

fical  Uiok  ? 

I/jf*!  (Ijir-f  Tiii.tiri'   Fi^re.— It  is  not  likely 

ledge  enough  of  the 

r*''  >  I  I   !  LI  thequesuon;  but 

\  satisfy  us  that  he  knew  that  this 

Wned  the  identical  words  that  were 

\  the  bftciks  Miat  were  commonly  published 
Bjj^  thut  title,  to  this  purpose  perhaps  it 
""*^^1  be  evidence. 

,   Krt^mr.^r-Not  having  the    original 

^  brr«\  1        '  i     !     I  rroiitted  to  say,  I  do 

Ol  bhos  I :  k » but  I  bring  a  <ii\^y  ? 

bof^  I  '  ..  c, — If  wc  could  be 

»re  It  w  of  the  same  book  it 

y  ptMild  be  lUv  — iik^  «,3  *Ue  original;  lliey  are 

I  COflf  s. 

dAlmmm^  OeiWi/.^Suppose  the  Con- 


A.  D;  Vm. 

StitmionalSoc;r'  r  '^  '  *  ^  ke's  Essay 
upon  the  Hu  ,  how  is  it 

posbtblf:  t£»  idtMMkv  u*a4  uu\jrv  » iLhout  Calling 
the  bookseller  to  prove  that  that  is  the  book 
which  Im  ^'11.  (or  T^cke's  Esiay  on  the 
Buman  t 

Lord  t  L  .yre,~-A5  that  wou 

refer  merely  to  ttie  contents  of  the  book^  j 
would  he  very  good  evidence  of  the  content 

Mr.  Aitorne:*^  Gther&L^Tbih  is  what  I 
asking  to. 

Lord  Chief  Jubtice  £vr<f.— You  certain 
are,  but  whether  he  goes  to  the  length  of  I 
is  ihequfstiun, 

Mt.  Atlotrtfii/  Genetui. — Is  that  the 
you  V      ' '  "  v    ^  ihe  Address  to  th 

Add  I'aine  ? 

J^omI  ^-4nm  juau^-t  ijwre, — But  did  ti«  ever 
read  it  ? 

Mr.  Attwm\t  Gentrat. — ^I   woiiUl   ""*    '^ 
the  question,  unless  I  wob  very  Wf 
accorUuijj  to  njy  uifonnalion,  of  v  i  _L  uus 
led^e  this  witness  has  of  it. 

Lord  Chief  Justice  Eyre. — Go  on  in  y<i 
own  tuursi. 

Mr»  jhtornr^  GeneroL — ^Do  you  know 
content!*  of  ii  f — I  have  read  the  book. 

Look  and  sne^  whether  by  the  contents  I 
it  that  is  the  book  you  would  sell  ai  th^ 
Address  to  the  Addren^sers,  by  Thonius  Pakiey 
if  you  had  be^u  asked  by  fur 

Paine's  Address  to  the  A(M  ut 

any  expUiuation  ?— I  should  *:tJUMm>  ^lii  luia 
book  na  the  Letter  to  tlie  Addressers  because 
it  is  so  entitled. 

Look  at  tlie  cotttents  of  it ;  I  will  have  i 
answer  to  this  if  I  make  you  rciid  it  Ihrougja 
— I  have  certainly  read  the  Letter  lo  the 
dressers. 

Look  at  the  contents  of  the  book  in  yo 
hand>  and  see  if  the  contents  are  the  same  < 
the  Letter  to  the  Addre.s&ers  which  you  i 
^-I  have  no  doubt  of  its  being  the  same. 

lij  it  not  ffuiu  the  contents  that  you  haij 
no  doubt } — No,  1  confess  it  is  from  tlie  con 
pie X ion  of  the  book  itself. 

You  have  been  lold  to  look  at  the  conten 
now  look  at  the  contents. — I  have  looked  i 
them. 

Then  have  you  any  doubt  that  that  is 
Letter  lo  the  Addressers?— Certainly,  X  la 
no  doubt. 

I'hcmat  Ciio  Rickman  —  crosft-examined 

Is  the  reason  why  you  have  no  doubt  from 
the  general  appearance  of  the  book,  or  have 
you  no  doubt  becau6e  you  have  satisfied  your 
understanding*  by  comparing  thai  book  with 
the  recollection  you  have  of  the  former,  having 
a  perfect  recollection  of  every  sentence  in  lite 
former  ?— Not  of  every  sentence. 

1  hen  could  you  iJike  Upon  you  to  fweaft 
that  it  is  eiaotiy  the  same,  word  by  word*  and 
letter  by  letter  r<— I  iiave  not  sworn  that, 

Mr.  'Attor^ity  Gintral,  —  Have  you  any 
do ub  t  tlmt  it  is \he  tame  F—  1  have  noL  ' 


587^         35  GEORGE  IIL 

Mr.  Attorney  Gtfiiera/.— Piit  it  ioto  the 
bauds  of  Mrs.  Kickniftn.  Did  ruA  you  put 
tliem  in  the  shop,  and  maiic  them  as  books 
ta  be  sold  f  | 

Mrs.  RicANum.— I  put  ray  -name  on  them. 

Lord  Chief  Justice  JSyre.— When?  — On 
giviuglhem  to  Mr.  White. 

Lora  Chief  Justice  JSyre.— In  your  shop  ?— 
No. 

Mr.  Attorney  General, — ^You  had  them  in 
your  shop  as  books  to  sell } — I  had. 

Mr.  Ertkint. — ^I  understand  the  Court  to  be 
of  opinion  indeed  E  am  not  at  all  disposed  to 
argue  it)  that  this  book  must  be  taken,  at 
present,  to  be  the  Letter  addressed  to  the 
Addressers,  upon  the  Proclamation,  by 
Thomas  Faine.  What  I  wish  to  know,  is, 
how  it  is  profwsed  to  make  this  taking  it  to 
be  the  book  it  is  alleged  to  be,  evidence  m  this 
cutse.  I  perfectly  understand  why  the  Riehts 
or  M«n  were  stated  to  be  so,  because  those 
whom  this  prosecution  proposes  to  implicate 
•n  certain  acts— the  Corresponding  Society, 
haTins  come  to  a  resolution  to  circulate  it, 
therefore  it  was  fair  evidence. 

Lord  Chief  Justice  JSyn-.— You  had  better 
hear  how  they  propose  to  make  it  evidence. 

Mr.  Ertkinr. — ^1  unders>tand  that  there  b 
110  evidence  yet  before  the  Court  of  any  reso- 
liitron  of  either  of  the  societies  to  circulate 
this  book,  or  to  recommend  it  to  reading. 

Mr.  Attorney  Genera/.— Your  lordship  will 

E've  me  leave  to  observe,  that  Mr.  Paine  has 
!en  proved  to  be  the  author  of  the  First  Part 
of  the  Rights  of  Man ;  the  Second  Part  of  the 
Rights  of  Man— the  Ixtter  to  the  French 
nation;  and  I  believe  (though  I  am  not 
accurate  about  that,  because  I  was  not  in 
court  yesterday  morning)  a  letter  to  Mr. 
Dundas. — Mr.  Paine  is  proved  to  be  also  a 
member  of  the  Constitutional  Society;  Mr. 
Rickman,  the  witness,  the  person  in  whose 
hands  this  work  was,  in  order  to  be  sold,  Ls 
also  proved  to  be  a  member  of  the  Constitu- 
tional Society.  Now,  under  these  circum- 
sUnces,  I  submit  to  the  Court,  that  Mr.  Paine 
and  Mr.  Rickman  being  both  of  them 
members  of  the  Constitutional  Society,  what 
one  writes  for  publication,  and  the  other  pub- 
lishes, is  evidence  aflcr  what  has  been  already 
sUted. 

Lord  Chief  Justice  Kyre^ — I  cannot  myself, 
ImagiDe  that  tliosc  facts,  which  are  bo  pericctly 
distinct  from  the  particular  subject  uf  this 
indictment,  can  possibly  implicate  them  so  as 
to  make  their  publications  evidence  m  this 
cause. 

Mr.  Attorney  Generfl/.— Then  we  will  make 
it  evidence  in  a  moment,  because  I  shall  now 
produce  to  your  lordship^t  a  resolution  iu  the 
book  of  the  society,  for  printing  part  of  this 
in  the  Argus,  and  then  I  shall  read  that  part 
which  is  printed  in  the  Argus. 

Lord  Chief  Justice  JEyre.— You  might  read 
the  whole,  and  then  prove  a  resolution  of  the 
society  for  printbe  a  part^  beouise  that  proves 
them  cognizaot  ofit,  baving  selected  i  part. 


Trid  gT  Zlomtfr  Hm^ 


[588 


Mr.  Ergkine.^Al  taaj  shoir  a  know^edge^ 

but  does  not  show  an  approbation } 
Lord  Ghief  Justice  iSyre.— Certainly  not 
Mr.  Attorney  General* — I  will  not  trouble 

your  lordsliip  with  this  any  farther. 

Mr.  CunulL^l  found  these  papers  in  Mr. 
Hardy's  bouse. 

[They  were  read.] 

'<  Fellow  Citizen;— The  bare-fsced aristo- 
cracy of  the  present  administration,  has  made 
it  necessary  that  we  should  be  prepared  to 
act  on  the  defensive  against  any  attack  thcgr  • 
mav  command  their  newly^rmed  minions  to 
make  upon  us.— A  plan  has  been  hit  upon,  and  - 
if  encouraged  sufficiently,  will,  no  doubt,  have 
theefiectoTfurnishine  aquantity  of  pik^  to  the 
patriots  great  enough  to  make  them  fbrmida- 
ole.  The  blades  are  made  of  steel,  tempered 
and  polished  after  an  approved  form.  Th^ 
may  be  fized  into  any  shaf U  (but/r  ones  are 
recommended)  of  the  girt  of  the  accompany- 
ing hoops  at  the  top  end,  and  about  an  inch 
more  at  the  bottom. 

^  The  blades  and  hoops  (more  than  which 
cannot  properly  be  sent  to  any  great  distance) 
will  be  charged  one  shilling.  Money  to  be 
sent  with  the  orders. 

**  As  the  institution  is  in  its  infancy,  imme- 
diate  encouragement  is  necessary. 

^  Orders  may  be  sent  to  the  ucretmry  of  the  * 
Sheffield  ConUUutional  Society.    [Struck  on/.] 

"   RlCHABD  DaVISOM. 

**  Sheffield,  April  S4,  1794. 

'*  To  prevent  post  suspicion,  direct  to  Mr. 
Robert  Moody,  joiner,  Cheney-square,  Shef- 
•'  field.    Please  to  forward  the  inclosed." 
j      Addressed,  "  Citizen  Hardy, 

No.  9,  Piccadilly,  London." 

I  [The  folk>wing  Letter  was  inclosed  in  the  last.] 

*'  Fellow  Citizen; — The  barefaced  aristo- 
cracy of  the  present  administration,  has  made 
it  necessary  to  prepare  to  act  upon  the  defen- 
sive, in  case  of  any  attack  upon  the  patriots : 
a  plan  has  been  formed  for  carrvmc  into 
effect  this  necessary  business. — Pike  blades 
are  made,  with  hoops  for  tlie  shafb  to  fit  the 
top  ends :  the  bottom  ends  of  the  shafts  should 
be  about  an  inch  thicker,  and  fir  is  recom- 
mended for  the  shafts,  selected  bv  persons 
who  are  judges  of  wood.  The  blaaes  and 
hoops  will  be  sold  at  the  rate  of  one  shilling 
properly  tempered  and  polished.  The  money 
sent  with  the  orders. 

**  Richard  Davjsoit, 

"  Direct  to  Mr.  Kobert  Moody,  joiner^ 
Chcncy-squarc,  Sheffield,  to  prevent  the  post- 
master's suspicion." 

Addressed. — <*  To  the  Secretary  of 
the  Norwich  Patriotic  Society." 

Mr.  Aitomey  CeneraL — ^We  will  now  prove 
that  there  was  a  person  of  the  name  of  Wil- 
liam Cammage  coimecti^d  with  the  Sbeffiekl 


^^rHp 


ftasoimr 


ftl  Sockty ;  and  that  those  letters 
ire  ofbb  hand^^wnung. 

WiMsm  Ccffonoge  sworn.— Examined  by  Mr. 
Law. 

Wer«  you  a  rocmher  of  a  Society  for  Con* 
itiialioiMl  In  formation,  at  Sbeifield  f — Yea. 

When  did  you  fir^t  begin  to  he  such 
member  f — About  the  latter  end  of  the  year 

Otd  you  ever  act  as  secretary  to  that  aot  ici>  ? 


how  loog?—!  cannot  eaactly  tell  tho 
c  ;  j>cfliAp*  near  five  or  six  moalh?- 
hen  did  you  cease  to  act  in  that  c*n>acity  ? 
T^lioui  the  latter  end  of  April  or  May  of  the 
1»t  year. 

Did  you  in  that  character  write  letters  for 
the  society?-*  I  did  not— I  used  to  sign  the 
kttcrs. 

By  whom  was  the  business  of  that  society 
inanii^cd  * — I  cannot  speak  positively;  bydif- 
fi.  ii^, 

1  "orm   a  comtnitte4S?   or  in  what 

ether  »udi*iicr  did  they  conduct  the  businesa 
of  the  iiucicly  f^  -Ye5,  there  wa&  a  committee. 

Who  were  the  Icadinf^  persons  of  that 
cQBinnttf'i^  ? — t)nc  David  Martin  used  to 
»t;      '  ijjiuee,  John  A Icock,  George 

\^  w  Lodwin. 

-  /      It  will  be  necessary 
\r,  »  ourt  and  the  jury 

li>  »..4  _.i ,.  ..o„  luany  of  the  people 

btirn^v  of  that  number  of  twelve, 

that  ^»  Ttl  into  tlif-  Con^titnlional 

K  May  1793. 

^ons  amongst 
th  that  society,  what  was  tlie 

I:  i  the  time   when  you  first 

Ui  ui,  r  ? — A  parllamenrary  reform. 

hi  ;iue  to  be  their  professed  ob- 

/  lUcv  profess  any  other,  and  what 

v:  «is  the  latter  part  of  the  time  of 

)'  .locc   with  that  society? — That 

cc  be  their  object  during  my  secre- 

^ntinuc  to  communicate  with  that 

Ki  r'i'''f  nf  it  since  YOU  ceased  to 

I. 

■^itl  object  subsequeot 
t'  J  to  be  secretary, 

41  tie  with  tiiem  aa 

*  perly  to  that; 

i;  examined, 

<^  '^  be  Ujcit  dtlcgale  to 

t  »P— Ycf, 

:»erson  chosen  ?— Matthew 

I   •    . ;  L  - 

Lk*  »uij  jvuuw  wljethcr  Brown  weal  upon 
IbUdtir^Uooj^l  believe  he  did, 

I>oyou  kn"**-' ^>.'^(^'t^'-"-  '^^-^  "':i9  ever  taken 
iulo  ctnlodj 

l^cui  L  limt?  I  IP  waft 

'  1u 

ri'h 


Whir  —  -        -entto  bimfor?-To  cany  i 
him  1 

]jit.,      ,    v>,       J.^ i      viij, 

What  sum  of  money  ? — 1  took  him,  1  be- 
lieve, to  the  amount  often  pounds  trom  Shef- 
field; aod  I  called  at  Leeds,  and  took  him  ^ 
near  the  same  sum  from  Leeds* 

Did  you  carry  him  money  from  any  otbtr 
societies!— I  did  not. 

Do  you  know  huw  the  money  you  so  car^  | 
ried  him  was  collected  ?— -l  caunol  tell. 

Ont  of  the  Jury. — Did  you  go  to  Scotland 
with  this  money  ?--Ye9. 

Mr.  LflBf,— Did  you  tee  him  at  Edinburgh  >j 
— I  did- 

How  were  your  own  expenses  defrayed? — At  J 
the  expense  of  the  society. 

Whom  did  you  receive   the  money  ironie'- 
diately  from?— 1  believe  I  received  it  frooij 
the  h:iuds  of  Mr.  Gale. 

WTio  is  he  f— A  prmter  at  Sheffield, 

Was  he  a  member  of  the  Constitutional  So»^ 
ciely  tliere  ?— I  believe  he  was. 

Do  vou  remember  any  person  of  the  namo 
ofYorke  or  Redhead*  becoming  a  mrmber 
of  that  society,  before  you  gave  up  your  placo 
as  secretary  ?  — I  knew  one  Henry  lorke. 

Have  you  ever  known  him  by  any  other 
name? -'No. 

Do  you  know  where  Gale,  the  printer,  is 
now  ?— I  do  not  know  any  thing  concerning 
where  he  is. 

Has  he  ceased  to  be  seen  at  ShcfTieldf-^ 
Yes 

You  know  a  person  of  the  name  of  Yorkal 
-Yes. 

Have  you  known  him  before  or  sinee  by 
any  other  name  ?— No,  never. 

He  attended  the  meeting  of  this  society  ^«- 
Yes. 

Since  the  time  that  he  hccame  a  member 
of  the  society  at  ShefSeld,  did  he  attend  tho 
meeting  pretty  regularly  ? — No,  he  did  not. 

Did  he  take  any  active  part  in  the  proceed- 
ings of  the  meetings  when  he  did  attend  ?— 
He  used  to  exhort  sometimes  in  the  meetings 
when  he  did  attend. 

Do  you  recollect  the  subject  of  his  exhor- 
tations ? — No,  they  were  too  comphcattd  for 
me  at  present  to  recollect. 

Did  you  ever  h^u  him  mention  the  subject 
of  arms? — No»  never  in  public. 

What  were  the  means  that  he  recommended 
to  the  society  to  carry  into  effect  the  object* 
tbev  professed  to  be  desirous  of  attaining? — X 
pari j amen tary  reform. 

What  were  the  means  to  be  used  ? 

Lord  Chief  Justice  %rc,— How  was  that  \o 
be  brought  about?— By  petitioning  parLia* 
ment  first,  that  was  his  exhortation, 

Mr.  Law, — Wliat  was  the  not  meature, 
supposing  their  petition  reiected  I  what  wa* 
then  to  l^  doQ«  ?— I  neirer  n«ard  any  specific 
pUu  pointed  out  by  him* 


091] 


35  GEORGE  III. 


Triot  ^  fhemat-Hwrdy 


im 


Ko  Specific  plan  ?^Ko,  no  plan  potntetl  out 
by  bkii. 

You  &ai<]  he  did  tiot  in  public  ad^se  the  use 
of  arms;  what  have  ^ou  heard  him  advise 
upon  1  hut  subject  in  private? 

ftlr.  Ertkme. — What  he  advised  in  private  \ 

Lord  Chief  Justice  E^tre.—^ii  lie  vs  proved 
to  have  been  atany  of  the  Correbponding  So- 
cieties meetings. 

Mr.  Ersftiue,— ^But  wbat  a  man  aays  in 
private ! 

Mr.  Aitori\e^  GMtitral.—}^t  was  a  memWf 
^  of  the  Corresponding  Societv,  a  delegate  from 
liie  Constitutional  Society. 

Mr.  Enkint. — My  idea  is  ihb,  what  an 
sgent  miglit  say  in  a  separate  case  in  pri- 
vale — 

Lord  Chief  Justice  Eyre. — tie  is  not  an 
^§ent^but  a  party. 

Mr,  £flm,^The  time  I  am  inauiring  about, 
was  when  he  wa?i  al  ShefHeld.  Have  you 
*  b^rd  him  in  private  recommend  ll^c  use  of 
arms  ?— The  society  was  threat*? ued  to  he  dis- 
ttersed  in  their  meetings  by  the  people  of 
Sheffield,  by  the  opposite  party. 

Upon  that  ihre4*t  of  dispersion  what  did  be 
-advise? — In  private,  the  people  thought  it  ne- 
cessary that  they  should  have  armb  for  their 
defence,  and  he  approved  of  it— he  did  not  see 
any  harm  in  the  bnsiness,  but  they  bad  a 
right  to  be  armed  for  their  own  defence. 

Against  what? — Against  any  illegal  attack 
'from  that  party. 

^     Who  were  the  people  that  thought  itneces- 
lary  to  have  arms  ?— The  friends  of  refonn, 
to  protect  theii^  meetiDgs. 
■^     The  Con  s  ti  tut jon  at  Society  ? — Yes, 

Who  did  you  hear,  what  member  of  the 

"t^onstitutional  Society,  express  such  an  idea  ? 

— It  was  a  general  ideaVmongsl  a  great  many, 

whom  I  cannot  name  at  present. 


Did  be  sn^sest  any  alteration  to  be  ifiajiiein 
tlie  fonn  of  the  pike? — Not  in  that. 

What  other  pike  was  shown  him  with  rc^ 
spect  to  which  be  did  lauggest  any  alteration  f 
—I  believe  he  had  another  shown  him* 

Were  you  present  ? — No. 

Did  you  ever  hear  him  talk  of  that  otba* 
pike  which  you  believe  lo  have  beeu  shown  to 
bin*  ?*^No^I  never  did* 

Had  you  before  Yurke  came  among^  yotr 
had'  any  recommendation  of  armitig  for  the 
defence  of  youf  sorieties  ? 

Mr,  Attorney  General. —  Did  he  men^oa- 
any  country  in  which  pikes  had  been  used  f-^ 
No —  I  never  heard  htra  mention  any  thing 
of  the  sort ;  of  pikes  being  used  in  any 
counlry 

Mr.  Irrtip. — How  goon  after  ^h  fike  War 
shown  to  Mr  Yorkedoyou  know  of  any  being 
begun  to  be  made  at  ShefBeld? — i  do  not 
know  of  any  before  that 

Do  you  know  of  any  considerable  t|ttantity 
being  'made  af\er  that  time  ? — 1  do  not  know 
of  any  i^uantity  not  to  exceed  three  do  len  that 
i  was  concerned  in  cn3nteVf. 

By  whom  were  ibe^e  three  do2.en  madef— 
By  Henry  Hillj  I  believe. 

Do  yon  know  one  Widdison  of  Fargate- 
atreet  m  Sheffield,  a  turner  I — Yes, 

Do  you  know  whether  he  was  employed  in 
making  any  part  of  these  mkes?^ — I  hate 
heard  him  say  he  was  empfoycd  to  make  a 
dozen  of  hand  lea. 

Had  you  any  convfrrsation  with  Widdison 
in  the  preseuce  of  Yorkc  ?— No, 

Were  you  never  at  Yorke's  Jodgings  with 
Widdison  ? — 1  have  been  there  when  Widdi* 
son  has  been  there,  but  I  do  not  itecolieci  any 
conversation  that  passed  bctweetf  Widdison 
and  Yorke, 

Did  you  ever  see  a  pike  handle  at  Widdi* 


^ •*  *"f  —That  will  not  ^ ,   not  Uial 

It*'  :'ng- 

3  'ollect   yotTr^ttr-nf    what 

kiii  us  might  :  ng  cob- 

itftt  irke  recoiiiii       :       uiein  lo 

frovitic  ilieniftt-lves  with  arms  I — No  mecliQg^ 
Milv  at  hi»  owD  private  lodgiog^. 

How  many  pcrsoos  wei^  prescjil? — I  do 
not  know  that  aiiy  were  Uiere  at  that  time  but 
hiv  me, 

V  ..  aoy  other  lime  besides  that  once 

mhea  he  tccommcDded  [irovidlug  yourselves 
with  armsf — I  do  not  recollect    any  other 
tiing. 
Do  you  recollect  an/  meeting  in  the  montl) 
■   ^M*ircb>  at  which  the  providing  of  arms  waji 
I   Mped  of  ^ — I  w^  Dot  present  at  that  moetiiig^ 
if  VQUinean  in  thu  y^^r. 

Mr.  Leiir.-  jtat  that  meeting 

•ben  llitre  ^     ;  jmnicnded  if  such 

i^tfuDgjI^aMcd.  I  never  lieard  Uiat  there  was 
t  nseettftg  af  thai  &oil.  I  ii'us  not  present  ut 
i|db  a  m^tiQg. 

flave  the  goodness  to  fecollect  yourself; 
W  ^ere  present  at  a  meet'm;^  in  March? — 
fUA  where  the  ^nn^  wt-re  rccunmieoded. 

I  am  not  '         of  a  meeting  of  the 

Ifickiy,   but  <i   present  in  company 

riT)   "*'     '  ^  MteUngin  the 

r;t  1  urke  recom* 

Gi^jiMi' i^  iuf  iJ9^  ui  ,iMii3wi  jUMvivliUgot  arms? 
•^I  was  oot, 

Un  l^ir  r  ..iL^  !lill~^Do  you  remember  a 
maelbi;  uile  lUU  ?— Ycb,  I  was  ai 

'  ommeutl  any  thing  of  the  kind 

Davison  who  lived  witll 
C-  — ^Yes. 

I  \iii  ?»cc  any  pikes  when  he  was 

^  ^,  I  never  did  see  any  in  bis  pos- 

Ihii  yua  in  bis  preMMi£«? — No. 

^  '  lie  Robert  Moudy  ? — Yes, 

'  liber  any  mectmg    iu    the 

Un  >r  in  any  monlli  in  the  year 

ft  orke  recommended  tlie  pro- 

liii.,^  ..„  ,..^-i,tik  with   arms?— No,   I    dg 

Xh  you  remember  aiw  speech  made  by 
tofke  vpoa  the  UasUe  HiU  at  Shefiield?— 

'  he  recommend  in  that  speech  re- 

ff*  rrffjrm  of  pariiaraent  ? — That  I 

ooAvi  «  I  r^t  to  make  men* 

|4if:.  >*eof. 

lu  ih^pi  not  to  petition 


»jlve 


t +it^^<?  ''**''-^T  ^- -^'^ 


ething  of  tlic  kind  of  | 


y  other  means  .^^ 


Did  vou  b^ir^  adilf«s&  to  Uie  nation  t'vor 
XXIV. 


.       :i.,.....^..a  by  Yorkc?— Yes,  ^ 
beheve  it  was. 

Then  he  recommended  to  them  noi  lo  nf  ti- 
tRU*  parhameiit,   but  to   forheijir  >•  i 

p^rhiiincnt;  that  was  agreed  upun,  ,h 
commended  an  address  to  the  nation?    Uitf 
Yorke  walk  home  or  go  home  in  any  sort  of  1 
triumph? — Alter  the  meeting  was  over  ho 
W2J9  conducted  home,  I  beueve,  in  a  car* 
riage. 

Suppose  you  tell  us  the  fact  what  you  roea^  j 
by  conducted  home  ? — Without  horses. 

Drawn  by  the  people  in  triumph  ?— Yes, 

Did  you  ever  Lear  Mr.  Yorke  say  any  thing  I 
respecting  a  convention  ?^No,  I  never  did*  . 

Never? — No  never. 

Did  you  ever  hear  him  mention  what  woidi  I 
be  the  best  means  of  red  res  sing  grievances?—*  j 
^ioA  oevcr  didj  not  a  word. 

And  have  never  sworn  that  you  heard  hi^  i 
say  ft  word  of  that  sort — Never  about  a  redresf 
of  grievances  ? — No  I  do  not  know  that  I 
Jbeve. 

Or  any  thing  respecting  eoDventioQa? — ^Na  | 
I  ba>*e  heard  him  mention  his  ^Ksap proving  | 
of  the  Scotch  Convention. 

Oa  what  ground  did  he  profess  himself  to  J 
disajiprove  of  the  Scotch  Convention? — He  { 
thought  it  a  wrong  piece  of  business  for  the  | 
people  to  assemble^  lor  he  thought  the  people 
"Very  much  unprepared,  .    , 

In  what  respect  did  he  mean  onprepared  ?-- 
I  do  not  recuUecl  what  he  said. 

Did  be  mention  any  steps  that  they  slioul(I 
have  taken  preparatory  to  assembhn^  a  con- 
vention ? — I  do  oot  recollect  any  thing  that 
he  mentioned  in  particular  preparative  to  thft 
meeting  of  the  convention. 

You  were  down  at  Edmbutgh  f — ^Yca. 

Did  he  state  any  thin^  that  thry  should 
have  done  before  they  declared  tlicm^elvca  & 
British  Convention?—!  think  he  mentioned 
that  they  should  have  first  brou«^htout  an  ad- 
dress to  the  people  before  they  declared  them* 
selves  to  be  a  convcntiun,  or  to  that  purpose. 

Mr.  Allorneif  OcitfiaL — Look  at  that  paper^ 
Did  you  ever  see  that  before  f — Yes, 

Wiif  rp  difT  von  ^or  1 1  id  It  Iter  before? — III 
the  \n-  isuu. 

At  ^  Mat  letter  in  the 

possess^rou  oi  Davison  ? — At  my  owu  hou&c. 

In  Sheffield  ?— Ves. 

I3  that  the  letter  we  1'  ^ 

sent  to  Hardy?    Did  you  . 

before? — No,  I  do  not  recollect  Lhii  IcUcr. 

You  have  seen  it  before? — Yes,  [  liave. 

How  loii_  V  '  TT  ivison lived  r  '  '  Ivl?— 
I   raunot  U;    he  c<r  e  at 

bbefhcld  ahiiiu  im-  l    -  ■     ■  ■  i. 

Where  did  he  con  ila. 

Was  he  in  one  of  L*.^.  ^.^  -^  viv  ?  *i.,  i.*-vUs?^» 
I  beheve  he  acted  as  secretarv  to  the  society 
at  Leeds,  when  I  went  tu  r.illnlmr  fh. 

Mr.  AUomei^  Ccn'  •  will 

find  his  name  to  tlf 


Ml         M  GEORGE  m. 

1i«9  been  read.  Had  you  any  convefsalion 
about  Ihc  place  to  whicli  ihe  persoa  to  whom 
that  IcUcr  was  directed  was  to  send  his  answer 
to  Moody  ?— Tliat  the  ilireclion  in  that  letter 
shoidd  be  Robert  Moody  from  London, 

Did  he  give  a  tejuion  for  that?— I  do  not 
TGcollccr  he  did  ;  ihere  is  the  name  of  Brodie 
which  is  scratched  out. 

Had  you  any  t^k  how  Uiat  happened^  that 
a  Letter  was  to  come  to  him  directed  to 
li^oody?— Wc  had  reasons  to  believe  that  the 
letters  to  the  secretary  were  some  limes  inter- 
cepted. 

What  is  Moody? — A  carpenter  and  joiner. 

Had  he  any  thing  to  do  with  pikes? — Yes. 

What  is  Widdibon? — A  hair-dresser  and 
turner. 

Lord  Chief  Justice  %re.— What  had  Moody 
to  do  with  pikes  ?— lie  put  bandlesj  I  believe^ 
to  three  dozen. 

What  length  were  the  bandies  ? — ^1  bcfieve 
same  were  about  ?;even  feet. 

What  length  were  the  blades? — About  ten 
inches. 

What  shape  were  the  blades? — About  the 
same  shape  as  a  hayonet. 

Do  you  mean  they  were  fluted  like  a 
bayonet? — Yes, 

One  of  the  Jury, — And  pointed? — Yes. 

Juryman, — In  ihc  form  and  fihape  of  a 
bayonet?— Yes, 

Mr.  Attdmtif  General — Were  there  any  of 
any  other  shape?-- No,  none  that  were  made 
—none  tliat  were  shafted. 

Were  there  any  nmde  thai  were  not  shafted, 
of  any  other  shape  ? — There  t^'as  one  that  wa» 
made  before,  that  u'as  not  of  that  shape. 

Was  thai  one  tlmt  was  not  of  that  shape 
^er  shown  to  Yorke  ? — Yes,  I  believe  it  was 
the  oue  that  Hill  took  up  to  Mr.  Yorke. 

You  saw  that  one?— Yes,  I  have  seen  it. 

Those  til  at  were  actually  sliafted  were  in  tlic 
sbap^  of  a  bayonet  P--Yes. 

And  the  handle  seven  feet  Jong,  and  tlie 
blade  about  ten  inches?--!  think  so. 

What  wootl  were  the  handles  made  of? — I 
believe  of  tir. 

Was  there  any  partiadar  reason  dven  why 
the  handles  were  made  of  iir? — Not  that  I 
know  of. 

You  see  ther«  is  a  reason  in  the  letter  read 
just  now?— Yes, 

Mr.  Enkint, — This  examination  is  not  r«- 

§ular— for  this  is  Mr.  Law's  cvideiic© — but  I 
0  not  care  about  it. 

Mr.  Auorncy  General— U^  Davison  been 
long  at  Sheffield  ?— No. 

Do  you  know  where  he  is  now  ?-  No.  I 
have  never  heard  of  liim  since  I  was  taken  up 

Mad  he  left  Shetficld  at  that  iimr>-^Yi 
h«  had  left  it  about  a  fortnight  before  I  vv 
taken  up. 

Had  Gale  lea  it?— Yea. 

How  \f'^*  ^vf— ^  * -.*  Tt —  '  v-'i  up?— 
Nearly ;» 

Dia  yoL  ^v.i  :...,.  vi  -...v..  ^  *,.*.,<  ^^cat? 
Yei, 


Trial  of  Thomas  ttardrf 


im^ 


What  is  that?  what  if  tht  other  liMMg| 

it  ?— A  nlghtrcat,  I  beheve.  * 

What  b  a  night-cat  ? — It  standa  four  WtftJ 
about  thb  shape  (describing  it) 

Have  you  seen  one?— I  have  seco  tb^ 
model  of  one.  ' 

When  ? — I  cannot  recollect ;  about  five  or 
six  weeks  before  I  was  taken  up.  ' 

I  lad  you  ever  seen  such  a  thing  before!^ 
No,  never.  •, 

What  is  the  use  of  a  night-cat  ?— The  nsr 
of  it,  I  understood,  was  for  acting  against  yh€ 
cavalry. 

Why,  how  was  a  nijgbt-cat  to  act  agaurst 
cavalry? — I  cannot  telf — I  have  mentioned 
all  I  can  tell  about  it — I  never  saw  a  thing 
of  that  sort  before;— that  is  all  I  know  about  it. 

You,  a  Shcfiiekl  man,  most  know  how  such 
a  thmg  as  that  could  hurt  a  horse  ? — By  thxow- 
log  it  m  the  streets. 

Would  it  run  into  his  neck,  or  what  other 
part  ? — Into  his  foot,  I  should  suppose. 

William  Carnage,  cross-examiaed   by  Mr« 

EnkiM. 

Yon  were  asked  this  question  by  ftif 
for  the  crown,  From  what  passed  amu 
members,  what  was  the  professed  object  vf 
this  society  ?    To  which  you  answered,  a  pai^i 
liamcntary  reform  ?— Yes. 

Was  that  your  object  when  you  1 
member  of  tlmt  society? — Yes, 

You  j>ay  you  were  secretary  to  tliat  x 

From  the  year  1791,  to  1793?— Tcs, 

Will  you  explain  to  the  gentlemen  of  iha 
jury,  when  you  became  a  member  of  Ui/s 
society,  in  order  to  obtain  a  parliafnenlaxy: 
reform :  You  were  asked,  what  pasarai 
among  the  different  members?  What  waai 
their  object?  What  sort  of  parliameotarf 
reform  was  it,  that  you  fairly,  as  a  man, 
meant  ? — A  more  equal  representation  of  the! 
people. 

A  more  equal  represcntaUon  of  the  peof^le^ 
where  ? — In  parliament.  ' 

In  what  branch  of  parliament? — lo  the' 
House  of  Commons,  *  | 

Had  you  any  idea  by  a  parliamentary  m* 
form,  in  your  own  mind,  when  you  beramt  a' 
member,  or  when  you  continued  the 
touch   the  king's  majesty,  or    the  Uoiu 
Lonis?— No,  never.— I  never  had  that  id 

Never  in  vour  life?— No. 

I  ask  you  ta  the  presence  of  God,  to  ' 
you  wiU  answer,  had  you  any  idea  of  T 
ing  the  king,  or  the  Houso  of'Lordi^No 
forbid. 

H«d  you  eirer,  in  the  whole  coitrve  of : 
'  .*  i"    .     ■ '  I'. .  and* 


erea,apaf^, 

ib^came^ 
latsodj^H 


ffuiii  unai  pjL.Hsi  • 
what  they  said  ;i 
which  thee     " 
reason    to    : 
diflferentiy    i. 
an  Individu^d  j:vj' 
m 


Mttmn 


^Llhe  whoiesodttj. 


Tbfia  I  uwk'f  stand  you  iij  *iav,  upoo  the  oalh 
lu  the  conse- 
/i  ^  '  '  ■-  ;'■   ■  ,-  I''   '■-'  :,  'i.-a  ihete  was  no 

wMcli  lilea  etlLef  iu  yoiu  av/a  luind,  or  from 
what  ymt  knew  from  olhcrs,  what  they  said 
ai»  '   ry  did,  in  the  mind  of  any  other 

0/  ^  Jjers?— Never. 

I  said  that  the  resolve  was  not  to 
fc'.  Lament,  did  you  mean  not  to  pe* 

tJliou  u  a  I  that  time,  or  never  to  petition  it, 
vheo  the  sentiments  of  the  people  at  large 
could  be  known  ?^I  cannot  ^eak  to  thai — 
Tlierc  was  no  specific  plan  ever  pointed  out, 
Ijv  i»^tw*  fiLr  in*,  roilr^-^^^  should  Ic  ohtiincd. 
V  1  out,  or  from  any  thing 

^  -  J        i'lesence  during  all  your 

:e,  that  this  change  in  the  represen- 
ihe  people  in  the  House  of  Commons 
ir»s  to  be  carried  by  force  of  arms  and  vio- 
leoc**  ^— No,  never. 

1  I  had  an  idea  that  the  members  of 

ju  ,  or  of  other  societies  m  the  difFcr- 

ial  ^dits  ut  the  kingdom,  meant  by  combin- 
ing  force  lo  over-rule  ihe  inclinations  of  the 
people  at  large,  and  the  inclinations  of  the 
Mruament,  wuuid  you  have  conUnueda  mem- 
ber of  it  ?— No.  1  would  not. 

I  ask  you^  under  the  solemnity  of  the  oath 
which  you  are  under^  to  say,  whether  you 
Iter  beard  any  thing  said,  or  saw  any  thing 
^fi^  l^iat  ied  you  io  believe,  or  to  suspec^ 
tWl  Uat  was  the  intention  of  your  society  f— 
No>  ticvcr. 

pill  \  ;  ar  any  thiog  saidi  or  see  any 

thb{^  rj  I  led  you  to  suspect,  thai  it 

WA  !,  even  of  any  mischievous 

ki-  ^  you? — No;  I  never  su*- 

il;  I  never  had  cause  to  suspect  any 


^^Rtetl 


.  yoy  hai  had  an  idea,  independently  of 
IWoc,  that  the  object  you  were  about  might 
oft*»,.....i.,  »...,,,.  ^.rt'.v  ttd  the  safely  and  Ro- 
tku  ijpon  the  throne,  would 

pL  ; ,  v.....4..v^  ..I  Ui^t  society  ?— No;  I 

l«uid  not. 

You  »ay  vou  continued  secretary  till  the  year 
1799. — IJtioyou  read  with  attention,all  tliatyou 
i^i*df— <ir  did  you  take  it  on  trust,  from  Ihe 
cf  -atertained  of  the  genera!  objects 

oi  V,  that  it  was  all  as  if  ought  to  be  ? 

r^l  generally  read  it  before  1  signed  it  ^— I 
i^aot  know  tliat  I  ever  signed  a  letter  tdl  I 
bd  read  it 

Did  you  conUnue  to  be  a  member  after  you 
flMfd  to  be  iecretary^— 1  did. 
^  INd  Toti  continue  to  be  a  member  up  to  the 
tiatniKa  you  were  taken  up  ?~I  did. 

Did  you  tee  any  reosoni  before  the  time 
|Q0  iHOi  taken  iin,  tn  change  your  sentiments 
mtKtrmn^  tl  >s  of  those  with  whom 

)wi»MOCal<:<i       I       :  not, 

Bvve  you  bad  any  reasoo  tobeliflve. — I  ask 

fm  tc  Itxik  in  upon  your  own  soul,  wnen  you 

ihiitt  though  they  might 

,  ^inall^  when  associated, 

Mcj  \t€Qm  lo  iflUod  mjschiiff— 'No;  I  oever 


A.  D-  1794. 

\Vbcn  wa&  it  that  your  oieetiags  began 
be    threatened    with    inlerniption  ?— It    wa 
about  the  month  of  April,  I  fancy;  as  near  i 
I  can  guess,  the  beginning  of  April  or  IMi 
1794. 

Do  you  remember  the  time  when  the  coo* 
vention  was  to  meet  in  Edinburgh  ?— Ves, 

Was  there  any  thing  proposed  by  the  1 
ciety  of  which  you  were  a  member,  or  did  ; 
ever  hear  any  thing  said,  or  see  any  lliii] 
done  to  the  eSect,  that  this  convention  was  1 
put  down  the  king,  and  the  upper  House,  an__ 
to  be  itself  the  king  and  the  parliament  ?^*l 
Never. 

Did  it  ever  enter  into  your  conception,  thati 
this  convention    was  to  make  laws  for  thaj 
pubhc,  or  perform  the  functions  of  any  part  1 
the  stale?— No,  I  never  understood  it  so. 

Was  it  then  to  consider,  what  would  be  th 
best  means  in    a  legal    manner  to  e0ect 
change  in  the  representation  of  thte  people  i 
the  House  of  Commons  ? — By  petitioning  par^ 
haraent,  at  the  meeting  of  the  Scotch  Conven^l 
tioD ;  that  was  the  idea  that  the  ShefBeld  I 
cicty  had  at  that  time. 

Whether  it  was  not  universally  said,  araoijj^ 
your  society  (I  am  following  Mr.  Law's  ques-i] 
lion)  that,  tiiouzh  a  petition  from  a  small  1 
number  of  individuals  would  be  neglected,  andJ 
therefore  you  laid  aside  petitioning,  whetherl 
it  was  not  the  general  declarations, — I  am.! 
wot  speaking  of  men^s  secret  ideas,  but  as  faf  J 
as  they  were  manifested, — that  when  you  baij 
got  the  sentiments  of  a  great  niiuit>er  of  •! 
respectable  part  of  the  people,  and  were  thcu 
to  petition,  at  a  convention,  that  the  House  of 
Commons    would    attend    lo    your  petition, 
though  they  would  not  attend  to  a*  petition, 
from  a  small  body  of  men  ? — Yes. 

Was  that  your  idea  ?— At  that  time  it  was. 

Was  that,  upon  your  oath,  what  you  col- 
lected to  be  the  general  sentiments  of  tho  | 
people  ? — Yes,  it  was;  and  my  own  ideas. 

Were  you,  while  you  coutmued  a  member 
of  the  society,  and  up  to  the  time  that  you  I 
were  taken  up,  really  a  friend  to  the  Britidh 
constitution,  in  its  purity  ?— Ye%  I  w^s. 

Had  you  any  wish  to  bring  into  England,  \ 
the  desolations  and  the  anarcnies  that  are  ia 
France  ?• — No,  never. 

Had  you  a  wish  to  see  the  king  put  down 
from  his  throne,  we  will  not  even  talk  of  his 
death,  but  had  you  a  wish  to  see  the  king, 
and  the  roval  family,  put  down  from  their 
stale  and  dignity?— No;  God  forbid  that  I , 
should  ever  uve  to  see  it. 

Should  not  you  have  thought  yourself  the 
most  wicked  and  abandoneaof  mankind^  if 
you  bad  remained  an  hour  in  thint  society,  if  . 
you  bad  thought  that  the  wish  of  that  ftocitty? 
—Yes ;  I  should  have  thought  so. 

Did  you,  from  what  yuu  saw,  or  from  what 
you  heard,  suspect  that  to  be  behmd  the 
curtain,  and  lt\e  intentions  of  those  people, 
thougii  they  expressed  themselves  differently  f 

Mr.  Carrcm^l  must  beg  to  object  to  tbal  { 
question  •  it  is  for  the  jtiry,  what  thia  QUU1 1 
suspected  wai  tehind  tb«  eutUm. 


699] 


35  GEORGE  IIL 


2Vm/  tfThemat  Hardy 


[600 


Mr.  Attorney  General,^!  ccrtdnly  will 
not  object  to  it. — I  desire  to  be  understood, 
that  I,  by  no  means,  s^ree  t)iat  it  is  a  question 
"thtct  contd  he  pot,  unless  I  consented  to  it. 

Mr  Enkine. — And  1  am  inucli  more 
■pleased  to  accept  it,  upon  the  attorney- 
gencraPs  declaration  now,  than  to  argue  tiic 
point,  whatever  might  be  my  owrt  opinion 
concerning  it. — ^Then,  from  what  you  ob- 
served, saw,  and  heard,  had  you  any  reason 
to  believe  then,  or  do  you  now  believe,  that, 
though  the  papers  that  were  signed  carried 
upon  the  faces  of  them  parliamentary  reform^ 
as  you  have  expressed  it,  that  there  was  an 
intention,  in  point  of  fact,  to  destroy  the 
constitution  of  Great  Britain  ? — No ;  I  never 
'had  reason,  in  my  life,  to  believe  any  such 
thing. 

.You  say,  for  the  first  time,  you  began  to  be 
interrupted  in  your  proceedings,  in  1793  ? — 
Yc.«». 

What  were  the  nature  of  the  threats  you 
"  received,  and  what  were  you  afraid  of  ?— We 
were  afraid  of  the  opposite  party  making  an 
attack  upon  us  in  our  meetings,  or  out  of 
doors. 

What  do  you  mean  by  the  opposite  parly? 
the  Jcin^  and  parliament  f  or  tne  people  of 
SheffiekT,  of  a  difTercnt  opinion  ? — Tne  people 
in  Shcfiield,  of  a  difl'erent  opinion. 

You  were  afraid  of  the  opposite  party,  of 
the  people  who  thought  differently  from  you, 
that  they  intended  to  persecute  you  ? — ^Yes. 

Did  you  believe,  at  the  time  you  were 
threatened  to  be  interrupted,  that  you  were 
doing  what  was  legai  ?  —  Yes ;  we  be- 
lieved we  were  doing  every  tiling  that  was 
leral. 

Did  you,  for  one,  believe  you  were  doing 
what  was*  legal? — Yes;  I  did  not  know  that  [ 
was  commilting  any  thing  that  was  wrong, 


law,  for  you  eatinot  be  supposed  to  know  any 
thing  of  the  law— Did  yuu  beliere  thst  you 
had  a  right  to  arms  for  your  defence,  under 
the  law  of  your  countiy? — I  did  believe  I 
had. 

Under  what  law  ?— By  the  Bill  of  Rights. 
,  Was  that  the  manner  in  which  the  right 
to  have  these  arms  was  debated   in  your 
society  ? — I  do  not  remember  any  debate. 

fiut  was  any  thing  said  about  your  right  to 
have  arms,  if  you  were  attacked  by  mancioiR 
people? — ^We  thought  we  had  a  right  to 
defend  ourselves,  rounded  upon  the  Bill  of 
Rights,  against  any  of  those  people  that  might 
attack  us. 

Mr.  Attorney  General— 'Who  told  you  that 
you  had  that  right?— I  have  heard  Mfr.  Yorke 
say  so. 

Mr.  Erj&inc— Was  it  ever  debated  amonnt 
you,  that  if  you  were  commanded  by  uic 
whole  authority  of  the  state,  that  you  were  to 
raise  arms  amongst  the  people  to  support  the 
authority  of  your  convention  as  a  paruameDt? 
— ^No ;  I  never  heard  that  debatea. 

Was  there  ever  any  hint  that  the  laws 
were  to  be  made  by  those  twenty  or  thirty 
people  at  Edinburgh P — No;  T  never  heard 
any  such  thing. 

What  did  you  consider  these  people  st 
Edinburgh  were  to  do,  who  were  a  conventk)n 
from  these  diHerent  societies? — I  cannot 
speak  to  what  their  business  was  when  met 
together. 

Were  they  to  consider  what  were  the  best 
means  to  go  on,  in  a  legal  and  peaceable 
manner,  to  obtain  a  parliamentary  reform*— 
I  supposed  so ;  I  understood  it  so. 

Did  you  know  Mr.  Hardy  ? — I  never  did. 

Did  you  really  think,  that  you  were  coiK 
tending  for  lights  that  rend^Ted  more  secrn^ 
and  more  permanent,  the    king's    title?— I 


tlife,  he  hiil  seen  ihtin  Ihere^—ll  was 

;  his  life  lime« 
it  :.t  Auv  iniii\tt\h\T  period  of  Ihehi)^- 
c»[  tell  you? — No;  he 

he  had  se^u  them 

You  know  what  I  m^n  pfirr<«tly  urell.— 

"be  teU  you  what  \tas  going  on  in  the 

nlry,  aithe  lime  he  ^w  them  at  New- 

^tlc?— I  do  not  recullecl  that  he  did.— I 

hink  hi*  i»id  U  was  wirrie  lime  ahout  the 

'     "iv^e  ol'iL 

iiiou  frotw  the 

Uirw  came  you  and   Duvison   to  send  a 
6ttaf  ahi^ut  Mfidinjt    pi);e»    to  London,  in 
Oer  to  oppose  the  other  party  al  Sheffield  ?— 
i  was  Davison  «»ent  the  letter, 

Davison  sent  a  letter  to  London  about 
keif  you  thinking  they  were  to  oppose  the 
f  f)a3ty  at  Sheffield  ?-— He  might  have  the 
views  in  it  for  the  people  ofloodoQ^  as 
'  the  j»eople  at  Sheffield. 
Vou  li4ve  talked  about  cavalry :  what  were 
nitc  parly   at  Sheffield^   who  were 

,  „_ you  with  cavalry  ?— I  do  not  know. 

Wliy  what  cavalry  was  this  night -cat  for? 
-^1t  wdH  onl  j^  a  model  of  one ;  I  never  saw 
~~  7  oade ;   it  was  never  to  be  put  in  execu- 

liow  eame  you  to  talk  about  cavalry  ?^ — 
tt  was  when  he  was  talking  about  the  use 
oHt 

mion  was  about  the  opposite  party 

I  (■  <\,  and  Davison' 9  opinion^  of  course, 
i>pposite  party  in  London  ? — Yes. 
what  he  calls  the  bare- faced  aristo- 

of  the   present  administration? — He 
I  li^. 

Ml  did  you  understand  by  that,  when  he 
!  YOU  this  letter,  before  he  sent  it  to 
fl  bout  the  pikes,  upon  your  oath? — 

II  |ion  my  oath,  understood  that  he 
ne.^ii  »Mie  party. 

Wl  ivison^  who  meant  as  little  as 

iiu^  w;us  uut  so  bold  as  you,  for  be  ran 
'  a  fortnight  before  you  were  taken  up  ? 

w  came  he  to  do  that  ? — I  believe  he 
of  some   persons   being  in  Shefiield; 
t  wna  Hit  report. 

to  he  thought  so  Utile  about  this 

nl  thing  of  the  opposite  party,  that  he 

1^  ? — 1  cannot  give  any  other  reason. 

told  us  that  the    cheapness  of  the 

\  was  tlic  reason  why  you  thought  of 

lich  was  the  handle  and  the  blade 
i  cuiA  ^— i'wcnty  [lence,  I  believel 
So  Ujat  ihirtt  en-pence  would  not  pay  for 
i  ? — ^'I'he  hoop  and  the  blade  would  coind 
t  by  themselves, 

tiic  h\-^^.'--    "vi  th-  *^-  p  had  come  td 

doOf  :i:  shiiling,  there 

te  e  to  pay/ that 

dy  k    for?— Yes; 


.J>.  1794. 


[002 


Did  you  ever  hear  of  such  a  place  as  the 
Parrot,  in  Green  Arbour  Alley,  London? — 
No;  1  did  nut. 

Never  f-— No ;  I  never  did. 

Had  you  any  conversation  with  Davi»oii 
about  these  pikes,  after  he  showed  you  this 
letter? — I  cfo  not  recollect  that  I  Lad  any 
conversation  with  him  at  the  lime. 

But  after  ? — No  ;  not  that  I  can  bring  to 
my  recollection  what  it  was* 

William  Brtmnhead  sworn. — Examined  by  Mr. 
O arrow* 

You  rcHJde  al  Sheffield,  I  believe? — Yea. 

What  are  you  by  business? — A  cutler. 

Were  you  a  member  of  an^  society  at 
SheSield,' which  had  the  name  of  the  Consti* 
tutional  Society  ?--Ycs. 

At  what  time  did  you  become  a  member  of 
it? — At  the  first  institution  of  the  society,  f 
think  in  the  year  1791,  when  the  society  was 
first  instituted. 

Were  you  one  of  twelve  of  that  society 
which  were  afterwards  associated  with  the 
Constitutional  Society  of  London? — I  was  not 
tlten  a  member  of  any  committee,  nor  did  % 
act  in  any  public  character. 

That  is  not  the  question  that  I  put  to  yotj4 
I  ask,  whether  at  any  time  you  became  ail 
associated  member  of  a  f^ociefy  in  London, 
called  the  Constitutional  Society  ? — I  never 
was  a  member  of  the  Constitutional  Society  ill 
London. 

1  did  not  ask  you  whether  you  were  or  not; 
but  whether  you  were  one  of  the  twelve  of 
the  Sheffield  Society  who  were  associated  witH 
the  Constitutional  Society  in  London? — We 
were  above  twelve  when  tliat  society  wa$ 
wrote  to,  and  therefore  I  do  not  understand 
the  queslion* 

I  will  explain  the  question  to  ytm  i  your 
society  at  Sheffield  were  more  numerous  than 
twelve? — Yes. 

And  when  you  were  more  numerous  than 
twelve,  the  t*onstiiutionul  Society  in  London 
were  written  to  by  your  society — do  you  agree 
so  far  with  me  ? — ^  es. 

Did  your  society,  when  you  wrote  to  the 
other  society,  propose  any  names  of  persons 
to  be  associated  with  the  society  in  London? 
— I  never  heard  that  subject  spoken  of,  nor 
any  letter  to  that  purpose,  ^ 

Did  you  know  whether  you,  or  any  other 
persons  of  the  Sheffit^ld  SocUty,  were  received 
as  associated  members  tj^  tlie  Constitution^t 
Society  in  London  ?— I  do  not  recollect  any 
such  persons  being  constituted  a  member  of 
the  Couiiti tutional  Society  in  London ;  I  da 
not  recollect ;  I  have  no  knowledge  of  ai\y 
such  matter. 

Do  I  understand  you  right,  that  you  do 
recollect  such  a  proposition  moving  front 
your  society  to  the  London  Society  ?— Letters 
were  wrote  from  one  society  to  the  other. 

Proposing  such  a  measure  ?— I  understood 
that  tbey  acted  in  coiy unction;  I  aiwa^^s  un* 
der^tooditassuch. 


Did  I  understand  you  right,  ihat  our  of  the 
modes  by  which  that  nctmg  in  conjunction 
vfn%  to  be  brought  about,  was,  that  a  certain 
nunibcr  of  your  society  should  be  associated 
with  the  London  Constitutional  Society,  for 
the  purposes  of  general  conjunctive  actiag? — 
I  do  not  know  that  any  such  subject  was  ever 
settled  ;  I  know  no  farther  of  the  junction  of 
the  society  but  what  passed  by  letter* 
I  Did  you  at  any  time  act  as  a  secretary  to 

the  society  at  Sheffield? — Yes,    about   five 
months. 

teWas  that  the  five  months  last  before  you 
ire  apprehended  ?— Yes. 
When  were  you  appreheixiied  ?—l  think  in 
luay  last. 

Be  so  ^d  as  tell  us  for  what  purpose  your 
Constitutional  Society  were  assembled,  and 
what  the  professed  object  of  their  ai>sembling 
was  ?^The  object  was  a  parliamentary  reform  * 

By  wlial  means  was  that  reform  to  be 
effected? — By  roeeling  and  cndcavauriog  to 
enlighten  each  other,  and  spread  the  know- 
ledge both  of  the  g^ievar>ces  which  we  coosi* 
dered  to  exist,  or  which  were  frequently 
wrote  of  and  spoken  of^  and  inforroing  the  i 
people  of  the  necessity  of  a  reform^  that  they 
might  unitedly  move  for  it  in  the  best  and  \ 
most  unexceptionable  mode. 

Was  there  any  peculiar  mode  by  which  the 
election  of  members  to  the  House  of  Commons 
was  to  be  effected,  according  to  your  |>roposi- 
tion  as  to  the  right  of  voting  ?— That  subject 
was  never  discussed  to  my  knowledge. 

Are  you  acquainted  with  the  expression— 
univertat  stiff rogc  ?— I  expect  I  am. 

Was  it  or  not  the  scheme  of  the  Constitu- 
lional  Society  at  Stieffield,  that  a  reform  was 
to  be  produced  by  univeri^al  stiifrage? — It 
never  wa«,  as  iar  as  m^  recollection  of  it;  it 
never  was  until  the  Edmhurgh  Convention  ;  I 
never  heard  of  universal  suffrage  until  that 
time. 

Was  the  circumstance  of  the  Edinburgh 
Convention  known  to  the  Constitutional  &- 
ciety  at  Sheffield  ?— They  sent  a  delegate,  and 
therefore  certainly  they  must  know  it. 

Who  was  their  delegate  at  the  convention 
at  Edinburgh  ?— Matthew  Campbell  Brown  ; 
but  I  was  not  secretary  at  that  time ;  they 
called  upon  me  to  take  upon  me  the  secrcla- 
rythip  just  after  he  was  gune  to  Edinburgh. 

Do  you  know  a  person  of  the  name  oftlenry 
Yorkc  ? — I  know  a  person  who  goes  by  that 
name. 

Perhaps  you  know  him  by  another  Paroe? 
— 1  have  heard  another  name. 

What  is  it?— Henry  Redhead. 

And  who  likewise  goes  by  the  naxoe  of 
Yorke?-»Yes. 

Did  Yorke  or  Redhead  ever  reside  at  Shef- 
field F^Scveral  times  he  has  been  at  Sheffield. 

Did  he  reside  there  for  any  time  ? — This 
Li^t  time  I   do  nut  exactJy  know  how  long; 
— MV  be  nix  ^      "  n  or  eight  weeks. 

,  t>o  you  k  t  the  name  of  Gale, 

rpfiater  at  bhf:tmit%ii — Vcr^f^  wcU* 


m 


Trial  of  Thomas  Hardt/ 

Mr.  Yorke  was  not  a  settled  inhabitant  of 
Sheffield,  was  he  ? — No, 

Did  he  attend  the  meetings  of  the  Ccmi 
tutioLial  Society  at  .Sheffield? — He  attcni  ,^^ 
almost  every  weekly  meeting  during  his  Ia? 
visit  to  Sheffield » 

As  he  was  not  a  settles!  inhabitant  of  Sb 
field,  in  what  character  did  Mr.  Yorke,  durii 
his  last  visit,  attend  regularly  the 
meetings  of  the  B«iclety  ? — ^They^  con 
him  as  a  man  of  considerable  abilitici, 
an  orator,  paid  great  respect  to  him. 
used  to  attend  constantly  once  a  week 
meeting  which  was  called  the  committi 
it  was  not  properly  a  committee,  for  t' 
of  the  cicpiralion  of  the  committee  which 
before^  was  elapsed,    and   another  was 
chose,  and  such  persons  who  had  been  on  t 
committee  were  admitted  prmcinaUy  on 
count  of  Mr.  Yorke  being  at  Shemcld. 

You  have  given  me  a  good  reason  why  he 
should  be  treated  with  respect  wbcn  he  was 
there ;  tliat  he  was  a  roan  of  talent*  and  aA 
orator;  but  I  ask  in  what  character  he  c 
tlicre?— I  am  totally  unacquainted  with  tl 
tot  lie  did  not  bring  any  letter  tu  us ;  I  lia* 
hearH  &ay- 

Did  you  ever  hear  him  himself  «ay  ? — Ni 
I  iit\^  had  any  conversation  wfth  him  upoOi 

You  never  heard  from  himself  then  in  w.' 
character  became  there?— No. 

But  being  there,  you  discovered  he  had»^ 
great  talents,  and  was  an  orator  ?— Yes, 

Did  he  take  any  part  in  the  managemei 
of  the  bu'iiness  ot  the  society  ?— lie  wr< 
several  pamphlets  while  at  Sheffield^  and 
several  times  brouglit  some  part,  if  not 
whole  of  these  pamphlets,  in  manuscript,  ta 
these  meetings  to  be  read. 

Do  you  spSik  now  of  the  weekly  meeting 
which  were  improperly  called  committees?^ 
Yes. 

Where  were  these  meetings  held  ?— At  my 
house. 

You  bad  a  commodious  room  there  pi 
bably  ? — It  was  a  small  room  where  Km 
meetings  met^  but  there  was  a  large  r< 
when  a  great  number  met 

The  meeting  was  improperly  called  a  c 
mittee,  when  they  met  in  a  ^rnall  room  ? — Y 

How  often  was  the  olher  room  uscdf< 
Some  two,  three,  or  four  tunes;  1  do  not  m 
collect  how  many  during  his  last  visit 

Was  tlicre  in  that  room  any  preparation  far 
the  more  commodious  exercise  of  the  talents 
of  oratory  of  Mr,  Yorke? — Yes. 

What  ?-A  little  matter  erected  to 
the  speaker. 

Wnat  was  that  called,  that  we  n 
name  to  put  down  in  our  notes?— '^i 
it  one  thm^,  some  r. 

What  did  you  call  if*--I|lc 

railed  it  any  thing. 

What  was  the  more  jnifful  r^nme  for  it 
the  sariely?^S'"  ■      ''''"'I   '  -■    i  "' 
the  tribune,  I 

Bui  tt  was  A  cgromodious  cjcv,\ugn  lur 


u 

tay     I 


feason* 


critor,  anil  some  called  it  n  pulpit ,  oth<^rs  a 
intmnc  ?— Yes. 

A  ,..\  «r,...,  n,;.  t^^'^ine  Mr.  Yorke  addressed 
11 

_  J  „.  clings,  improperly  called 
c  s  and  those  meetings  in  ivbich  the 

III  i^,  do  Vf»u  remember  any  meeting 

upon  the  Ciistle-liill  ? — Very  well* 

Was  that  of  tlie  date  of  the  7th  of  April  ?— 
I  do  tioi  justly  recollect  the  day,  but  I  was 
there. 

Was  Mr.  Yofkc  there  ?— Yes. 

T>id  he  there  exercise  himself  in  addressing 
li,,  ,,    ;  '    >_,Yca. 

^orl  of  manner  and  language  ? — 
hr  ii.iij  ;i  book  in  his  hand  wrote  by  Locke, 
md  he  expatiated  very  largely  on  the  cornip- 
ti""  Mv-*  had  crept  into  the  English  con^titu* 
L  iher  the  evils  which  generally  are 

<  of,  and  showed  there  was  a  devia- 

t  le  degree,  from  the  original  consti- 

lir  1  Treat- Britain;  but  hrs  manner  of 

iikine;    may  sometimes    lead   him  to  go 

ther  tlian  he  ought. 

Did  tbat  unfortunate  fatality  upon  this 
occasion  occur,  that  he  did  go  farther  than  in 
V  Uii  ought? — It  was  agreed  upon 

ti  -ke  a  motion, 

l-ir^T  ui^vvtr  my  question  ;  did  it  appear  to 
yoM  that  his  address  that  had  Locke's  book 
k:  ■  ■  vt,  was  more  violent,  and  went 
ti  i>  it  ought? — He  is  peculiarly  ener- 

£ti*^,  «..ii  at  the  same  lime  verj'  tiery,  very 
warm,  very  strong;  but  at  this  meeting  I  do 
Dot  know  that  he  said  any  thing  that  was 
dftnmeiilal  to  the  constitutional  law  of  Eng- 
bnd— iiof  at  this  meeting. 

f  Ued,  you  said,  that  you  were  to  do 
?  -settledbywhom?— ByMr.  Yorke 

Sii  i\c,  at  a  meeting  previous* 

of  the  committees  ?— Yes;  that  I 
should  ui^ke  a  motion  tor  a  petition  to  the 
House  of  Commons,  for  a  re  to  rm  in  the  re- 
preseutation  of  the  people. 

For  what  p«rj>ose  were  you  to  make  that 
motion  as  it  was  settled  f — ^That  it  might  be 
^jrerndcd. 

Was  it  settled  at  the  committee  before-hand 
th<m,  llial  a  motion  should  be  made  that  it 
might  l>e  over-ruled  ?^Yes,  it  was  so  agreed 
ttpon,  and  further  for  the  purpose  of  intnoduc- 
i»t  another  motion  in  ils  r^Lire. 

l>id  vou  mnke  tin  :is  it  had  been 

meed  ^—1  dirl,  lur  [>'  _  ihe  House  of 

Uttitmons. 

Wliut  wa»  doT^f*  upon  your  making  iliat 
mf>u*>i  ^ — f  I  cted  to  with  a  view  of 

n>A>:  1  .;  s' ;.  her,  which  was  brought 

ra  Ukd  c^TiiiU. 

Whom  wm«  it  objected  toby;  who  was  the 
4)a«eter  ?— There  were  tmly  four  of  us,  the 
•tBtr  menber  I  du  not  at  present  recollect:  it 
^H  tftber  Heiiry  Yorkc^  Joseph  Oale,  or 
WiUiim  CAitiagts. 

Tdu  roeiii  there  were  onlj  four  of  the 
CMiniUee  thtil  attended  ?-*Iii  the  elevation 


Tliere  was  an  elevation  then  upon  ti>t  Ca 
tie-hill? — Yes,  oric  of  those  tirum^  we  calle, 
the  tribune  was  carried  upon  the  Caslk-hill. 

Then  one  of  these  persons  opposed  your  mo 
Uon  ? — Yes. 

What  number  of  persons  might  there 
a**scmblcd  at  this  meeting? — Several  ihnu 
sands. 

A  meeting  in  the  open  air?— Yes 

And  then  one  of  these  persons  opposed  yon 
motion,  as  it  had  been  agreed,  for  the  intr 
duction  of  another  ? — Yes. 

What  was  the  substance  of  that  other  j 
tion  ? — Instead   of  petitioning  the  House 
Commons  to  petition  his  majesty,  and  a  pet! 
tion  was  drawn  up  ;  the  parchments  lay  at  i 
house. 

Drawn  up  by  whom  ? — By  Henry  Yorke  < 
Redhead. 

Was  it  before  or  after  the  meeting  in  th 
open  air,  that  it  was  drawn  up  ? — Perhaps 
might  be  drawn  up  before,  ana  read  there  r 
think  it  was,  but  it  was  not  signed  till  after. 

Then  it  was  left  at  your  hou&e  lor  sig 
lures  ? — It  was. 

Upon  the  occasion  of  the  introducing  thi 
amendment  upon  your  proposition,  did 
Yorke  address  the  meeting,  compo«id,  as  ] 
say,  of  some  thousands  ?— Yes,  h^       1 
them  :  he  introduced  that  subject  <  i. 

ing  the  king  to  exercise  his  power  lur  a  re  ' 
form  in  the  representation  ot  the  people,  an 
this  petition  wus  sent  up  to  London  to  ea 
Stanhope,  but  he  did  not  think  proper  to  pr 
sent  it  m  that  form. 

Do  you  renieniher  a  daj  or  two  after  tf! 
meeting  upon  the  Caatle<hiLl,  being  in  con 
pany  with  Gale  and  Yorke  at  your  houfi 
when  any  application  was  made  to  Yorke  upolj 
the  suhjcct  of  U)e  speech  he  had  deiiverea  tQ 
the  people  upon  the  Castle-hill ;  do  you  r 
member  any  apphcation  to  him  a  day  or  tvi 
afterwards,  upon  tlie  suhjcct  of  priuting 
speech? — I  remember  something  being 
to  him  upon  it  at  my  house. 

Did  he  agree  to  print  his  speech?— To 
best  of  my  recollection,  he  did. 

Was  it  printed  ?— It  was. 

Did  you  sec  it  afterwards  in  print  ?— Yes. 

From  having  heard  it  upon  the  Castle-hiti 
could  you  fomi  an  opinion,  whether  the  j 
ed  copy  which  you  saw  afterwards,  ip 
pretty  accurate  statement  of  what  pass^  ?- 

The  substance  of  the  matter  he  dehvere 
there,  I  believe  it  contains. 

Was  that  published  at  Sheffield  ?—Yea» 

X>o  you  helieve  this  to  be  one  of  those  pull 
licdtiohs  [showing  it  to  the  witness]?^!  i" 

Did  you  receive  aftcn*  "      "  e,ai] 

number  o  f  these  pianopbi ' 
— Ididnc^  ^         '  them  iruuj  lurKc,  tuitli 
ceiv^lh*  ' 3  shop. 

Did  you  .. -.  .XI. .  Lhing  with  them  by  the  < 
rection'ol  Yorke  ? — It  wa^  by  llw  directijui  of 
the  meeting,  previous  to  their  being  comqni- 
nlcated  to  dinen&l  perwB*. 

Dayovi  mew  ^e  geacnl  i&e«\vD%,  vt  <b». 


hit 


posei 


607] 


35  GEORGE  UL 


Triul  of  Thanius  Hardy 


vm 


pi^vate  iue€ting? — ^Tbe  private  tnecliijg  di- 
rected ihcy  should  be  GOmmuuicatt!d  to  dif- 
ferent p€r&ona. 

Did  you,  in  consequeoce,  make  up  any  pac- 
kets of  them^  and  da  you  believe  tnese  to  be 
two  of  the  packets  [showing  them  to  llie  wit- 
ness]?—They  are;  they  are  directed  la  roe 
ifcccording  to  order. 

How  many  might  you  direct  in  that  manner 
in  separate  packages? — I  do  not  recollect  ex> 
ac^y,  there  roigbl  be  twenty- four,  or  more, 

What  was  done  with  these,  after  yon  had 
made  them  up  separately,  and  addres&cd  them 
to  the  different  (arsons  ? — ^1  hey  were  lapped 
up  and  directed  to  certain  persons,  and  Itien 
all  put  together  in  a  box, 

lo  whom  were  they  sent  ? — ^To  the  beat  of 
my  recollection  tliey  were  sent  to  Thomas 
Hardv. 

What  was  your  situation  in  life  before  you 
were  applied  to  to  become  the  secretary  of 
this  society  ? — I  was  a  cutler. 

Were  you  working  at  your  business?— Yes, 
when  I  had  any  business  to  work  at. 

Were  you  applied  to  to  become  the  siecre- 
taiy,  or  did  you  apply  for  it  ? — ^I  was  applied 
to. 

By  whom  ? — By  one  of  the  members,  John 
Alcock. 

Were  you  paid  anything  for  your  trouble  ? — 
Yefl. 

What  was  your  inducement  to  take  that  of- 
fice upon  you  ? — ^I  should  not  have  taken  it 
upon  me,  \S  I  had  not  been  ap)thed  to. 

What  induced  you  to  do  it? — The  war  de- 
stroyed my  business. 

Am  J  to  understand  that  you  did  it  to  in* 
crease  your  means  of  support  l^-l  did. 

Did  it  come  to  your  knowledge^  in  your 
character  as  a  member  of  the  society »  or 
otherwise,  that  tliere  were  any  prepanitions 
of  arms  of  any  sort  at  Sheffield  ? — I  heard  re- 
ports as  other  people  might  do»  but  purposely 
avoided  meddhngt  in  thought  or  act^  with  any 
matter  of  that  son. 

L  Did  you  in  the  society,  or  from  the  mem- 
bers of  the  society^  hesirof  any  proposition  for 
providing  arms,  or  that  any  were  m  prepara- 
tion ? — I  did^  and  it  is  proper  that  this  should 
be  well  explained. 

Explain  that. — A  few  days  before  this  meet- 
ing, when  it  was  spoken  to  as  being  the  ri^ht 
of  Englbbrnen  to  have  in  their  power  means 
of  defence,  a  hand- bill,  a  spurious  baud-bill 
was  published  iu  Sheffield,  with  an  intention 
to  provoke  the  society  lo  some  unjustifiable 
measures,  and  it  was  spoke  to  in  the  meeting, 
that  it  was  their  right  t     '  th  r    :    *hiHr 

own  defence,  and  J  ok  i  ^ '  ^ 

wtatheman.    Tl  :  ' 

by  any  n 

out  the  to^>^!i  I 

on  in  the  -** 

keof  a!i  1"-^-  ,n  '      1  ,-;  ''^* 

t,  to  liave  such  and  su 
^  their  rights,  lest  any  tuui  ; 

%|fettk  out.    I  lua  happy  to  »p^  ol  tiii^i  '^^  1 


I  should  be  happy  to  see  that  adverttsemoot, 

wllb  what  WAS  said  at  this  meetings  which 
was  published  in  tl»e  Sheiheld  paper  the  week 
after. 

Was  this  hand-bill  distributed  previous  to 
the  meeting  upon  the  Catitle-hiUf— To  the 
best  of  my  recollecUou  it  was  aAer  that  meeU 
ioff. 

Was  the  subject  of  procuring  arms  publldl 
discussed  or  in  the  private  meetings  ot  the 
ciety  ?— It  was  at  a  public  meeting  Mr.  G: 
spoke  of  our  rights. 

A  meeting  in  your  targe  room  I — Yes. 

A  pid>lic  meeting  of  the  society  ? — Yea. 

By  the  society  only? — ^There    were 
others  thai  were  not  members  there,  as  well 
as  others. 

How  did  they  come  ?  were  they  introduced 
by  members? — ^Thc  tickets  were  nut  rei 
deUvered,  I  believe,  at  that  time. 

Then  members  introduced  visitors  f — Y 

Did  you  see  any  arms^  or  any  model 
anyi — 1  never  saw  a  pike  till  I  saw  one  w[ 
I  was  brought  to  London, 

W^hatsort  of  arms  were  they  that  wereta! 
ed  of,  as  fit  to  be  had  for  the  purposes  stated  1 
—Pikes  were  talked  of»  bul  I  never  saw 
till  I  was  brought  to  London* 

I  do  not  know  whether  you  heard  any  liii 
of  the  night-cats?— 1  saw  a  model  of  one,  bi 
it  was  only  like  the  pls^-lhingof  a  chikl. 

Now  we  will  haveanacf'"*'^*  ^'^  ''"  ^at 
in  which  children  play  ai  a 

ofan  instrument  was  it?-   .,  .....^  .,,.:. umi 
standing  up  with  a  point  al>out  one  inch  higb* 

iJnt  of  the  Jury, — It  was  in  a  ball  was  it 
not? — jJo. 

Mr, XJiirrow*— Ubad  four  cn>s8  points? 

Juri^man, — Were  there  only  four  of 
^1  think  there  were  four. 

Mr.  tlo^^oa^— Sothatif  you  threw  it  do 
it  always  presented  a  puini^^That  did. 

Ilow  long  is  that  point  f — This  was 
three  quarters  of  an  inch. 

Only  made  ju3t  lo  show  what  the  sort 
thing  was?— Yes. 

Was  there  any  other  purpose  for  w\ 
these  io^iruments  were  spoken  of  in  tlic 
ciety  to  be  made,  except  playing  with  Uiem 
children? — Never  any  mentmu  made  of  tl 
in  the  society  at  all. 

Where  did  you  6ee  the  model  J^ — At 
house  of  one  Benjamin  Dunn. 

Washearort  lely? — Yta, 

it  was  not  he  tl 

Who   pr*^*]iHrj   ji  ..L   li     :^uuse^— I 
they  call  him  <.  iu.rj*  -  K'iicHiJvx 

Uadyou  tver  seen  such  a  thing  b«ror«f< 
I  never  did. 

>  oil  mturally  were  led  lo  ask  Its  uae  . 
,  uirpose  for  winch  it  wa^  to  be  conUrtA^i 

I  was  stated  to  br  th*-  PM.r ^.r  .k 

pby  thuig?— J  do  not  re< 

tJuii   upon    thnt   ht!;tcl,  but     :     _     i  ,„v*.  «;;4 ' 

'T, 

.  owif^g  it  on  the  flooi,  and 
01  cguf^c  iw  prt^mtpg  one  of  it9  potoif  m^ 


609] 


Jot  High  Treoion* 


eomninied  by  no  description  of  the  use  it 
mSnit  be  applied  to,  besides  plaving  with  it? 
— ^Wbat  might  be  said  that  night  might  not 
be  serious. 

When  talkiug[  of  a  play  thing  one  is  not  sc- 
lious ;  now,  serious  or  not,  what  was  said  of 
it  ?'Xothiug  was  said,  but  he  brought  it  to 
fbow  tlieni. 

What  was  said^  serious  or  not  serious,  as  to 
the  use  to  which  that  might  or  could  or  was 
intended  to  be  applied? — I  cannot  call  tu 
mind  any  thing  tliat  was  said,  but  this  only, 
that  he  came  to  show  them  that  such  a  little 
boy,  whose  name  he  mentioned,  liad  made  it, 
and  showed  it  tliem. 

Was  it  called  by  any  name  ?— I  heard  no 
name  of  it  till  I  came  to  London,  there  it  was 
called  a  Cat. 

A  night  Cat,  or  day  Cat,  or  any  thing  of 
Ihat  kind  ? — I  heard  no  name  whatever. 

Was  there  any  conversation  at  that  time 
vlien  it  was  thrown  upon  the  floor  about 
CavaLry  ? — I  do  not  recollect  any  conversation 
at  all,  but  merely  the  throwing  it  upon  the 
ftdor. 

You  saidjuit  now  that  the  conversation, 
mch  as  it  was,  might  not  be  serious  ? — No, 
lauffhiog  at  it. 

Upon  your  oath  was  there  any  conversation 
ftrivus  or  not  with  respect  to  Cavalry  or  the 
town  of  Newcastle? — Newcastle  was  not 
vcotioaed  there,  it  was  not  at  tlic  same  place 
I  apprehend. 

Wnere  was  it  that  there  was  conversation 
about  the  town  of  Newcastle  ? — I  know  no- 
thing about  any  couversatbn  about  New- 
cattle. 

Upon  your  oath  were  you  never  present 
when  that  model  was  produced,  and  when 
there  was  a  conversation  about  Newcastle? — 
Upon  my  oath  1  never  was. 

Then  vou  never  lieard  any  conversation  at 
Sheffielu  about  this  night-cat  or  tnis  model 
of  a  night-cat  with  respect  to  cavalry  ? — I  do 
not  recollect  any  conversation  about  its  use 
but  a  mere  trifling,  desultory,  pleasing,  irre- 
gular conversation  with  one  another. 

Now  that  trilling,  pleasing,  desultory,  irre- 
gular conversation  I  want  to  have. — I  am 
sure  1  cannot  reccllect  it;  if  I  could  recollect 
it  I  would. 

Try,do  not  hurry  yourself. — I  cannot  recol- 
lect any  thing  that  was  said,  only  his  taking  it 
out  of  his  pocket,  showing  it  us,  and  throwing 
it  on  the  floor ;  there  was  no  regular  conver- 
sation, no  debate  wliatcver  about  it. 

And  tlie  nature  of  the  desultory  observa- 
tions that  were  made  you  do  not  recollect? — 
lie  showed  it  to  the  company  as  being  the 
production  of  a  boy,  a  child,  I  remember  tlut 
perfectly  well. 

It  was  a  tiling  that  you  liad  never  seen 

any  thmg  like  before  ? — I  believe  I  never  had. 

You    contented  yourself  with  secinjg   it 

thrown  down,  and   looking  at  one  or   its 

points?— I  had  nothing  to  do  with  it  wbat- 


VOL.  XXIV. 


A.  D.  1794.  [610 

You  told  mc  that  at  the  meetings  at  tho 
Castlc-hill,  Mr.  Yorkc,  though  in  general 
warm  and  cncmaic,  and  disposed  to  say 
strong  things,  did  not  sa^-  any  tiling  that  wad 
delrimcnlai  to  the  constitutional  law  of  Eng- 
land, were  you  present  at  any  other  meetr 
ing  where  his  speeches  were  not  quite  of 
that  character  ? — I  have  l)een  present  at  other 
meelingh  when  he  has  not  been  so  well  guanled 
as  he  was  at  tiiat  meeting. 

Terhaps  those  might  be  meetings  of  the 
society  only  ? — So  called,  of  the  society  only. 

But  with  visitors  admitted,  be  so  good  as 
tell  us  the  tendency  of  his  discourses  when 
he  rather  gave  himself  liberty,  when  he 
followed  the  impulse  of  his  nature?  —  If  I 
had  noted  them  down,  I  might  have  been 
able  to  have  repeated  them. 

1  do  not  expect  you  should  give  us  them  in 
his  manner  or  precise  words,  but  give  us  the 
substance  and  effect  of  those  expressions 
which  appeared  to  you  to  be  unguarded  ? — I 
do  not  justly  recollect  at  present. 

Endeavour  to  recollect  r — I  may  have  heard 
him  when  conversing  in  those  meetings, 
sometimes  he  was  very  wann  to  be  sure,  and 
might  drop  unjguarded  expressions. 

Sucii  as  what  unguarded  expressions  }•« 
Comparing  what  be  looked  upon  to  be  tbe 
grievances  under  which  we  laboured,  with 
tiie  privileges  which  Enghshnu^n  once  eo- 
joyeu,  he  might  step  out  of' the  way. 

What  expressions  did  he  U!>e  which  apr 
pearcd  to  you  to  be  unguarded  ? — I  heard  him 
use  one  expression,-— but  for  iny  own  part  I 
will  not  presume  to  put  a  comment  upon  it, — 
he  expressed  himself  to  this  pur|K)rt,  that  wc 
were  in  a  low  despicable  situation,  and  rather 
than  submit  he  would  go  up  to  London  with 
the  propli?  there  prcstint. 

Wlio  were  uc  ? — We  Englishmen  were  in 
such  a  condition,  that  rather  tlian  submit  to 
it  he  would  go  up  to  London  with  the  people 
there  present,  but  he  did  not  say  for  whaL 

How  many  were  the  people  present  with 
whom  Mr.  Yorke  was  to  rome  up  rather  than 
to  submit  to  the  degraded  state  in  which  the 
people  of  Kngland  were  ?— There  might  be 
perhaps  160,  or  perhaps  UOO. 

Was  this  at  one  of  the  meetings  of  the  so- 
ciety?—With  some  others. 

i)iU!  of  the  gener.d  meetings  ?  —Yes. 

Composed  of  mem  hers  of'  tho  society  and 
of  others  ?  —Yes. 

One  of'  I  he  Jury. — He  would  go  up  with 
them  to  London,  and  wiiat  then  ? — He  did 
not  draw  any  inference. 

Mr.  Gainm,  —  Was  that  after  you  liad 
heard  any  thing  \\\h,\\  liie  subject  of  arming? 
— 1  think  it  \va»i  UiUnv. :  to  the  host  of  my 
memory  it  was  heture  tuat,  but  I  am  not  per- 
fectly clear  in  that. 

Was  that  iUli\crr.l  tVom  the  tribune?— 
Delivered  from  the  |)i.iC(;  which  wai  Mmictiiiics 
called  so,  and  s«)inetinies  calKd  a  pulpit. 

It  was  from  xUn  t.TiiLu's  rlevatioii  thattbi? 
speech  was  delivcied? — Yes. 

2  K 


611] 


85  GEORGE  lU. 


Trial  ^  Thamiu  ihrdy 


c«» 


Perhaps  having  brought  that  to  your  me* 
inory  may  enable  you  to  recollect  some  other 
accompanying  expressions  ? — I  do  not  recol- 
lect any  other  that  gave  me  any  pain  at  the 
time,  what  was  the  cause  of  my  remembering 
that,  was  the  pain  I  felt  at  the  time. 

What  was  it  that  occasioned  any  sensation 
of  pain  in  you  at  that  declaration  of  Mr. 
YorKe? — Why,  1  fear  God  and  honour  the 
king. 

And  therefore  you  felt  pain  at  that  declara- 
lion  of  Mr.  Yorke? — Yes. 

Now,  either  at  that  or  any  other  of  these 
meetings,  do  you  recollect  any  of  these  ex- 
pressions of  Mr.  Yorke  \ — I  do  not  recollect 
any  expressions  that  so  struck  me  as  that. 

I  do  not  know  whether  you  have  seen  this 
paper  before  ?  [showing  the  witness  a  printed 
paper]— I  never  saw  this,  but  I  saw  one  from 
which  this  was  taken. 

Have  you  seen  a  pamphlet  of  which  you 
believe  that  to  be  one  copy  ? — Yes. 

Look  at  this  [showing  the  witness  another 
printed  pamphlet,"  the  fast-day  as  observed  at 
Sheffield*']  have  you  seen  that  before  ? — I  have. 

Do  you  remember  the  circumstance  of  a 
proclamation  for  a  general  fast  to  be  held  the 
28th  February,  1794?— Yes. 

In  what  manner  was  that  fast  observed 
upon  the  Castle-hili  at  Sheffield  ? — ^It  was  not 
at  the  Castle-hill. 

Where  was  it? — At  the  top  of  the  town  in 
'another  place. 

In  the  open  air? — Yes. 

Were  you  there  ? — I  was. 

What  number  of  persons  do  you  think 
might  be  assembled  for  the  purpose  of  ob- 
serving that  fast  ? — Not  so  many. — 

Lord  Chief  Justice  Eifre, —  How  is  that 
evidence. 

Mr.  Attorney  General, — Your  lordship  will 
recollect  that  wc  read  a  resolution  from  the 
books  uf  the  Constitutional  Society,  thanking 
the  neoplc  of  Sheffield  for  the  manner  in 
which  they  had  spent  the  fast-day. 

Mr.  Gurrmo. — With  this  addition,  that  the 
printed  paper  in  my  hand  was  found  in  the 
prisoner's  possession. 

Broomhead. — I  cannot  ascertain  the  num- 
ber, but  there  were  not  so  many  as  upon  the 
Castle-hill. 

About  how  many  do  you  think  might  be 
as.«mniblcd?  —  I  cannot  tell  properly,  there 
might  be  a  thousand  or  two. 

Tell  us  the  manntr  in  which  you,  together 
with  that  asbcmbly  of  a  thousand  or  two,  ce- 
lebrated that  fast ;  is  the  manner  in  which  it 
is  reprebcnted  in  this  printed  paper  that  I 
showecl  to  vou  correct  ? — ^To  the  best  of  my 
knowledge  It  is. 

What  might  the  number  of  your  society 
properly  so  called  amount  to  ?— Nearly  600, 
more  or  less. 

Are  you  divided  into  divisions? — Such  a 
mode  has  been  advised,  but  was  not  regularly 
kept 

By  irboiA  bad  that  mode  been  advised?* 


I  do  not  recollect  because  that  was  advised,  t 
believe,  before  I  was  a  member. 

Do  you  think  that  600  was  the  full  amount 
of  the  members  of  your  society  at  its  greatest 
extent ;  do  you  believe  it  ever  amounted  to 
2,000? — ^No  such  thing,  because  I  wrote  the 
tickets  down. 

The  distribution  into  divisions  or  sections 
was  not  regularly  executed  ? — No. 

What  was  done  towards  that  ?— There  were 
a  kind  of  books  delivered,  called  distiict 
books ;  they  were  not  regjularly  attended  to^ 
that  is  all  I  can  sav  about  it. 

What  was  the  object  of  the  distribution  of 
these  district  books,  where  did  they  issue 
from  ?— They  were  printed  by  Joseph  Gale. 

By  whose  directions  ?— They  were  printed 
before  I  joined  them.  ^    * 

Were  the  society's  books  printed  by  Gale, 
one  of  your  members  a  printer  at  Sheffield; 
—Yes. 

To  what  persons  were  they  distributed,  and 
for  what  puqiose? — ^l*he  members  of  the  ao^ 
ciety,  divided  into  as  we  ma^  term  them  see« 
tions,  they  were  called  distncts. 

What  was  to  be  the  mode  in  which  these 
districts  of  the  society,  were  to  assembU 
themselves?  —  They  were  to  meet  if  thier 
thought  proper,  to  collect  pennies  ^a  week 
principally,  a  penny  a  week  from  each 
member. 

Were  there  any  regular  periods  at  which 

the  several  sections  or  divisions  were  to  ooo^ 

,  municate  in  one  general  assembly,  or  was 

that  lefl  to  an  emergency? — Such  a  thing 

^vas  mentioned,  but  it  never  was  executed. 

What  was  mentioned,  but  not  executed  l«- 
About  these  persons  meeting  to  whom  the 
book  was  delivered,  but  it  was  never  put  in 
practice. 

So  that  the  district  meetings  were  not  so 
regularly  attended  to,  if  I  understand  you,  as 
the  general  meetings  of  the  society? — ^No, 
not  properly  attended  to. 

Mr.  Edward  Lauzun  called. 

Look  at  these  pamphlets  (tlie  fast-day  as 
observed  at  Sheffield,  and  a  serious  lectured 
where  did  you  find  them? — I  found  both 
these  in  Mr.  Hardy's  house. 

Mr.  Garrow  to  WilUam  Broomhead,  Afler 
the  serious  lecture  was  read,  there  was  a  hymn 
prepared  I  believe  ? — Yes. 

Who  prepared  that  hymn  ?— Gale  printed  it 

Who  composed  it?— I  behcve  it  was  com- 
posed by  one  Montgomery. 

That  was  sung  in  full  chorus  by  the  wbok 
assembly  ?— Yes  it  was  !<ung. 

By  whose  order  were  these  two  pamphlets 
printed  and  published  ? — I  believe  they  weas 
printed  by  Joseph  Gale. 

By  whose  order,  and  at  whose  expense  i^ 
They  were  sold. 

But  there  is  an  expense  incurred,  in  prin^ 
ing  and  publisliiug  before  Uie  sale  i«im- 
bur8e8?-4oseph  Gale  did  not  receive  any 
money  before  the  sale.  ^* 


UIM] 


Jbr  High  Treason* 


Who  ordered  it  lo  l>e  printed?— I  believe 
it  was  a  private  matter 

Who  furDished  the  copy  to  Gale  ? — I  do 
not  know  for  certam. 

Who  read  Ihe  lecture? — A  genlieman  from 

Do  you  know  of  any  proceedinffs  of  the  so* 
ciely,  of  the  committee,  or  of  Yorkc,  respect- 
ing printing  and  pubUshing  these  two  pam- 
phlets ?—l  do  not  recollect  any  at  present. 

Were  Ihey  in  general  distributed  throygh 
the  tuwn  ot  Sheffiehl  ?— They  were  sold. 

Do  you  know  of  your  own  knowledge  whe- 
ther the  sale  was  extensive  or  not  ?— 1  think 
not  very  extensive. 

There  is  a  prayer^  who  composed  thai,  do 
you  know  I — Myself. 

Whom  was  that  delivered  by  ?  -By  myself- 

From  notes,  or  extempore  ? — It  was  extem- 
pore. 

You  had  writteo  it^  and  committed  it  to 
memory,  perhaps  ?— Ye^. 

What  became  of  the  copy  ?— Indeed,  I  do 
Bot  know ;  I  toak  no  account  of  It ;  it  was  de- 
livered to  be  printed. 

By  whose  directions  ? — I  do  not  recollect ; 
ijt  was  at  a  private  meeting  that  that  wa^ 
spoken  of* 

A  private  meeting  of  what  ? — Several  mera- 
bers  of  the  society. 

Tcli  me,  if  you  know  tlieir  names,  John 
Paine,  of  Newhill  ?— *I  Lave  heard  the  name, 
hut  i  do  not  know  the  person. 

Was  he  a  member  of  the  society  ? — I  believe 
he  might  be. 

Mr,  GarretD. — It  is  in  evidence,  that  he 
was  one  of  those  seal  up  by  their  secretary  to 
the  London  society. 

Y^ou  know  Joseph  Gale? — Y'es. 

He  was  a  member? — Yes, 

And  Jose|)h  Smith  ? — Yes, 

And  David  Martin  ? — Yes. 

.  Mr,  Cartow, — It  is  not  worth  while  going 

Ihrmigh  the  names;  they  were  sent  up  to  tlie 

ConstiUitional  Society,  to  be  afHliated  with 

them,  wliich  is  pr<*of  that  they  were  members. 

Exuacts  read  from  a  printed  pamphlet,  inti- 
tuled, "  Proceedings  of  the  Public  Meet- 
ing, held  at  Sheffield,  in  the  open  air,  on 
the  7  th  of  April,  1794  f  and  also  an  "  Ad- 
dress to  the  British  Nation,  being  an 
Exposition  of  the  Motives  which  have  de- 
termined ihe  People  of  Shefiield  lo  peti- 
tion the  House  of  Commons  no  more  on 
the  Subject  of  ParUamcntary  Reform, 
Printed  for  ttie  Sheffield  (Constitutional 
Society/* 

'*  Proceedings  of  the  Public  Mceting- 

**  In  pursuance  of  a  public  advertisement,  a 
general  meeting  of  the  Friends  of  Justice,  Li- 
berty, and  Humanity,  was  held,  at  three 
o*dock  on  Monday,  the  7  th  of  April,  1704,  on 
the  Castle-hill,  in  Sheffield,  to  consider  upon 
the  propriety  of  addressing  the  king,  in  behalf 
of  the  persecuted  f»atnot3|  dti^u^  Mulr^  Pal- ' 


I 


A.  D.  1794.  [614 

raer,  Skirving,  Margarot,  and  Gerraldj  also 
of  again  petitioning  tliC  House  of  Commons 
for  a  reform  in  tlie  representation  of  the  peo- 
ple, and  to  determine  upon  the  propriety  of 
petitioning  tltc  king,  for  the  total  and  unqua- 
lified abohtion  of  negro  slavery* 

"  Nolwithstainling  the  inclemency  of  the 
weather  (very  severe  rains  having  fallen  until 
within  a  quarter  of  an  hour  of  the  appointed 
time  of  meeting),  from  leu  to  twelve  thousand 
people  were  assembled  on  the  occasion : 

**  HENRY  VORKE   having  been   voted   t(>j 
the  Chair, 

"  The  business  was  opened  by  reading  tli 
foliowiug  Address  to  the  king,  in  beliaif  of  ih 
suBering  patriots : 

*•  TO  THE  KIXG, 

**  An  Address  from  the  Inhabitants  of  th  ^ 
Town  and  "Neishhonrhood  of  Sheffield, 
in  the  Cotuily  of  York. 

"  SiRf:;— We,  the  undersigned, bein^  warm 
friends  4>fh belly  laid  the  rights  of  man,  feel 
ourselves  detjjly  alfccted  by  the  frcnttnces 
which  have  lately  been  passed  in  your  ma- 
jesty's courts  of  Scotland,  upon  citisiens  Muir,^, 
Palmer,  Skirving,  Margarot,  and  Gerrald. 

**  Had  Ihe&e    men   been    really    guilty 
crimci^    their    puni^^hnieat  should    donhtlesi 
have    been  proportionate   to   their  otlences^ 
but,  so  far  from  cuosidering  it  as  a  crime  for  a 
man  to  use  every  constitutional  means  in  hia 
power  to  effect  a  reform  in  the  Comn»ona 
Ilouse  of  Parliament,  we  think   that  every  i 
man  who  thus  exerts  himself,  de&erves  well 
of  hh  country  i  since  we  are  persuaded  that 
nothing  short  of  the  accomplishment  of  sucli,  ^ 
a  reform  will  restore    peace    and  happineeti 
to  our  present  aggrieved  and  injured  natioiL     < 

**  Wc  trusted  also,  that  your  majesty  enter*; 
taincd  the  same  opinion  with  us  of  sue" 
exalted  conduct,  from  your  majesty's  having 
chosen  for  your  most  confidential  servants  iq 
the  state,  men  who  had  singutarly  distid 
l>juished  themselves  by  their  patriotic  exer- 
tions in  the  cause  of  parliamentary  reform  : 

**  But  the  friends  of  these  sufferers  having^! 
brought  their  case  before  parliament,  without 
producing  the  desired  effect — the  pruicipal  of 
liicse  very  servants  of  your  roajesly  having 
opposed  the  measure  with  all  his  corrupt,  but 
irresistible    inHueoce — seeing    no    other    re- 
source, we  approach  your  majesty  in  this  ad- 
dress, to  in  treat  your  m^esty  to  interfere  in 
behalf  of  these  (whom   we    deem)  innocent 
men,  with  that  power  which  the  British  coti*  ^ 
slitulion  has  placed  in  your  majesty,  of  par- 
doning whom  your  majesty  pleases — a  privUr" 
lege  which  is  sometimes  graciously  extended 
even  to  real  and  palpable  iriminals, 

*^  Let  it  not  be  recorded  in  the  history  of 
this  country,  that  king  George  3rd,  or  any  of  J 
his  judges,  trausportetTmen  for  fourteen  years,  4 
because  they  tiad  dared  to  &peak  the  Jsi^niau 
words  upon  a  speculative  subject,  which,  it 
the^  were  not  the  immodute  xoeaus  of  ad-J 


(il5J  35G&OHGB  III. 

▼ancing  his  majesty's  then  prime  minister  to  i 
his  hish  situation,  caused  his  election  to  be 
remarkably  pofmlar :  let  it  not  be  said,  that 
men  of  education,  of  refined  sentiments,  of 
the  most  virtuous  and  benevolent  characters, 
were  severed  from  their  dearest  conneTions, 
and  plunged  into  dungeuns  with  thieves  and 
prostitutes :  let  it  not  w  said,  that  fathers  were 
torn  from  their  wives  and  children,  and  sons 
from  their  aged  parents,  becau<)ie  they  had  the 
virtue  openly  to  condemn  the  acknowledged 
corruptions  of  government,  and  to  exert  every 
peaceable  means  in  their  power  to  remove 
them :  let  it  not  be  said,  that  it  was  as  great 
a  crime  to  speak  the  truth,  as  to  ha  guilty 

of  lELOKY.  * 

"  But  rather,  O  king,  let  it  be  recorded, 
that  George  Srd  had  the  wisdom,  the  huma- 
nity, and  the  justice,  to  step  in  betwixt  these 
severe  and  cruel  sentences  and  their  execution. 

**  Tliebe  are  our  desires— thete  our  plain 
sentiii.ents.  We  know  they  arc  surli  as 
your  majesty  is  unaccustomed  l<»  hear;  but, 
if  they  are  supported  by  tnilh  and  reason, 
sufter  not  the  homeliness  of  our  manner  to 
oA'end  yiAiT  majeslv.  VVe  arc  plain  ip.e ii,  and 
will  nottiatlera  king.  If  our  wishes  be  at- 
tended to,  we  are  persuaded  it  will,  in  some 
good  degree,  liu-jh  tlie  niuimurs  wliirh  unrea- 
sonable severity  in  a  government  never  fails 
to  excite;  and  it  may  also  avert  that  ^^/^w, 
which  it  is  but  too' evident  has  long  bren 
awfully  gathering,  and  which  may  bnr^t  forth 
in  a  moment  when  your  majesty  *ti links  not." 

"  The  address  beini^read,  and  reteivcd  with 
repeated  applauses,  lltNnY  Yohki:  addresstd 
the  meetinj;  in  support  of  tlif  mcastire.  He 
obser>'ed,  that  the  rause  for  which  our  eoun- 
trj'men  were  now  stiftering,  was  the  same  as 
had  been  advocated  in  the  year  1715:?,  by  Mr 
Pitt,  the  duke  of  Richmond,  and  oth»T  men, 
who  were  at  this  time  pensioners  and  place- 
men under  the  actual  government ;  that  a 
convention,  for  the  purpose  of  uhiaiiiiiiL:  a 
jjarliamentary  reform,  had  been  hrl<l  a».  the 
rhatchetl  House  Tavern,  in  which  these  mm 
went  as  delegates,  or  acted  as  a^isistants  ;  tliat 
it  was  cruel,"  if  not  unjust,  to  punish  men  for 
followini^  the  example  whirh  tiiose  in  power 
had  set  them.  The  question  was  not  a  ques- 
tion uf  co/n-enicncey  but  of  ris^ht. — It  was  not 
enough  to  say,  that  the  people  were  /«)n//cr(y 
represented,  but  that  they  had  a  ri^ht  to  he 
represented  nuu-.  Did  the  ministry,  thorc- 
fore,  mean  to  assert,  that  what  wa^i  right  to- 
day, was  wrons;  to-morrow  ?  l>id  they  mean 
to  deilar«»,  in  the  lace  of  the  world,  that  what 
vras  in  conformity  to  the  maxims  of  justice  at 
that  time,  should,  in  so  short  a  space,  bo 
deemed  //;</«</,  and  punished  as  a  crime  Y 

"  After  having  expatiated  considerably  on 
this  very  important  sulijcct,  he  proceeded 
with  obsening,  that  in  aJI  omintries  where 
severe  and  sanguinarr  fmnishments  were  en* 
couraeed.  mp"  ai^-M  fc*~-  -^  alfivtion  tor  tha 


Trial  of  Thofnas  Hardy  [5F6 

obedience  to  it  could  result  solely  from  mo- 
tivcs  of /ear.  That  liberty  of  opinion  could 
not  be  denied  to  any  free  country,  without 
denying  at  the  same  time  the  rights  of  the 
people.  That  nothing  argued  -more  strongly 
against  a  government  than  the  uniform  de- 
sign of  depriving  the  people  of  this  liberty ; 
that  it  was  a  proof  that  something  went 
wrona  ;  and  that  even  covernors  were 
asliamed  of  their  conduct,  when  the  right  of 
discussion  was  violated,  or  put  an  end  to. 
The  civil  liberty  we  enjoyed  in  our  country 
was  the  effect  of  politicaidiscussion;  and  its 
political  liberty  would  have  lonz  since  been 
restored  and  secured,  if  our  rulers  had  not 
interposei)  to  weaken  or  annihilate  this  risht: 
firs".,  by  giving  a  power  of  decision  to  judges^ 
which  the  ancient  law  of  the  land  did  not  ac- 
knowledge :  secondly,  by  confounding  the 
truth  with  the  fact  of  publication :  and, 
thirdly,  by  having  punished  with  the  utmost 
severity  libels  in  private  cases,  to  prepare  the 
piil)iic  mind  for  those  severe  sentences  in- 
public  ones,  which  dishonoured  and  irritated 
the  nation.  It  had  been  lately  the  fashion  to 
confound  government  with  the  constitution, 
and  the  ministry  with  the  government.  To 
o])pose,  tlieretore,  the  mad  and  wild,  if  not 
criminal  schemes  of  administration,  was  to 
oppose  government,  and,  by  this  mode  of 
reasoning,  to  oppose  government  was  to  be 
an  enemy  to  the  constitution.  A  govern- 
ment can  never  give  a  more  authentic  proof 
of  its  pro  pension  to  tyranny,  and  of  the  im- 
propriety, as  well  as  impolicy  of  its  measures, 
than  by  restrainm*;  or  forbidding  the  liberty 
of  discussinj;  publicly  matters  of  le>^islation 
and  policy.  It  is  debasing  the  character  of 
man,  us  an  intellectual  bein?,  to  deny  him 
the  ri'j;ht  of  inquiring  into  tliat  which  even 
governors  allow  was  made  for  his  use,  namely, 
government. 

"  To  punish  inquiry,  severity  is  exercised 
for  imaginary  guilt.    But  what  is   the  eftect  ? 
>lischiO  is  prolific:    violence  in  govcritment 
brgfts  rr<enlment  in  the  people,  wtio  iTiiirmiir 
and  exclaim :    government  is  provoked,  and 
studies  vengeance.     When  one  act  of  ven- 
ireance  is  exposed,  more  always  follow.     Af- 
fection  is  lost  on   both  sides,  and,  what  is 
worse,  is  irrccovera])le.     Hatred  begins;  and 
the  government  and  the  people  being  at  va- 
riance, consider  each  other  no  longer  as  ma- 
gistrate and  subject,  but  as  mutual  enemies. 
Ilenre  the  inhun-an  wish  of  Caligula,  thai  he 
could  murder  all    the  people  at   one  blow. 
The  sequel  is  in  order  :    he  is  continually  de- 
stroying them;  they  are  continually  wishing 
him  dcbtrojfed.    Such  conduct  had  the  fatal 
tendency  of  cramping  the  genius  of  men,  and 
of  rcplunging  the  nation  into  a  state  of  bar- 
barism with  rcffanl  to  their  religion,  their 
.  laws,  their  morals,  and  their  government,  and 
j  to  keep  them  ignorant  of  the  most  important 
I  wnwns  in  their  trade,  their  splendour,  their 
I  ichcitv ;  whilst  all  the  nations  around  them 
'vjiiuviug  themselves  in  morala  and 


ei7] 


for  High  Treasaitt 


A.  D.  1794. 


[618 


polkv,  by  the  daring  efforts  and  concurrence 
of  enlightened  men,  whose  views  were  directed 
to    those    objects    alone  wliich   were  really 
worth  their  attention.    The  reasoning;  of  a 
lovemment,  which  prohibits  information,  is 
defective  in  every  particular ;   its  progress  is 
not  to  be  stopped,  nor  even  to  be  checked, 
wiUiout  manifest  disadvantafi;e.    Prohibition 
has  no  other  effect  than  to  Irritate  men ;  to 
inspire  them  with  an  idea  of  insurrection,  and 
to  gite  to  all  their  writings  a  libellous  ten- 
dency.   Severe  and  arbitrary  sentences  may 
intimidate^  but  they  cannot  convinct  a  nation. 
It  is  by  reason  and  argument  alone,  opposed 
to  apparent  reason  and  apparent  ar^raent, 
that  a  ^vemment  can  hope  to  be  victorious 
over  its  mtemal  enemies,  or  render  itself  per- 
manent by  the  c[uiet  and  conscientious  con- 
currence of  all  its  citizens.    It  is  doing  too 
mnch   honour  to  innocent   subjects  to  be 
akmed  at  a  few  pages  of  writing,  or  at  a  few 
fiigitive  orations,  when  barracks  are  erected  in 
a  cotintry,  and  60,000  armed  mercenaries  are 
ready  to  execute  the  mandates  of  govem- 
inenL    Experience  had  proved,  that  the  ri- 
gorous prosecutions  which  had  lately  taken 
place  throughout  Endand,  and  that  the  cruel 
sentences  which  had  disgraced  the  capital  of 
Scotland,  had  not  answered  the  purpose  of 
establishing  arbitrary  power,  and  of  crushinz 
the   rebellion  of  honest  minds.    Although 
there  is  no  spirit  so  erect  and  independent  as 
not  to  be  broken  by  the  lon^  continuance  of 
the  kileut  and  indorious  sufferings  of  a  gaol ; 
yet  it  had  been  ^und,  that  men  were  proud 
to  step  forward  in  this  most  stormy  season, 
when  such  terrible  examples  of  leeal  ven- 
geance had  been   held  up  before  uiem,  to 
plead  the  ancient  rights  of  their  country,  to 
unmask  the  infamy,  intrigue,  and  murderous 
projects  of  administration,  and,  according  to 
the  principles  of  the  purest  benevolence,  to 
assert  the  liberty  of  the  whole  human  race. 
The  present  times  bore  a  strong  and  marked 
resemblance  to  those  terrific  ages  when  priests 
hcM  their  dominion  over  the  minds  and  con- 
sciences of  men,  and  wlien  they  endeavoured 
Co   establish  the    reign    of   intolerance    and 
orthodoxy  »niid>t  Hakes  of  fire,  and  streams 
of  human  blood.    All  history  had  evinced, 
that  every  atteinpt  to  curb  and  bridle  the  ex- 
pansion  of  the  himiau  mind  had   hecn    in- 
effectual ;     it   hud    evinced,    that    opinions, 
though  smoihertd  for  a  time,  burst  forth  with 
redoubled    fury,    and    were    victorious   over 
power;  it  had  evinced  the  triumph  of  reason 
and    truth   over   prtjiulicc  and  siiporsiition, 
and  that  liberty,  whether  oi  opinion  or  per- 
son, however  y\uw  in  its  progress,  had  uni- 
ibrnily  moved    forward  towards  its  destined 
goal;  and  that  even,  at  this  moment,  the  in- 
terruptions which  had  been  apposed  to  it  in 
our  own  country,  although  they  might  be  in- 
jurious to  individuals,  wouldfinaiiy  obtain, 
confirm,  and  establish  tlie  rights  of  the  peo- 

6      Conscious   of   their   uprightness,  the 
nds  of  freedom  had  persevered  in  their 


noble  cause,  unappalled  by  the  influence  of 
spies  and  informers,  and  by  the  threats  of  a 
corrupt,  a  crazy,  ami  wicked  administration. 
In  so  doing,  \X\Hy  had  acted  in  perfect  con- 
formity to^the  principles*  of  virtue,  without 
which  no  man  could  be  a  friend  to  his  coun* 
try,  and  a  lover  uf  mankind.  Its  essence  con- 
sisted in  the  regulation  of  our  conduct  by 
such  moral  axioms  as  are  licst  calculated  to 
promote  the  general  hapiriness  of  our  fellow, 
creatures;  and  as  it  frequently  happened, 
that  the  happiness  of  the  individual  stood  in 
direct  opposition  to  that  of  the  public,  it  is 
the  perfection  of  virtue  in  individuals  to  sa* 
crifice  their  own  happiness  to  that  of  the 
public.  A  man,  in  possession  of  this  virlnoot 
principle,  feels  delisht  whilst  actuallv  burn- 
ing in  the  brazen  bull  of  Phalaris;  and  such^ 
he  trusted,  was  the  actuating  principle  of 
those  generous  patriots,  who  are  become  will- 
ing victims  of  the  most  barbarous  and  savag;e 
sentences  that  ever  had  been  pronounced  lo 
Britain;  who  had  made  a  glorious  stand 
against  arbitrary  power,  and  who  broke  loose 
from  the  fondest  endearments  of  human  life, 
in  the  hope  of  redeeming  their  lost  country 
from  the  fangs  of  a  dark  and  brooding  preju- 
dice, and  from  the  horrors  and  turpitude  of 
an  iniominious  slavery. 

'Mt  was  the  tyranny  of  the  ^tish  ^vem- 
ment  which  drove  William  Penn,  with  the 
philosophic  people  called  Quakers^  to  the  de* 
lectable  regions  of  Pennsylvania,  where,  by 
toleration,  industry,  and  permanent  eredi^ 
they  revived  the  simplicity  of  the  primitive 
aMs  of  society.     It  was  the  same  tyranny 
wliich  has  driven  into  voluntaay  exile,  or 
forced  by  law  into  banishment,  the  most  vir- 
tuous of'^men,  the  first  of  philosophers,  the 
most  exalted  and  courageous  band  of  patriots 
!  that  ever  honoured  the  soil  of  Britain.  Among 
•  the    furnier    Joseph    Priestley,    one  of  the 
'  most  profound  philosophers  of  the  age,  and 

■  most  meek  ana  amiable  of  citizens,  claims 
the  sad  pre-eminence ;  and  among  the  latter, 

\  stand  the  names  of  those  persecuted  patriots, 

in  whose  behalf  we  are  now  about  to  address 

.  the  executive  magistrate  of  our  country — a 

■  m»blc  and  a  generous  band,  whose  sufferings 
do  not  claim  our  pity,  because  they  boil  up 

\  our  rage ;  whose  sentences  disgraced  those 
I  who  pronounced  them,  not  those  on  whom 
!  they  >^cre  pronounced;   whose  condition  is 
j  enviable,  because  honourable,   and   to   the 
I  whole  oif  whose  opinions  and  conduct,  no 
!  |!ood  man,  or  honest  citizen,  can  give  one 
i  disventient  voice  !     In  times  like  these,  when 
a  man  is  mocked  and  insulted,  because  he 
bears  the  name  of  a  patriot,  an  epithet  once 
honoured  bv  the   people  of  England ;  at  a 
time  when  those  who  nave  the  courage  and 
magnanimity  not  to  flatter  their  country,  are 
deserted,  betravcd,  and  persecuted,  what  ho- 
nours are  sufhcient  for  those  who   thunder 
tnith  against  tyranny  ?    What  disgrace  ought 
not  to  await  those  timid  beings,  Uiose  nega^ 
trs€  patriots,  who  keep  aloof  from  chs  smait^ 


619J 


S5  GEORGE  III. 


clion,  aiid  riot  on  their  country^s  wrongs  ? 
r^hen  OUT  nation  shall  be  regenerated,  these 
persecuted  men  will  wear  civic  crowns.  In 
the  political,  aa  in  the  moral  world,  the  friend 
who  appears  to  soothe  our  dislreuses,  excites 
our  esleevu;  and  he  who,  in  ralaraitous  times 
bat  tr>  men'6  souls,  sacrifices  interest,  friends, 
nd  home,  in  order  to  save  his  sinking  coun- 
try, merits  well,  not  only  of  every  Briton,  but 
otVll  mankind,  and  even  of  the  governroenl 
under  whi< '   '     ' 

**  Fellou  r  he  day  is  at  length  ar- 

rived, when  *.int.«*.i^m  and  superstition,  de- 
prived of  their  tinsel  trappings,  and  exposed, 
in  their  native  ugliness,  to  the  view  of  man- 
kind, slink  srowhug  back  to  the  cave  of  ob- 
&curity;  there  I  hope  they  will  for  ever  re- 
main. The  eacrg;^'  of  Englishmen  will  no 
longer  endure  this  strange  uproar  of  injustice* 
I  trust  my  countrymen  arc  sick  of  rchgious 
and  polilfcal  imposture  ;  and  that  their  deci- 
sive and  manly  conduct  will  command,  in  an 
imperious  tone  which  will  take  no  denial,  not 
a  melioration  of  these  enormous  abuses,  which 
i4"Ould  be  to  compromise  with  injustice ;  but 
I  trust  they  will  demand  tiie  annihilation  of 
corruptions  and  abuses,  and  a  restitution  of 
the  original  rights  of  human  nature*  I  ask 
of  our  governors,  this  plain  question,  is  it  better 
that  Uie  people  should  he  in  a  constant  state 
of  stupidity,  than  that  they  should  he  some- 
times turbulent? — Ministers  of  state,  if  ye 
niean  to  be  wicked,  snflcr  the  people  to  write 
and  speak ;  you  will  find  men  corrupt  enough 
to  serve  you  according  to  your  evil  desires, 
and  who  will  improve  you  in  the  art  of  Se- 
janns.  Jf  you  mean  to  be  good,  permit  them 
to  write,  you  will  find  some  honest  men  who 
will  improve  you  in  the  art  of  a  Turcot.  How 
many  things  are  ye  still  ignorant  of,  before 
you  can  become  great  either  in  good  or  in 
evil  ?  I  see  no  glor)',  no  advantage,  no  plea- 
6ure,  no  safety,  in  any  man  rei^nmg  a*^  a  suU 
tan  over  slaves,  Such  a  horrid  pre-eminence 
tarnishes  the  lustre  of  the  most  exalted  sta- 
tion. It  is,  hc&idc?*,  precarious,  for  sultans 
are  frequently  deposed,  and  vengeance  wreak- 
ed upon  them. 

"  I  need  not  invite  you,  fellow  citizens,  to 
feci  for  any  liuman  being  who  suflers,  much 
less  need  I  solicit  your  approofof  the  present 
measure,  after  the  general  testimony  of  satis- 
faction you  have  eiven  of  it,  Vou  are  too  en- 
lightened to  nccu  the  atd  of  any  instruction 
from  me,  and  ynttr  understandings  are  too 
nil!  '  '         '  tu  require  that  your  passions 

si  !  ujx>n.     Whilst  the  unerring 

triiaui.u  ui  jpijsiuiily  shall  condemn  with  scorn 
and  dcnsion,  with  execmtion  and  disgust, 
those  inhuman  l*  "^'  -  ^*!io  have  been  the 
cauMSS  of  such  uii  und  inhucmui  se- 

verilv*  our  rtcr^*  tin   v\ 111  ijiiLuii  a 

Vr: 

a^tfb  bituli  heap  abound  their  niM 
phiem  of  undymg  fame;  and  an 
and  rc|>cutant  people,  shall  eiuroil  iUui  iiaiuc^ 


Trial  qf  Thomm  Hard^ 

in  the  volume  of  histor}-,  which  records  also 
the  names  of  Sidney,  Hampden  and  Locke! 

**  The  following  Resolutions  were  tiien  read 
three  times  over,  atid  with  the  exception  of 
one  or  t^o  persons^  were  tmanimousl/ 
adopted : 

'*  1.  That  the  people,  being  the  true  and 
only  source  of  government,  the  freedom  of 
speaking  and  writing  upon  any  subject,  cao- 
not  be  denied  to  the  members  of  a  free 
vernmcnl,  without  offering  the  grossest  i 
to  the  majesty  of  the  people. 

"  2,  That  therelbre  the  condemnation  of 
citizens  Muir,  Palmer,  Skirving,  Margarotiand 
Gerrald,  to  transportation,  for  exposing  the 
corruptions  oj'  the  British  government,  was 
an  act  belter  suited  to  the  maxims  of  &  despo- 
tic than  a  free  government. 

**  3,  That  the  address  wliich  has  now  been 
read,  be  presented  to  the  king,  in  behalf  of 
the  above  persecuted  patriots. 

'*  On  the  second  reisolution  being  proposed^ 
an  hiss  was  heard  Irom  dilferent  parts  of  the 
meeting,  in  consequence  of  one  or  two  per- 
sons holding  up  their  hats  against  it ;  on  gb* 
serving  which,  11.  Yorre  tlius  addressed  tbo 
meeting: 

"  Fellow  Citizens ;— As  your  chairman  I 
call  you  to  order.  As  an  individual,  I  muftt 
observe,  that  this  hissnig  is  repugnyjit  lo  th© 
principle  of  toleration  or  freedom,  which  wa 
wish  to  see  established,  Wc  liave  this  roo^ 
menl  read,  and  ^ivcn  our  assent  to,  an  ad- 
dress to  the  kinz  in  favour  of  liberty  of  opinion ; 
let  it  not  be  sam,  that  we  are  the  first  to  violate 
Ihatliberty  in  others,  \vhich  we  claim  for  our- 
selves. Opinions  will  always  vary,  even 
amongst  tlie  wisest  and  bcbt  ot  men.  Wq  ara 
boimd,  therefore,  to  show  tenderness  to  tha 
opinions  of  others,  and  com  pi 
their  prejudices.  Let  our  ent  j 
consecrate  by  our  example,  wii^ii  v 
sec  established  as  a  principle.  Hi- 
convince  ;  they  lend  only  lo  irrilatr  i 
and  to  beget  the  ill-will  of  our  felhi 
let  us,  on  the  contrary,  confront  u_  .. 
the  weapons  of  reason  and  truth,  the  on 
logic  of^  liberal  minds.  Every  thing  whic 
has  a  tendency  to  stir  up  the  passions  wit 
awakening  the  tmderstanding  is  unbccomix: 
of  freemen,  or  of  men  who  would  be  free/' 

*'  These  well-timed  observations  had  the 
good  cfiect  of  preventing  any  further  signs  < 
mtolerance;   and  the  utmost   decorum 
vailed  throughout  the  conduct  of  the 
ness. 

"  It  was  next  moved,  *  that  a  ;-'  ' 
'  presented  to  the  House  of  Comni' 
'  reform  in  the  representation  of  lb- 
*parhamcnl  j'  but  so  marked  was  i 


(►toionly  by  a  lew  mun 
d:  upon  which,  Henry  V' 
uud  addressed  the  meotin|j  ni 


0Sil 


j^r  High  Trtatoftn 


A.  D.  ITM. 


[622 


ilieoch  of  fti)  bour  long^  tinil  of  which  it  U  im- 
p09Mblc  for  us  to  give  our  readers  a  just  con- 
ccntion.  He  look  a  geoeral  view  oi'  the  Bri- 
tish <!onshttition,  and  staled  il!>  most  promi- 
^^  which  \h<t  want  of  a 
-cntation  was  the  most 
ic  fiwcii  Li  considtrdble  time  qpon 
Bs  ^  and  then  jiraceedetl  to  lake  a 

'  the  exertions  which  had  been 
lit  periods,  and    by  diffcient 
$0U3,  vyf  |M  uuiutc  the  cause  of  parliaraentary 
re  form. 

4*  H,.  r.l^vrrvfJ  \\iry\  s\\^  subjcct  was  becomc 
(mer'^  loyed  to  deceive  thepeo- 

;    ji  AS  an  engine  to  raise 
)i  needy  and  ambitious  men:  that 

Ih'  ime  men  who  in  opposition  had  de- 

ckrvd  Ihttt  It  was  the  only  measure  of  saving 
the  country  from  niin^  were  the  first  to  repro- 
nlthe  measure  of  reform  when  they 
^ver.    From  the  comiptions  of  the 
"Xi  eniment,  parties  had  been  ^ene- 

r  U  in  their  route  to  power,  had  con- 

V  i  phindercd  the  empire.       Under 

t  r  I  uns  of  names,  principles  had  been 

and  for  the  sake  of  leaders,  whom 
had  f»x»lishly  idolized,  the  macliine 
Ticnt  rolled  on  amidst  the  fuuds  and 
.  of  warty.  Eternally  the  peace  of 
V  hao  l)cen  dii^turbed  by  tne  ran- 
Mimositie*  of  factions,  and  the  pco- 
pi*  I  of  turning  themselves  to  correct 

the  gtoft5  evils  which  existed  in  it,  had  ever 
befn  Ihc  tools  of  base  and  designing  men, 
il  prepared  to  whet  and  sharpen 
l^tl*    .         .  ds  one  against  another* 

was  now  high  time  ti)at  the  people 
'»y  a&ide  leadcr9,discard,  faclionsand  act 
elxfct,  lie  slronftly  inforced  these  prin- 
ad  then  entered  uito  a  complete  de- 
nit  constitution  as  established 
1  1  he  proved  to  be  at  this  lime 

tibial. ;  if  not  lost,    lie  then  pursued 

the  p  '  i»e  of  popular  liberty  m  Eng- 

lifid,  si.ir^liy  which  was  the  conse- 

^Qeot»  i  Norman  invasion ;  and 

takiog      ^  irh  of  our  history,  so  far 

as  il  was  connected  with  tlie  subject  of  popu- 
bf  rq>rtscnlatton,  he  made  some  strong  and 
painted  remarks  on  the  Revulutioa  in  1688, 
the  olyccl  of  which,  he  said,  was  not,  could  not 
be  ut&wercdf  unless  annual  parliaments  and 
momi  fuffra^e  were  reMx»red.  For  tins  he 
Iiidtfi*  ■*  ^ommers,  who  drew 

up  Ui>  ,  and  who  was  pro- 

fnotcri  ,  lur  his  popular  cxer- 

tiom  .  l^lf!epo<:h. 

**  '  that  the  Revolution  had 

r  )  the  ex  pectations  of  the 

y  -r  ^  *''*'  rri  nee  of  Orange 

piat9li  ^land^  than  all 

tdcai  '  mnual  partia- 

mecrta  were  ct^accd,  and  the  iHiKNiSt^L  act 
wii  Miscd  m  the  very  f;i(c  of  that  revolution, 
And  iJ3  difi  ti  to  its  principles; 

Ibr  Ibe  rcvi  >  <>  far  as  it  respected , 

1^  poo^t^V  ^^  ^^^  mtcudeU  to  be  a  compro- 


mise between  the  king  and  ihe  aristocracy, 
for  the  joint  inheritance  of  the  people,  but  to 
establish  on  unequivocal  principles  the  right 
of  the  people  to  govern  themselves,  and  to 
recall  those  delegated  powers  which  they  had 
entrusted  to  their  servants  for  this  purpose, 
when  they  were  either  abused,  or  neglected 
to  exercise  them.  If  the  revolution  were  not 
a  revolution  for  the  people,  it  was  no  revolu- 
tion at  all,  but  a  conspiracy  of  a  few  ennobled 
oppressors  against  the  liberties  and  happiness 
of  the  many.  But  if  it  \^*erc  designed  to  com- 
prehend the  people,  and  its  end  has  been  per^ 
verted,  or  purnosely  laid  aside,  the  people  are 
not  warranted  in  petitioning,  but  are  justified 
in  demanding  as  a  Rights  agreeably  to  the 
lone  of  language  used  in  the  declaration  of 
rights,  the  restitution  of  annual  parliamenta, 
and  the  establishment  of  universal  suffrage. 
But  tlie  shock  which  was  given  to  the  stabi- 
lity of  these  principles,  was  most  infamously 
flagrant,  by  tne  enacting  of  ihe  sfptennial 
ACT,  in  the* reign  of  George  1st,  If  the  act  of 
parliament  in  the  reign  of  Henry  6th,  erased 
from  the  roll  of  citizenship  stime  of  the  best 
members  of  the  community ;  the  enacting  of 
the  triennial  and  septennial  acts,  tilled  up  ta 
the  brim  the  measure  of  ii^overnnicntal  mi- 
quily,  and  iiourcd  forth  tlie  waters  of  hi  tier- 
ness  throughout  our  land, 

**  FtLLOw  UiTizr.KS; — Enough  of  prece- 
dent. The  human  race  has  long  been  rollinc 
down  the  tideof  ages  neglected,  unpiticd,and 
opprcsse*!.  Il  is  high  lime  that  the  devioua 
course  of  human  policy  should  not  be  left  to 
the  uncertain  issue  of  storms  and  of  elemental 
wars ;  but  that  the  machine  of  state  should 
be  guide d  by  the  polar  star  of  reason  alone, 
winch  is  never  seen  but  when  the  majcs^  of 
the  people  is  resplendent.  What  is  benL'hcial 
in  the  example  of  ages,  wc  ought  to  reserve 
with  caution,  What  is  injurious,  and  what 
is  only  toiembty  corapeleul  to  answer  the 
common  purposes  of  society,  ought  to  be  abo- 
lished. VVe  insult  ourselves,  when  we  ah* 
jcclly  distrust  the  powers  which  nature  has 
given  us;  nor  ought  wc  passively  to  acquiesce 
m  institutions  which,  though  injurious,  may 
he  preferable  to  those  Uiat  may  be  endured 
by  others.  Wc  insult  ourselves,  wheii  we 
foolishly  balance  between  tolerable  vice$  and 
poiitive  good ;  between  unnatural  systems,  and 
novel,  untried,  but  just  maxims*  The  human 
mind  is  progressive,  so  is  the  social  miod. 
Thai  the  one  Uierefore  should  remaiii  sta- 
tionary, amid  tlie  rapid  course  of  the  other 
towar<ls  perfection,  is  a  prejudice  as  unnatural 
as  it  is  injurious  to  the  happiness  of  man. 
The  governments  of  Europe  present  no  delect* 
able  symmetry  to  the  contcmolation  of  the 
philosopher,  no  enjoyment  to  tne  satisfaction 
of  the  citizen,  A  vast,  deformed  and  cheer- 
less structure,  the  frightful  abortion  of  haste 
and  usurpation,  presents  to  the  eye  ol  Ihe 
beholder  no  systematic  anungcmeui,  no  har- 
monious organization  of  society.  Chance, 
ba^,  lactioUj  lyrmmiyi  rcbellioD|  maS8«i(Tt% 


..Mk 


ets] 


36  6E0R6B  III. 


Trial  of  Thomas  Hardi/ 


and  tbc  hot,  inclement  action  of  human  paj^ 
sioDS,  have  begotten  them.    Utility  never  has 
been  tlie  end  of  Iheir  inbtitution,  but  partial 
interest  has  l»een  its  tiruit.    Such  aborainahle 
luid  abimrd  forms,  such  jarring  and  di<(sonai>t 
principles,  which  chance  has  scattered  over 
the  earth,  cry  aloud  for  something  more  na- 
tural, more  pure,  and  more  calculated  to  pro- 
mote the  happiness  of  mankind.    £x  periencc 
must  resulate  the  meclianism  of  governmenr, 
by  which  I  mean  not  a  narrow  and  con6ncd, 
but  a  liberal  and   enlightened  experience, 
wbichy  hearing  without  passion  or  prejudice, 
the  t^timony  of  ages  and  nations,  collects 
from  it  genera]  principles,  to  further  the  pro- 
gress of  civilization.    It  is  in  history  that  we 
we  to  dive  for  those  rich  materials  of  legis- 
lative experiment,  which  are  to  ameliorate  the 
sodal  oraer,  and  repair  tliose  breaches  which 
iiy  ustice  has  long  since  made.    But  if  this  ex- 
perience be  found  inadequate  to  the  purpose 
of  alleviating  human  miseries ;  if  it  afford  no- 
thing but  the  melancholy  prospect  of  outra- 
geous despotism;  of  excessive  vices  on  the 
part  of  the  governing,  and  debasement  and 
vassallage  on  that  of  the  governed ;  if  it  ascribe 
the  oommotions  of  suifering  countries  to  tlic 
designs  of  factions,  and  not  to  principles;  if 
it  shoWy  that  in  consequence  of  national  igno- 
rance, after  the  first  ebullitions  of  revolt,  they 
have  sat  down  in  a  torpid  calm,  and  borne  ! 
with  usurpations  still  heavier  tlian  those  by  { 
wliich  they  were  roused  to  arms^it  must  be  j 
mnied  that  tliis  experience  is  important;  j 
because  it  teaches  the  suffering  nations  of  the  ■ 
present  day,  in  what  manner  to  prepare  their  \ 
combustible  ingredients,  and  humanists  in 
what  manner  to  enkindle  them,  so  as  to  pro-  | 
duce,  with  effect,  tliat  graiKl  political  cxplo-  i 
aioo,  which,  at  the  same  time  that  it  buries 
despotism,  already  convulsive  and  agonising,  ! 
in  ruins,  mav  raise  up  the  people  to^  the  dig-  i 
nity  and  sublime  grandeur  of  freedom. 

**  To  effect  this  just  and  useful  purpose,  , 
reooUditm  t^tenUmeiU  mubt  precede  rovolutiun  i 
of  government  and  uianncis.     The  po[iular  \ 
energies  must  be  excited,  that  tiioiH/puIar  voice  | 
may  ne  felt  and  heard.   The  peopkMmi>^t  ^row  ; 
wice,  in  order  that  the  people  may  rule.    It  I 
b  said  ve  preach  anarchy,  hut  what  is  anar-  ! 
chy  but  the  estahiibhiiicnt  of  confusion  on  I 
the  wrack  of  popular  opinion  ?    it  is  said  uo  i 
are  levellers;  but  those   are  levellers  uho 
would  wish  to  reduce  man  to  tlie  condition  of 
the  brute^  guided  by  pasbion,  and  uuinflucnced 
by  reason.    Those  are  levellers  whose  hands 
are  difiped  in  the  public  spuils ;  who  assert 
impunity  for  crimes,  and  inviolal)ility  of  per- 
90Of ;  who  woukl  make  hunmnitv  take  a  ro- 
tru^rade  motion;  who  would  palsy  the  arm 
of  jiifttice,  and  defeat  tlic  end  of  equal  laws. 
We  have  ever  diKl&iincd  the  foolish  idea  uf 
UMinf  property ;  because  our  own  property, 
the  fmit  of  our  labour,  or  of  our  talents,  might, 
by  tlie  eimiplci  be  exposed  to  the  invaiiou  of 
Ibe  firel  intruder.    It  were  well,  if  those  wlio 
confound  jintke  with  erinesy  wouki  consider 


[6S4 


tl;at  the  poor  man*s  property^  little  as  it  18,  is 
as  precious  to  him,  as  is  the  wealthy  stock  of 
the  rich  man.  It^  were  well,  if  feeling  the 
force  of  this  principle,  the  aristocracy  would 
unite  with  us  in  the  cause  in  which  we  are 
embarked .  Property,  they  say,  is  sacred.  Is 
not  then  the  property  of  the  poor  man  as  sacred 
as  that  of  the  rich ;  and  ought  it  to  he  filched 
or  forced  from  him  without  his  consent,  any 
more  than  that  of  tlie  rich  man?  Can  those 
who  do  not  respect  the  property  of  others, 
expect  others  to  respect  their  property  ?  We 
wish  to  exall,  not  to  level.  We  wi»h  to  better 
the  condition  of  the  wretched ;  to  equalize  men 
under  the  influence  of  law ;  but  to  give  te 
merit,  industry,  talents,  patrimony,  virtue^ 
their  proper  weieht  and  correspoiident  dig- 
nity in  the  social  order.  Are  we  then  ungo* 
vcrnable,  because  we  reject  mis-g(ivcmmcut? 
Are  we  ungrateful,  because  we  defend  our 
liberty  and  properly  a«;ainst  those  who  ought 
to  respect  them  ?  Are  we  rebels  in  main- 
taining our  violated  Laws  again!>t  those  who 
are  open  rebels  to  laws,  and  who  set  them- 
.sclvcs  above  those  laws  wiiicii  tii«y  ought  to 
have  vencratcil?  I  know,  that  iaali  a>;es  of 
tlic  world,  people  who  would  not  he  oppressed 
have  been  rerkoned  ungovernable  uy  men 
who  arc,  or  wlio  would  be  oppressi*rs.  I 
know  tliat  the  enemies  of  oppression  liave 
always  been  stigniatizc(l  as  enemies  of  go^ 
vernmcnt.  I  know  that  it  is  !(cdilious  to 
blame  the  excesses  of  power,  aiul  insolent  to 
mention  the  uisolence  of  tlioN:  who  abuse 
power.  I  know  that  it  is  sedition  U>  distio- 
2;uish  between  public  right  and  public  wrong, 
between  government  and  tyranny.  Xor  is  it 
enough  to  acknowledge  all  goofi  government 
to  be  irresistible ;  bnt'ihc  wonty  and  the  abuse 
of  the  best,  must  be  irrcMstible  albu.  I  know 
that  to  cotnplain  of  tyranny  is,/<ii7ioii,  and  to 
throw  it  on  rebellion;  but  they  who  oppress 
are  the  greatest  Rebels^  and  tor  the  oppressed 
to  luin  upon  them,  is  but  to  rcsi4  rtchcllion — 
it  i.s  but  to  do  a  ju^t  and  natural  action. 
Whfjcvcr  violates  the  laws  of  reason,  equity, 
and  nature,  whatever  htaLion  ur  luimc  lie  may 
bear,  is  a  Reltely  subject  to  kr.vs  a^itiusl  ty- 
rants and  rebellion.  Tyrants,  liicrtibn*,  and 
oppressors,  are  the  highp>t  and  uH*>>t  con- 
summate rebkls  in  the  world— ca|'itai  traitors 
to  Ood  and  Man,  and  punibhabic  by  all  the 
lawb  of  God  and  .Man.  Amid  all  the  absur- 
dities and  chimeras  of  paganism,  it  was  never 
believed  that  tyranny  was  warranted  by 
luravcn.  It  was  never  bclii  vcd  that  tlie 
bloody  Caliqula  was  the  vitT^iirtnt  oi'  God, 
and  that  the  wcrst  of  men  had  a  ronnnis^iuii 
from  lieavcn  to  oppress  the  Innnau  race.  It 
was  never  believed  that  murder,  rapnic,  and 
misrule,  were  government;  and  that  lawless 
and  bloody  crowned  robbers,  were  gover- 
nors divijiely  appointed.  It  was  never  be- 
lieved tliat  society  had  no  remedy  agaiubt 
devouring  lust  and  the  raging  sword,  which 
were  destroying  ail  the  ends  of  society, 
and  even  society  itself.    Such  indignities  U> 


esg 


far  High  Treason, 


A.  D.  179*. 


iGSd 


God  and  man  were  never  broached  b^  pagans; 
Ihcy  never  propagated  doctrines  which  would 
luve  turned  men  into  idcots,  destitute  of  re- 
Section  and  feeling;  into  beasts  of  burthen 
and  lieasts  of  sacrifice ;  turned  heaven  into 
hell ;  human  society  inlo  a  cliaos  of  blood  and 
carcaics;  and  the  earth  into  a  place  of  tor* 
ments.  It  never  entered  into  the  heart  of  a 
Greek  or  a  Roman,  nor  into  any  heart  that 
felt  the  sentiments  of  virtue  and  humanity, 
that  it  was  unlawful  to  defend  nature;  a  crime 
to  ward  off  murder,  barbarity,  and  desolation; 
and  an  impiety  to  do  the  most  godlike  action 
which  can  be  done  on  this  side  heaven,  that 
of  disarming  tyrants,  and  of  saving  our  country 
from  perishing.  Government  is  doubtless  a 
ncred  thing,  and  justly  claims  our  reverence 
and  duty;  out  when  government  is  general 
oppression ;  when  havoc,  spoil ,  and  persecution 
prevail,  to  the  destruction  of  all  who  do  well ; 
when  law  and  justice  are  banished,  and  mili- 
tary despotism  triumphs;  when  property  is 
attacked  and  seized  without  the  consent  of 
its  owner,  and  lives  arc  wantonly  destroyed ! 
^s  this  guvcrnmcnl  too  ?  If  it  be,  tell  me 
what  is  not  government  ?  I  do  not  think,  in 
an  age  like  this,  that  the  people  of  this,  or 
any  counto',  can  ever  be  so  sunk  or  deadened 
h^  oppression,  but  that  repeated  provocation 
will  raise  a  spirit  amongst  them  capable  of 
accomplishing  tlie  greatest  projects.  Even 
the  most  protessed  and  degraded  slaves,  the 
people  of  Turkey,  often  rouse  themselves, 
and  casting  their  proud  rider  to  the  earth, 
trample  him  to  death.  A  little  spark  often 
kindles  a  great  flame,  and  a  flame  soon 
spreads  to  a  conflagration.  An  ignorant 
nation  roused  to  assert  its  liberties,  will 
be  road  and  furiuus;  for  when  men  arc 
used  hke  beasts,  tlicy  will  act  like  beasts! 
But  when  an  enlightened  people,  know- 
ing their  rights,  arc  rrduccil  to  a  state 
or  degradation,  they  will  knuw  that  tiieir 
condition  cannot  be  worse,  but,  by  their  own 
efibrts,  their  condition  must  be  belter.  An 
iniorant  peuple,  incited  by  repeated  injurj*  to 
snake  ofl  the  load  of  injustice,  will  rUk  un- 
seen evil.**  and  calami  tic:; — will  ri>k  even  a 
civil  war  to  be  revenged  un  llicir  oj^jiressors. 
Such  ^-asthe  temper  of  the  Komaiii  upon  the 
revolt  of  Sacrovir — they  cvtn  cciiltcd  in  it, 
and  in  hatred  to  Tiberius,  wished  success  to 
the  public  enemy.  Such  were  tlic  injured 
people  of  Spain,  who,  whrii  the  Uoinan:> 
came,  joy  full  v  received  ibcm  as  thrir  deli- 
verers from  ttjc  tyrannous  yoke  of  (!;fcrthLi^'.'. 
But  an  enlightened  peo|»U*  will  nfjvcT  sully 
the  victories  of  |)dtriotisni  by  such  irrcirular 
conduct.  Uevenge  will  never  he  adoptf'd  as 
a  principle.  Peace  will  actuate  their  dcniea- 
Dour,  and  they  will  glory  in  awaiting  thr  sluw 
process  of  universal  in  fur  matiuii,  as  a  prelude 
to  universal  emancipation,  rather  than  tarnish 
the  career  of  liberty,  by  involving  their  country 
in  scenes  of  terror,  waste  and  depredation. 
Oppressed  nature  will,  at  a  proper  season, 
depart  from  passive  principk  ;  and  should  an 
VOL.  XXIV, 


attempt  be  made  to  wrest  what  remains  ol 
liberty  from  us,  I  tnist  all  men  will  concur  to 
vindicate  their  violated  rights— for,  if  thu 
attempt  be  suftered  once,  it  will  be  often  re- 
peated. A  few  repetitions  create  a  habit, 
and  habit  will  claim  prescription  and  right. 
For  governors  to  be  omninolent,  the  race  ot 
man  must  be  extinct;  and  no  argument  iM\ 
destroying  anarchy  can  be  used,  but  what  is 
full  as  strong  for  the  overthrow  of  lyranny. 
It  is  diificult  to  restore  public  aflkirs^  when 
once  disconcerted,  to  tneir  former  steady 
principle — numbers  will  engage  in  the  cor- 
ruption, and  will  try  every  art  and  power  to 
support  it,  and  they  will  continue  to  do  so, 
until  nature,  which  is  always  uppermost  hi 
man,  signs  their  tragical  doom  ! 

"  Citizens; — I  repeat  my  former  assertion. 
Go  on  OS  you  hitherto  have  dune,  in  the  cul- 
ture of  reason.    Disseminate  throu';hout  the 
whole  of  your  country,  that  knowledge  which 
is  SO  necessary  to  man's  happiness,  and  which 
you  have  yourselves  acquired.    Teach  your 
!  children  and    your  countrymen    the  sacred 
I  lessons  of  virtue,  which  are  the  foundations 
j  of  all  human  polity.    Teach  them  to  respect 
,  themselves,  and  to  love  their  country.    Teach 
'  tliem  to  do  unto  all  men  as  they  would  that 
I  they  should  do  unto  them,  and  their  love  shall 

>  not  be  confined  to  their  country,  but  shall  cx- 
'  tend  to  the  whole  human  race.  When  such 
I  a  revolution  of  sentiment  shall  have  dispersed 

>  the  mists  of  prejudice ;  when  by  the  incessant 
I  thunderings  from  the  press,  the  meanest  cot- 
,  tager  of  our  country  shall  be  enlightened,  and 
;  the  sun  of  reason  shall  shine  in  ib^  fidlest  me- 
I  ridian  over  us ;  then  the  connnanding  voice 
I  of  the  whole  people  shall  rccowmend  the  fivir 

hundred   and   fifty-eight   gentlemen    in  St. 

.  Stephen's  Chapel,  to  go  alxiut  their  business.*' 

I      "  The  following  Kesolutions  were  next  roail, 

;  and  unanimously  appruvcd  of',    amidst   th( 

!  luiule.st  applauses. 

I      *'  4.  'i'h.it  in  every  country  where  the  pcoplr. 

.  have  no  share  in  tlicir  government,  iuxniio': 
is  i tyranny. 

I      "6.  That  therefore  a  govcrnmrnt  is  tyran- 

.  iiical  or  free,  in  proportion  as  the  peopie  .ip. 

;  equally,  or  unequally,  represented. 

j      "  6.  Convinced  of  tins  tnitli,  it  is  the  opi- 
nion of  this  meeting,  th^r  t!i(.'  ptojilr- oii^Ji;. 

^  to  demand  as  a  ri;ihlf  and  not  ]>f:'itiop  as  :• 

■J'fu'uury  for  univrrsa!  rcprcsciil.iiioii. 

"  7.    That  tin  lefure  wo   will  priilii  n    iK. 

I  nouse  of  CoLiinions  no  mom  on  tin-*  >u!|!e<  i.' 

■  [Hcnd  from  "  An  Ad(hess  to  the  Rriti-h  \;. 

tioii,''  from  Iho  fir.-i  p.Ti;c  (piic;^  27  o\  th' 
i      pamphlet)  and  from  vw^c  IJl  t<i  ."o.] 
I  «  A,i  A,Unys  to  the  ijritUh  Witio?/. 

1  "  Vrifiids  and  Covnitrymcn; — We  \\i\. 
!  heard  this  <iay  <lccided,  with  tho  <;\crpi!  )ii  o. 
'  only  on(^  dU^r'-itien'  voire,  that  t!ie  lion  /«  i 
!  C'o.nmoi:;;  >l:'iil  m-vrr  :iL;ain  he  imiffmeii  h\ 
'  us,  m  the  .^ul'jiM  t  ur'p:»ri!;Lnji  iilary  r-'i"ii'i. 
I      "  We  o\\*'  t"  llu*  naliu::,  in  pcti  iit>,  evm 

■  to  foreign  touniiics,  ai-l  ♦..»  Uv-i  •.v^s\:iv\cv>xv.. 
i      2  J5 


6271         35  GEORGE  III. 

Hself  imdet  wliich  we  live,  an  e^tposilioo  of 
©ur  motives.  To  the  natioo  we  owe  this  duty, 
because  we  are  of  opinion,  that  the  will  of 

THE  MAJOafTV  OF  THE  PKOPLE,  SHOULD  BE,  AT 

ALL  Tiiffi:*^,  THF.  suFHEME  LAW;  and  that  if 
ihe/ew  dissent  froro  the  opinion  of  the  mttnifj 
however  obligatory  Ihc  w^ill  of  the  majority* 
may  be  to  them  as  a  rule  of  action,  yet  opi- 
nion is  always  free  and  sa.€red,  the  right  of 
man  to  enjoy,  and  the  cotiscieniious  duty  of 
man  to  dimisc.  UndtT  the  full  conviction  of 
this  principle,  we  feul  ourselves,  td  prttent^ 
-the  minority,  bccayse  we  are  the  first  to  agi- 

•  tatc  the  quD^tion^  and  to  repel"  the  monstrous 
idea  of  petitiouing  whcD  our  petitions  are  not 
leccivca  by  the  House  of  Commons.  But,  we 
are  nymexouii— we  are  many  ihousanils ;  and 
as  nothing  opens  tbe  eyes  of  men  so  much  as 
tbeir  interests,  we  demand,  fellow-eitizens, 
my,  we  are  entitled  to  it  from  our  numbers, 
that  yon  lend  an  attentive  ear  to  tlic  tmths 
"we  are  about  to  ultcr^  and  to  the  reclamations 
we  are  about  to  make  in  Ikvour  of  opprejssed 

'  humanity."  -  -  ' 

•  ^  *  Our  petition  was  received  wilhthe  utmost 

•  nidi^Datioii  by  the  House  of  Commons ; 
which  was  no  rnort;  than  we  expected.  We 
Jcne  w  that  tbe  homely  truths  we  uttered ^  would 
he  very  unwelcome  guests  in  that  house.  We 
never  expected  that  a  body  in  which  there 
were  so  many  placemen  and  pensioners,  would 
Hslen  to  the  palpable  facts  stated  in  that  ]>eti- 
tioD ;  the  object  of  which  was  to  root  out  in- 
justice, and  to  curb  Ucentiousness  and  cor- 
ruption^ Nevertheless,  as  we  were  called 
opon  by  our  countrymen  to  unite  with  them, 

•  we  thought  ourselves  bound  to  comply  with 
their  wishes.  And,  although  our  petition  was 
disd^nfully  rejected^  hecausc  not  couched  in 
language  gufficiently  polite  and  respectful  for 


Trtat  of  Tkmas  ttardy 


im 


rioua  treatment  rather  gives  warning  thin 
strikes  itrror.  The  abuse  of  represenialitia 
can  nevf?r  come  in  the  place  of  a  nilpi  for  no 
legal  power  can  be  derived  from  iujurqr  or  iii- 
juiitice.  On  this  ground  alone,  there  lore,  we 
are  justified  in  preserving  a  sullen  s&ienceiii 
respect  to  the  House  of  Commons,  For, if 
grievances^  abuses,  complaints,  and  truth,  are 
to  be  discarded  from  that  House,  because  not 
dressed  in  a  gent  tana  fi-ttke  language,  how  art 
we,  plain  meclianics,  ever  to  ubtiiin  reditsi, 
who  are  not  gcntiemtn,  and  who  are,  conse^ 
quently,  ignorant  of  those  polite  and  courtly 
expressions  which  are  necessary  to  pin  • 
hearing  in  that  House.  We  are  ignorant  of 
the  art  of  displaying  tnith  by  halves,  and, » 
we  love  plain  dealing  ourselves,  we  detest 
hypocrisy  in  others,  and  pity  those  who  w<?uJd 
wish  us  to  fulluw  their  example.  We  said  to 
the  Hou^e  of  Commons,  we  are  wronged  tod 
ag2;rieveil — will  you  right  us,  and  redress  our 
grievances,  or  will  you  not?  If  ycm  will,  wie 
shall  be  i^atisfied  \  if  you  will  liot,  we  ibdl 
seek  redress  some  oilier  way.  This  is  tbe 
iole  miestion  with  us,  and  we  put  it,  as  we 
thougnt,  in  a  most  becoming  style  to  tbe 
House  of  Comniotis.  But,  our  p€iki&f%  being 
scon  tec],  we  shall  trouble  them  no  more  ^ilt 
our  coarse  and  unmannerly  language.  It  will 
be  our  duty  to  proceed,  as  we  have  uniforroty 
done  hitherto,  in  enlightening  the  pubic 
mind;  and,  when  a  complete  revolutioQ  of 
sentiment  shall  take  place  (as  will  shortly  be 
the  case)  in  our  country,  we  shall  open  oar 
mouths,  in  that  key  we  think  most  ag re^lc 
to  ourselves  ;  and  our  voice,  together  with 
that  of  our  disfranchised  countrymen,  will 
resemble,  perhaps^  the  thunder ings  fram 
Mount  Sinai !'' 


9S9] 


Jor  High  Treason. 


A.  D.  1791. 


[630 


she  to  see  the  sanctuary  of  virtue  erected,  and 
the  standard  of  liberty  planted  in  our  J  and, 
around  which  the  people  may  rally  as  to  an 
holy  of  holies.  In  short,  we  desire  to  see  the 
altar  of  equality  blazing  in  Britain,  whose 
streanos  of  fire,  whilst  they  shall  shock,  con- 
vulse, and  tear  down  the  rotten  pillars  of  pre- 
judices; whilst  they  shall  consume  tyrants, 
and  terrify  public  delinquents,  shall  pierce 
uto  the  hearts  of  the  whole  people,  and  con- 
frm  the  wide  empire  of  morals  on  the  wreck 
of  superstition  and  vice.  Such  is  our  equality, 
and  such  is  the  equality  which  wc  proudly 
gratulate  our  countrymen,  will  shortly  be 
established  in  Britain,  and  which  wc  invite 
you,  PEOPLE  OF  SCOTLAND,  to  partake  of. — ^The 
banks  of  the  Forth,  the  tields  of  Bannockbum 
and  CuUodcn,  and.  that  tribunal  of  Edinburgh, 
which  has  disgraced  your  capital, shall  yet  bear 
testimony  to  tkie  cause  for  which  Flctcuer 
wrote,  and  Wallace  bled." 

[Two  envelopes,  in  each  of  which  was  inclosed 

a  copy  of  the  proceedings  of  the  public 

meeting,  held  at  Sheffield,  on  the  7th  of 

April,  1794,  were  read ;  one  addressed  '^  To 

lOr.  Vaughan,  esq.  counsellor  at  law,''  the 

other  "  To  the  honourable  Charles  Fox."] 

William  Broomhead  cross-examined  by  Mr. 

Gibbs. 

You  said,  about  tlie  time  these  pikes  were 

tslkod  about,  there  had  been  a  niischievuus 

buid-bill  circulated,  for  the  purpose,  as  you 

suppose,  of  cxcitino;  the  people  aeainst  the 

society ;  can  you  tell  me  what  was  tlic  general 

substance  of  it  r — I  had  one  in  my  hand,  but 

canoot  speak  to  every  thing  it  contained. 

But  wnat  was  the  general  substance  of  it } 
"-It  was  a  call  to  the  people  to  arm  against 
foreign  and  internal  cncmie?!,  and  the  reply 
which  was  made  to  it  was  couched  in  the  same 
language. 

Ibat  was  the  first  thing  that  was  published ; 
at  what  time  was  it  pubiisiicd  r  l>elore  or  after 
this  meeting  that  you  speak  of? — I  do  not 
recollect  the  exact  time,  but  I  read  thcin 
both,  and  should  liavc  been  happy  if  I  had 
had  them  bolti  here. 

But  you  say  tlie  object  of  it  was  to  provoke 
the  people? — It  was  given  out,  by  various 
people  in  the  town  or  >shctiield,  ^c  can  never 
<lo  any  thing  against  these  people,  aj^inst 
the  society,  till  we  ourselves  cau>e  a  riot'. 

Tktie  people  meant  the  society?— Vcs;  and 
I  saw  myself  several  per. -run ^  ride  up  and 
'iovOy  round  the  market  place,  lull  iraliop,  to 
ride  over  (eGpIt-,  when,  at  the  same  time,  it 
was  only  boys. 

The  cry  w«&,  ilicy  coiild  ntvr r  do  any  ililne 
with  you;  unless  they  e:iu->ed  a  liot  uL'uin*:i 
youy  they  could  make  utxLiu^  *t  it  r— it  i.as 
been  safd  so,  but  1  cannot  re''.oii<ei  who  sai'l 
It;  but  this  wji.ked  haiid-tiii  u: ;  <'arii.:£,  wjtn. 
out  the  saficlion  of  the  Uw,  or'u.'.  iiiiii- Irate, 
—I  read  it;  and,  ii  I  i.dd  been  ?.v,aTL  oi  thi^,  I 
wuuld  have  brought  it;— tiiiM  w^s  tlic  cau^c 
of  uij  thing  being  spoken  cunccming  amis. 


Among  all  the  conversation  you  have  ever 
heard  upon  the  subject  of  these  pikes,  were 
they  intended  for  the  purpose  of  making  au 
attack  upon  any  power  in  this  country,  or  only 
for  defending  yourselves,  if  you  should  be  at- 
tacked?— I  never  understoo<l  them  in  any 
other  light,  and  what  was  said  about  them 
was  in  answer  to  this  wicked  hand-bill.  Tht:rc 
was  neither  Mr.  Wilkinson's  name,  nor  Mr. 
Althorp's,  nor  any  gentlemait*s  name  in  the 
town  to  it. 

Whether  you  ever  collected,  from  those 
who  talked  of  pikes,  or  ever  produced  any, 
that  they  meant  to  make  any  attack  u|K)ii 
any  of  the  powers  in  this  country,  or  only  to 
defend  themselves,  if  they  were  illegally  at. 
tacked  ? — ^I'his  was  the  very  truth  ;  to  oppose 
illegal  force,  and  direct  violation  of  tho  law  of 
the  land,  made  upon  us,  as  was  done  at  Man- 
chester and  at  Birmingham. 

Then  they  were  meant  only  to  be  used  on 
the  defensive  ? — Mr.  Gale  had  this  hand- hill 
in  his  hand,  when  he  first  mentioned  Uie 
pikes  at  this  meeting,  or  in  his  pocket ;  and 
there  were  several  resolves  printed  in  hia 
paper  the  week  following,  and  direct  answers 
thereto,  mentioning  something  upon  the 
matter.  I  would  have  brought  them  both 
with  me,  if  I  had  been  apprehensive  of  this. 

Had  any  of  the  people  in  tliis  society  to 
which  you  belonged,  any  idea  of  making  any 
attack  upon  either  the  King,  or  the  House  of 
Lords  ?  had  they  any  idea  of  altering  the  go- 
vernment in  that  respect? — I  think  they  ought 
to  be  sent  to  Bedlam,  if  they  had. 

Had  you,  as  one  of  that  society,  any  such 
intention  yourself?^ Just  the  same  as*  Hying 
to  the  sun. 

But  to  speak  plain ;  by  that  you  mean,  I 
suppose,  that  you  never  had  any  such  thought 
in  your  mind  ? — No ;  never. 

What  was  it  that  you  wished  to  produce  by 
these  meetings  of  yours  ?— To  cnhghtru  the 
pectple  ;  to  show  the  f»eople  the  reasfiU,  the 
ground  of  all  their  comiilaints  and  suHerinifn; 
when  a  man  works  haru  for  thirteen  or  four- 
teen liours  of  the  day,  the  week  through,  and 
is  not  able  to  maintain  hib  family ;  that  is 
what  I  undcrstofid  of  it ;  to  show  the  people 
the  ground  of  this ;  why  they  were  not  able. 

\\  as  not  the  object  of  your  meeting  a  par- 
liamentary reform  ? — Yes,  it  wah  ;  ar»d  a-,  such 
we   corresf>onded    witli  tiic    r-.tifMiy  of  the 
I  Friends  of  the  People,  as  v/ell  as  liic  Consti- 
I  tutional  Society. 

I  Who  were  the  members  of  the  rriend-.  of 
j  tr:':  People  ? — There  were  several  rounnuijiei- 
I  tioii-,  I  know,  received  fr^iu  that  v>f  ieiy. 

Mr.  .Studrt,  I  btht\e  was  the  secrelarv  ? — 
Y« ,. 

.*5hould  \oti  have  continue]  a  member  of 
tiii-s  ^oeitly.  :f  jkou  had  tiiougM  tiiiit  Jhej.  ;  1 1 
air.  iiiltnl  or  tYt'Akiu2  ei»:j'.r  Ut*:  t..iig,  '.r  i..»: 
lof'Js,  or  of  C"!;  ii'.rj;;  ::.♦;  -..i;^  Irciu  i.»3 
thront:  r — No. 

You  would  not  ? — No. 

biiould  you  not  have  abhorred  sun  * 
idea  ?— Ye?,  y:s. 


631] 


35  GEORGE  III. 


Have  you  any  reason,  from  any  thing  that 
ever  passed  in  tho  society,  to  believe  there 
was  a  single  member  of  it  who  entertained 
such  a  notion  ? — No ;  and  I  do  not  believe 
there  is  such  a  wicked  man  ambngst  them. 

The  object  of  your  meeting,  you  say,  was  to 
stale  to  the  people  the  grounds  of  certain  evils 
which  you  thought  to  exist ;  and  wished  to 
bring  about  a  parliamentary  reform— *  Was 
that  a  parliamentary  reform  in  the  llouse  of 
Commons? — In  the  House  of  Commons. 

You  meant  that  the  king  and  the  lords 
should  remain  as  they  were ;  but  that  there 
should  be  a  reform  in  the  House  of  Commons? 
— ^Yei. 

Did  you  believe,  and  was  that  the  ground 
upon  which  you  acted,  that  by  producing  such 
reform  as  you  wished  in  the  House  of  Com- 
mons, that  those  evils  would  be  remedied  ? — 
That  the  King,  the  Lords,  and  Commons, 
might  themselves,  with  the  concurrence  of 
the  nation,  remedy  these  evils.  As  to  refor- 
ming, as  to  the  expenditure,  and  other  mat- 
ters, we  had  not  the  vanity  to  think  of  such  a 
thing. 

Then  do  I  understand  you  right,  when  I 
suppose  this  to  have  been  your  principle — 
that  you  thought  the  King,  and  the  Lords,  with 
the  House  of  Commons,  so  refonncd,  would 
redress  all  your  grievances? — Yes. 

Was  it  your  object  to  attain  this  end  peace- 
ably ? — ^1  here  is  no  one  doubts  it  in  Shcflield, 
that  will  speak  honestly. 

I  speak  of  your  own  partiailar  object — 
Your  object  was  to  attain  it  peaceably  f—lt 

Have  you  any  reaion  to  think  it  was  the 
objecl  ol  iiijy  other  man  in  the  socirty^  to  use 
any  but  peaceable  means  to  olitain  it  ?— Not 
to  my  knowledge-^ what  persons  might  do, 
had  any  Uiing   happened,   as  a  convention 


Trial  of  Thomas  Hardy  [6iSB 

tation  of  the  people  of  England  in  the  Hnae 
of  Commons  ?^I  always  underatood  it  ao  for 
my  part. 

William    Broomheady   re-examined   by  Mr. 
Garraw. 

I  could  wish  to  ascertain  whether  I  have 
taken  you  correctly;  you  meant,  and  a»  hx 
as  you  understand,  your  society  meant  to  pn>-> 
duce  a  reform  of  the  representation  of  the 
people  in  the  Conmions  House  of  parliament 
by  peaceable  means  ? — Yes. 

But  you  apprehended,  that  when  you  should 
depute  your  delegates  to  a  convenUon,  that 
you  trusted  to  that  convention,  and  that  whtt 
might  then  be  done  you  could  not  answer  far, 
not  being  able  to  answer  for  the  wickedness 
of  individuals — Did  1  take  you  correctlv  ?^ 
Yes. 

For  the  purpose  of  obtaining  this  destnble 
object  of  a  parliamentary  reform,  you  say  yoa 
corresponded  not  only  with  the  ConstitutioDal 
Society,  but  with  other  societies ;  and  among 
them,  you  have  named  a  society  called,  a  so- 
ciety of  the  friends  of  the  People  f— Yes. 

Do  you  know  the  aaswer  which  that  society 
returned  to  youfs  as  earlv  as  the  36th  of 
May  ? — I  do  not  now  recollect  the  answer. 

Perhaps  I  may  assist  your  memory,  by  re- 
mindinij  you  of  the  reply  of  your  secretary  to 
that  society  ? — Perhaps  it  misht  not  be  me. 

Do  you  know  a  person  of  the  name  of  Ash* 
ton?— Vcs. 

Did  he  over  act  as  secretary  to  your  so- 
ciety ? — Yes. 

You  have  sakl  that  your  objf'ct,  and,  as  far 
as  you  know,  Ihroycct  uf  your  socie^r,  was, to 
obtain  a  reform  by  peaceable  means,  and  by 
enliehlenin^  ilsc  public — I  ask  you,  if  you  rb 
not  know,  iTmtupon  the  society  of  the  Friends 
of  the  People  returning  some  answer  to  yoor 


6SS] 


Jbr  High  Treason. 


A.  D.  1794. 


[634 


cated  to  your  associated  society,  tiic  Constitu- 
tional Society,  that  this  society,  the  Friends 
oi'the  People,  whatever  tliey  professed  to  do, 
were  not  fit  [wrsoiis  for  your  having  any  thing 
more  to  do  with  them  ? — I  do  not  Know  that 
such  a  letter  was  coniinunicatod,  nor  such  a 
letter  received. 

I  do  not  ask  you,  whether  you  know  that 
such  a  letter  wus  receive*!,  or  whether  you 
know  tliat  eucii  u  letter  was  sent ;  but  £  ask 
you,  It'  tiie  result  ot'  your  deliberation  was 
not,  that  they  were  ujiiit  for  your  society, 
that  the  Coustitulionul  S<iciety  might  bo  so 
informed  ? — Nay,  1  am  uo\  certiin  Uiat  it  was 
the  result  ut'  the  delernunation  ol*  that  meet- 
ing; I  rather  think  that  it  was  determined  af- 
terwards, it' it  was  determined  at  all. 

Do  you  recollect  whether  Mr.  Yorkc  took 
any  |>art  in  thai  discussion  ? — No,  he  was  not 
there  tiien. 

Who  were  the  parties? — Several  persons 
spoke,  among  whom  I  was  one. 

Have  you  read  the  declarations  published 
by  that  society,  called  the  Friends  of  tlic 
People :  doubtless  you  have,  for  your  informa- 
tion; or  if  you  have  nut  read  them  yourself, 
have  they  been  read  in  your  society  ? — I 
might  have  read  them —  I  will  not  say — I  be- 
lieve I  might. 
.Do  you  not  know  that  in  lanj^age,  to 
which  to  he  sure  I  can  do  no  justice,  they 
declared  their  firm  intention,  by  all  constitu- 
tional and  proper  means,  to  produce  that  very 
tiling  which  you  state  to  have  been  your  ob- 
ject, a  reform  in  the  representation  of  the 
Commons  House  of  parliimient  ? — Great  num. 
bers  of  people  did  nut  hclieve  them— they  did 
not  believe  them  to  be  honest. 

However,  they  had  inudo  those  professions  ? 
—Yes ;  there  was  something  of  that. 

But  that  you  did  not  quite  believe.  Was 
this,  think  yon,  as  early  as  the  2Gth  of  May, 
1792,  that  \ou  disclaimed  these  Friends  of  the 
People  ?— it  may,  1  do  not  recollect  the  time 
exactly;  1  think  ii  might  he  uhoul  that  time. 
And  that  was  long  licforc  Mr.  Yorkc  came 
amonv  yim  npun  his  hi^t  mission  ? — It  was. 

And  of  course  Ion:;  he  fore  all  those  discus- 
sions. He  so  good  as  to  tell  me  a  little  more 
dibtinctly  what  this  inischievou«<  hand-bill  was 
that  excited  yon  to  arms — I  believe  it  was 
calling  upon  people  to  asK)ciale,  and  to  arm 
ag^nst  l'orcii;n  invaders  and  domestic  ene- 
mies ? — Yes;  but  not  wilh  any  magistrate's 
name  to  it. 

But  the  object  was  caliinj*  upon  the  people 
of  Sheffield  to  arm  against  lowign  invaders 
and  domestic  enemies?-—  Vrs;  and  that 
meeting,  when  arms  nmtc  s]i()k(  n  of,  it  was 
determined,  in  several  rc^oliitioiistogtt  those 
arms  lor  the  sanu;  purpose,  in  reply  to  that. 

Let  us  see  that  wc  quite  understand  one 
another.  Did  you  adupt  that  hand-bill,  and 
arm  in  consi^quenci.'  uf  it,  or  were  you  alarmed 
at  its  being  prodi;:;iously  unconstitutional,  and 
arm  against  it  ?— I  never  did. 
But  the  socict}  ?--  Some  few  might. 


Was  that  to  arm  against  the  invasion  of 
foreit;n  enemies,  or  protect  yourselves  against 
attack  from  domestic  enemies? — It  was 
couched  in  words,  which  were  taken  and  put 
inlore.solves,  and  advertised  in  Galc*3  paper 
the  next  week. 

Your  society,  after  this  hand-bill,  calling 
upon  people  to  arm  against  foreizn  invaders 
and  domestic  enemies,  took  tliat  nand-bill  as 
their  text,  commenting  upon  it,  adopting 
their  resolution,  and  arming  themselves?— 
Yes,  against  foreign  invaders  and  domestic 
enemies. 

Your  reason  for  doing  this  was,  that  you 
were  afraid  of  illegal  force  bein^  used  agaust 
you,  as  iiad  been  done  at  Manchester  and  at 
Birmingham.  Did  you  apply  to  any  magis- 
trate for  protection  ? — It  was  needless  till  the 
injury  was  done. 

Give  me  the  facts  first,  and  the  comment 
afterwards.  Did  you  apply  to  any  magistrate 
informing  him,  that  you,  who  were  peaceable 
persons,  had  been  threatened  with  attacks, 
and  wanted  the  protection  of  the  civil  power? 
— No ;  why  should  we  till  we  were  attacked  ? 

I  am  not  capable  of  arguing  with  you ;  I 
say  that  unaffectedly.  Did  vou  apply  to  any 
magistrate,  informing  hi  in,  that  any  peaceable 
persons  had  been  threatened  witli  attacks^ 
and  wanted  the  protection  of  the  civil  power  r 
—No,  not  to  luy  knowledge. 

But,  on  the  contrary,  you  published  resolu- 
tions for  arming  ? — ^To  that  purpose,  couched 
in  their  words. 

You  had  no  intention  at  all  of  altering  the 
government,  but  of  applying  to  the  House  of 
Commons  to  redress  the  grievances,  under 
which  the  people  suffered  ?— I  always  under- 
stood it  in  that  light. 

How  early  was  it  that  you  came  to  resolu- 
tions in  your  society  to  petition  the  House  of 
Commons  no  more;  for  that  these  558 
persons  were  loo  fine  gentlemen  for  you;  and 
you  were  not  used  to  the  cuurtly  language  that 
would  suit  their  ears? — These  were  drawn  up 
by  (;ale  and  Yorkc,  and  therefore  they  were 
\vinked  at  outof  compLnsaiue  to  them. 

And  you,  who  were  too  rough  for  the 
House  of  Commons,  were  courtly  enough  to 
pass  these  resohitiuiis  which  were  proposed 
by  Yorke  and  Gale,  two  of  the  artivc  mem- 
bers of  the  suriely — Vou  say  the  society 
winked  at  them  ? — Isuj^pu-e  they  did,  know- 
ing them  U)  he  of  superior  knowledge. 

However,  pass  Iheni  yon  did  ? — Yes,  be- 
lieving them  to  he  of  supuior  knowledge  to 
ourselves. 

Ihe  next  step  was  to  furni  a  convention, 
and  hy  the  delegates  l«j  procure  a  lull,  Jair,  and 
equal  representation  l»y  means  ul  the  conven- 
tion ? — ^'i  here  was  then  at  that  very  time  a 
})etiti(m  to  the  king. 

About  the  slave-trade? — Yes,  and  about  a 
reform  loo. 

Whether  this  was  a  part  of  these  resolu- 
tions which  passed  upon  the  subject  of  arming 
— «  That  tnc  landing  of  llessiau  troo^%  vv\ 


6S5] 


S5  GEORGE  III. 


Trkd  of  Thomas  Hardif 


[636 


tliis  country,  a  ferw;ious  and  imprmcipled 
horde  of  bulchen,  witliout  consent  of  parlb- 
roent,  haj  :i  suspicious  and  abrnuog  appear- 
ancej  is  contrary  lo  the  spirit  of  our  coustilu- 
tion,  and  deserving  of  the  marked  indignation 
of  every  Englishman" — Was  tliut  one  of  the 
resolutions  Uiat  jou  passed  at  the  tiine  of 
adopting  the  resolutioQ  about  the  hand -biU  ?— * 
That  was  passed  when  the  lecture  was  read. 

Was  that  long  after  the  hand-biH  ? — No ; 
long  before. 

**  That  it  is  high  time  to  be  upon  our  guard, 
aince  these  armed  monsters  may  in  a  moment 
be  let  loose  upcjn  us,  and  particularly  as  the 
erection  of  barracks  Uiroughout  the  kingdom 
may  onlv  have  been  an  introductory  measure 
to  the  li fling  them  with  foreign  mercenaries" 
— Was  thai  one  of  the  resolutions  you  passed 
long  before  the  hand- bill  ?^-8ome  time  before ; 
I  do  not  know  exactly  how  long. 

Be  so  ^ood  as  to  tell  me,  as  you  were  to  ann 
at  Sheffield,  very  properly  as  1  agree  with  you, 
for  the  sake  of  preventiDg  attacks  upon  you, 
whether  you  communicated  to  any  other 
parts  of  the  kingdom  the  gort  of  instruments 
with  which  you  meant  to  arm  yourselves, 
and  your  plan  of  arming  ? — I  never  did;  and 
I  do  not  know  wliothcr  any  body  else  did 
or  no. 

Do  you  mean  to  say,  that  you  do  not  now 
know  thalyour  society  com mmiicated  plans  for 
arming,  the  mode  of  procuring  the  instru- 
ments, and  the  models  of  the  weapons  ? — I 
never  knew  a  syllable  of  that  till  I  was  in- 
formed of  it  before  the  privy  council 

Then  if  Davison,  in  the  name  of  the  society, 
sent  any  giuch  letter  to  London,  you  were  not 
in  that  secret  ?— I  was  not^ 

Vou  know  Davison  very  well?— Yes,  I 
knew  him  s^omc  little  time. 

He  was  a  menibcr  of  the  society  ?-«Yes,  I 


«  FAST  DAT,  ai  ohervtd  ai  SHEFFIELD, 

*^  J Seejolts Lectuee,  tklivertdtit  SuJtiPFtELD, 
Feb,  ^Btftt  17^,  Ireing  ihe  Day  appointed 
Jbr  13  GEMERAt  Fjist^  to  n^hick  art  added  m 
Hymn,  and  Eesolutioits. 

[From  the  beginning  to  page  3,] 

«  FAST  DAY, 

**  A  Moifal  PrOtlamaiioH  having  b£€fi  istiiedt, 
commanding  Fthniari/  the  S8jA,  1791,  toH 
obtermd  as  «  Gencrul  Fasif  the  Friends  of 
Peace  aui  UeforMj  in  Shejfieid,  deUrmiwd 
to  honour  the  Da^  in  ihe  mod  distinguished 
Manner.  Accordingly  the  THOU^iANDS 
of  thai  Tosm  assembled  upon  a  tpaciout  phm 
near  West-street,  BackfieldSj  ^here  ihe  Aied* 
ing  ^^as  opened  with  Prayer  ;  fi^}er  which  a 
Seriovs  Lecture,  suit  able  to  the  O^casioKj 
was  ttad  with  great  Energy  i0  the  immense 
Concourse  qf  Feopie,  who  listened  in  the  iwM 
attentive  Silence.  A  HiiiN,  prepared Jhr 
this  Solemnity f  ^oi  then  sang  in  full  Chorus 
by  ihe  whole  As&cmUy.  Immediuteiy  afttr^ 
William  Cam  AG  r  being  called  to  the  Chuir^ 
ihe  yollomng  MesolaliiMis  were  unanimomlii 
pa&tedf  and  the  Meeting  dissolved  in  that 
orderly  and  pcaceabte  Manner^  ^hich  io  cwi* 
neatly  distinguishes  the  patriotic  lahabitanU 
qf  Sheffield. 

"  A  SEtirous  Lecture. 

"  Id  every  age  of  the  world,  the  catise  of 
truth  has  always  met  with  its  opposer%  when* 
ever  it  ctianced  to  clash  with  the  interests  of 
a  venal  tribe  of  Kingtj  CoariicrSf  Frietts^  and 
Ihch  ac4:omplic€$.  By  reading  over  llie  18th 
chapter  of  1  Kings,  we  hnd  thrit  this  was  the 
case ;  yet  the  Almighty  was  pleased  by  an  act 
of  Omnipotent  Poukt^  to  overturn  the  malice 


C87] 


Jbr  High  TreaioH. 


A.  D.  n94f. 


[638 


taincd  their  end— for '  the  ears  of  the  Lord  are 

*  not  open  to  the  cries  of  the  foolish,  but  unto 

*  the  wise/ 

'  **  It  is  in  this  point  of  light,  I  view,  with 
concern,  a  combination  of  Kings  apparently 
leagued  against  the  cause  of  Freedom ;  a  com- 
bination which  I  believe  to  be  odious  in  the 
sight  of  Heaven,  although  for  its  support  we 
are  commanded  a  second  time  from  the 
Throne,  not  of  God,  to  fast  and  pray  for  the 
success  of  our  arms  over  our  bretiiren,  who 
arc  struggling  for  every  thins  that  is  dear  to 
Man,  and  which  is  the  will  of  God  he  should 
be  possessed  of— Libebtt,  ctviV,  political^  and 
religious.    Life  without  them  is  a  burden/' 

[Page  11,  Resolutions,  &c.] 

"  RESOLUTIONS. 
^'  Resolved  unanimously, 

«  1.  That  War,  the  wretched  artifice  of 
Courts,  is  a  System  of  Rapine  and  Blood, 
unworthy  of  rational  beings,  and  utterly  re- 
pugnant to  the  mild  and  benevolent  principles 
<>f  the  Christian  Religion. 

"  2.  That  if  the  present  war,  be  a  war  of 
Combined  Kings  against  the  people  of  France, 
to  overthrow  that  Liberty  which  thejr  are 
struggling  to  establish,  it  is,  in  our  opinion,  a 
war  of  the  most  diabolical  kind. 

^  3.  That  when  public  Fasts  and  Ilumiliar 
tions  are  ordered  with  the  same  breath,  which 
commands  the  shedding  of  oceans  of  Human 
Blood — however  they  may  answer  the  pur- 
|M>ses  of  State  Policy— tiiey  are  solemn  pros- 
titutions of  Religion. 

"  4.  That  the  lauding  of  Hessian  troops  in 
this  country  (a  ferocious  and  unprincipled 
horde  of  Butchers)  without  consent  of  Parlia- 
ment, has  a  suspicious  and  alarming  appear- 
ance, is  contrary'  to  the  spirit  of  our  Constitu- 
tion, and  deserving  of  the  marked  indignation 
of  every  Englishman. 

"  5.  That  it  is  high  time  to  be  upon  our 
Guardf  since  these  armed  monsters  may  in  a 
monient  be  let  loose  upon  us ;  particularly,  as 
the  erection  of  barracks  throughout  the  king- 
dom may  only  have  been  an  introductory 
measure  to  the  tilling  them  with  Foreign 
jVIerccnarics. 

"  6.  That  the  high  and  free-born  minds  of 

Britons,  revolt  at  the  idea  of  such  a  Slavish 

"System,  and  cannot  be  so  far  broken,  as  to 

kiss  the  hand  which  would  chain  them  to  its 

will. 

"  7.  That  rcacc  and  Liberty  arc  the  off- 
spring of  Heaven,  and  that  Life  without  them 
is  a  burden. 

"  8.  That  the  Thanks  of  this  Meeting  are 
due  to  Earl  Stanhope,  for  his  Motion  and 
spirited  Speech  for  acknowledging  the  French 
liepublic,  and  restoring  Fcace  to  our  dis- 
tressed country;  f<jr  his  Motions  and  able 
Speech  in  behalf  of  the  persecuted  and  siifl(;r- 
iog  patriots,  Messrs.  Muir,  Palmer,  Skirving, 
tDd  Majrgarot,  in  wliich  he  nobly  stood  alone; 


and  also  for  the  whole  of  his  truly  animated 
and  benevolent  exertions  in  support  of  llie  in- 
jured Rifihtt  of  the  People. 

"  9.  The  Thanks  of  this  Meeting  are  also 
due  to  Mr.  Sheridan,  for  his  nervous  and  elo- 
quent Speeches  in  the  cause  of  injured  Patrio- 
tism, and  in  support  of  the  ConsUtution;  and 
also  to  eveiy  other  Member' of  Parliament 
who  has  nobly  stood  fon^'ard  at  this  important 
crisis,  in  support  of  the  Constitution^  liber- 
ties of  Englishmen. 

"  10.  Tnat  if  any  thins  had  been  necessary 
to  have  convinced  us  of  the  total  inefficacy  of 
argument  against  a  Ministerial  Majority,  the 
decisions  which  have  lately  taken  place  in  Par- 
liament, would  have  fully  confirmed  our  opi- 
nion. 

"11.  That  therefore  the  People  have  no 
remedy  for  their  grievances,  but  a  REFORM 
IN  PARLIAMENT— a  measure  which  we 
determine  never  to  relinquish,  thoueh  wc 
follow  our  Brethren  in  the  same  Glorious 
Cause  to  Botany  Bay. 

"  W.  CAMAGE,  Chairman." 


'*  LONDON  CORRESPONDING 
SOaETY. 

"  UNITED  poa  a  REFORM  in  PARLIA- 
MENT. 

*'  Commiltee  Room^  March  80, 1794. 

<<  RESOLVED,  That  the  Society  approve 
the  sentiments  contained  in  the  Serious  Lec- 
ture delivered  to  the  CONSTITUTIONAL 
SOCIETY  at  SHEFFIELD,  on  the  28th  of 
last  month — and  eamestiy  recommend  it  to 
the  perusal  of  all  who  think  CIVIL  and  RE- 
UGIOUS  LIBERTY  a  Blessing. 

'^  Resolved,  That  the  Commanding  a  Oene' 
ral  Fasty  for  the  purpose  of  imploring  the  Di- 
vine Father  of  Mercy  and  Peace  to  support 
and  prosper  us  in  the  horrid  act  of  deliberately 
destroying  our  fellow-creatures,  is  repugnant 
to  the  true  spirit  and  principles  of  Christi- 
anity, where  wo  arc  commanded  to  pray  for 
our  enemies,  &c.  And  further  considering, 
that  a  great  part  of  tiie  PFX)PLE  are  unac- 
quainted with  the  nature  of  the  present  WAR, 
either  as  to  its  justice  or  necessity  (every  en- 
deavour bein^  used  to  keep  them  ignorant  of 
the  real  principles  and  design  for  which  it  was 
commenced)  to  approach  and  to  supplicate  the 
Omnisciekt  Power,  under  such  circumstan- 
ces, and  for  such  a  [>urpose,  must  indeed  be 
dreadful,  since  knowledge  and  conviction  are 
wanting. — ^I'hc  zcorse  than  hypocritical  hearts 
of  tiiosc  who  are  the  Authors  of  such  a  mea- 
sure—although they  at  present  impose  upon 
the  ignorant  and  credulous,  by  such  detest- 
able, such  pretended  show  of  devotion-— cannot 
escape  the  chastisement  of  that  Power ^  whom 
they  thus  insult,  and  trom  whoso  judgment 
there  is  no  appeal. 

♦*T.  H\RDY,secreU 


S5  GEORGE  III. 


«  SOCIETY  FOR  CONSTITUTIONAL  IN- 
FORMATION. 

^'  March  2Ut,  1794. 
«  RESOLVED,  That  the  Secretary  of  this 
Society  be  directed  to  write  to  the  FRIENDS 
OF  PEACE  AND  REFORM,  AT  SHEF- 
FIELD ;  and  to  assure  them,  tliut  this  Society 
"^dews  with  pleasure,  their  steady  exertions  to 
ottain  a  fair  Representation  of  the  PEOPLE 
of  Great-Britain  in  Parliament;  and  the  pro- 
per methods  which  they  have  taken  to  cm- 
ploy  usefully  those  days  which  may  be  ap- 
pointed for  Public  Fasts. 

"  D.  Adams,  secretary.*' 

Henry  Alexander  sworn.— Examined  by  Mr. 
Wood. 

Were  you  a  member  of  the  London  Corres- 
ponding Society  ? — Yes. 

How  lon^  is  it  since  yon  first  became  a 
member  ?— it  was  tlic  latter  end  of  the  year 
1793 — I  do  not  know  the  week. 

What  division  were  you  ? — Division  twenty- 
nine. 

Did  you  meet  at  Robinson's  Coflec-house, 
Shirc-lane? — Yes. 

How  many  might  your  division  consist  of? 
— ^I  think  1  was  the  twenty-fifth  member 
when  I  went  in. 

Did  you  know  Mr.  Yorke? — Yes,  by  sight. 

Was  he  a  member  of  the  Corresponding 
Society  ?— lie  became  a  member  while  I  was 
there. 

Do  you  remember  his  being  with  you  the 
latter  end  of  the  year  1793,  at  Robinson's 
Coffee-house  ? — Yes. 

What  number  of  people  might  there  be  as- 
sembled at  that  time  ? — I  suppose  between  CO 
and  100 — the  room  was  quite  full. 

Did  Mr.  Yorke  tell  you  whether  he  was 
going  to  leave  you,  or  not? — On  the  Li-t 
night  that  he  was  at  the  society,  he  took 
leave  of  them  by  a  long  speech — he  said  he 
was  going  to  Bel-gi-um— Bel-gina. 

Did  he  say  for  what  purpose  he  was  going 
there  ? — Yes ;  that  he  was  going  to  head  the 
French  army,  and  should  be  back  by  Christ- 
mas; that  he  had  received  a  letter  from 
a  friend  of  his  in  Bel-gi  um,  where  they  were 
going ;  that  they  would  be  ripe  by  Christmas 
■—he  was  going  at  the  head  ot  them. 

Ripe  for  what  ? — For  a  revolution. 

Did  he  say  whether  he  meant  to  return  into 
England  again  ?— He  did. 

What  more  did  he  say? — He  said  he  was  in 
ho|)cs  he  should  come  at  the  head  of  tlicni  to 
England. 

One  of  the.  Jury. — Where  was  he  to  come 
to?^— To  London. 

You  say  he  made  a  long  speech  upon  his 
taking  leave  ? — Yes. 

What  did  he  say  to  you  in  that  speech— the 
substance  of  it  ?— The  substance  of  it  was 
as  I  informed  you  before— that  he  had  re- 
ceived a  letter  to  go  over;  that  he  liad  an 
offer  of  being  a  member  of  the  National 


Trial  of  Thomas  Hardy 


1840 


Convention  in  France;  and 'that  lie  wts  in 
hopes  he  should  have  the  pleasure  of  coming 
here,  either  by  Christmas,  or  the  beginning  of 
the  year,  at  tlic  head  of  them ;  and  that  be 
should  sec  them  all  ready  to  join  him ;  and 
that  he  was  in  hopes  that  Mr.  Pitt,  with  the 
difi'erent  ministers  he  mentioned,  and  the 
king's  head,  would  be  upon  Tcmplc-bar. 

Lord  Chief  Justice  Eyre, — ^That  who  would 
join  them  ?  — That  the  society  would. 

Lord  Chief  Justice  Eyre, — Whose  heads 
upon  Tcn'ple-bar  ?— Mr.  Pitt's  he  mentioned, 
the  minister's,  and  the  king's. 

Mr.  Wood  — Recollect  as  much  more  of  the 
speech  as  you  can. 

One  of  the  Jury. — Did  you  mention  the  time 
when  this  meeting  took  place  ? — It  was  the 
5th  of  November,  1703. 

Mr.  Wood, — Did  he  say  any  thing  to  you 
about  the  king  and  queen  of  France  ?■:— Yes, 
he  did — he  made  some  observations  upon 
them,  but  I  cannot  recollect  the  words  now. 

But  the  substance  of  it  ? — ^The  substance 
of  it  was,  tliat  it  was  what  they  had  deserved 
— that  they  had  met  with  their  desert 

Did  he  say  any  thing  about  war  ? — ^I  Jo 
not  recollect  that  he  did. 

Did  he  say  any  thing  about  the  Sans  Cu- 
lottes ? — lie  did  make  mention  of  the  Saos 
Culottes  ;  that  they  were  a  set  of  brave  fel- 
lows— lie  said  a  deal  about  them,  that  tiiey 
were  a  set  of  brave  fellows. 

Do  not  you  recollect  wliat  he  said  besides  ? 
-^I  do  not. 

Did  he  say  anv  thing  to  vou  about  arms  ? 
—He  did. 

%VIiat  did  he  siy  about  arms? — lie  said 
that  he  was  in  hopCi>  wlicn  he  came,  ho  should 
find  Iheni  all  ready  to  join  him,  and  that 
when  the  ]>oint  came  that  he  hoped  they 
would  not  be  alraid,  and  spring  ur  shrink 
from  what  they  pretended  to  ho  ;  he  said,  it 
was  impossible  to  do  any  thing  without  some 
bloodshed. 

One  of  the  Jury, — Whom  did  you  mean  by 
the  they  K-'-The  sotiely  ;  he  was  speaking  to 
the  society. 

Mr.  Wood. — What  did  he  say  about  blood- 
shed ? — lie  said,  that  there  would  bo  no  goo»l 
done  witliout  some  bloodshed. 

Did  he  say  any  thing  to  you  about  Sheffield, 
or  the  people  at  Shetiield? — He  said,  Hint 
there  was  a  set  of  brave  men  thcic. 

Did  he  tell  you  in  wlmt  thry  were  brave  ? 
—I  cannot  say  tliat  tie  did. 

What  more  did  he  he  .say  about  the  Shef- 
field men.? — I  do  not  recollect. 

Where  was  tlie  blood  to  be  shed  ? — lie  did 
not  say. 

Did  he  say  any  thing  about  brtad  and 
cheese,  do  you  recollect? — No  ;  there  was 
such  a  thing  mentioned  in  the  society  one 
night  before ;  there  was  a  per;)on  came 
in  ironi  Sheffield,  and  said  tliat  they  bad 
pikes  made  at  Sheffield  at  sixpence  »*piece ; 
there  was  another  made  answer  in  the 
roooi|  who  he  was  I  did  not  kooW|  nor  liim 


\Ul} 


Jhr  High  Treason* 


A-D.  I79i. 


rws 


Ircim  Sheflicy;  he  Maid  it  would  de  •/ui>J 
i  lur  tbtm  to  have  Ute  s^ame,  il  wottid  univ  be 
pjiviu2  upon  bread  and  cheese  fur  ooe  day; 
I  Jlr.  Yvrke  was  not  there  then. 

Was  it  the  V  it  ?*-N0|  it  uiigbt  be 

L^OOr  three  lii  re, 

was  Mr  lorke's  speech  received 
Dg  3?<jti? — (luite  unanimous;  when  he 
Up  we  all  got  up  and  abook  haiuU  witli 
birn;  all  rose  and  &hook  hands  with  him 
Livhca  he  e;ot  up  and  left  the  room. 
I  littd  Chief  Justice  Effre. — Did  you  see 
r^lf  Vnflcany  more  ?^  f  saw  him  no  more 

Hirf. — Do  you  know  where  he  went/ 
\^^l  did  not 

Did  ywi  cootli^uc  in  the  society  aAer  that 
[nighti  or  leiive  it  ?— I  went  after  that  to  Mr. 
[puQdad*^  o^ice,  and  likewise  to  my  lord 
fjniyor,  who  is  sitting  there : — No,  it  was  sir 
aes  Sanderson, 

|ve  you  seen  an^  other  bills  like  Ihal 
idng  one  to  the  witness]  ?— No. 
I  ^ou  see  that  before  f — No. 
Why  did  you  go  to  my  lord  mayor  ? — Be- 
Lcausc   I  thought  It  was  proper  liiat  govern- 
at  ahuuld  be  let  into  the  light  of  what  they 
fttt   proceeding    upon;    immediately  as  1 
out  what  they  were  I  gave  informa- 

What  had  you  apprehended  them  to  be  at 

!  ^rhi } — At  the  iirst  1  was  asked  to  go  to 

sgcicty— I  did  not  know  whnt  Ihcy  were ; 

k  soon  as  I  got  in,  Smith  was  delegate  ;  the 

oa  with  me  was  a  friend  of  Smithes; 

asked  me   to   be  made  a  member — I 

;  I  did  not  know  wliat  it  was,  I  gave 

co-pence,  and  they  gave  me  a  ticket. 

Wbrrc  is  it? — I  gave  it  to  Mr.  Dundas's 

ficretary. 

How  long  was  it  before  tliat? — I  think  I 
I  iciveti  limes  tliere. 

ii/ejfianc/rr*— Cross-examined  by  Mr* 
Erskine, 

What  are  you  ? — A  linen-drap<»r. 
^WbfBTC  do  you  live  ?— At  the  Uose,  in  tlie 

I  reside  there  at  present 
_  .  time  of  the  year  was  il  that  you 

ifft  went  with  your  friend  to  this  society  ? — 
ToiiMilatbe  latter  end  of  tlie  year  1793. 

Bid  you  go  for   i'  ^e  of  being  a 

meiober  ? — 1  did  not  l  became  one. 

Jbr  what  purpose  uiu  v^m  go?— I  went  for 

I  purpose  of  going  to  a  chib  ;  my  ac<)uaint- 

^fraelced  mc  if  I  would  go  to  a  society  with 
iim,  and  I  went. 

Who  is  llus  friend  ^'^His  naroc  is  White- 
bom, 

Vou  went  these  perhaps  from  curiosity?— 
Koflbiaift  else. 

Was  Mr.  Yorke  there  that  night  ?— lie  was 

>»Wbo  mtgtil  be  there  that  fir«.t  i>i^ht  ?— 
ae  Ihal  were  liiereaa  del*  hlcy 

Ci  and  Baxter  was  xhi  arc 

1 1  Imow  Vj^  namty  v^cefii  Whtietituu, 
VUJL  XXIV. 


Wlat  day  of  ihc  montli  was  it  ? — I  caoiiQt 
say. 

Wlmt  day  of  the  week  was  it  ? — Of  a  Tuea-* 
diiy. 

Jn  what  monlh  I — ^I  cannot  say  the  month* 

Tr>  ? — I  cannot. 

Did  you  hear  any  thing  that  tiflendetl  you 
that  night? — No,  nothing;  at  all. 

llow'long  did  tliey  sit  ?^ — ^lill  twelve — 'lUI 
near  one  o'clock. 

Wliut  did  tliey  converse  about  ?— They  had 
pa[>crs. 

Were  they  read  ? — I  think  Mr.  Smith  had 
some  paniphkt  thial  night  to  be  read  ;  he  ge- 
nerally broudii  papers  of  some  kind. 

Then  you  heard  it  read  ? — Yes;  there  was 
something  read  that  night. 

Did  you  become  a  member  that  night  ? — 
Yes, 

After  you  had  heard  that  read  ?^Thcre  wai 
nothing  read  till  after  I  was  admitted  a 
member. 

Then  you  were  suddenly  converted  into 
a  member;  you  went  there  out  of  mere 
curiosity^  with  no  design  of  becoming  a 
member,  and  at  once^  when  Smith  started 
up,  you  became  a  laember  t — lie  asked 
Whitchorn* 

And  VVhitehom  went  from  curiosity? — 
No,  he  belonged  to  them  before,  to  a  society 
in  Holborn,  which  I  did  not  know  till  after- 
wards. 

When  did  you  go  next  time  ?— I  missed  two 
or  three  nights. 

You  say  you  attended  seven  meetings  ?— I 
Uiink  I  attended  seven  times. 

Was  Yorkc  there  the  second  time?  -No. 

Who  was  there  tiic  second  tune  ?^I  do  not 
recollect — Smith  wiih  there. 

Did  not  you  become  acqtiaintcd  with  the 
people  who  were  there,  by  conversing  witti 
Ihem? — ^No;  I  conversed  with  Ashley,  I  apoke 
to  him  two  or  three  times. 

You  became  a  member, because  you  wished 
to  propagate  their  opmions  and  doctrines  ?-^ 
Not  at  all. 

Then  in  plain  English  you  went  there  as  a 
spy  ;  did  you  not  ? — When  I  went  1  did  not 
know  what  il  was. 

When  you  became  a  member,  did  not  you 
become  a  member  for  the  purpose  of  mfomH 
ing  ? — After  I  knew  what  they  were  1  did. 

Had  you  had  any  opinions  upon  the  subjcc 
of  a  reform  ?  did  you  wish  a  relbrm  of  parltat 
menl  ? — I  did  not, 

Xben  why  did  you  bncome  a  member  if 
you  did  not  wi^h  for  a  rt.  lorui  in  parliament, 
hut  for  the  purpose  ot  being  a  spy  ?— When  t 
became  a  memDer  I  did  not  know  what  they 
were. 

Did  you  not  know  they  were  a  locicty  for 
parliamentary  reform  ? — Yes, 

You  say  you  did  not  wish  a  parliamentary 
reform  ? — 1  scarce  knew  what  tlicy  meant  by 
it  when  Ihey  read  it  over. 

Did  you  wish  a  parliamenlary  reform  when 
you  became  a  meiq^i^  when  you  heard  that 

%  T 


6*3] 


S5  GEOKGE  III. 


) 


pftp<?r  reail  tlie  first  nighl?  Now  mind;  did  you 
uibh  a  parliamentary  reform,  or  aiiy  altera- 
tion iy  the  House  of  Commons  or  in  the  go- 
vcfumcnt  any  way?— Upon  your  oath  (look 
icross  to  the  jury) — Did  you,  uj>on  your  oath 
when  you  Wcame  a  member  of  that  society 
%isb  and  desire  to  have  any  alteration  in  an  v 
part  uf  the  government  ? — You  need  not  loofc 
■I  me»  1  shall  hear  it  wcU  enough ;  why  do 
Jfoti  hcs^itatc — come,  cough  it  up»  answer  me 
fliat  upon  your  oalh;  are  you  acquainted  with 
Mr.  Doiin**  of  Manchester? — No. 

I  shonkl  have  thouglu  you  were  ? 

J,orcl  Chief  Justice  Eyre— Why  do  not  you 
answer  the  question  ? — I  do  not  understand 
you. 

Mr,  Enkine, — I  am  sorry  for  it ;   I  befievc 

rm  are  the  only  one  in  court  that  does  not: 
will  put  it  again  to  you,  because  I  wish  to 
*'"  eivilto  you*    Did  you  wish  a  parliamen- 

y  reform,  or  any  alteration  in  the  go- 
menty  when  you  became  a  member  of  that 
ety  ? — I  never  wished  any  thing  of  the 
J. 

Then  upon  your  oath,  why  did  you  become 
a  member  of  a  society  for  parliamentary  re- 
form, if  you  wished  nothing  of  the  kind? — 
The  reason  of  my  becomine  a  member,  was, 
when  I  went  in,  as  I  said  before,  Smith  asked 
White  home  if  I  would  not  be  made  a  mem- 
ber ;  he  said  no,  I  had  better  not  to-night ; 
but  Smith  urged  him,  and  said  make  him  a 
member ;  then  one  got  up  and  read  a  paper,  I 
heard  him  read  something,  but  I  did  not  un- 
derstand what  he  read  till  after  I  got  the 
paper  from  him;  they  gave  me  afterwards 
what  they  read  over,  and  the  ticket 

Then  you  read  it? — I  do  not  know  I  read  it 
that  night, 

Did  you  read  it  before  you  went  there 
igain  ?'  -Yes  I  did. 

Then  since  you  took  the  paper  read  in  the 
society  home  with  you,  ana  read  it  in  the  in- 
lervai  between  the  first  lime  and  the  second 
time  of  your  going  there,  you  must  approve  of 
it  before  you  went  a  second  tiroc? — I  did  not 

You  thought  there  was  danger  In  it?— I 
tead  It  to  two  or  three  of  my  mends ;  ihey 
were  of  the  «anie  opinion  as  myself. 

What  is  become  of  the  paper?— I  left  it  at 
Mr.  Dundas's  office* 

Then  you  went  of  course,  the  second  time, 
for  the  nurpose  of  becoming  an  infomicr?*-- 
1  did  ;  I  went  to  see  what  they  were  upon. 

Between  the  first  and  second  time  you  went 
to  that  %o€iely,  or  before  you  went  to  it  at  all, 
had  you  been  desired  by  any  body  to  go  for 
that  purpose  ? — I  had  not, 

ThtMj  you  went  of  your  own  mere  motion, 
bcranse  you  wished  to  be  serviceable  to  thc3 
pubiic  by  going  there  J^Thc  second  timo  I 
did. 

*  See  his  examinations  on  the  trial  of  Walk^ 

|[55et  Asubaequcni 

trinl  ftOd  i.w»tivKUv/u  ivi  ^ijU4^f  |J,  1100. 


Triid  if  Thomas  Hardy 

When  you  were  there  you  pretended  lo  ] 
a  friend,  no  doubly  and  to  approve  of  what  i 
goin§  on  r — I  did. 

Whereas  ui  fact  you  were  a  spy?— -So 
proved  at  last 

Y'ou  went  the  second  time  in  order  to 
one  ? — I  went  in  onler  to  see  what 
plan  was, — what  the  real  grounds  of  it  i 

Did  you  take  down  any  minutes  on  pftpcrl 
—They  would  not  suffer  it. 

You  went  again  a  third  time  T — I  did. 

Was  it  tticn  that  Yorke  talked  of  the  pikes  t 
"*No. 

They  tnct  weekly,  did  not  they?-*-£v 
week. 

That  would  extend  to  near  two  monlhsf 
then  of  course  you  can  tell  us  what  month 
was  in  ? — The  month  I  went  I  cannot  t%y. 

How  lung  ago ;  was  it  in  1793  or  1794  f-- 
In  1793. 

Was  it  winter  or  summer  ?-*Towards 
latter  end  of  the  year. 

How  long  before  Chnstmas,  think  you^ 
I  cannot  say  that ;   I  recollect  the  day  wh 
Yorke  made  his  speech,  I  attended  twice i 
I  had  been  with  Mr.  Dundas. 

Should  you  know  the  persons  if  you  San 
lliem,  that  attended  this  meeting  at  the  4 
of  this  year? — I  cannot  say;--*I  ahould  J 
Ashley. 

If  you  saw  the  countenances  of  the 
people  tliat  you  s^w  in  that  room?—!  do 
know— I  could  not  swear  to  them. 

W^cre  they  generally  the  same  people^  i 
different    people ?  — Different  people; 
came  from  different  divisions. 

How  many  people  do  you  mean  lo  i 
were   in  the  room  that  rose  up  and 
hands  with  Mr.  Y'^orke,  when  he  stated  wb 
you  iiave  told  the  jury  about  bloodshed  i 
about  arms? — To  say  exactly  I  cannot 
member ;  there  might  be  in  tlie  room  upw^d 
of  sixty,  or  between  that  and  an  hundied| 
the  room  was  as  full  as  it  could  hold. 

I  have  almost  forgot  the  name  of  the  plaoti 
*  -A  coffee  house  in  Shire-lane, 

Then  they  all  shook  hands  with  Mr.  Yor 
in  applause  and  approbation  of  what  he  saidj 
— Yes,  they  did  when  he  got  up  to  quit  the 
room. 

Was  that  when  be  was  going  to  Btt-gi^m  f 
Yes. 

Was  tliat  the  word  he  made  use  of,  that 
he    was    going   to  Bel-gi-iunf — Yes— Be^j 
gi-ara  or  Bel-gi-um. 

Had  you  heard  of  that  place  before?— N©p 
nor  did  not  know  what  it  was. 

And  he  said  he  was  going  to  boad  tte:j 
French  army  ? — Yes,  he   was  going  lo 

gi'um,  to  head  the  French  array,  ^d  alu 

be  back  by  Chrbtmas;  that  he  had  reoeivod  a 
letter  from  a  friend  of  his  in  Bel«gi*um,  ihil 
they  ^^  listmas. 

YtJii  «,  Rs  a  lover  of 

COUn!i  Ke. 

N  '  other  raMi9« 

Then  J  vu  wcat  vuiunafUy,  witboul  «rw 


Mnr  «niti1(md  by  any  body,  or  desired  by  | 
any  Body  f-— There  were  three  of  my  friend's 
'oned  it  to,  who  thought  I  s»hould  do 
J  said,  in  giving  the  information. 
So  are  they  ? — One,  his  name  is  Brough- 
(  another  is  a  widow  lady,Mr5.  Grass  wood, 
*'  ,  Bryant. 
J  long  have  you  been  in  business  for 
_lf  ?— -I  am  not  in  business  for  myself 
That  are  you  then?— A  hneo  draper  by 
pf^eaaioD. 

&ut  not  for  yourself  ?*-Nd. 
A'hom  do  you  live  with  ? — I  urn  not  in  a 
^tuation  at  present. 

You  are  in  a  very  singular  situation,  I  think ; 
wbal  do  you  mean  by  not  being  in  a  situa- 
tion I — Not  in  employment. 

How  long  is  it  since  you  were  in  empby- 
njenl? — In  May  last 
Where  did  you  live  ?— In  Moorfields. 
Where  there  ?— At  Mr,  Kcllerby's,  No.  U, 

«bury-piaceb 
e  is  a  linen  draper,  I  suppose  ? — He  wa« 
— be  has  since  let  his  ihop  to  another ; 
he  tarries  on  the  tailoring  business, 
-llow  long  did  you  live  with  Mr.  KeOerby  ? 
ivc  months* 

IThcn  waa  it  you  went  to  him  ?— 1  left  him 
Uk2ay — I  went  to  him  in  December. 
r  ou  came  to  him  in  December  ? — In  De- 
ober, 
t\^ou  came  to  him  as  a  shopman^  did  you  f 
les. 

^herc  did  you  live  before  that? — At  Mr. 
*  'cr'a,  a  linen-draper,  on  HollK)rn-b ridge. 
>id  you  live  long  there  ? — I    lived  there 
•I  two  years. 

cc  you  lait  left  this  Mr.  Kellerby,  have 
been  applying  for  any  other  business  } — 

Wliat  sort  of  business  ?  (look  across  U}  the 
jUfy>--For  the  same. 

it  is  a  long  time  in  this  town,  where  there 
IS  »o  much  linen  and  catlico,  to  be  out  of 
sinea^ :  whom  have  you  applied  to,  during 
it  time,  to  be  employed  l**-!  have  applied 
^fferent  people. 

To  whom? — ^To  Twymaa  and  James,  in 
ilbom. 

\  else  ?— r  applied  tu  another  person 

just  opened  *hop ;  he  was  going  to 

'Ir.  Marley,  in  Holborn»  with  him 

Jivc^  No.  320,  facing  Gray's- inn- 

JJow  happened  it  you  left  him  f-^Bccause 
Dbligaied  to  attend  here. 
I  you  have  lost  your  business  by  at- 
I  here? — Ihave. 

ytni  are  a  good  patriot,  indeed !   so 

Om  a  zeal  for  the  truth,  and  in  order  to 

re  that  wiiich  you  have  been  proving,  you 

I     wokp    oW  your   agreement  with  this    Mr. 

^■^  1 1  he  to  give  you  a  year  ? — ^IVcnly- 


forb 


^t;o  is  it  since  you  entered  into 
^ageiueoi   with   him?-- Some    tilse 
» ht  q>tOf)d  ihop. 


Yoii  ktow.  I  do  not  know  when  he  openi 
shop;  when  was  that? — On  the  Iwcnly-secom 
of  last  month,  I  think. 

How  long  was  U  before  he  opened  alioi 
that  you  entered  into  this  agreement  wii 
him  ?— I  cannot  say. 

A  day  or  two  days?— A  considerable  tima 
before. 

How  long? — I  believe  the  latter  end  oi 
July,  or  the  Dcginning  of  August. 

So  you  entered  into  tin  agreement  with  him 
when  did  you  go  to  tell  him  that  you  cour 
not  goon  with  this  agreement  ?— I  told  him 

How  long  ago  ? — 1  told  him  the  day  after 
had  the  subpoena  that  I  must  leave  him. 

How  long  ago  is  it  that  you  had  the  su 
poena  ? — I  had  the  subpoena  last  Tuesday 
ni|bt. 

Who  subpeona'd  you? — Mr.  Wood. 

Were  you  told  it  was  necessary'  that  y 
should  give  up  your  employmenl  tor  that  ? 
No. 

Did  you  ask,  whether  they  would  alloi 
you  to  continue  with  this  linen-draper,  ai 
give  you  notice  when  you  should  be  wanted 
— I  did  not. 

Did  you  apply  to    tlie    solicitor   of 
treasury,  or  any  body  engaged  io  this  pi 
lion,  to  tell  them  that  you  tiad  entered  in 
such  an  engagement  ? — No. 

So  you  gave  up  your  employmenl  voUm 
rOy,  because  you  were  wanted  here  at  t 
Old-Bailey,  for  half  an  hour?-- Yes,  for 
other  reason. 

Did  you  ask  Mr.  Marley  whether  he  won 
consent  to  take  you  as  his  shopman,  and  allu 
you  to  come  here  for  the  purpose  of  givinj 
evidence  ? — ^No. 

Had  you  an  idea  that  Mr.  Marley  wou! 
have  recused  to  permit  you  to  obey  the  kiu; 
writ,  by  coming  to  give  evidence  here  ?— 1- 
that  continuance  ol  time  that  I  expected 
would  be. 

Where  is  Mr,  Marley's  sliop  ? — In  Holbo 

So  you  mean  to  swear,  that  having  enter* 
into  an  engagement  with   Mr.   Marley, 
receive  ^bL  a  year,  you  put  yoursell  out 
employ  without  ever  asking   him,  wlielh 
your  attendance  here  was  consistent  with  hi 
employment,  or  asking  the  solicitor  of  l' 
treasury,  whether  he  would  give  you  noti 
when  you  would  be  wanted  to  give  evidencel 
— Yes ;  I  only  left  him  last  l-nrby. 

What  reason  did  you  give  hira  ? — I  said 
was  going  out  of  town. 

Then  you  do  not  speak  the  tnuh,  T  suppoi 
unless  when  yoiiiixe  upon  oath  ?— Yes,  1 

Why  then  did  you  tell  him  you  were  gor 
out  of  town  ? — Because  I  expected  to  be  si 
for  to  Sheffield  about  Yurke. 

How  could  jou  exprct  it  when  you  kn 
that  this  trial  was  couung  on,  and  you  w 
subpoenaed  here? — I  expected  to  go  after, 
soon  as  this  was  over. 

What  made  you  suppose  you  should 
called  to  go  down  to  Shcllietd  lu  soon  as 
trial  was  over  ? — I  only  buroaiiit'd  that  m 
own  imagination. 


16 

M 


1  do.] 


647] 


35  GEORGE  IIL 


Trial  of  Thtmdt  Uardy 


[648 


Had  any  body  told  you  ydu  were  to  be 
employed  upon*that  busincssy  after  you  had 
been  here  upon  thisjob?— No. 

Then  what  made  you  think  you  were  to  go 

down  to  Sheffield  lAer  Mr.  Yorkc? Look 

at  the  jury,  do  not  look  so  much  at  me,  I  have 
seen  enough  of  you.— The  reason  of  my 
thinking  so  was,  I  had  been  informed  before, 
that  he  was  expected  to  have  beisn  tried  at  the 
last  assizes  at  York. 

Who  informed  you  so? — Mr.  Wood. 
.    You  told  me  a  little  while  ago  you  did  not 
know  you  were  to  go  down ;   it  was  only  a 
surmise  of  your  own  mind?— Immediately 
after  this  was  over. 

You  have  not  sought  out  for  any  employ- 
ment since,  have  you  ^— No. 

Where  did  you  live  before  you  lived  with 
this  Mr.  Kcllerby  ?— At  Mr.  Faulder's. 

Where  before  that? — In  Cheapside,  with 
Mr.  Smith. 

How  long  is  that  ago? — ^That  is  between 
four  and  five  years  ago. 

How  long  did  you  live  with  Mr.  Smith,  in 
Cheapsidc? — I  was  with  him  eighteen  mouths, 
I  believe. 

And  left  him  five  years  ago? — I  do  not 
know  that  that  is  exactly  the  time — I  left  him, 
and  went  in  the  country  for  eleven  months. 

For  your  health,  I  suppose? — I  went  to  see 
my  friends. 

Where  do  they  live  ? — ^At  Washford,  near 
Salisbury,  six  miles  from  Salisbury. 

Who  are  your  friends  you  went  to  see  there  ? 
—-My  aunt. 

Wliat  is  her  name  ? — Alexander. 

How  long  did  you  stay  with  her? — ^I  was 
there  eleven  months. 

That  is  eleven  months  out  of  five  year«, 
when  you  paid  your  affectionate  respects  to 

?rour  ttunt — What  did  you  do  when  you  came 
>ack? — Where  did  you  go  next.* — ^To  Mr. 
Marley's. 

That  cannot  be,  you  know ;  for  that  is  five. 
years  ago } — I  went  from  Smith's  to  Fauldcr's. 

You  know  it  is  five  years  ago.— It  is  rather 
better  than  four,  I  believe. 

You  lived  eighteen  months  with  Mr. 
Smith;  you  went  to  your  aunVs,  and  staid 
eleven  months ;  when  you  came  back,  after 
having  paid  this  visit,  and  after  you  had  left 
Smith,  where  did  you  live  before  you  went  to 
Fauldcr^s  ? — I  was  with  an  aunt  in  Old  Bedlam. 

Another  aunt?— Yes. 

Where  is  Old  Bedlam  ? — On  the  other  side 
Moortields. 

Is  her  name  Alexander? — No,  Simpson. 

How  long  did  you  live  with  her? — It  is 
impossible  for  me  to  say  exactly  how  long 
it  was. 

Did  you  live  tlierc  up  to  the  time;  for  if  you 
do  not  tell  mo  that,  I  shall  ask  you  where  you 
did  live— did  you  live  with  your  aunt  in  Old 
Bedlam  after  you  came  out  of  the  country  up 
to  the  time  you  went  to  Faulder's  ?  I  do  not 
want  to  hurry  you.- -I  went  to  Smith's  irhen 
1  returned  from  the  country;  from  Smith**  I 


went  to  my  aunt%  In  Old  Bedhun,  and  was 
there  till  I  went  to  Faulder's. 

I  am  thrown  out  quite ;  you  have  changed 
the  whole  thing  upon  me  at  once— when  you 
¥rrite  your  life  youmust  be  alittle  more  correct 
I  will  just  take  it  down — ^bow  lone  is  it  ago 
siuce  you  lived  with  Smith  ? — Ramer  better 
than  four  vears ;  but  1  cannot  be  certun. 

What  did  you  leave  Smith  for?— We  had 
some  words. 

Had  some  words — ^what  might  the  wordi 
be,  think  you?— I  do  not  know  I  am  sure 
exactly  now;  we  had  some  words,  and  ujton 
tliat  account  we  parted. 

You  have  an  amazing  good  memory ;  you 
have  repeated  a  whole  speech  a  knan  made  at 
a  meeting;  but  you  cannot  remember  thft  few 
words  that  passed  between  you  and  your 
master — now  try;  I  will  sit  down  and  givi 
you  time. 

Lord  Chief  Justice  Eyre. — ^Why  do  not  you 
give  an  answer  ? — I  cannot  recollect  the  word% 
It  is  so  long  ago. 

Mr.  Ers^ine.— Then  you  do  not  remember 
the  words  ? — I  do  not. 

When  you  have  words  with  a  man,  it  means 
you  had  a  quarrel — You  know  I  did  not  ask 
vou  what  you  said  to  your  master,  and  what 
he  said  to  you ;  but  what  was  the  quarrel 
about — ^You  must  have  a  strange  memory  for 
a  witness — who  is  to  repeat  a  whole  speech, 
if  you  do  not  remember  for  what  you  left 
your  master — I  wish  you  would  look  at  those 
gentlemen ;  they  are  very  good  looking-men. 

Mr.  Attorney  General. — Mr.  Erskine  has 
said  repeatedly,  that  this  witness  had  repre- 
sented that  he  stated  the  whole  speech  that 
Mr.  Yorke  made — I  say,  that  is  not  only  not 
correct,  but  it  is  very  far  from  correctness. 

Mr.  Erskinc. — I  am  exceedingly  glad  to  l»c 
corrected,  and  I  shall  esteem  it  no  interrup- 
tion whenever  you  do ;  because  I  am  so  used 
to  this  work  that  nothing  can  put  me  out — Do 
try  and  recollect  what  was  the  nature  of  the 
quarrel  between  you  and  Mr.  Smith. 

Lord  Chief  Justice  Eyre. — Do  you  recollect, 
and  if  you  do,  have  you  any  objection  to 
telling  us  ? — No. 

Lord  Chief  Justice  Eyre. — ^Then  do  you 
recollect  what  you  quarrelled  with  Mr.  Smitli 
about  ? 

Mr.  Erskine. — I  am  entitled  to  have  the 
benefit  of  this  gcntleman*s  deportment— If 
your  lordship  will  just  indulge  me  for  one 
moment. 

Lord  Chief  Justice  JTyre.— Give  him  fair 
play.» 

*  Mr.  Burnett  (Treatise  on  various  branches 
of  the  Criminal  I^w  of  Scotland,  chapter  18) 
thus  notices  the  EngHsh  method  of  deatiag 
with  a  witness  on  cross-examination : 

**  Nor  do  we  allow  that  latitii^  " 
termed  ]ic€noeyteooii»Mi  ?* 
nation  which  1^"* 


far  High  Treason. 

Mr.  EnkinD^^'Ht  has  certainly  had  fkir 
play~-l  wUii  we  bad  aa  fair  piay ;  but  that 
fs  noiaddresMd  lo  the  Court. 

Mr.  Attorney  Gcuera/.— But  whom  do  you 
mean  f 

Mr.  Eriitme.— I  say  the  prisoner  has  aright 
to  fair  play. 

Mr.  Garrom. — But  you  said  it  was  not  said 
to  the  Court. 

Mr,  Erskinc—^Bul T  am  not  to  be  called  lo 

order  by  the  bar — ^Do  you  or  do  you  not  recollect 

,  whai  wa^  ttie  cause  of  your  quarrel  with  your 

liiasler  ? — Home  words  that  happened  between 

I       the  sho|>man  and  me— We  had  words  first, 

'       and  then  ray  master  and  I  had  some  words 

on  accuuiU  uf  it,  and  then  we  parted. 

What  was  the  nature  of  ttie  (quarrel  between 
you  and  tbie  sho^^aa,  which  led  to  the 
quarrel  between  you  and  your  master ;  because 
now  you  i*ee  you  begin  to  recoUert  it  ? — We 
hwd  some  high  words  and  he  called  me,  I 
said  1  would  not  be  put  upon. 

People  seldom  begin  to  ahuse  one  another 
without  some  reason  ? — y^'e  had  words— I  was 
)iul  as  well  a*  him,  1  *%upposK' — We  called  one 
Another  foals — I  do  not  know  whether  we  did 
tool  btrike  one  another— he  wanted  lo  be 
head— I  Siiid  I  would  not  put  up  with  it. 

Who  was  he  ?—  His  name  is  Williamfi. 

What  is  his  Chnslian  name? — I  do  not 
recollect. 

ills  credit f  or,  as  may  be  said  in  many  cases, 
his  temper ;  by  which  a  plain  and  honest 
^'itness  may  be  often  confoundeil^  and  ao 
irritable  one  led  into  indiscretions  as  unbe- 
coming the  Court  as  mjurious  to  the  cause  of 
truth  and  of  justice.  I'air  and  honcj>t  wit* 
nesses,"*tho,^e  who,  to  usr  the  language  of 
the  Imperial  Rescript,  •  6»impliciter  ^isi  sint 

*  direrc,  qui  iion  tmutn  eundemque  meditatitm 
?  sermonem  attulcrint,  sed  a<)  ea  qua?  interro* 

*  gaveras,    extempore    verisimilia    responde- 

*  rint,*  are  entitled  to  the  fullest  proleclion 
of  the   law,  and   ought  not  by   the  inge- 

'  nuity  of  a  pleader  to  be  led  into  perplexities 
tnd  fleetnmg  contradictions.  The  state  of 
society  in  our  neighbouring  country ,— the 
description  of  those  who  often  appear  there 
as  witnesses  in  the  trial  of  crimes,— the 
greater  frequency  of  false  accusations,  and 

I  sometimes  of  vexatious  prosecutions,  and  the 
rule  of  evidence  that  the  testimony  of  ene 
witness  may  in  certain  cases  be  sumcient  to 
convict  ;  all  account  for,  and  perhaps  render 
necessary,  a  mode  of  examination  which  has 
hithertobeen  little  known  in  Scotland." 

**  It  i.s  this  iicenre  in  the  English  mode  of 
cross-cxHminatton  that  has  given  rise  to  a 
doubt  with  some  late  writers  on  the  English 
law,  whether  ex  ami  nations  in  open  court  are 
in  every  instance  preferable  to  private  cjcami- 
nations,  taken  down  in  writing.  See  Evans's 
Appendix  to   Pothier's  TreaUsc  on  Obiiga- 

!  twyns,  p.  936,' --Burnett  on  the  Criminal 
•Law  ol  Scotland  p.  406. — Sec  also,  as  to  this, 
Peake's  Law  of  Evidence,  cb.  3,  8.  fi,  pp.  148 
rt  icq,  andch.3,  s.  0,  pp.  'iOi>  a  uq,  4th  edit. 


L 


Do  you  know  where  be  went  to  afterwards  ? 
— I  do  not. 

Have  you  ever  seen  Mr.  Smith  since  you 
parted  from  him  ? — Yes,  once. 

From  Mr.  Smith's  did  yoii  go  to  your  aunt  ? 
You  told  me  before  that  you  had  gone  lo 
your  aunt's,  and  returned  from  near  Salisbury 
to  Mr. Smith's  ? — I  went  to  Mr.  Smith's  after 
returning  from  Salisbury  ;  then  1  went  to  my 
aunl's  in  Old  Bethlem ;  there  I  was  till  I 
went  to  Mr»  Faulder*s. 

You  arc  sure  it  was  in  the  latter  end  of  the 
year  179J,  that  you  heard  all  this  about  pikes  ? 
— Yes, 

What  did  you  hear  at  the  third  meeting 
you  went  to?*^I  cannot  say — I  took  no  par- 
ticular notice  of  any  thing  that  I  beard  but 
that  night. 

How  long  did  you  stay  the  third  time?—  ^i 
Till  between  eleven  and  twelve  o*clock.  '^^l 

At  what  time  did  you  go  in  the  evening  ?-'^^^ 
About  eight-- 'between  eight  and  nine,  ~ 

And  staid  till  between  eleven  and  twelve. 
—Yes. 

Do  you  recollect  any  thing  said  that  third 
night  ?— I  won't  pretend  to  .say  I  do  any  night, 
except  that  time  that  York  made  his  speech ; 
lliat  I  can  recollect  particularly — varioul 
things  were  read  over  at  different  times. 

Wimt  were  you  doin^  between  the  hours  of 
eight  and  twelve  at  night? — Sitting  there— 
they  kept  the  books  open,  and  they  admitted 
members,  till  nine  o'clock,  I  think  it  was. 

How  many  members  were  admitted  that 
night  ? — I  cannot  say. 

But  there  were  some  members  admitted  ?*-- 
I  do  not  know  whether  any  members  were 
admitted  that  night — there  was  in  general,  of 
nights;  but  tlie  books  were  kept  open  for 
admission  of  them  till  nine  o*c1ock. 

But  I  take  far  granted,  that  a  great  deal 
must  be  said  between  eight  and  nine,  and 
eleven  and  twelve;  because  you  know  you 
went  there  in  order  to  inform  ? — I  went  ibere 
to  hear  what  they  had  to  say. 

In  order  to  inform,  you  have  told  us  before 
— Then  did  you  hear  nothing  at  all  ? — I  look 
no  particular  notice  of  any  thni^. 

Yuu  went  the  fonrth  ijjght---did  you?— Yet. 

What  lime  m  the  cvcnmg  did  you  go  the 
fourth  night? — 1  suppose  about  the  same  lime. 

And  since  you  went  in  order  lo  collect  in- 
formation^ you  staid,  I  suppose,  till  the  party 
broke  up.  What  was  said  that  night  1' — I  do 
not  recollect  any  thing  in  particular. 

Not  a  syllabic  N<*i  do  not  recollect  any 
thins  at  all. 

Wliat  lime  did  you  go  the  fifth  night?— 
About  the  iame  time,  I  suppose* 

And  staid,  of  course,  tdl  it  broke  up  ?— * 
Yes, 

Can  you  recollect  nothing  that  passed  that 
fifth  night  ? — I  cannot  recollect  to  say  in  par- 
ticular what  nights  they  were— I  think  1  saw 
Mr,  Yorke  three  times  there— -he  came  in  with 
another  person-- he  said  they  had  been  lo 
NeM*g^te  lo  Mr.  Frosty  auid  that  he  was  to 


J 


651]         35  GEORGE  III. 

be  pilloried  the  next  day— he  said  he  had  had 
tome  words  with  Mr.  Kiihy, 

What  did  you  hear  said  that  night  by 
Yorke  about  the  pikes  P— I  never  heard  Yorke 
mention  about  the  pikes  that  I  know  of  ^  it 
was  a  person  in  the  room— I  do  not  think 
Yorke  was  there  the  night  the  pikes  were 
mentioned ;  it  was  a  person  came  in  from 
Sheffield,  and  said,  they  could  set  pikes  at 
sixpence  a*piece  from  Sheffield;  another 
said,  he  thought  it  would  do  for  them  as  well 
as  for  the  people  of  Sheffield,  and  it  was  oidy 
living  upon  bread  and  cheese  for  one  day. 

So  that  is  all  that  you  can  remember  in  all 
the  times  that  you  attended? — I  remember 
hearinr  Yorke  speak  another  time  about  the 
anny's  oeine  defeated,  and  their  havms  mop- 
sticks  to  defend  Frost  while  he  was  pilToriea. 

Was  this  on  the  seventh  night? — ^I  cannot 
say. 

Thomai  IfftifeAom  sworn.— Examined  by  Mr. 
Bower. 

Were  you  at  any  time  a  member  of  the 
London  Correspondmg  Society  ? — I  was. 

At  what  time  did  you  begin  to  be  a 
member  ?— The  same  evening  as  the  witness 
that  WHS  last  examined. 

About  what  time  of  the  year — the  begin- 
ning, the  middle,  or  the  end  ?— Towards  the 
latter  end  of  the  year. 

What  is  your  profession  ? — I  am  shopman 
to  a  l^pokseller. 

The  first  time  you  were  there  was  with  the 
Inst  witness,  Alexander  ?— -It  was. 

Do  you  know  how  Alexander  came  to  go 
there? — I  believe  we  went  together. 

Did  Alexander  propose  it  to  you,  or  you  to 
him?— I  cannot  say;  but  we  both  went  the 
same  evening,  I  believe. 

Were  you  both  admitted  the  same  night  ? 
—Yes. 

How  long  did  you  continue  a  member  ? — ^I 
believe  we  paid  fur  a  quarter  that  evenine— I 
was  there,  to  the  best  of  my  knowl^ge,  about 
four  or  five  times. 

Did  you  see  Mr.  Yorke  there  at  any  of  the 
times  ? — Only  once,  to  the  best  of  my  know- 
leilee. 

llow  long  did  you  continue  a  member  after 
the  night  you  had  seen  Mr.  Yorke  there  ?— I 
was  not  there  above  once  or  twice  after  thaL 

Have  you  quitted  the  society  ?— Yes. 

How  came  you  to  quit  it?— I  could  not 
conveniently  attend— I  left  my  situation— I 
did  not  know  any  particubr  reason. 

You  remember  Mr.  Yorke  being  there  ? — I 
do  partictilarly. 

Were  there  few  or  many  people  in  the 
room  at  that  time  ?— There  ought  be  from  forty 
to  sixty  People. 

Did  Mr.  Yorke  come  in  as  an  ordinary 
member,  or  dbtincubh  himself  in  any  way  ? — 
He  came  in  as  thouch  be  had  been  there 
before,  and  seemed  to  be  very  well  known. 

Did  he  s^v  any  thing?— He  made  a  long 
sfpaech;  I  left  him  speakings  and  dv  nM 
rcowater  aanripvt  of  hn  speech. 


Trkd  qfThmoi  Hardjf 


OSSt 


Do  you  mean  that  then»  mi^t*be.fiirtj 
people  when  you  came  in,  or  when  you  wenl 
away?— At  each  time  the  room  was  nearly 
full 

Though  you  do  not  remember  the  words  of 
his  speech,  perhaps  you  can  recoUect  enough 
to  say,  whether  it  was  a  moderate  or  violent 
speech,  or  what  the  subject  of  it  was?— He 
seemed  speaking  very  loud,  but  I  was  at  the 
farther  end  of  the  room  firom  him. 

Cannot  you  take  upon  you  to  recollect  efen 
what  the  substance  of  his  speech  was  f-^No ; 
not  a  sentence  I  could  not  swear  to. 

You  were  there  the  first  night  thai  tiie 
other  witness  went  with  you? — ^I  believe  it 
was  the  first  night 

Do  you  recollect,  before  you  went  oot  of 
the  room,  whether  any  thing  was  said  about 
Yorke,  about  his  intentions  of  either  being;  in 
one  place  or  another,  about  going  abroad,  or 
being  at  home,  or  any  thine  of  that  kind  ?—• - 
I  understood  something  Uiat  he  was  going 
abroad. 

From  whom  ?— I  beUeve  he  mentioned  it 
in  his  speech ;  I  did  not  mind  the  particular 
words;  or  whether  I  understood  it  from  ai^ 
body  else  in  the  room,  I  am  not  certain;  but 
I  understood  he  was  about  quitting  England. 

Whom  did  you  live  with  at  toe  lime  yoo 
became  a  member  of  this  society  ?— The  uio 
Mr.  William  Owen,  in  Fleet- street. 

Where  did  you  go  to  afler  that  ?— To  Mr. 
Baxter*s,  a  bookseller,  No.  81,  in  the  Strand. 

Do  you  recollect  enough  of  the  speech  that 
was  made  by  Mr.  Yorke  on  that  night,  to  t«U 
me  what  impression  it  made  upon  your  mind 
at  that  timer 

Mr.  Erikine, — This  cannot  possibly  be 
evidence. 

Lord  Chief  Justice  £j^re — He  is  able  to 
give  no  account  at  all  of  it ;  and  as  to  any 
impression  upon  his  mind,  certainly  you  cannot 
ask  him  to  that 

Mr.  Bostr. — Had  you  any  conversation 
with  Alexander  afterwards  about  what  had 
passed  there  ?-— I  saw  him  a  morning  or  two 
after  wc  were  there ;  I  believe  I  might  ask 
him  how  long  he  staid  after  I  left  the  room, 
or  something  to  that  purpose. 

You  say  you  quitted  tlie  society  soon  after? 
— Very  soon  after ;  I  beUeve  I  was  not  there 
above  four  times. 

What  was  your  reason  for  quitting  the  so- 
ciety ? — Because  I  left  the  situation  1  was  in. 

Had  you  no  other  reason  but  that? — ^I 
lodged  a't  a  different  part  of  the  town,  and  had 
not  time  if  I  had  a  will  to  go. 

Was  your  reason  entirely  because  you  had 

changed  your  situation,  or  had  yuu  any  other 

'  reason  besides  ? — No ;  if  I  haJ  retained  my 

situation,  I  should  have  gone  again  most 

likely. 

Have  you  always  said  that  that  was  your 
reason  ?  *  Recollect  yourself. — 1  do  not  know 
that  I  have  said  any  thing  about  it ;  it  ^ 
matter  I  never  thought  to  be  qnesti 
and  never  troubled  n^self  about  iti 


6S51 


Jbr  High  Treaion, 


What  pArl  c»rthe  room  were  yoa  in — were 
fm  near  Mr.  Yurke  ?— No,  quite  the  reverse, 

Loftl  Chief  Justice  Et/rf.—Uovf  long  have 
you  koown  Alexander?— Some  montlia;  I 
esnnot  say  how  long. 

Lord  Chief  Justice  Etfre.—Wh^l  was  his 
situation  I — He  was  in  a  linen-draper's  shop. 

Lonl  Chief  Justice  Eyre, — What  jihop  was 
he  in  ? — At  the  first  of  my  knowledge  of  him 
at  Faulder's  at  Holborn  Bridge. 

Ciorgc  T['*ddi$m  sworn. — Examined  by 
Mr.  Bower, 

Yoti  lived  at  Sheffield,  I  believe  ?— Yes. 

rU'hat  b  your  business? — A  hairdresser, 
ave  you  any  other  employ  ?^ — A  turner. 
ere  you  at  any  time  a  member  of  the 
Conuitutional  f^ocicly  at  Sheffield  ? — Yes. 

About  what  time  did  you  become  a  mem- 
bor  ?^I  (}u  not  know  exactly ;  it  is  about  two 
fmrt  ago,  or  above  that. 

IV«fe  you  at  any  time  a  deleg;ite,  at  any 
division  of  that  meeting  ? — Yes. 

What  division  of  the  Sheffield  meeting 
were  you  a  delegate  of? — We  were  not  sepa- 
rated into  divisions  at  that  tim^  ;  we  were  all 
unHed^  and  used  to  meet  at  different  houses. 

Wh«n  w^as  the  separation  made ;  how  long 
after  you  became  a  member ;  do  you  recollect 
at  what  time  you  became  a  delegate  ? — 1  can- 
not say. 

Iluxv  rnriny  members  mi  eh  t  there  be  at  that 
tii  p  few  hundred**,  perhaps. 

>  I  Fountain  one  of^thc  houses  you 
mMmtf—Ves. 

Do  you  remember,  at  ahy  time,  being  there 
al  any  meeting  of  the  society  ?— Yes. 

Uo'w  many  people  might  be  there  at  the 
time  ? — To  the  best  of  my  recollection^  that 
w  Hie  first  time  I  attended,  and  there  was, 
|MriMD«»  about  two  hundred. 

Aod  that  is  about  two  years  ago? — Better 
IbsD  two  year?. 

Hotr  long  did  vou  continue  a  member  of 
tbtC  aoci^ty  ?— About  two  years, 

Wlun  you  first  remember  the  society, 
«hcfe  did  they  hold  their  meetings  at  Shef- 
6cy  ?— At  that  bouse. 

1*0  you  know  a  person  of  the  name  of 
Yorkc  ?— Yes. 

Do  you  know  him  by  any  other  name  f— I 
do  not 

When  did  you  first  sec  Mr.  Yorke ;  about 
what  time? — About  a  twelvo-month  ago,  I 
Wliere. 

Where  was  it?— I  cannot  tell  exactly  Ujc 
plicr  1  saw  him  at ;  eitlier  at  Mr.  Gale's,  or 

vcT  sec  him  I  at  any  time  after*  at 
1'"  '  'ngs  of  the  Constitutional  So- 
•  ral. 

'Ct  at  any  time,    whether 

an   active  part;    who  was 

^  v^  gcQenUiy  chairman  when 

tut  oAco  there? — I  have  seen  him  at 
lliforor  Ibui  diHiercEt  inoctingi . 


at< 
tit 

Mr. 


A-  D.  1794.  [654 

About  what  time,  as  near     as  you    can 
recollect,  did  you  see  him? — I  saw  him  atone  ^ 
meeting  in  Queen-street, 

When  was  that  ? — It  was  not  long  after  tlio 
execution  of  the  king  of  Franco. 

W^ hen  did  you  see  liim  at  any  other  meet- 
ing ?— I  saw  him  at  another  meeting,  at  the 
sign  of  the  Barrel.  ' 

IIow  Jong  was  that  meeting,  do  you  lecal' 
lect,  after  tJe  furnr^r  ?— I  cannot  recollect. 

Do  you  recollect  any  thing  partictdar  in 
Mr.  Y^orke*3  conduct  and  speech,  when  you' 
saw  him  al  the  Barrel  ?^ — I  do  not  recollect 
any  Unrig  particular  in  his  speech;    he  ap. 
peared  to  me  to  be  rather  in  liquor,  al  thef 
time  he  was  there.  ^^ 

Do  vou  remember  seeing  him,  at  any  time^ 
after  that,  at  a  meeting  in"  the  open  air  ? —  , 
Y'es ;  I  saw  him  at  tiie  meeting  at  the  Castle- i 
hill.  ^ 

That  was  about  the  beginning  of  Novem<- 
ber  last;— was  it  not  ?— No ;  April. 

What  was  done  at  that  meeting  f — ^Thal 
was  the  meeting  that  the  pamphlet  you  have - 
been  reading  was  proceeded  upon. 

Were  you  there  when  any  delegate 
elected  ? — I  have  been  there  when  tt^rc  hava'l 
been  delegates  elected. 

I  mean  a  delegate  to  the  Scotch  Conven* 
tion  ? — Oh !  I  was  there. 

When  was  that? — I  do  not  recollect  the 
time;    I  suppose  it  is  a  twelve-month  ago  I 
liearly. 

W^howasthc  delegate? — Matthew  Camp*^ 
bell  Brown. 

What  was  he  ? — He  is  an  attorney  by  pro* 
fcssion,  I  believe. 

Was  he  an  attorney  at  the  time  he 
elected  ^—Yes^  be  was;  but  some  little  time^ 
before  that  he  used  to  act  as  a  player. 

Did  he  go  to  EiJinburgh  in  consequence  of 
the  appointment  of  a  delegate  ? — I  believe  ht  1 
did.  J 

Did  you  see  Mr.  Yorke,  at  any  time  in  Xb§  ] 
present  year,  at  ShetTicld  ? — Yes. 

In  what  month  l^l  think  the   first  t'mit  ] 
that  I  saw  him  was  the  latter  end  of  Mart h, 
or  beginnin  g  of  A  pril. 

Did  you  attend  upon  him  ? — I  was  cmpby* 
ed  as  hair-dresser  to  him. 

Where  did  he  live  at  that  time?— At  oms 
Mr.  Cawlhome's. 

Had  you  an  opportunity,  when  yoiT  were 
about  Mr.  Yorkc,  to  know  what  he  was  do-  . 
ing ;  whether  writing  any  thing ;  or  what  he 
was  about?— I  do  not  know  in  particular  what 
he  was  about 

Di<l  you  learn,  durinjg  the  time  you  attend-] 
ed  Mr.  Yorkc  there,  whether  any  addreis,  or  I 
any  thins  was  going  forward  that  he  bad  any  ^ 
share  in  ?— 1  cannot  say  I  did  ;  I  saw  an  ad-  i 
dress  afterwards  that  was  said  to  be  wrote  bjTi 
htm.  1 

Were  you  ever  willi  Mr.   Yorke,  at  anyj 
time  when  any  tiling  was  siiid  about  arma? 
Yes;  I  was. 

What  tJEDc  was  that;  tcU  us  tbe  eir 


655] 


35  GEORGE  III. 


Trial  of  Thomas  Hardy 


[656 


Stances  first  that  happened  respecting  arms, 
when  you  have  been  with  Mr.  Yorke,  and  fix 
the  time  when  it  was? — It  was  some  time  in 
April,  I  think. 

In  April;— tell  me  what  passed  in  your 
presence,  at  Mr.  Yorke's,  between  Yorke  and 
you,  respecting  arms? — I  do  not  know  par- 
ticularly what  passed  between  him  and  me ; 
it  was  the  general  talk  of  the  town,  at 
the  time  the  arms  first  began  makinj^; 
and  Mr.  Yorke  and  me  had  s(K»ken  about  it : 
and  other  people  likewise  had  been  there 
speaking  with  him  about  it. 

Who  bad  been  there  speaking  with  Yorke 
about  arms,  when  you  have  been  with  him  ? 
— Not  when  I  have  been  with  him ;  but  peo- 

Ele  that  have  been  there  with  him,  I  have 
eard  them  talking  about  them. 

Do  you  recollect  an^  particular  people  that 
you  have  heard  talking  with  him  about 
arms  ? — I  have  seen  different  people  there ; 
but  I  do  not  know  whether  those  were  the 
people  that  had  been  talking  to  him  about 
arms. 

Have  you  had  any  conversation  with  Yorke, 
or  instructions  from  liim,  about  arms  ?-7-Not 
directly  with  him ;  I  made  some  myself^ 

What  did  you  n>ake? — ^I  made  a  dozen  for 
Mr.  Gale. 

Made  a  dozen  of  what? — Of  pike-shafb. 

Did  Mr.  Yorke  know  you  were  making 
them  ?-T- Yes,  he  did. 

You  were  making  some  for  Gale;  did 
Yorke  know  that?— lie  did. 

Did  you  tell  Yorke,  or  how  did  he  become 
acquainted  with  it  ?— I  do  not  recollect  whe- 
ther he  spoke  first  to  me  upon  the  subject,  or 
1  to  him ;  he  asked  me  once  or  twice,  if  I  had 
made  them ;  I  told  him  I  was  making  them ;  and 
when  I  had  one  made,  I  carried  it  to  him  to 
ask  him,  if  he  thought  that  size  would  do  for 
them;  he  said  he  thought  it  would,  or  to  that 
purpose. 

How  many  did  you  make  ? — About  a  dozen, 
or  a  duzen  and  a  half. 

Did  you  dispose  of  them  ? — No,  not  myself. 

What  became  of  them  ?— Mr.  Wilkinson 
took  them. 

Mr.  Wilkinson  is  a  magistrate  there  ?— Yes. 

Did  he  sf izc  them  all? — I  do  not  know; 
they  have  not  been  in  my  house  since. 

You  only  made  about  that  number  in  the 
whole  ? — Yes. 

Had  you  any  conversation  with  Mr.  Yorke 
res))ecting  the  purpose  for  which  these  things 
were  to  be  made?— Not  particularly  with  him 
upon  it,  more  than  other  people  ;  it  was  ge- 
nerally understood,  that  it  v^as  to  act  in  our 
own  defence. 

You  understood  it  was  to  act  in  your  own 
defence  ? — I  meant  to  have  one  in  my  own 
defence. 

Did  Mr.  Yorke  say  any  thing  to  you  about 
a  reform  in  parliament  ?— Yes. ' 

What  passed  between  him  and  you,  res- 
pecting the  reform  in  parliament  that  was 
8uugljf(  foit— Wc  never  bad  miidi  ■boulit  be- 


tween ourselves,  but  what  passed  in  public ; 
he  has  chiefly  delivered  his  sentiments  )■ 
public  about  it. 

Have  you  ever  had  conversation  with  bJm 
in  private  about  it  ?— I  have. 

Did  you  understand  from  him,  what  he 
meant  by  a  reform  in  parliament? — Yes. 

What  did  he  tell  you  ? — By  way  of  univer- 
sal suffrage. 

IIow  came  that  conversation  between  you  ? 
— I  do  not  know ;  it  was  a  thing  that  was  of* 
ten  spoken  of. 

Die!  Yorke  know  what  you  meant  by  a 
reform  in  parliament? — We  all  understood 
each  other,  as  I  always  understood^  that  "we 
were  all  for  universal  suffrage. 

When  you  say  tie,  whom  do  you  mean?— 
All  the  society. 

Did  you  inform  Mr.  Yorke  that  it  was  what 
you  understood  by  it?  —  I  do  not  recollect 
particularly  informing  him,  that  that  was  my 
meaning,  because  it  was  a  matter  generally 
agreed  upon  among  us,  and  so  there  was  not 
much  disputing  about  the  mode  of  reform. 

In  the  conversations  you  had  with  Mr. 
Yorke,  did  you  and  he  unitbrnily  agree  about 
what  you  meant  by  a  reform  in  narliameni, 
oc  did  you  difibr?— We  agreed  till  some  few 
weeks  before  Mr.  Yorke  lef\  Sheffield  the  last 
time. 

In  what  did  you  disagree  with  him?— I 
disagreed  with  him  in  respect  of  universal  suf- 
frage. 

Did  you  tell  Yorke  so  ?— I  did. 

What  said  Yorke  to  that  ?— As  near  as  I  can 
recollect,  I  told  him,  when  I  went  one  morn- 
ing to  dress  him  as  usual,  thai  I  thought  the 
plan  of  reform  we  were  upon  would  not  do : 
he  asked  my  motives  for  it :  I  told  him,  I 
thought  it  would  carry  us  too  far. — Well,  says 
lie,  i  have  studied  it  some  time  myself;  I 
have  read  various  authors  upon  the  subject ; 
and  I  cannot  see  that  any  rctorm  will  be  of 
service  to  the  nation,  except  that.— -very  well 
then,  says  I,  so  far  you  and  I  difl'er  in  opinion, 
and  I  will  no  longer  subscribe  my  name  to  any 
thing  that  tends  to  universal  siiffnige. — Very 
well,  he  said,  thru  you  must  give  it  up ;  an(t 
there  the  conversation  broke  up. 

After  that,  did  you  conlinue  to  have  the 
same  sort  of  communication  witli  Mr.  Yorke, 
upon  the  snhicci,  that  you  had  had  before, 
when  you  told  him  your  ideas  did  not  go  to 
the  length  of  universal  suftraj^e  ? — No ;  I  had 
very  little  conversation  with  him  after  that,  it 
was  very  seldom  that  I  had  much  conversa- 
tion with  him  upon  the  subject,  when  I  was 
with  him,  for  my  stay  was  generally  short. 

After  that  you  had  not  the  same  kind  of 
communication  ? — No. 

How  long  was  this  before  Mr.  Yorke  left 
Sheffield.^— Perhaps  two  or  three  weeks  be- 
fore. 

Do  you  remember  the  meeting  in  the  open 
air,  at  Sheffield,  in  the  month  of  April?— 
Yes. 

Were  you  pxesenl  at  Aat  meeting  ?^Y«. 


r  there?— He  wa». 
1'  make  a  speeclj  ihere? — 
^  Mc  length. 

Lis  speech  ?^ — ^Yes; 

1  '"■  1  .  '[. 

'  lid  you  so  IQ  see  Gale  ? 

ties  ;  I  rL  tri  Uiat. 

iafi  you  lun  wiih  Gale  or 

I  t-t  lit-  jvjivi  lui  ihc  shafts  you  hod 

!    fir  thpp^>_N0, 

II  to  apply  to   for 
1  in  f>;irUciibr  who 

h  if. 

t    ,  '  people  tliat 

them  of  tue,  I  to  pay  me, 

(I  yon  m:ikc  i  l  igr  sale? — Yes* 

buy  atiy  ?— No. 
V  tiiat  Uic  maghlratcs  seized 
yuu  f — rhcy  told  iiie  jTo. 
vc  said  you  had  utily  some  private 
tions  ifpiih  Mr.  Yorke,  but  tliut  lie 
,nv  ullier  conversations  Ihat  were  not 
,.  .K  ,         I  i,  ^^    iipard 

1 1  other 
.-  — 1  i,.i^^  iiL^iHi  iJiiti  speak 
pie,  who  have  bccu  alunir 
^  -.,  ..„^iLni  ihues. 
have  you  heard  him  say  to  any    of 
tins  you  ha%'e  8ceii  bini  with,  upon 
Tfttiy  description  ;-*-doyott  know  Da- 
p-Yes. 

l^^ou  €ver  seen  him  with  them  ?— No. 

1%  a  nictnher  of  the  society  ? — Yes, 

I  heard  Davinou  say  any  thing  re* 

ri«p  or  providuig  arras  p — Davison 

i€\\  ^  .j  niiiie^  and  he  and  I  frc- 

>ut  Uiem. 


A  cuwoincr  ot 


lnot 


ia  what  way? — in 

I  iuu'i  from  Davison,  at 

I  lose  shafts  ?^ — Yes. 

;i,..i  v,..»  with  l»im? — 

iid,  that  any 

,    tlKni:   uiily 

•  ■III 

ivT    '      ■  ■       '         ^       ■  :  I'      ^     .^    :.    ■  •         I    '.    in 

^    imifftt,  Irviu  the  Main  vi  the  ptopk'n  luitids 
att^nt  time. 

'  hiUlvou? — \es, 

d  It  was  for  your  own  dc- 


r.i 


iLd       I  any  of  the  books,  as  a  delegate  of 
!Oot  here,  I  believe?— No;  I  be- 

|e  Widdiion  cross-examined  by  Mr, 
JErskintr. 

TcAt  uft'tn  n  thr»tii  man;  you  were   two 
i^  fiociety  ? — Yp», 
tuw  weeki  of  Uic  time 
E  hcQi  sneaking  of,  ynu  had  been 
,iaifiii  with  the  rest  of  the  society 
TaQfinigt  f**Y€i*.  1  hiul. 
i  a  friend  of  your  king  ?— UiuJvubt* 
lffilicii|g6tDybgth. 


As  far  as  vou  could  collect  from  the  convci 
nation  and  behaviour  of  these  people,   wi 
whom  for  two  years  you  h:ui  associated,  and! 
who  were  lor  universal  suffrajre,  did  they  ap^ 
pear  to  you  to  be  people  that  loved  the  king  f 
— Yes,   in  general. 

I  ask  you,  as  an  honest  man,  would  yoid 
have  cwuiinutd  for  two  years  in  that  society,  rf 
you  had  not  had  reason  to  believe,  from 
YOU  haw  and  hoard,  that  they  were  people  that] 
loved  tlicir  king? — No;  I  wouhi  not  have! 
continued  with  them,  if  I  had  thought  thcyl 
acted  from  other  motives. 

You  did  not  think  that  universal  sufirapcl 
was  inconsistent  witii  love  to  your  king?- 
Undoubtcdiy  not. 

Wimt  was  generally  understood  by  univer- 
sal suffrage  t  and  who  were  the  people 
which  your  society  stated  that  they  copied,  ui 
their  desire  of  universal  suffrage  ? — The  fir 
resolution  that  we  came  into,  in  that  busine^s^ 
was  what  we  took  from  the  duke  of  ilicbi 
mond'splaa. 

Of  universal  suffrage? — Yes. 

Had  vou  any  of  the  publications,  at  that! 
time,  ot  the  duke  of  Itichraond's  f — Yes ;  af 
good  many. 

Do  you  remember  a  letter  to  colonel  Shar-  ] 
n^an  that  was  published  ? — Yes ;  that  wasinil. 

Should  you  know  it,  if  I  were  to  show  ilj 
you  ? — Yes. 

Was  it  ever  read  in  the  society? — Yes;  l\ 
believe  it  has  been. 

Did  you  ever  hear  it  read  ? — Yes :  I  have 
heard  it  read  several  times,  and  I  think  I  hav<! 
heard  it  read  once  or  twice  in  the  society. 

Was  it  generally  approved  of  f — Yea,  at 
the  time  that  we  adopteu  it. 

Is  that  it  ?  [showin;^  the  witness  a  printed'] 
copy  of  the  diike  of  Richmond's  Letter  to  co- 
lonel Sharinan].  Should  you  recollect,  if  Ij 
were  to  read  this  part  oi  it  to  you?  Dui 
you  recollect  this? — **  The  subject  of  a  parlia* 
meuLary  reform  is  that  which,  uf  all  others,  rnl 
my  opinion,  mo^t  deserves  the  attfnlion  ofl 
the  public,  as  I  conceive  it  would  include  every  f 
other  advantage  which  a  nation  can  wish ;  and] 
I  have  no  he^itation  in  saying,  that*  from  I 
every  consideration  which  I  have  bcenabla) 
t0  g^ve  to  this  ^reat  qui^!jtion,  that  for  many  I 
years  has  occupied  my  mind,  and  from  every] 
day's  cincrience  to  the  present  hour,  I  anij 
more  and  more  convinced,  that  llic  restoriox] 
^htb  gighl  of  vol  ' ' V  to  every  man,  ] 

notlttfUMrJ tat r  v^'aii  I  0 f  reasof  i ,  j 

or  by  law,  for  lit"  rudimi-Muu  of  crimes,  tog<> 
thcr  with  annual  elections,  is  the  only  reform] 
thatcan  b^  -iT.rt^^.i    ..>.i  ..-rf.v.fi.  nt ;    i 
further  an. 

that  IS  pr^  1. -.  -  ,  ,,  .  . 

read  it  frtqucnily. 

Now  I  ask  you,  upon  your  oath^  whether, 
as  far  as  as  you  know  (what  passca  in  tbod 
heart  uf  another  m;tn  you  crtnnot  tel]),^  but  a%l 
far  as  you  hav<  the  lonvcn^t*! 

lion  ot  thci>cti|  .ith  whomy^  ij 

«aapcjatcd,  aid  it  j^ptar  to  you,  ^od  did 

a  U 


iM. 


""■      ■*" 


659] 


35  GEORGE  III. 


express  themselves,  thai  this  was  their  ob- 
ject ? — Yes. 

Did  it  appear  to  you,  that  there  was  anv 
disposition  in  those  with  whom  you  associated, 
to  compel  this  by  force  of  arms  ? — I  never  un- 
derstood it  so. 

Was  it  from  any  fear  of  that  sort,  or  because 
you  changed  your  mind  on  the  idea  of  univer- 
sal suffrage,  you  thought  it  not  so  good  a  plan  ? 
— I  did  not  think  the  people's  minds  prepared 
for  it. 

Do  YOU  still  continue  to  think  as  you  did, 
provided  people's  minds  were  prepared  for  itP 
— When  I  read  that,  I  looked  upon  the  plan 
that  was  laid  down  so  clear,  that  I  thought  it 
could  be  done  without  any  kind  of  conhision, 
provided  the  people  were  acquainted  with  it ; 
out  from  circumstances  since,  and  upon  more 
mature  reflection,  I  had  reason  to  believe  they 
were  not;  and  it  was  from  the  same  convic- 
tion, that  I  dissented  from  it^  though  I  at  first 
approved  of  it. 

Were  you  a  member  of  this  society  at  the 
time  they  sent  their  delegate  to  Scotland  Y — 
YeSy  I  was  at  tlrnt  time^  and  some  time  after- 
wards. 

Did  you  think  you  were  driing  any  harm 


Trial  of  Thomas  Hardy  [660 

Lord  Chief  Justice  Eyre,^\  will  not  stop 
you^  but  it  is  contrary  to  my  practice  and  my 
opinion. 

Mr.  Attorney  General, — I  hope  your  lord- 
ship will  give  us  the  same  law  on  our  side. 

Lord  Chief  Justice  Ejfre. — In  a  cross-exa- 
mination certainly. 

Mr.  Enkine. — I  will  conform  myself  as 
near  as  I  can  to  your  lordship's  wish. 

Lord  Chief  Justice  Eyre, — I  would  not  hgr 
down  a  stricter  rule  iu  a  case  like  this  than 
has  usually  prevailed— ^you  say  it  has  been 
your  usual  practice. 

Mr.  Attorney  General, — ^Thosc  gentlemen 
who  assist  me,  and  who  practise  in  the  same 
court,  say  it  is  not  so. 

Lord  Chief  Justice  Eyre, — I  think  if  you 
will  examine  the  witness,  so  as  that  we  may 
have  his  own  answers,  instead  of  echoing 
your  words,  it  will  have  ten  times  more  effeet 
with  the  jury. 

Mr.  Erskine. — I  will  do  it  with  pleasure. 
Do  you  recollect  any  thing  being  said  about 
the  expediency  of  petitioning  parliament  horn 
private  bodies  of  men  ? — I  do  not  understand 
what  you  mean  by  private  bodies  of  men ;  I 
always    understood    that    it  was    in    publifi 


when  you  consented  to  the  sending  of  that ;  bodies  that  we  petitioned ;  our  matters  wefe 
delegate? — I  did  not  consent  to  it — 1  happen-    always  public. 


ed  to  be  too  late,  or,  I  believe,  T  should  have 
given  my  consent;  but  I  should  not  have 
thought  I  was  doing  any  harm  in  it. 

What  was  the  understanding  of  the  people 


Was  it  ever  expressed  by  any  body,  or 
from  any  thing  that  passed  m  your  presence 
in  the  society,  previous  to,  and  at  the  time  of 


_  ,  .  sending  the  delegate  to  Scotland,  that  th^y 
of  that  society  of  the  nature  oflhat  which  was  '  were  to  assume  all  the  functions  of  parw- 
to  be  done  in  Scotland,  to  which  they  sent :  ment,  and  be  themselves  a  parliament  ? — By 


their  delegate  ? — I  never  understood  that  they 
had  any  other  object  in  view  than  of  drawing 
lip  an  address  to  the  nation,  and  likewise  a 
]>etition  to  the  government,  the  parliament,  or 
some  other  branch  ofit. 

Did  you  ever  hear  any  of  them  say,  that 
petitioning  from  private  societies  of  men 
could  not  be  supposed  to  have  such  an  effect 
upon  parliament  ? 

Lord  Chief  Justice  Eyre. — Do  not  put  the 
very  words  in  the  witness's  mouth. 

Mr.  Erskine, — Your  lordship  recollects  I 
am  in  a  cross-examination. 

Lord  Chief  Justice  Eyre, — You  are  not  to 
put  the  very  words  iu*  his  mouth,  even  on  a 
cross-examination. 

Mr.  Attorney  Genertd, — It  is  a  misfortune 
that  that  has  been  the  course. 

Mr.  Erskine. — It  has  been  usual  so  to  exa- 
mine on  a  cross-examination  in  the  court  in 
which  I  practice.* 

•  The  system  thus  sanctioned  in  England 
differs  from  that  which  prevails  in  ScoSand, 
as  appears  by  the  following  extract  irom  Mr. 
Burnett's  Treatise  :  — 

**  As  to  the  tnodc  of  examining  witnesses, 
it  is  only  necessary  to  observe,  that  it  has 
been  all  along  a  nilc  in  our  practice,  not  to 
permit  leading  questions  to  t)c  put  to  wit- 


;  no  means ;  1  never  understood  it  in  that  light. 
I  Was  there  any  thing  said  by  any  of  them, 
I  as  if  that  was  their  conception  and  thf  ir 
I  plan } — ^No  ;  I  never  understood  i^  so. 
I  Would  you  have  been  a  party  to  any  such 
I  thing,  if  you  had  understood  it  soP — ^No,  I 
'  hope  not. 

Then  did  it  appear  to  you,  from  what  you 
collected  (we  know  there  might  be  bad  men 
in  any  soricly)  but  from  what  you  collected 
in  general  ot  the  disposition  of  your  society, 
from  what  yon  hoard  them  say,  and  the  sort 
of  people  they  were — did  you  then,  and  do 
you  now,  consider  them  to  he  j>eople  attached 

out  to  the  witness  the  answer  which  is  wi>hcd 
for,  as  *  did  not  you  sec,  &c.  *"  or  *  teas  U  not  so  V 
Neither  do  we  make  any  distinction  in  this 
matter  between  a  willing  or  an  unwilling  wit- 
ness ;  nor  between  the  cross  and  cAi>/' exami- 
nation, as  was  expressly  found  in  the  case  of 
Stevenson  and  others  tor  theft,  28  November 
J808;  differing  in  this  from  the  practice  in 
England,  whidi  allows  Icadinp  questions  to 
he  put  in  the  rroxs-examination." — Burnett 
on  the  Criminal  Law  of  Scotland,  ch.  18^ 
p.  465. 

With  respect  to  Leading  Questions,  see 
RosewcU's  case  in  this  Collection,  Vol.  10, 
p.  190,  Teake's  Law  of  Evidence,  chap.  9, 


nesses;    that  is,  such  as  from  the  form  in    secayPp.  S05,c<  irj.^thcdityand  PhiUippirt 
which  they  arc  put,  dearly  imply  and  point,  Law  or  £videncey  pirt  J|  ch.  8,  pp.  104,  iOf. 


p\ 


11}     ^^|p        Jbr  High  Treason. 

» their  kxng,  at  the  same  time  that  they  were 
lied   lu  iimr  own  freedom  ? — I   always 
Jookcd  upon  them  in  the  same  light 
Arc   jFoii   speaking  now  your  own  scnli- 
Ye*,  not  only  mine,   but   whal  I 
were  the  setitimculs  of  those  I 
iated  with. 

you  look  upon  them  as  persons  at- 
rrkingf — Yes;  I  T    '     vs 

It  thiit  the  kit  I  u 

^  s  of  the  pcopit  » r  1 1:  J  u^.  ^-.3 1  a* 
i:eve  that  was  the  jrcnerai  idea 
thi  ,  -, :_  that  were  concerned  in  the  so- 
ciety, thai  conductwl  it,  most,  if  not  all  of 
^thein. 

Tliat  i  preservation,  and  the  li- 

Wtjof  I  I,  were  iuseparabie?— 1  ai- 

irays  imdci  htwod  it  in  that  light. 

VVa^  any  thing  said  about  arms  for  the  piir- 
MBp  '  1 1  ng;  the  laws  that  are  under  hts 

^Bi  uiion  ? — 1  never  heard  it  men- 

RESieu  JO  tlal  light* 

I     Wiis  any  thina:  ever  said  in  your  society 
f  '  ~  itis  for  altackiug  the  kind's  ma- 

uiig  down  the  hiws  which  he 
'  ? — Not  in  my  hearing. 
^^\\s  satd  about  arms  ut  the  time 
Wis  put  out? — I  do  not  remem- 
r:i     j'okcn  of  in  the  society;  it 
f.illv  ^p  ikcn  of  in  conversations  we 
m  each  uthcr's  houF;e5. 
Whrn  Tou  made  a  pike  for  yourselfi  what 
It  for  ?— To  defend  myself  pro- 
]  be  necessary, 
I     y*  you  collect  at  that  time^  about 

\tht  April,  that  it  was  likely  you 

r  ma  for  your  defence  ? — Because 
io  good  an  understanding  be* 
I  ween  iiic  iwo  parties  as  there  was  before. 

Whom  do  you  mean  by  the  two  nartics? — 
Tlic  one,  us  who  were  for  universal  suffrage, 
the  oilier,  who  oppo^t'd  it. 
"!»''  ^'"    my  mtcutiou,  in  making  a  pike 
.^  ij  defend  yourself  ugamst  the 

)ho  rniiriir)'j  or  those  people 
kyou? — Unly  against 
^iit  come  witboui  any 
t&utboray  from  the  magistrate,  or  from 
taegovcrnitiujiL 

Fwm  what  you  knew  of  the  sentiments  of 
^e other  persons  of  the  society,  did  it  appear 
to  yoii  that  that  was  the  general  notion  f — 
)£ia,  I  always  understood  it  so;  because  we 
.1*  '  cen  threatened  in  difl'ercnt 

have  been  in* 
ji  mat  you  had  been  threaten- 
lull  violence? — Yes,  I  have  my- 
jiii^itut  companies  that  I  have  frc- 
i  have  heard  them  remark,  those 
vr    '.  liMTjiiv  Inoked  upon  as  aristo- 
me   you    might  give 
tiL  uijes;  that  if  any 
if  an  invasion 
iitry,  they  would 
nicoiiai  At  home  hrst.     I  have 
icgjfid  a^Mmt  mc  and  my  friends 


A,  D,  1794-  [662 

What  answer  did  you  make  when  you 
heard  thai  idlegtd  against  you  and  your 
friends?^!  do  not  know  in  pafticnlar  what 
reply  I  have  made ;  sometimes  perhaps  I 
have  said,  that  I  hoped  that  was  not  the  ge- 
neral disposition  oflhem:  if  it  was,  wc  i^hould 
be  under  the  necessity  hI  Ica^t  of  taking 
means  tu  be  prepared  for  them,  or  to  that 
effect 

Then  you,  and  those  with  whom  you  asso- 
ciated, were  well  disposed  to  the  government 
and  the  constitution  of  your  country  ? — Yes; 
I  never  had  any  intention  of  altering  it,  and 
nevf^r  understood  that  that  was  the  mtention 
of  the  society. 

Who  was  it,  if  there  was  an  invasion  In  the 
country,  that  said  they  would  moke  an  attack 
upon  the  others?— That  their  parly  would; 
that  they  would  follow  the  example  of  the 
French. 

And  attack  you  and  your  associates? — Yes. 

From  any  tlung  thai  passed  in  your  society 
relative  to  their  wish  of  universal  sulTraee^ 
was  there  any  thing  said  against  the  Lords' 
House  of  ParlianHnl,  or  only  that  you  wanted 
universal  sufTra^ie  in  the  Commons  ? — That 
very  rarely  tbnued  any  part  of  the  conversa- 
tion with  respect  to  I  he  House  of  Lords,  and 
the  only  three  pamphlets  I  ever  saw  upon  it 
were  wrote  by  major  Cartwright :  he  proposed 
some  alterations  \n  respect  of  representation 
of  ilie  House  of  Lords,  with  respect  to  filling 
Uiein  up  by  representation. 

That  was  thf;  only  book  you  ever  read  upoo 
the  subject  I — Yes. 

Out  that  was  no  pari  of  the  plan  of  your  so- 
ciety ? — No,  1  never  understood  that  ihut  was 
adopted  ;  tiiat  that  was  any  part  of  our  plan. 

Upon  the  whole,  am  I  m  understand  you 
that  you  continue  still  attached  to  the  king 
and  constitution? — Yes, 

You  say  you  saw  Mr.  Yorke  once  when  he 
was  drunk? — No,  he  was  not  drunk;  but  did 
not  appear  tu  be  so  sober  a  man  as  generally 
he  is. 

Have  you  often  ^ccn  ^Ir.  Yorke  attending 
at  your  meetings  which  you  have  been  speak- 
ing of? — 1  liave  seen  him  at  public  meetings 
some  few  titnes. 

With  the  exception  of  the  time  when  he  was 
a  little  in  hquor,  as  you  say,  how  did  he  coo- 
duct  himself  in  his  conversations? — Gene* 
rally  very  well,  from  what  I  saw  ur  heard  of 
him ;  he  used  to  gel  a  little  warm  m  conver- 
sation now  and  then. 

George  Widdiion  re-examined  by  Mr,  Boreer, 

I  observed  you  said,  that,  in  general,  you 
thought  people  who  were  desirous  of  univer- 
sal sufTr.i^'*  wrr*^  vvf  II  MfTecicd  to  the  kin^, 
you  sa:  ^otl  so  in  gcncniL 

You  It'  i)ccch;   now  did  it 

strike  you  that  be  wa^  one  of  tho»v  people 
who  were  well  aftectcd  to  the  king  ? 

jrirff/ooit.— The  speech  at  the  Castle-hilJ, 
du  you  me&Ei  f 

Mr,  Bciwer.— Yei. 


669]         35  GEORGE  IIL 

Widdimm. — t  had  not  sufficient  reason  to 
think  he  was  oth^nndse. 

At  other  times,  from  his  conversation^  did 
yon  imagine  him  one  of  those  persons  who 
were  well  afiected  to  the  constitution  and  go- 
vernment?—  I  had  never  reason  to  suspect 
otherwise. 

Did  you  happen  to  know  that  there  had 
been  a  communication  between  Davison  and 
some  persons  in  London,  about  sending  arms 
ro  London  ?— I  never  knew  it  till  I  saw  the 
letter  published  in  the  newspaper. 

When  was  that  ? — In  the  latter  end  of  May 
last. 

Was  that  published  at  Sheffield  ?—Tes,  in 
a  newspaper,  at  Sheffield,  and  in  a  London 
paper,  I  believe. 

Till  that  time  you  never  knew  that  there 
had  bf en  any  communication  between  Shef- 
lield  and  London  about  arms  ? — No. 

You  never  knew  that  the  convention  had 
any  other  object  but  to  petition  parliament 
for  the  alteration  wanted? 

Widditon. — Do  you  mean  the  English  or 
Scotch  Convention  ? 

Mr.  lioiper.— The  Scotch. 

Widdison. — I  never  understood  they  had 
any  other  object. 

You  never  understood  that  the  society  had 
any  other  object  in  sending  a  delegate  there, 
than  for  effecting  a  reform  in  parliament ;  that 
was  what  you  tmderstood  ? — Yes. 

Were  you  there  when  the  thanks  of  the 
Sheffield  society  were  voted  to  Mr.  Paine? — 
Yes,  I  was  a  member  of  it  at  the  time. 

Were  you  present  when  the  thauks  were 
voted  ? — I  cannot  remember. 

Have  you  read  Mr.  Paine's  books  then  ? — 
Yes. 

Then  I  may  take  it  you  are  of  opinion,  after 
reading  those  books,  that  the  thanks  of  the 
society  were  given  to  the  author  of  that  work 
by  people  properly  attached  to  the  king  and 
constitution  ?— Yes. 

Mr.  Bower, — Then  I  will  not  trouble  you 
with  any  farther  questions. 

Henry  Hill  sworn. — Examined  by  Mr.  Iauc, 

What  are  you  ?— A  cutler. 

You  live  at  Sheffield  ?— Yes. 

Were  you  at  any  time  a  member  of  the 
Constitutional  Society  at  that  place  ? — Yes. 

When  did  you  begin  to  be  a  member  of  it  ? 
—  As  soon  as  it  was  instituted,  the  second  or 
third  night. 

In  what  year  was  it  instituted? — I  think  in 
the  year  1792,  but  cannot  be  positive. 

How  long  did  you  continue  a  member  of 
that  society  ? — Very  near  twelve  months,  as 
near  as  I  can  recollect. 

Do  you  remember  during  the  time  you 
were  a  member  of  that  society,  Mr.  Yorkc's 
visiting  the  society  ?— Yes,  once. 

Do  you  remember  when  that  was?— I  think 
in  the  year  1792. 

Do  you  remember  the  meeting  on  the  Cas- 
lie.  hill?— Yes. 


Trid  of  Thomoi  Hardy 


{6M 


When  was  that  ?^That  was  ia  last  AmiL 

Do  you  remember  the  lecture  on  the  Fri- 
day ? — Yes. 

That  was  in  February,  1794  ?— Yes. 

Do  you  remember  aftet  this  lecture  had 
been  given  on  the  Fast-day,  any  talk  in  the' 
town  about  arms  ?— Not  till  some  tiflw  after 
that. 

Do  you  remember  the  meeting  ef  the  f  th 
of  April,  1794?— Yes. 

About  that  time,  was  there  any  coBven»- 
tion  prevalent  in  the  town  about  pravkiiog 
yourselves  with  arms  ? — Yes. 

Do  3'ou  know  Davison  ?— Yes. 

What  is  he  ? — A  printer. 

He  worked  for  Gale  f— Yes. 

Mr.  Yorke  lodged  at  Gale's  atonetiaoe^ 
did  he  not?— I  cannot  tell,  he  did  not  at  that 
time. 

Had  you  an  application  from  Gale,  to  make 
any  blades  for  pikes  ? — Yes. 

When  ?— In  the  beginning  of  April. 

Did  he  order  any  particular  number  ?— No. 

What  orders  did  he  give  you  respecting  the 
making  of  them? 

Hill.  —  Do  you  mean  in  the  size  and 
number? 

Mr.  1^10.— In  both.— He  brought  a  bayonet 
for  me  a.^  a  pattern  to  make  them  by,  I  made 
one  in  a  bayonet  shape,  and  Davison  approved 
of  it. 

Did  he  tell  you  where  you  were  to  get  the 
iron ;  did  you  take  it  upon  his  credit  or  your 
own  ? — Upon  his  credit. 

Who  was  to  pay  you  for  the  workmanship? 
— Davison. 

Did  tliat  pike  you  made  from  that  model 
meet  Davison's  approbation  ?  —  He  did  ap- 
prove of  it. 

Did  you  carry  it  to  Carnage's  ? — It  was  in 
Carnage's  house  he  saw  it. 

Did  you  ever  meet  Yorke  at  Camay's  ?— ' 
No,  I  was  desired  by  Davison  to  go  to  Yorke. 

Did  you  go  to  him  ? — Yes. 

Did  \ou  show  him  any  of  those  blades?— 
Yes. 

What  did  he  say  about  them? — At  the 
time  I  went  to  him,  he  had  iust  received  an 
account  of  Mr.  Walker's  trial,  at  Manchester, 
and  he  was  so  overjoyed,  that  he  had  very 
little  to  say  then  about  the  blade  that! 
showed  him. 

Did  he  approve  of  it? — He  had  little  to 
say ;  I  do  not  know  whether  he  said  any  thing, 
he  was  so  overjoyed. 

He  was  going  off  to  Manchester  then  ?— 
No. 

At  any  subseouent  time,  had  you  anv  con- 
versation with  Yorke,  about  those  blades  ? — 
No. 

You  said  he  was  overjoyed,  what  was  he 
overjoyed  at?  —  At  being  liberated  in  that 
indictment  with  Mr.  Walker,  and  Dunn  pu- 
nished ;  Dunn  was  pnt  into  prison.* 

He  said  nothing  upon  that  occanon  res- 


•  See  Vol.  Sd,  p.  1160  of  this  Colkctioii. 


Did 


Jcr  High  Treason* 

l^ectinf  the  pWte  ?— Nol  as  I  remember  oow. 
Did  yuu  ever  it^e  him  aAerwan)»,  with  a 

nerly  moimled  upon  a  9hat\  in  his 
es. 

When  Wju  that^  how  long  af\er  ? — It  wa« 
sometime  mfter^  perhaps  a  forittight  or  three 
w«eki;  I  caanol  jusiiy  teli  when. 

Did  be  make  ai^  observations  upon  that 
piktf  #0  prepared  and  mounted  ?— As  huJe  as 
poaaihk ;  there  were  some  young  girls  in  the 
foom  that  he  was  very  fond  of,  ne  took  it  in 
hit  hand,  and  pretended  to  give  it  a  push  at 
one  of  them. 

Dill  Davison  apply  to  yc«  to  make  any 
greater  number  of  pikes  aAerwaids  P — ^No; 
^hen  he  first  gave  mc  orders,  I  was  to  make 
io  I6ng  a^  he  employed  me. 

To  what  number  did  you  go  oti  making? — 
Iboiit  a  hundred  and  twenty,  or  a  hundred 
I  thirty. 

>id  Davison  take  op  these  and  pay  you 
'  themf^He  paid  roe  Iw  some  of  the'm. 
Had  he  the  whole  of  that  hundred  and 
arty?— Yea- 
\  Where  did  you  use  to  carry  them  to  when 
had    made  them  ?— Sometimes  I  took 
Them  lo  my  own  lodgings,  someiimes  to  Wil- 
^amaMc's, 

[you  dehver  them  to  Davfsoa  at  Wil- 
aagc's  P — If  he  was  there  I  delivered 
tm  to  him,  if  not  I  lefl  tiiem  there- 
Vhat  i>ay  had  you  for  the  workmanship  f 
ipTwo-pence  a  (>i€cc. 

^  You  saw  Davibon's  letter  to  the  prisoner  ? 
V\  did 

I  And  read  itf — I  did  not  read  it,  hut  heard 
I  reiid  it. 

he  6ay  any  thing  afUr  he  read  it,  re- 
Uri :  '    nand  there  might  be  from  any 

'f  thofte  pikes,  London,  or  any 
t:i-?c  --ihere  was  some  httlc  convcr- 
Mtioo  about  it,  but  I  cannot  recollect  what  it 
mi* 

Did  he  express  any  expectation  of  an  order 
ffom  any  other  place »  for  pikes  of  the  same 
•Oit? — ^Hc  said  he  did  not  know  but  there 
bt  be  the  same  nec<l  for  them  in  Ijondon, 
I  WAS  in  Sheffield. 
it  did  vou  understand  to  be  the  purpose 
"lich  tliey  were  prepared  at  Sneffield, 
bich  might  make  them  likewise  wanted 
don  ?--To  act  ujxjn  the  defensive,  io 
caic  thry  »^houfd  be  attacked  by  an  unlawful 

kT  was  to  the  priioner  at  lh€  bar« 
rrij^rv  of  the  Corresponding  Society,  I 
fUod  ?^1  do  not  know,  I  did  not  look 


A-  D.  1?94 


[C 


i^>  uy  whom  ihey  tupected  would 

i:i  i„L,„       i he  opposite  party  li»at  were 

in  T^tiduti  viho  ^'0.*,  to  attack  them  P 

t*^  ut  that,  tlicre 

^  }x>hdon  I  sup- 

if  ilierv  should  le  the 

Ml 

iia«j>  fthouid  be  Mlaekod  in  Lontion 


saw 

as^H 


by  the  same,  or  Mmibr  pcppIcasinShcflieJd^ 
— If  Ihty  Ihould  be  aitacked. 

How  S4»on  afliT  your  delivering  Ihcsto 
dred  and  thirty  pikes  lo  D^viK>n  did  he 
seofHi — when  did  he  icavc  Sht'Scldi* — I  tbii 
about  the  middle  of  May,  li  1  can  recollect 
right.       • 

JIf»ry  BiU  crosf-examined  by  Mr*  Gibhs, 

You  say  you  were  a  member  of  the  C 
»tinitional  Society,  trotn  the  time  that  tliey 
first  came  together  ? — Yes* 

1  suppose  you  wvuhl   not    ha\'o 
member  of  that  society,  if  you  had 
posed  it  would  have  been  t^ubful  to 
— Certainly  not. 

llad  you  ever  any  intention  in  becoming' 
member  of  that  society,  lo  endeavour  to 

EI  ace  the  king  from  his  throne  ? — No,  1  n 
card  a  syllable  of  the  sort  at  Sheffield. 

Do  you  suppose  that  was  ihc  view  of 
of  those  who  were  members  of  the  society 
— I  never  heard  tliem  declare  it  was^  they 
were  always  friendly  to    the    king   fur  any 
thing  that  ever  1  saw  by  them  ;  I  never  saw 
any  thmg  to  make  me  think  the  contrary, 
"    What  reform  was  it  they  wished  to  ha^ 
brought  about?— A  more  equal  representai 
in  the  Commons  House  of  P^rhament, 
understood  it. 

Whose  p)an  of  reform  in  parliament  ^^ 
they  follow? — ^They  followed  the  duke  of 
Richmond's  plan,  as  I  understood  there  were 
a  number  of  letters  distributed  in  Sheffield, 

Did  you  hear  the  member*  of  this  society 
say,  that  they  formed  themselves  upon  the 
duke  of  Richmond's  plan^  that  they  tollowed 
his  plan  ?— Yes,  I  have  heard  that  said  se- 
vere I  times. 

There  were  some  pikes  prepared  at  Shef- 
field ;  what  was  the  rea-  r  ^'  ^ '  '-ttr  preparing 
them  P— From  the  opr  using  such 

threats,  even  in  the  fli:,.^  -  uc  nigh  I,  they 
have  come  where  I  lodged  and  insultod  us  of 
a  nigfjt  tA'hen  we  have  been  in  bed,  and  have 
sworn  they  would  pull  down  the  house  and 
bum  it,  calluig  us  Jacobins,  and  calhng  tlie 
house  Jacobin-hall,  because  the  society  used 
lo  mmX  there,  some  divisions  of  it  before  I 
went  there. 

And  you  had  actual  rtaton  to  expect  dan- 
ger  froni  them  ? — Yes,  by  their  threats,  they 
have  even  shot  mto  people's  houses, an  armed 
set  of  people  that  made  a  parade  in  the 
street;  and  when  going  home  at  twelve 
o*clock  at  night,  they  shot  under  a  person's 
door. 

This  was  an  armed  set  of  people  at  Shef« 
fteld  ? — They  procured  arms  and  paraded  the 
street,  and  V  there  were  any  great  victory 
gained— 

Upon  some  occasion  of  this  sort,  Ihey  fired 
through  or  under  one  of  the  doors  ? — They  did. 

Was  it  this  sort  of  conduct,  and  tliosc 
threats,  thtt  induced  you  first  t»  preptue 
arras  f — ^No  other  thine,  no  other  view. 

Had  you,  or  any  of  the  people  of  IhiAeld, 


667]         35  GEORGE  III. 

a  view  of  attacking  the  magistracy  of  the 
country  with  those  arms  you  prepared  ? — No, 
iar  from  it. 

Were  they  then  meant  mereW  for  your 
own  defence? — Merely  for  sclf-de&nce. 

And  for  no  other  purpose  P — For  no  other 
purpose,  that  ever  I  knew. 

Uenry  Hill  re-examined  by  Mr.  Law, 

Before  you  prepared  these  pikes  for  self 
defence,  did  it  never  occur  to  you  to  mention 
to  Mr.  Wilkinson,  a  magistrate  in  the  neigh- 
bourhood, that  you  were  in  need  of  tliis  de- 
fence, if  you  should  be  attacked  ? — I  do  not 
know  that  ever  there  was  any  complaint  to  him. 

Do  you  know  Mr.  Al  thorp  ?— No. 

Did  you  make  a  complaint  of  the  danger 
which  you  were  in  to  any  other  person  that 
you  can  name? — ^I  do  not  know  that  any 
complaint  was  made  to  a  magistrate. 

Or  to  any  other  person  that  you  can  name  ? 
• — ^No. 

You  have  said  you  were  well  affected  to  the 
King,  and  that  you  had  no  objection  to  the 
House  of  Lords,  that  you  only  wanted  to  ef- 
fect a  reform  in  the  Commons  House  of  Par- 
liament?— Yes. 

Were  you  present  at  the  time  thanks  were 
voted  to  Mr.  Paine  for  his  works  ? — No. 

Do  you  know  that  a  vote  of  that  sort  was 
come  to  by  your  society  ? — ^I  do  not  know  any 
thing  about  it. 

You  do  not  in  fact  know  that  any  such  vote 
was  come  to  by  your  society  ?—  No,  I  do  not 
know  any  thing  about  it. 

Robert  Moody,  sworn.- -examined  by 
Mr.  G arrow. 

You  are  a  joiner  at  Sheffield  ? — Yes. 

Were  you  a  member  of  the  Constitutional 
Society  formed  in  that  place  ? — I  was  not  a 
regular  member  for  above  a  twelvemonth  be- 
fore I  was  apprehended. 

Besides  tlie  general  meetings  of  the  society, 
had  they  any  meetings  which  were  called  dis- 
trict meetings,  division  meetings  ^ — ^They  had. 

Did  you  know  a  person  of  the  name  of 
Ilenrv  Yorke  ? — Yes. 

Did  you  ever  see  him  attending  at  any  of 
the  meetings  ? — I  have  seen  him  at  some  of 
the  public  meetings. 

In  what  character  did  he  act? — As  a  speaker 
and  orator  whenever  I  saw  him. 

Did  you  ever  see  him  act  as  chairman  ? — 
Yes. 

When  you  say  you  saw  him  in  the  character 
of  an  orator,  do  you  mean  you  saw  him  ad- 
dressing the  people  ? — ^Yes. 

Where  ? — I  saw  him  at  a  meeting  at  the 
Castle-hill,  and  one  or  two  other  mcetmgs. 

How  many  people  might  be  present  at  the 
Castle-hill  ?— 1  think  not  less  than  ten  thou- 
sand. 

Upon  that  occasion  you  heard  Mr.  Yorke 
speaKingto  the  persons  assembled  there?— 

Were  you  near  enough  to  hear  and  collect 


Trial  of  Tkofkas  Hardy 


[668 


distinctly  the  substance  of  what  he  said  ^-i. 
No,  I  was  at  a  distance. 

Did  you  stay  till  the  business  was  con- 
cluded ? — Yes. 

In  what  way  did  he  go  home  to  his  apart- 
ment?—A  coach  was  brought,  the  horses 
were  taken  out,  and  the  populace  drew  him 
home. 

Do  you  remember  a  person  of  the  name  of 
Camage  being  there  at  that  time  P — ^Yes« 

Didyou  hear  him  read  an]^  resolutions  ?— I 
saw  him  up  reading  something  which  I  un- 
derstood to  be  the  resolutions,;  I  aft^nraids 
saw  some  resolutions  in  the  Sheffield  paper. 

Was  that  newspaper  printed  byOsuer— It 
was. 

Did  Broomhead  act  as  secretary  to  that 
meeting  ? — ^He  did. 

Didyou  after  tliat  see  Carnage  upon  the  bud* 
ness  at  your  shop  ?— Yes,  he  came  one  time, 
and  brought  me  four  or  five  jpike  blades  and 
spoke  to  me  to  make  three  dozen  of  handles. 

Who  came  with  him  when  he  came  to  you? 
— ^There  was  a  person  with  him,  I  do  not  re- 
collect who. 

Did  the  person  who  came  with  him  bring 
any  ?— I  do  not  know  whether  each  had  some^' 
or  one  brought  all  the  parcel. 

How  many  blades  might  Camage  brinjg  to 
you  upon  the  whole  to  be  fitted  into  handles  ? 
— There  were  blades  enough  to  answer  the 
shafls  he  had  Ordered,  three  dozen. 

Did  you  learn  from  Camage  what  the  pur- 
pose was  for  which  those  pikes  were  to  be 
made?— No,  I  had  no  orders  from  him  but 
just  to  make  them,  I  did  not  inquire  any  thing 
about  the  purpose  they  were  for. 

Who  were  the  persons  in  general  that  were 
furnished  with  those  pikes  ?— I  never  knew 
who  they  were  for,  but  I  understood  by  Cam- 
age,  that  a  man  of  the  name  of  Davison  vras 
to  take  them  from  him,  or  he  had  chaps 
for  them  so  far  as  I  should  be  paid  ready 
monev  for  them  when  they  were  done. 

Did  you  learn  in  the  society  from  members 
of  it  for  what  purpose  those  pikes  were  made? 
—I  did  not  know  farther  than  what  I  could 
collect  and  supposing  from  what  I  could  col» 
lect,  that  they  were  tor  self-defence. 

Self-defence  against  whom  ? — Against  peo- 
ple by  whom  they  supposed  they  might  be 
illegally  attacked,  for  reports  (and  only  reports 
as  Iknow  of)  had  said  thai  they  should  be  dis- 
persed ;  they  had  met  frequently  in  large 
meetings,  and  many  of  the  opposite  opinion 
said,  that  th<»y  should  be  dispersed,  and  how 
far  they  might  influence  a  justice  of  the  peace 
or  any  body  to  give  them  any  authority,  we 
supposed  a  little  matter  might  have  done  it : 
they  might  have  used  some  means  which 
they  supposed  must  be  injurious  to  some  of 
the  parties,  and  they  got  these,  as  thev  wished 
to  defend  themselves  in  case  they  should  be 
illegally  attacked. 

Do  yo^  recollect  any  conversation  about  the 
time  of  any  of  your  public  meetings,  with  re- 
spect to  the  dragoons  which  Tvere  in  the 


for  Hig*  Treason. 

neighbourhood  of  Sheffield? — Tes,  I  remem- 
ber 90  far  that  it  was  said 

Mr-  'Erikine, — Said  by  whom  ? 

Mr.  Garroa;.-- -Was  it  said  by  Carnage,  or 
any  of  the  members  of  the  society  ?— I  do 
not  know  by  whom,  buti  have  heard  it  said. — 

Lord  Chief  Justice  JByrc.— Heard  it  said, 
where,  by  what  people  ?—- Some  people  in 
town,  who  I  cannot  tell ;  it  was  a  report,  it 
mishtbe  true,  or  might  be  false. 

fi[r.  Garrow, — To  which  of  those  meetings 
did  the  conversation  about  dragoons  apply^ 
was  it  to  that  upon  the  Castle-hill? 

Mr.  Gibbs, — He  is  asked  to  what  meeting 
U  applied,  whether  it  applied  to  that  at  the 
Castle-hill ! 

Lord  Chief  Justie  l^yre. — ^The  question  is 
not  quite  so  correct  as  it  should  be,  because 
the  object  is  to  sec,  to  which  meeting  it  ap- 
plied. 

Previous  to  the  meeting  at  the  Castle-hill, 
and  how  long  previous  to  that,  had  there  been 
•oy  conversation  about  the  dragoons? — I 
know  of  none  before  that. 

Aitcr  that  meeting  at  the  Castle-hill,  did 
you  hear  from  Camagc,  or  from  any  other 
member  of  your  society,  any  conversation  re- 
specting the  dragoons  in  the  neighbourhood 
ofSheffield?-*-Notfrom  any  of  the  society,  I 
do  not  know  who  it  might  be  from  that  I 
heard  it. 

Attend,  do  you  mean  to  say,  that  you  did 
not  bear  it  from  Camage  ? — I  did  not. 

Nor  from  Davison  ?-— No. 

Nor  from  Broomhead  ?— No. 

Nor  from  Gale  ?— No. 

And  in  general,  not  from  any  member  of 
the  society  ?-. -Not  from  any  one  particular 


A.  D.  1794. 


[670 


I  do  not  ask  you  from  any  one  particular 
man  ;  were  there  any  dragoons  in  the  neigh- 
bourhood of  Sheffield  P — There  wore. 

When  you  were  in  Camage's  shop  at  any 
time,  did  you  see  any  leaden  instrument,  or 
model  of  an  instrument  ?— I  did. 

What  was  it  ? — It  was  what  was  called  to 
me.  in  the  privy  council,  a  night-cat;  it  was 
called  when  it  was  shown  to  me  a  cat. 

What  passed  at  the  time  that  that  cat  so 
called,  was  shown  you  in  Camage*s  shop  N— 
It  was  lying  in  the  window ;  I  took  it  up  and 
examined  tt  to  sec  what  it  was,  and  asked 
whatthatwas ;  he  told  me  as  he  had  been  told 
I  suspose,  he  said  it  was  an  instrument  that 
was,  or  might  be  made  use  of  to  throw  in  the 
streets ;  it  would  lie  pointed  upwards,  which 
would  prevent  horses  from  travelling  in  the 
streets. 

Did  it  seem  to  you,  that  the  instrument  was 
well  enough  calculated  to  do  what  he  stated  it 
bad,  or  might  have  done  ?-  It  did. 

At  any  way  it  presented  a  point  ? — Yes. 

Where  did  he  state  he  had  been  told  such 
in  instrument  had  been  used  ?"-He  never 
told  me  that  any  such  instrument  had  been 
used. 

You  said  it  was  an  instrument  tliat  had  been 


or  mieht  be  used  to  throw  in  the  streets,  it 

would  lie  pointed  upwards,  which  woidd  pre- 
vent horses  from  travelling  in  the  streets,  did 
he  mention  any  town  in  the  course  of  that 
conversation  ? — ^No. 

Who  was  present  besides  Camage  at  the 
time  that  passed  ? — Nobody  but  Camage 
and  me. 

At  any  time  when  you  were  present  at  Cam- 
age's  shop,  did  you  see  any  blades  for  pikes 
brought  home  by  any  body  r — ^Ycs,  I  once  saw 
some  brought  in  by  a  man. 

How  many  ? — A  few,  perhaps  six  or  eight; 
I  do  not  recollect. 

Did  you  see  any  pike  complete  at  Cam- 
age's  ? — I  never  saw  any  but  part  of  them  tha 
I  made. 

That  is  to  say  ^our  shafts  and  his  blades 
made  complete  pikes?— Yes. 

[A  pike  brought  into  court.] 

Is  that  the  sort  of  instrument  that  you 
made  ? — Yes. 

What  is  the  shaft  made  of  ?— That  is  madti 
of  deal. 

That  is  not  shod,  is  it  ? — ^No,  nothing  but 
the  wood. 

Nor  loaded,  is  it  ?— No,  there  is  nothing 
in  it. 

Do  you  remember  Mr.  Davison  making 
any  application  to  you  with  respect  to  letters? 
— Yes ;  I  remember  him  asking  me  to  let  a 
letter  or  two  be  directed  to  be  lell  with  me  for 
him  ;  I  told  him  he  mislit  if  he  pleased  direct 
his  correspondent  to  mrect  his  letters  to  be 
left  with  me  ;  I  do  not  know  any  thing  more 
about  it,  fori  never  had  any  letters. 

That  blade  fits  into  the  hoop  at  the  top 
and  takes  out  occasionally,  does  it  not  ?— No, 
it  is  fast  in. 

I  do  not  know  whether  you  knew  of  Davi- 
son's correspondence  in  London,  upon  the 
subject  of  pike-blades  ? — No,  I  know  that  I 
did  not  know  of  any  of  his  correspondents. 

You  did  not  know  of  that  letter  that  be 
wrote  from  Sheffield  ? — No. 

How  long  had  Davison  come  from  Leeds  to 
Sheffield  ? — I  suppose  he  might  be  two  months, 
I  suppose  not  more. 

B.obert  JIf ooiy.— Cross-examined  by 
Mr.  Erskine. 

If  I  understand  you  right,  Davison  had  writ- 
ten some  letter  or  letters  which  you  knew  no- 
thing of,  and  if  any  answers  were  to  come  to 
those  letters  that  he  might  have  written,  thc^ 
were  to  come  to  your  hands  ?— Yes. 

None  ever  came  to  your  hands  ?— No.  , 

How  long  were  you  a  member  of  this  so- 
cietv  ?— A  year. 

Were  you  a  member  at  the  time  tliat  the 
delegate  went  ? — No. 

what  was  this  cat,  a  large  thing,  or  a  small 
thing  P— A  little  thing,  the  tines  might  be  an 
inch  long,  and  it  would  stand  an  inch  and  a 
half  high,  or  so,  when  it  was  down. 

Were  any  made  from  that  model  ?  did  ^'oml 


671]         35  GEORGE  III. 

(5v6f  8e<:  one  N— No,  I  never  heard  df,  or  saw 

Was  this  thing  concealed  P  —No,  it  lay  open 
III  the  shop. 

Then  any  body  who  had  passed  by  miaht 
have  seen  It  of  course? — Any  body  Uiat  had 
gone  where  he  was  at  work,  might  have  seen 
It, 

Did  you  ev^  hear  any  orders  to  make  any 
fiom  it,  or  see  any  made  from  it  ? — No. 

Did  you  ever  -see  a  real  one  in  your  life  ?— 
No. 

i)id  you  frequent  tlic  society  much  ?— Not 
of  a  year  back ;  I  had  not  before  I  was  brought 
away. 

Brought  away  by  what  ?•— In  custody  here. 

Up  to  the  time  that  you  were  taken  into 
cftoslody,  was  any  thing  said  in  your  hearing 
a^nst  the  king*?-*I  never  heattl  any  thing 
said  against  the  kii^. 

Were  you  jrourself  a  friend  to  your  king  and 
the  constitution,  as  well  as  you  understood 
it  ? — ^Yes,  I  was,  I  believed  him  to  be  a  eood 
-itimn,  and  it  would  be  a  crime  to  do  any  thing 
aniinsta  good  man. 

^Were  tlie  people  with  whom  you  associated, 
decent,  well-behaved  people  ? — Yes,  I  always 
cMieavourcd  to  get  into  the  company  of  those 
who  were  better  informed  than  myself,  in 
order  that  I  might  get  improved. 

You  say  that  it  was  about  the  month  of 
'April  that  they  first  began  to  see  about  these 
pikos  ? — It  was. 

Was  there  ever  any  thing  said  about  pikes, 
before  those  threats  of  some  people  at  Shef- 
field that  frightened  you  ? — No,  I  never  lieard 
of  any. 

And  Ik>w  many  were  made  in  consequence 
of  the  ap]»rehciision  tliat  some  people  had 
Jthat  they  might  be  ill-used  ? — ^Thcre  were  very 
few  made ;  Carnage  ordered  of  me  three 
dozen,  and  I  made  two  dozen  and  nine  or 
ten. 

Do  you  know  of  any  others  having  been 
made  besides  those? — Widdison  made  some 
handles  1  understood,  but  1  understood  that 
no  pikes  had  been  made. 

If  you  had  understood  they  were  made  for 
the  wicked  purpose  of  making  an  attack  upon 
the  government,  would  you  have  had  any 
hand  in  making  them  ?— I  would  not 

Robert  Moody  re-examined  by  Mr.  Garrow. 

How  early  had  you  apprehensions  of  those 
attacks  ? — Only  lately,  in  the  course  of  a  few 
months,  before  I  was  brought  from  Sheffield. 

Were  there  any  pikes  made  tliat  you  know 
of,    until  Sheffield  and    its   neighbourhood 
began  to  raise  volunteer  companies  for  the  de- 
fence of   the  country  ?— Those  were   made 
•  before. 

How  long  before  ? — Perhaps  two  or  three 
weeks  ;  they  were  not  made  before  they  were 
talkedof. 

'You  toid  me  what  you  apprehended  was, 
that  a  macistrete  would  lend  his  aothority 
upon  a  little,  to  disperse  your  meeting,  and 


Trid  cf  Thmoi  Hwrdy 


[67S 


to  resist ;  that  %m  your  objecU-^id  I  take 
you  right  ?^It'  might  be  so,  or  they  might 
take  upon  themselves  to  disperse  us  without 
the  authority  of  a  magistrate. 

In  either  case  those  iastruments  were  to  be 
used  for  your  defence  ?--If  it  was  found  ne- 
cessary. 

About  this  cat,  as  it  was  called ;  supponng 
a  number  of  these  cats,  not  made  of  lead  as 
the  model  was,  but  of  iron,  to  have  been 
thrown  into  the  roads,  I  ask  you,  whether 
they  were  not  most  effectual  instruments  1o 
have  prevented  any  cavalry  acting? — It  ap- 
pears so  to  me. 

John  Edwards   sworn. — Examined    by   Ur. 
Garrow, 

What  are  you  by  business? — A  silversmith 

Were  you  a  member  of  the  London  Corres- 
ponding Society,  as  it  was  called  ? — Yes, 

Do  you  know  the  prisoner  at  the  bar,  IVIr. 
Hardy  ?— Yes. 

Did  you  know  him  in  any  character  con- 
nected with  the  London  Corresponding  So- 
ciety ? — I  understood  he  was  secretary  to  the 
London  Corresponding  Society. 

Did  you,  at  any  time,  receive  any  direction 
from  the  prisoner  at  the  bar,  to  any  person  at 
Sheffield  r — I  did  receive  a  direction. 

To  whom  was  that  direction? — I  cannot 
recollect  the  name. 

Could  you  recollect  the  name,  do  you  think, 
if  you  heard  it  ?~I  have  been  told  since  I  have 
been  in  custody  the  name,  but  I  cannot 
swear  that  that  is  the  name  of  the  person. 

At  what  time  was  that  direction  finnished 
you,  by  Mr.  Hardy  to  some  person  at  Shef- 
field; no  matter  who  he  is,  or  what  his  name 
is  ? — I  think  in  the  month  of  April,  I  cannot 
be  certain. 

What  year?— In  1T94. 

For  what  purpose  was  that  direction  given 
to  you  by  Mr.  Hardy,  and  what  was  to  bo 
supplied  inconsequence  of  it? — I  went  to 
Mr.  Hardy,  one  day,  at  his  house  ;  I  asked 
him  whether  he  was  goin^  to  send  to  Sheffield, 
I  should  be  much  obliged  to  him  if  he  would 
inclose  a  few  lines  to  some  person  at  Sheffield, 
if  thoy  could  inform  me  if  there  was  any  per- 
son there  that  could  forge  the  blades  of  some 
pikes. 

Did  the  prisoner,  in  consequence  of  that  ap- 
plication, riirnish  you  with  any  direction  to 
any  person  at  Sheffield?— Mr.  Hardy  read 
part  of  a  letter  to  roe,  and  gave  me  a  direc- 
tion to  a  person  at  Sheffield,  wrote  on  a  small 
piece  of  paper. 

What  was  the  purport  of  that  which  he 
read  to  you^  as  part  of  the  letter  from  Shef- 
field ?— I  cannot  recollect  the  purport  of  it  at 
present. 

The  substance  of  it? — ^Tbat  a  plan  had 
been  formed  tliere  to  forge  blades  fisr  the- 
people  at  Sheffield. 

This  was  upon  your  applicatioii  to  hun  fiir 
a  direction  to  somebody  at  Sheffield,  to  i 
bkdes  for  pikes  ^— Yefe. 


Q1S\ 


for  High  Treason. 


4.  D.  1794. 


[674 


What  did  you  do  in  consequence  of  that  ? — 
I  spoke  to  two  or  three  pf  the  members  of 
the  l^odon  Corresponding  Society,  aud  I 
understood  that  there  were  several  persons 
who  wished  to  furnish  themselves  witn  such 
things;  and  as  such  I  took  upon  mvself  to 
go  lo  Mr.  Hardy,  to  know  who  I  could  send 
to  at  Sheffield,  to  get  them ;  and  a  meeting 
was  to  have  taken  place  on  the  Friday  before 
Mr.  Hardy  was  taken  up. 

Where  was  tliat  meeting  to  have  taken 
plac^,  on  the  Friday  before  the  prisoner  was 
apprehended? — A tUie Parrot,  in  Green  Ar- 
tKMir- court,  in  the  Old  Bailey. 

f'or  what  purpose  ?  —Thcv  were  to  have  met 
there;  and  any  person  that  put  down  the 
iQOD^y  might  have  them  ;  the  blades  were  to 
be  scot  up  from  Slieffield  to  London. 

What  sum  of  money  was  to  be  put  down 
by  those  who  chose  to  have  btades,  tor 
pikes  from  Sheffield  ?— One  shilling  I  under- 
ftood. 

Was  tliat  conversation  at  any  division 
SBfieting  of  the  JLondou  Corresponding  So- 
ciety ?— No. 

Was  tiiis  communication  witli  the  prisoner 
Oenlioned  at  any  division  meeting  ? — No. 
What  Dumber  did  you  belong  to  ? — No.  29. 
Were  you  present  at  any  time  at  No.  32? — 
Yea,  I  Uiink  I  have  been. 

Do  you  know  a  person  of  the  name  of  Gos- 
tott?— Yes. 

]jo  you  know  another  person  of  the  name 
of  UiUicr  ?-'Ye8. 
A  person  of  the  name  of  Baxter  ? — Yes. 
dpence? — Yes. 

What  dlvibiou  was  Baxter  delegate  for  ? — 
I  do  not  know. 

Was  he  a  delegate  to  any  of  the  committees 
of  the  Corresponding  Society  ? — He  was. 
Was  Spence  ? — lie  was. 
Was  this  plan  of  sending  to  Sheffield  for 
|ake  blades,  mentioned  to  auy  of  those  per- 
sons ?— I  mentioned  it  to  Baxter,  to  Spence, 
and  to  Hiliicr. 

Do  you  know  of  any  place  in  the  borough 
of  Soiithwark,  where  there  was  any  meetiue 
cqiBected  with  tliis  subject? — I  have  beard 
tberie  was  a  place. 

Did  yuu  ever  hear  from  Mr.  Hardy,  or  any 
member  of  the  London  Correspondine  So- 
ciety, that  there  was  such  a  place  ? — ^I  Heard 
there  was  a  place  in  the  Borough. 

Of  what  sort,  and  for  what  purpose? — A 
^lace  where  they  met  to  learn  the  exercise. 

What  exercise? — To  learn  the  use  of  the 
musket. 

Wa?>  there  any  subscription  at  that  place  in 
Ibe  Boroueh,  where  the  use  of  the  musket 
was  to  be  Teamed,  for  any  and  wtmt  purpose? 
•—I  do  not  know. 

Dill  yon  learn  from  any  of  tlic  menVirs  of 
that  aocictv  that  there  was  ? — ^Never. 

Do  you  know  a  person  of  the  name  of  Uig- 
g^ls? — Yes. 

And  a  penon  of  the  name  of  Godwin  ?— 
Yei. 
VOL.  XXIV. 


Were  they  members  of  the  London  Corres- 
ponding Society  ?— Yes. 

Did  you  learn  from  them,  or  from  either  of 
them,  whether  there  was  any  society  of  the 
sort  you  have  just  mentioncil?— I  have  un- 
derstood from  Godwin,  that  there  was  a  so- 
ciety in  the  Borough,  but  I  was  never  there. 
You  learned  thcn^  from  this  man,  wbo  was 
a  member  of  the  London  Corresponding  So- 
ciety, that  there  was  a  place  in  the  Borough 
where  they  learned  the  use  of  the  musket?^- 
Ue  told  me  so. 

Did  you  learn  from  him,  whether  lie  be- 
loi^ed  to  it.  or  not  ? — No. 

Did  you  learn  from  him,  or  from  any  other 
member  of  the  London  Corrcspundmg  So- 
ciety', where  that  society,  for  learuing  the  use 
of  the  musket,  met  ? — No. 

Do  you  know  a  place,  called  Bandy  I^eg 
Walk  ? — I  have  heard  of  it,  but  I  never  was 
there. 

Have  you  heard  of  that  place  from  Hillier, 
Baxter,  Spence,  or  Higtj;ins,  whom  you  have 
stated  to  be  members  of  \X\c  Corresponding 
Society?—-!  did  not  hear  where  it  was. 

Di(l  you  know  a  person,  called  Franklow  ? 
—I  have  heard  of  him. 

Was  he  a  member  of  the  society? — I  be- 
lieve he  was ;  ImU  he  was  not  a  member  of  the 
division  I  belonged  to. 

Do  you  know  where  Franklow  lived  ? — I 
have  known  since  I  have  been  in  custody, 
tliat  he  lived  fit  Lambeth,  but  I  did  not  know 
before. 

Mr.  £r«iiii«.— Does  your  lordship  take  it, 
tliat  what  was  said  by  Uiggins  or  llillier  is 
evidence  ? 
Mr.  Gurrow.-T'l  submit  it  is  evidence. 
Mr.  AVs/uiie.^I  submit  to  the  Court,  that 
it  is  not  evidence ;  I  shall  not  argue  it. 
Mr.  Garraw. — Nor  shall  I. 
Lord  Chief  Justice  £yre.— I  consider  that 
point  to  have  been  determined  by  the  majority 
of  the  judges. 

Mr.  G arrow, — ^Did  you  know  of  any  asso- 
ciation at  Lambeth? — I  haye  heard  of  it. 

Did  you  hear  of  that  from  Franklow  ? — I 
never  saw  him,  till  I  saw  him  in  the  privy 
council  chamber. 

Did  you  ever  bear  of  it,  from  any  member 
of  that  association  ? — I  remember  something 
was  mentioned  of  it  soon  after  I  went  to  the 
division  ;  something  was  said  about  it,  but  by 
whom  I  cannot  tell. 

What  was  stated  at  that  meeting  of  the 
division,  at  which    tliere  was  conversation 
about  Franklow*s  association? — I  imdcrstood 
I  that  there  was  a  meeting,  known  by  the  name 
,  of  the  Lambeth  Loyal  Association ;  that  was 
I  all  I  understood  about  it. 
I      Did  you  hear  at  that,  or  any  other  meeting 
of  the  society,  of  wliat  number  tliat  meeting 
at  Frauklow's  was  composed;    how  many 
persona  attended  it  ? — ^I  never  knew    how 
many  persons  attended  it ;  L  understood  that 
the  numberi  when  it  was  competed,  was  to 
be  sixty. 
3  X 


675]         35  GEORGE  III. 

You  understood,  at  that  meeting  of  the 
.  division,  tliat  it  was  to  be  sixty,  when  full? — 
Yes. 

For  what  purpose  did  that  association  meet  ? 
— ^Tliat  I  cannot  tell,  for  I  was  never  there. 

For  what  purpose  was  it  stated,  in  the  Lon- 
don CorresponuiDg  Society,  at  the  division 
meeting,  that  thcv  met  ^ — I  never  heard  an^ 
thing  stated  of  what  was  the  purpose  of  their 
meeting. 

Did  vou  ever  hear  that  that  society,  or  any 
other  division  of  the  London  Corresponding 
Society,  had  arms  ? — I  never  heard  any  thing 
mentioned  of  that  society,  but  what  I  have 
ju^t  now  stated. 

What  was  this  association  at  Franklow's 
for? — I  could  not  tell,  for  nothing  of  the  kind 
was  ever  mentioned. 

Did  you  hear  from  any  bod^,  in  any  of  the 
meetings  of  the  Correspondm^  Society,  in 
what  dress  those  persons  vmo  attended 
Franklow*s  meeting  assembled  P— No ;  I  did 
not  hear. 

Do  you  know  in  what  dress  they  assembled  ? 
— ^They  had  a  blue  coat,  and  red  collar ;  I 
think  I  saw  Franklow  in  his  dress. 

Was  there  any  other  part  of  the  dress  that 
was  regimental,  or  was  like  regimental  ? — 
White  waistcoat  and  breeches. 

In  that  dress  you  saw  Franklow  himself? — 
Yes,  once. 

lird  Chief  Justice  Eyre, — When  was  it  you 
saw  Franklow  so  dressed? — ^It  was  at  the 
dinoerat  the  Globe-tavern. 

Mr.  Garrow. — When  was  that  dinner? — 
On  the  20lh  of  January. 

The  anniversary  dinner  ? — Ves. 

At  that  dinner  Franklow  appeared  in  the 
dress  that  you  have  mentioned  ? — Yes. 

Do  you  know  of  any  mectins;  of  any  number 
of  persons  of  the  Corresponding  Society,  at 
the  Three  Tuns,  at  Snow- hill  .'—?l'he  division 
S2  used  to  meet  there. 

Do  you  know  of  any  proposal  in  the  Cor- 
responding Society,  fur  instructing  that  divi- 
sion in  the  use  of  arras  ? — No  ;  I  cannot  say 
I  recollect  any. 

Do  you  know  of  any  meeting  of  any  num- 
ber of  persons,  for  that  purpose,  at  the  Three 
Tuns,  on  Snow-hill,  to  Uie  number  of  sixteen, 
or  thereabouts  ? — Yes  ;  I  recollect  tliere  was 
one  evening  about  sixteen  persons  met. 

Were  you  one  ? — I  was. 

What  was  the  purpose  of  that  meeting? — ^I 
had  spoke  to  several  of  the  members  myself, 
before  that  raeetin|;  took  place,  for  them  to 
meet  there ;  and,  if  tliey  thought  proper,  to  ' 
form  an  association  hke  that  of  the  Lambeth 
Association,  but  no  person  would. 

No  person  would  agree  to  that  proposal  ?— 
No. 

Were  those  sixteen  members  of  the  divi- 
sion No.  22?— I  do  not  know  what  divisions 
they  were  members  of;  they  were  of  several 
divisions,  I  believe. 

When  was  it  that  that  meeting  waa  held  et 
the  Three  Tuns,  Soow-liiU  ?— X  cw 
lect  whea  it  wh» 


Ttial  of  Thomas  Hardy 


[676 


Before  or  after  the  anniversai7  dinner?-— 
Before  that  a  long  while. 

In  tile  London  Corresponding  Society  was 
there  any  committee,  which  was  csdira  the 
secret  committee,  for  dispatch  of  business  ? — 
I  understood  there  was. 

Did  vou  understand,  from  any  of  the  mem* 
bers  of  the  society,  that  there  was  ? — ^Ycs, 

Lord  Chief  Justice  Eyre. — Sixteen  people 
met ;  what  was  done  there  ?^-Nothing  at  all. 

Mr.  Garrov, — At  that  meeting,  where  six- 
teen were  present,  what  was  proposed  by  any 
1}ody  ? — T  only  proposed  the  forming  an  asso* 
ciation  similar  to  that  of  Franklow's,  as  I 
mentioned,  and  no  person  there  would  join 
in  it. 

In  what  manner  was  the  secret  committee 
of  the  society  chosen  ? — I  cannot  tell  in  what 
manner  they  were  chosen ;  I  only  beard  it  ia 
the  division. 

Did  you,  in  that  division,  hear  of  the  ap- 
pointment of  any  secret  committee,  which 
was  afterwards  dissolved? — ^This  was  the  same 
committee,  the  secret  committee,  that  I  heard 
mention  of  in  the  division. 

Was  that  secret  committee  supplied  by  any 
new  committee ? — I  understood  it  was;  but 
that  committee  that  was  dissolved  had  fulL 
powers  to  choose  anotlier. 

What  was  the  reason,  as  it  was  stated  in 
the  division  meetings,  for  dissolving  that 
secret  committee  which  had  existed,  and 
giving  full  powers  to  that  secret  committee  to 
choose  a  new  one  ? — It  was  thought  that 
some  person  had  given  information  of  that 
committee  having  been  chosen. 

Was  that  person  who  was  suspected,  a 
member  of  the  society  ? — lie  was  a  member, 
I  understood,  of  the  general  committee. 

What  was  his  name  ? — Lynam. 

Did  you  ever  know  who  the  persons  were 
that  constituted  that  new  committee  ? — ^The 
persons  that  they  chose  on  the  committee 
there,  were  five  persons ;  I  do  not  know  that 
I  could  recullect  all  their  names. 

Should  you  know  their  names,  if  they  were 
stated  to  you  ? — I  think  I  should. 

Do  you  kiK)w  John  Martin,  an  attorney?—- 
Yes. 

Was  he  one  ? — Yes. 

Do  you  know  John  Tlielwall  ? — Yes. 

Was  he  one  ? — Yes. 

Do  you  know  Baxter  ? — ^Yes,  he  was  one. 

Moore  ? — He  was  one. 

Do  you  know  a  person  of  the  name  of 
Hodgson,  and  another  of  the  name  of  Lovett? 
— I  cannot  be  certain  which  of  those  two  it 
was. 

You  know  those  two  persons?— I  know 
them  both. 

Whs  one  or  the  other  a  member  of  this 
secret  committee  ?— He  was. 

Where  did  this  secret  committee  meet,  as 
you  learned  in  the  meetings  of  the  Cones- 
ponding  Society  ? — I  do  not  know. 

At  wnat  sort  <^  places  did  they  floeet;  at 
ll|B  Qidinaiy  plaoea  of  meeting  of  the  gaanil 


677] 


Jot  High  Treason. 


A.D.  179*. 


[678 


meetings  of  Ihe  society,  or  in  private  houses  ? 
-^I  do  not  know. 

Do  not  you  know,  from  the  information  of 
the  society?—!  understood  that  they  met  at 
their  own  houses. 

Did  you  understand  that  in  the  socjety  ? — 
No;  I  was  told  by  a  person  not' in  the 
society. 

What  was  the  office  of  this  secret  commit- 
tee; what  had  they  to  do?— To  receive  any 
letters  that  were  sent. 

And  what  were  they  to  do  with  them,  when 
they  had  received  them  ?— Tliat  was  ail  lcf\ 
to  them;  it  was  kept  a  secret  from  the 
society. 

Did  they  communicate  to  the  society,  occa- 
nonally  such  correspondence  as  camp  to  them  ? 
r^i  braes  they  used  to  have  letters  read  in 
the  division. 

Was  it  left  to  them  to  use  their  discretion 
about  that  ? — ^I  understood  so. 

Were  you  at  any  time  a  delegate  of  the 
sodety  ? — 1  was. 

In  the  character  of  a  delegate  were  you  a 
nember  of  the  general  committee? — I  at- 
tended the  general  committee  about  six  times. 
You  were  not  a  member  of  the  secret  com- 
nuttee  ?— No. 

Do  I  understand  you  right,  that  the  corres- 
pcndence  was  committed  to  the  secret  com- 
mittee, and  left  with  them,  whether  it  should 
Ik  brought  before  the  general  committee,  or 
^be  society  at  large  at  tncir  discretion  ? — It  is 
Impossible  for  me  to  answer  that,  because  it 
aO  remuncd  a  secret  to  themselves. 

Have  you  any  r&ison  to  know  from  any  of 
the  proceedings  of  the  society,  that  corresix>n- 
denoes  which  did  find  their  way  to  the  secret 
committee,  were  not  communicated  cither  to 
the  general  committee,  or  to  the  society  at 
lamr— That  1  cannot  tell. 

Where  did  the  general  committee  at  first 
meet?— In  Comptou- street. 

At  nimdber  3,  the  coffee  room  ? — I  think  it 
was  number  three. 

Were  you  ever  present  at  Compton- street  ? 
Sometimes  1  have  been  there. 
How  often  might  you  be  there  ?— Twice. 
Was  it  any  part  of  the  business  of  the  gc- 
nerai  committee  of  delegates  that  met  at 
Compton- street  to  receive  the  return  of  new 
memoers? — Always  from  every  delegate. 

Did  it  happen  that  at  all  those  mcetmes  you 
attended,  there  were  returns  of  new  memoers  ? 
—When  a  delegate  attended,  the  returns  were 
mde  at  a  general  committee. 

From  Compton-strcet,  were  the  meetings  of 
the  committee  transferred  to  any  other  place? 
•^To  Beaufort-buildings. 
To  whose  house  ?— Mr.  Thel wall's. 
No.  S,  Beaufort-buildings  ? — Yes. 
Do  you  recollect  at  the  first  meeting  of  the 
ennnittee  which  you  attended,  any  deputa- 
tioo  altendioe  to  report  from  any  other  so- 
cfaj^?— No,  1  cannot  recollect  that. 

^D  70a  know  from  any  thing  that  passed 
-  ^  —  I  nf  1^  meetings  of  this  society  at  large, 


that  your  society  was  in  correspondence,  and 
co-operation  with  tl^e  Constitutional  Society  ? 
-—No,  not  at  that  time;  I  understood  on  the 
Thursday  nieht  following,  that  a  cummittee 
of  correspondence  was  appointed  by  the  Con- 
stitutional Society  of  six  persons,  and  I  also' 
understood,  that  a  deputation  had  been  ap- 
pointed to  the  Society  for  Constitutional  In- 
formation. I  understood  that  the  Corres- 
ponding Society  deputed  five  persons  to  at- 
tend a  meeting  of  the  Constitutional  ^Society ; 
before  I  went  to  the  committee,  there  was  no- 
thing mentioned  of  it  the  first  night  as  I  un- 
derstood— On  the  second  night  1  underbtood 
they  had  appointed  a  committee  of  six  per-" 
sons,  and  there  were  only  ^vc  persons  of  the 
Corresponding  Society  chose  for  tlie  deputa- 
tion, and  then  they  chose  another  person  to 
add  to  them,  to  make  up  the  number. 

Were  you  present  at  any  time,  when  the 
deputation  from  your  society  reported,  that 
the  Constitutional  Society  appointed  six  per-  * 
sfjns,  the  Corresponding  having  appointed 
five,  they  chose  one  more  after,  to  make  up 
the  six.  then  the  twelve  I  suppose  met  ?— 
Yes. 

Were  you  present  at  any  time  when  a  re- ' 
port  was  made  by  any  of  the  members  of  that 
committee  of  conference  to  the  society  at* 
large,  or  the  general  committee  ?  You  have 
said  you  know  Hodgson,  Lovett,  Thelwall, 
Baxter,  and  Moore? — Yes. 

Were  they  the  persons  who  were  deputed 
from  your  society,  to  correspond  with  the 
Constitutional  ScMciety.^ — I  was  not  present, 
when  the  deputation  was  appointed. 

Do  you  recollect  any  debate  with  respect 
to  yourself,  and  your  age,  at  the  time  that 
this  business  of  delegates  was  considered  ? — 
Yes,  I  recollect  it. 

Who  were  the  persons,  do  you  recollect, 
that  took  part  in  that  debate? — Several  per- 
sons spoke,  and  most  of  them  were  stran- 
gers to  me  at  that  time,  and  I  did  not  know 
who  they  were,  Mr.  Thelwall  was  one  that 
spoke. 

Was  Baxter  one  who  spoke  in  that  debate  ? 
-*At  the  committee,  not  in  the  division. 

Do  you  remember  being  at  the  genera! 
committee,  when  a  business  respecting  a  gen- 
tleman of  the  name  of  Eaton  was  taken  into 
consideration  ? — I  remember  there  was  a  de- 
bate one  night,  respecting  a  medal  that  had 
been  struck,  that  was  to  be  presented  to  the 
jurymen  that  acquitted  Mr.  Eaton.* 

\Va8  the  medal  to  be  presented  to  any 
other  persons  except  the  jury  who  had  ac- 
quitted Mr.  Eaton.' — I  do  not  know,  I  only 
understood  to  the  twelve  jurymen  who  had 
acquitted  him. 

Acquitted    him,  upon  what   occasion? — 

•  See  his  trials  for  seditious  libels,  anf?. 
Vol.  2'2,  pp.  753,  785,  and  Vol.  '28,  p.  1013; 
sec  also  his  trial  for  publishing  a  blasphemous 
pamphlet,  intituled  *'  Ecce  Homo/'  a.  d.  1812, 
pott. 


67ff] 


35  GEORGE  HI. 


When  he  was  tried  at  the  bar  for  a  libel  I 
think,  and  was  found  not  guilty. 

Do  vou  remember  any  thing  of  a  meeting 
at  Chalk  Farm,  in  the  neighbourhood  of  this 
tovi^nf — Yes. 

What  were  the  proceedings  in  the  society 
as  far  as  came  to  your  knowlolge,  preparatory 
to  that  meeting? — I  do  not  know,  1  was  only 
aupoiuted  to  the  committee  one  niaht  before 
tnaty  and  that  was  the  night  when  Uie  debate 
took  place  respecting  myself,  and  I  heard  no- 
thing at  all  but  respecting  that. 

Were  you  present  at  the  meeting  at  Chalk 
Farm  ? — I  was  there. 

Where  did  you  first  go  to— did  you  go  to 
Chalk  Farm,  or  any  other  place  first? — I  went 
to  Store-street,  Tottenham  Court  Road. 

And  from  thence  to  what  place? — To  Chalk 
Farm. 

At  what  time  did  you  arrive  at  Chalk  Farm  ? 
-—I  cannot  recollect  what  time,  it  was  in  the 
afiernuon. 

Was  that  meeting  at  Chalk  Farm,  one  that 
had  been  appointecl  in  consequence  of  any 
proceedings  of  the  Corrcspondmg  Society? — 
I  do  not  know. 

You  did  not  know  before  you  went  there? 
—No. 

You  went  there  a  delegate  of  the  Corrcs- 

?onding  Society,  if  I  understand  you  right  ? — 
'es,  I  had  been  made  a  delegate  only  one 
week  before. 

Had  you  any  canl,  or  ticket  for  your  ad- 
mission to  Chalk  Farm  ?--Yes. 

Where  did  you  procure  that?— I  had  it  of 
the  commit  tec  of  the  Corresponding  Society. 

When,  and  where  procurca? — By  thecom- 
nuttoe  of  the  Corresponding  .Society  at  Comp- 
ton-street. 

When  ? — On  the  Thursday  night  preceding 
tViC  meeting  at  Chalk  Farm. 

What  was  the  occasion  of  your  goin^  to 
Store-street,  rather  than  Chalk  Farm  at  first? 
— I  understood  there  was  a  room  engaged  in 
Store-street,  it  was  advertised  that  the  meet- 
ing was  to  be  there. 

There  you  went  with  your  ticket  as  I  un- 
derstand you,  previously  procured  from  the 
cummiltcc? — \es. 

When  you  came  to  Store-street,  what  led 
you  to  Chalk  Farm?— I  understood  Justice 
Addingtoii  had  been  there,  and  forbid  the 
man  to  let  us  have  ttie  room. 

Then  you  went  to  Chalk  Farm.^— Yes. 

Wliai  number  of  persons  might  there  be 
assembled  at  Chalk  Farm? — 1  suppose  up- 
wards of  two  thousand. 

Was  ihcre  any  ceremony  iipon  your  intro- 
duction I  here? — There  was  a  person  stood  at 
the  door,  jubi  to  take  the  ticket. 

Onr  of  the  Juft/. — Was  it  an  enclosure,  or 
what?— it  was  a' kind  of  trapbadl  green,  be- 
fore a  long  room, 

Mr.    Owrrua-.— Tliosc   tickets  which   the 
person  at  the  door  whs  to  ti'''   *" 
which  you  had  receivfld  ^ 
of  the  CoRespondiBfE 


Trial  of  Thomas  Hardy  [GBO 

What  was  done  with  the  ticket  deliYered 
to  the  person  at  the  door  ? — ^They  tore  one 
half  off,  the  other  half  you  kept  yourself. 

What  were  you  to  do  with  the  oth^r  half? 
—To  put  the  other  half  in  your  hat. 

When  you  were  admitted,  be  bo  good  aa 
state  the  proceedings  that  took  place,  who 
were  the  persons  tnat  were  there,  and  what 
passed  ? — ^There  were  some  letters  read. 

Did  vou  find  there  any  persons  of  the  Cor- 
respon^g  Society  ?— Yes,  several  persons 
there. 

Any  that  you  knew,  or  that  you  have 
named? — ^Yes, there  were  Moore,  Hodgsoii, 
and  Thelwall. 

Was  tliere  any  person  who  took  the  chair 
at  that  meeting  ?— Yes,  John  Lovett. 

Name  some  more  that  were  there  of  the 
Corresponding  Society,  with  whom  you  were 
acquainted?— Richter  was  there,  and  there 
were  most  of  the  members  of  the  committee. 

Do  yoii  know  Mr.  Hardy  ?— Yes, 

Was  be  there  ? — I  do  not  know  whether 
he  was  there  or  not,  for  I  was  up  in  the  long 
room  all  the  time. 

After  you  were  admitted  into  tlic  ground, 
did  any  person  take  the  chair? — Mr.  Lovett 
took  the  chair  soon  after  I  was  in  the  ground; 
there  were  two  ladies  I  was  acquainted  with; 
we  went  up  into  tlie  long  room,  and  were 
locked  in,  tlierefore  I  could  not  see  so  welL 

Did  YOU  hear  what  was  read,  or  said,  so  as 
to  be  able  to  give  any  account  of  it,  if  not  I 
will  not  pursue  it?— 1  cannot  give  any  ac- 
count of  what  was  said. 

Were  you  present  afterwards  at  any  meet- 
ing of  the  general  committee,  or  any  other 
committee  of  the  London  Correspondinj^  So- 
ciety at  which  the  proceedings  at  Chalk  Farm 
were  reported  ?— I  do  not  recollect  ever  hear- 
ing tlic  proceedings  at  Chalk  Farm  being  re- 
ported at  a  committee. 

Nor  in  the  society  ?— No,  because  most  of 
the  members  heard  it  there. 

Do  you  laiow  a  place  called  Robins*s  Coffee- 
house, in  Shire-lane? — Yes. 

Is  that  a  place  at  which  any  of  the  meet- 
ings of  the  society  were  held? — Division,  No. 
29,  met  tlxere. 

Did  you  use  to  attend  the  meetings  of  that 
division  occasionally : — I  did,  I  was  a  member 
of  tliat  division. 

Be  so  good  as  to  look  at  this  paper,  and  tell 
me  whether  you  ever  saw  any  of  these  sort  of 
papers  distributed  at  ]lobius*s  Coffee-house, 
and  were  any  of  them  dehvered  to  you  by 
any  of  the  persons  you  have  named  ? — I  saw 
some,  but  not  so  large  as  tins,  and  of  a  different 
date. 

Was  it  the  same  subject,  did  it  contain  the 
same  expressions? 

Mr.  Lrskine. — I  must  object  to  that  ques- 
tion, 

Mr.  Oarram^-1  must  insist  upon  the  qiies« 


will  stale  my.  olyeclidn; 
whether  bei '  law'  tnat 
toll? 


(551]  far  High  Trtoion. 

Mr.  Gtfffvv.^That  is  not  the  qaestion,  nor 
any  thing  like  it 

Mr.  &tkine.^%S»XJt  the  question  then. 

Mr.  Garrcw.— The  questlori  I  jmt  was  this; 
whether  you  had  received  a  similar  imper  to 
that  tft  Robins*s  Coffee-hotise  ?  To  which  yon 
ansjwer,  not  of  that  size?--^Not  at  Robms*8 
Coffee- house. 

Did  you  ever  receive  a  pajet  of  that  sort 
anv  where?«-Of  a  different  date. 

Of  the  same  contents  as  that  paper?— Yes, 
<)he;  but  not  80  large. 

Where  did  you  receive  that,  and  from 
whom?— From  a  person  of  the  name  of 
Baxter. 

From  that  Baxter  whom  you  have  named, 
as  a  ndember  of  the  London  Corresponding 
Society? 

•  Mr.  £r«X;ijic.— The  witness  says,  the  paper 
delivered  t>v  Baxter  was  not  the  sanie  paper 
as  this ;  and  that  it  was  of  a  different  date. — 
Does  your  lordship  think  the  witness's  saying, 
he  believes  the  contents  of  this  to  be  the 
same,  makes  this  paper  evidence? 

Mr.  Garrvw, — I  submit  that,  if  I  propose 
to  read  a  passage  from  Locke,  and  I  snow 
the  witness  an  octavo  edition  of  Locke,  and 
isk  him  whether  he  had  read  the  passage  in 
^  duodecimo  edition  of  the  same  author,  that 
it  18  suflkient  evidence,  if  he  has,  to  let  m^  in 
to  read  It. 

Lord  Chief  Justice  Eyre.  In  order  to  come 
it  that  evidence,  you  would  be  obliged  to  la^ 
before  the  Court  some  evidence,  that  Uiis 
ifrhich  you  offered  was  an  edition  of  Mr. 
Locke's  work.— The  question  is,  whether  you 
have  gone  far  enough  yet  ? 

Mr.  Ertkine, — ^Exactly  so. 
^  Mr.  Garrow. — I  will  ask  a  few  more  ques- 
tions.— ^You  say  this  paper  is  not  of  tlie  same 
size  as  the  paper  you  received  from  Baxter  ? 
—No. 

What  is  the  dale  of  this  paper  ?— Tuesday, 
the  first  of  April. 

Did  you,  at  any  time,  receive  a  paper  from 
Baxter,  of  the  same  contents  as  that,  except 
tbt  date  of  the  80lh  of  January,  upon  a  paper 
ofa  different  size? 

Mr.  £r«/:ine.— What  did  you  do  with  that 
paper? — It  was  destroyed  before  I  was  taken 
mto  custody. 

I/>rd  Chief  Justice  %r«.— That  paper  being 
destroyed,  the  witness  will  give  such  account 
of  it  as  he  can ;  he  mav  either  refresh  his 
memory  by  looking  at  this  paper,  or,  if  he 
can  venture  to  say,  that  this  contains  in  it 
theaobstance  of  the  other,  it  may  be  received, 
upoD  that  account,  as  the  best  evidence; 
whcr  way,  it  comes  to  the  same  thing,  with 
icjjwd  to  you,  Mr.  Erskine,  and  therefore,  I 
tbmk  it  is  not  worth  mooting. 

mt.Erikine, — ^The  paper  was  fabricated  by 
theapiea  who  support  the  prosecution. 

m't.  AlUmey  General, — You  shall  not  say 
thaL  till  you  prove  it. 

jfc.  £rtftjji6.~I  shall  prove  it. 

«ir.  JB^ornnf  Ocncra/.^Till  you  prove  that, 


A.  D.  1794. 

you  ought  not  to  say  it;  it  is  a  charge  that 
ought  not  to  be  made. 

Lord  Chief  Justice  Eyre, — If  there  is  any 
point  between  you  wliich  should  be  heard^ 
the  appeal,  to  be  sure,  must  be  made  to  the 
Court. 

Mr.  (7arr<Nv.— I  wbh  to  God  it  was;  we 
should  save  much  time  and  trouble. 

Lord  Chief  Justice  JEyrc.— A  little  indul- 
gence, on  both  sides,  would  save  much  tim^ 
and  trouble. 

Jtf  r.  Attomof  General, — ^When  a  paper  is 
produced,  which  vour  lordships  hold  to  be 
legal  evidence  to  be  read,  it  must  not,  and 
shall  nut  be  stated  in  this  court,  unless  it  is 
proved,  that  the  paper  is  fabricated  by  the 
spies  who  carry  on  the  prosecution. 

Lord  Chief  Justice  Eyre,-^!  ho])e  notbifig 
of  that  kind  has  been  said,  for  it  was  an  im- 
proper thuae  to  be  said ;  and,  if  it  dropt  from 
any  body,  it  was  an  inadvertent  thing. 


For 
The  Benefit  of  JOHN  BULL. 

At  the 

Federatioii  Theatre,  in  EquAiiTT-SguABEi 

On  Thursday,  the  Iff  of  April,  49ri. 

Will  be  performed, 
A  new  and  entertaming  Farce,  called      ' 
LA  GUILLOTINE; 

OR, 

GEORGE'S  HEAD  IN  THE  BASKET! 

Dramatis  Personae. 

Numpy  the  Third,  by  Mr.  Gwelp, 

(Being  the  last  time  of  his  appearing  in  that 

character) 

Prince  of  Leeks,  by  Mr.  Gwelp,  junior. 

Duke  of  Dice,  by  Mr.  Freddt, 

(from  Osnaburgh.) 

Duke  of  Jordan,  by  Mr.  William  Hevbt 

Flogger  (from  the  Creolian  Theatre.) 

Uncle  Toby,  Mr.  Uiciiiiond. 

Grand  Inquisitor,  Mr    Pensioner  Reevcs. 

Don  Quixote,  Knight  of  the  Dagger, 

By  Mr.  Edmund  Cammny. 

And  Chancellor  of  the  Exchequer,  by  Mr. 

lilLLY   Tax  LIGHT. 

Municipal  Officers,  National  Guards,  Bcc, 
By  Citizens  Xof,  Nadireos,  Yerc,  Eniksre; 

&c. 
Bandilli,  Assassins,  Cut  Throats,  and  Whole- 
sale dealers  in  Blood,  by  the  Empress  of 
Ruffians,  the  Empfror  of  Harm-any, 
Thing  of  Prussia,  Prince  of  S.  Caso- 
UELL,  Ike, 

Between  the  Acts, 
A  new  Song,  called  "  Twentv  more,  kill  them  !" 

By  BoRADiL  Brunswick. 

Tight  Rope  Dancing,  from  the  Lamp-post, 

By  Messrs.  Canterbury,  York,  Durham,  &t. 

In  the  Course  of  the  Evening  will  be  sung, 

in  Full  (*horus, 

CA  IRA. 

-  Azsn 

BOB  SHAVE  GEEAT  GEORGE  OUR— ^l 


6SS}         35  GEORGE  III. 

The  whole  to  conclude  witli 
A  GRAND  DECAPITATION 

OF 

Placemen,  Pensioners  AND  German  Leeches. 

AdmittaQce,  Three- pence  each  Person. 

Vive  la  LiberU  /  Vive  la  Republique  ! 

Mr.  Garrow. — You  say  you  received  one 
of  these  papers,  of  a  different  date  ? — ^Yes ; 
dated  the  30lh  of  January. 

Was  that  the  SOtli  of  January  preceding? — 
Yes. 

At  what  time  did  you  receive  the  paper  you 
had  ? — I  do  not  recollect  when  it  was ;  it  was 
some  time  aeo. 

Where  did  you  receive  it  ?— I  received  it 
firom  Baxter,  about  three  months  before  Ja- 
nuary. 

Three  months  before  January? — It  was  in 
October  or  November,  I  think,  I  received  it. 

Then,  supposing  it  to  have  been  for  some 
exhibition,  it  was  delivered  to  you  three 
months  before  the  date,  at  which'  the  thing 
was  to  take  place?— I  rather  think  it  was 
three  months,  or  thereabouts. 

After  tlie  meeting  at  Chalk- farm,  did  you 
go  to  Compton-street  ?— I  did,  in  the  evemng. 

What  connexion  had  the  place  in  Comptou- 
slrect  with  the  society  ?— It  was  where  the 
division  used  to  meet  at  the  coffee-room. 

Did  you  sup  there  ? — I  did. 

How  late  did  you  stay  P— Not  very  late ;  I 
went  away  about  eleven  o'clock. 

Who  were  the  persons  tliat  were  present  ? 
—A  groat  number  of  persons  were  present. 

Were  they  members  ? — I  understood  most 
were  that  came  from  Chalk- farm. 

Was  Mr.  Thclwall  one  ?— lie  was. 

Did  you,  in  any  of  the  meetings  of  the 
society,  or  its  committees,  receive  any  infor- 
mation with  respect  to  arminj;,  in  any  way, 
except  those  that  you  have  told  us  about  pikes, 
and  Frank  low's  association  ? — ^Never ;  not  in 
any  of  the  divisions. 

Had  YOU  from  any  of  the  members  of  the 
society  ? — I  never  had. 

Do  you  know  a  person  of  the  name  of 
Ashly?— Ido. 

Was  he  a  member  of  either  of  the  societies  ? 
— lie  was. 

Had  you  any  information  from  Ashly,  about 
arming  with  pikes  ? — I  never  had. 

Do  you  know  a  person  of  the  name  of 
Joyce  ?— I  have  seen  him  two  or  tliree  times. 

i)o  you  remember  any  meeting  at  the  Crown 
and  Anchor,  upun  the  2nd  of  May,  in  the  pre- 
sent year  ?---!  was  there. 

In  what  manner  were  you  admitted  ?-— By 
a  ticket. 

By  whom  was  that  ticket  furnished  to  you  ? 
—Mr.  Joyce. 

W^ho  called  him  out  of  the  room  to  give  you 
a  ticket?— Mr.  Thelwall. 

Lord  Chief  Justice  Eyre, — Was  that  a 
dinner  ?—  -The  anniversary  dinner  of  the  Con- 
itilutiooal  Society. 


Trial  of  Thomas  Hardy 


[684 


*     You  were  present  at  the  dinner  at  the 
Globe  tavern  likewise  ?— Yes. 

Do  you  remember  any  printed  paper  being 
distributed  at  that  dinner,  at  the  Globe 
tavern? — After  dinner  the  address  that  had 
been  read  in  the  morning,  was  piinted,  and 
distributed  about. 

Where  had  that  address  been  read  in  the 
morning? — At  the  Globe  tavern,  befiite 
dinner. 

After  diimer  that  was  distributed  about,  and 
read? — Not  read  after  dinner;  it  had  been 
read  before  dinner. 

Was  there  any  conversation  at  that  meet- 
ing, with  respect  to  any  troops  ?  any  Hessian 
troops,  for  instance  ? — I  do  not  recollect  any. 

I  pass  that,  and  go  to  the  dinner,  on  the  9nd 
of  May,  a\  the  Crown  and  Anchor;  eireus 
some  account  of  the  manner  iq  whidi  that 
festival  was  conducted ;  before  I  go  to  that,  I 
would  just  ask  you  as  to  the  dinner  at  the 
Globe  tavern ;  you  do  not  recollect  the  cir- 
cumstance of  any  paper,  respecting  the  H^ 
sian  troops,  there,  do  you  ? — I  do  not  recol- 
lect any. 

Do  you  recollect  any  paper  that  respected 
the  different  parties,  as  tney  are  called,  m  this 
country ;  the  Ins  and  Outz,  as  they  are  called 
there? — Not  there. 

Where  then? — I  saw  one  of  those  papers 
at  the  Three  Tuns,  on  Snow-hill. 

At  a  division  meeting  ? — Yes. 

When  was  tliat  ?— I  do  not  recollect  when 
it  was. 

Before  or  after  the  20th  of  January?— I 
think  it  was  after  the  20lh  of  January.' 

You  were  not  present  at  Robin s*s  Coffee* 
house,  when  Mr.  Yorke  made  a  spcecli  there? 
— I  was  not. 

Do  you  know  a  person  of  the  name  of 
Hodgson  ?- --Hodgson,  the  author,  I  know. 

Did  you  ever  receive  any  printed  paper  from 
Hodgson,  the  printer,  in  Bcil-yard,  or  Lovett? 
—No ;  I  never  did. 

Have  you  been  present,  at  any  time,  at  Mr. 
Thelwalrs  lecture,  in  Beaufort  Buildings  ?— 
Yes ;  I  have  been. 

Was  it  permitted  to  any  body  to  take  notes 
of  his  lecture  ? — I  do  not  know. 

Did  it  ever  happen  to  you  to  be  present,^ 
when  any  persons  that  were  doing  bo,  were 
interrupted  ? — No ;  1  never  was. 

You  have  told  us  of  your  application  to  Mr. 
Hardy,  on  the  subject  of  pikes ;  what  money 
was  to  be  paid  down  for  those  pikes  ? — One 
shilling. 

What  was  that  to  include  ? — To  be  sent  to 
Sheffield  for  the  blade. 

When  the  blades  were  finished,  what  was 
to  be  done  then? — Any  person  might  put  in 
the  shafts  that  wanted  them. 

Do  you  know  a  person  of  the  name  of  Gof- 
ling  ?— -Yes ;  I  do  know  him. 

And  another  person  of  the  name  of  Hillicrf^ 
— Ycs;^ 

Had  you  any  convenatkn.  -« 
any  instnactMDB  fmn  God 


685] 


for  High  Treason, 


jccl  of  pikes  ?— No ;  I  never  had  instructions 
from  Gosling. 

Was  he  a  member  of  the  society?— I  be- 
lieve he  was ;  Gosling  and  Hillier  came  to 
mv  father's  house  on  the  Monday  Hanly  was 
taken  into  custody. 

Was  any  meeting  appointed  to  take  place 
before,  respecting  pikes  ?— It  was  appomted 
for  the  Friday  betorc  Mr.  Hardy  was  taken 
up ;  it  was  afterwards  postponed  for  another 
week. 

What  was  the  purpose  of  that  meeting  that 
was  to  have  been  held  on  the  Friday  r-— As 
many  persons  as  chose  were  to  have  put  down 
their  money  for  pikes. 

Where  was  that  meeting  to  have  been  held  ? 
-^In  Green  Arbour  court. 

Was  that  one  of  the  houses^  jvhere  the 
meetings  of  the  divisions  had  beien  held  f — 
They  had  been  held  there;  but  it  was  to  be  a 
general  meeting  then. 

That  meeting  was  postponed,  and,  in  the 
interim,  on  the  Monday,  they  came  to  you  ? 
—Yes. 

'  Was  it  before  you  knew  of  Hardy's  being 
apprehended,  or  afterwards,  that  thev  came  to 
yen  f-«They  came  to  me  before  I  knew  Mr. 
'Hardy  was  apprehended ;  for  while  they  were 
in  the  house,  I  was  informed  of  it  by  a  person 
who  came  there. 

What  was  the  sum  to  be  deposited  by 
each  member? — One  shilling. 

What  was  to  be  furnish^  for  that?— A 
blade,  and  nothing  else. 

Where  were  they  to  procure  the  residue  to 
make  the  pike  an  efifcctual  instrument? — 
They  were  to  get  that  where  they  thought 

While  they  were  with  you,  informatiofi 
cam^  that  Mr.  Hardy  was  apprehended-— 
Yes. 

What  sort  of  wood  were  the  shafts  to  be 
made  of?-.— I  do  not  know;  fir  was  recom- 
mended in  the  letter,  I  think..      .    *  / 

In  consequence  of  that  recommendation, 
were,  any  others -procured  ?— Yes,  I  had  one. 

Where  did  you.  get  that? — I  made ^hat 
myself. 

Was  any  observation  made  upon  it?-*Not 
that  I  recollect. 

We  saw  one  here  just  now,  in  which  the 
blade  was  fixed  to  the  shaft ;  was  yours  of 
that  constniction  ? — No. 

Look  at  that ;  is  that  the  shaft  of  yours  ?— • 
Yes. 

The  shaft  only  ?--The  shaft  only. 

Is  the  blade  there? — No,  the  blade  was 
made  to  screw  into  the  top. 

What  is  become  of  the  blade  of  your*s  ?— 
Bestroycd. 

When?— Before  I  was  taken  into  cus- 


tody. 
Ho 


low  long  before?— On  the  Wednesday 


'^  ^^j^*^'®  ^^  ^^^  y^"  ^®'®  informed 

i*^ «M  taken^nto  custody? — After 

■itBar^y  wm  taken  into 


A.  D.  1794. 

How  happened  that  to  be  destroyed  ?  by 
whose  advice  ? — By  nobody's. 

Why  did  you  destroy  it?— -Because  I  was 
afraid  of  its  being  found  upon  me. 

Do  you  know  of  any  other  representation 
by  ma^ic  lantern,  or  other,  that  was  used  as 
connected  with  this  subject  ?— I  had  a  magic 
lantern  of  my  own,  which  I  produced  to  show 
Mr.  Gosling. 

You  mean  Gosling  one  of  the  members?--* 
Yes. 

Was  there  any  connexion  between  that 
entertaining  apparatus,  and  the  objects  of 
your  society?— -No. 

What  was  it  to  represent.^— It  was  the 
property  of  Mons.  Chauvelin ;  there  was  the 
destruction  of  the  Bastille  and  beheading  of 
the  governor  painted  on  it. 

Was  that  your  property  .^— Yes,  it  is  in  the 
messenger's  nouse  now. 

You  said  you  knew  a  person  of  the  name 
of  Hillier?— Yes. 

Do  you  know  whether  he  had  any  pike  ?-^ 
I  understood  he  had. 

Was  that  of  the  same  construction  as  yom^ 
or  of  a  different  construction  ?— It  was  of  a 
different  one. 

Was  he  one  of  the  persons  at  your  house 
to  whom  you  showed  your  pike  the  day  of 
Hardy's  apprehension? — lie  was. 

Do  you  know  where  Hillier's  pike  had  been 
constructed?— -I  do  not. 

John  Edwards  cross-examined  by  Mr.  Enkine. 

How  long  before  you  were  apprehended 
were  you  a  member  of  this  Corresponding 
Society  f'— I  became  a  member  of  the  Corres- 
ponding Society  last  July  was  a  twelvemonth. 

You  said  you  made  a  pike  for  yourself;  of 
what  trade  are  you  ? — A  silversmith. 

When  did  you  make  that  pike  for  yourself? 
—•I  think  it  was  in  March. 

What  year?— 1794. 

How  long  had  you  been  in  the  society  at 
the  time  you  made  that  pike  ?— From  July 
1793. 

For  what  purpose  did  you  make  it? — I 
had  heard  a  person  of  the  name  of  Yorke 
that  -had  just  mentioned,  one  night  in  com- 

Eany  where  I  was,  after  one  of  the  divisions 
roke  up  at  Robins's  coffee-house,  that  they 
had  pikes  at  Sheffield,  and  I  made  that. 

But  hearing  that  there  were  pikes  at  Shef- 
field, why  should  that  induce  you  to  make  a 
pike  for  yourself;  you  must  have  had  some 
motive  in  your  own  mind  for  it?— I  under- 
stood some  of  the  members  were  providing 
themselves  with  arms,  and  I  made  that  for 
myself. 

For  what  purpose?— In  case  there  should 
be  any  illegal  dispersion  of  the  meetings. 

Mr.  i)rs&ne.— Had  you  heard  of  any  threats 
having  been  made  use  of  at  Sheffield  ?— No, 
I  had  not;  but  it  was  just  at  the  time  the 
Hessian  troops  were  landed  without  the  con- 
sent of  the  parliament. 

You  have  the   mltfurtune   to  be  ia  the 


687] 


35  GEORGE  III. 


Trial  ofThomn  H^rdy 


[666 


custody  of  a  messenger,  but  it  docs  not  follow 
that  you  have  been  guilty  of  any  offence?—- 
That  should  be  the  case,  or  [  should  not  have 
been  t^ikcn  up  by  a  wurraut  tur  treasonable 
practices. 

Had  you  any  intention  of  making  use  of 
that  ptke  against  the  govcruinent  of  the 
country  ?-— Not  against  the  government  of 
the  country. 

No  such  intention  at  all  ? — None. 

When  you  went  to  Mr.  Hardy,  what  did  you 
go  Ibr.^— *I  asked  him  if  he  was  going  to  send 
to  Sheffield,  and  would  inclose  a  lew  lines 
for  me  to  some  person  at  Sheffield,  tliat 
could  forge  the  blades  for  some  pikes,  that 
several  members  of  the  society  wished  to 
have  them. 

Did  you  speak  to  any  members  of  the 
socie^  who  wanted  thcm'f — Not  before. 

Did  you,  after  that,  speak  to  some  members 
of  the  society  who  did  want  them  f— Several 
spoke  to  me  about  them. 

Did  you  understand  them,  that  they  wanted 
them  for  the  same  reason  as  you  wanted 
Uicm  ? — ^I  understood  so. 

From  any  tiling  that  passed  between  you  and 
any  of  the  members  of  the  Loudon  Corres- 
ponding Society,  for  whom  you  were  disposed 
through  Mr.  U^rdy's  assistance,  to  get  direc- 
tions to  persons  at  Sheffield,  Jiad  you  any 
reason  to  believe  that  tl)cy  wanted  the  pikes 
for  a  rebellion  against  the  government  and 
magistracy  of  the  land  ^--Not  for  a  rebellion 
against  tne  government;  not  against  any 
legal  power  that  uught  be  sent  to  disperse 
them. 

But  if  you  were  attacked  without  the 
authority  which  the  law  confers  upon  magis- 
trates, you  thought  you  had  a  right  to  defend 
yourselves? — Ves,just  so. 

You  tliuught  very  right;  you  appear  to 
have  given  a  very  fair  account;  I  believe 
that  in  consequence  of  that  you  made  a  pro- 
position in  one  of  the  divibions  where  sixteen 
persons  were  present  ?— That  was  long  before 
1  had  the  direction  from  Mr.  Hardy. 

What  was  the  reason  of  your  making  the 
nroposition  at  that  time?-— Because  there 
had  been  great  opposition  shown  to  the 
meetings  before  that  time. 
.  Had  any  insults  been  offered  to  any  of  the 
members  ?— There  was ;  at  a  divitiion  I  was 
present  at  in  llotherhitlic,  two  of  the  police 
officers  came  in,  tiiey  wanted  to  know  what 
they  wanted ;  they  said  they  came  la  see  if 
tliere  were  any  men  fit  for  Ids  majesty's 
service. 

Were  you  at  that  time  doing  any  thing,  or 
were  the  prople  who  were  there,  doing  any 
thing  that  your  own  consciences  suggested  to 
you  to  be  wrong  ? 

Mr.  Jn  rkijf  GencruL — Is  that  a  question 
to  be  abked .'' 

Mr.  jEruftiwe.— I  say  it  is,  sul^ect  to  his 
lordship's  opinion. 

Mr.  AUarney  Gencral,^Jit  so  good  to  say 
why  ? 


Mr.  £r«/uiif.— I  should  he  very  glad  to 
hear  why  it  is  not. 

Mr.  Altorury  General. — ^They  may  do  acts 
their  own  consciences  may  think  right ;  but 
that  does  not  make  them  legal. 

Mr.  Etskiric-^Thdi  is  tlie  reason  I  aha)! 
put  the  question  that  way ;  a  man  may  know 
what  his  conscience  is,  tliough  he  may  not 
know  what  the  law  is. 

Lord  Chief  Justice  Eyre. — Being  upon  a 
cross-examination,  I  think  he  may  be  aak^ 
whether  he  at  the  time  apprehended  that  the 
thing  which  he  was  doing  was  lawful  ckr 
unlawful — whether  it  was  so,  or  not,  wiU  not 
depend  upon  his  apprehrnsion,  hut  it  may  go 
to  the  general  evidence  he  gives — it  may 
operate  one  way  or  other — if  he  has  done  an 
illegal  thing,  but  innocently,  if  he  is  bruueht 
as  a  witness,  he  may  be  asked  to  that;  what 
the  effect  of  it  will  be,  I  do  not  know. 

Edwards.^AX  the  very  thne  that  the  people 
came  ia  to  diverse  us,  we  were  reading  the 
address  from  Mr.  Pitt  and  the  duke  of  jSicb- 
mond  at  the  Thatched-house  tavern. 

Lord  Chief  Justice  Ejfre^ — Was  it  move  or 
less  legal  upon  that  account? 

Mr.  Er$kyu^'CeTtain\y  noL 

Mr.  Aitiu-n^  OeiuraL—So  far,  that  if  the 
conscience  of  the  witness  is  to  decide  ii,  I 
cannot  help  thinking  it  may  be  mora  or  leas 


r.  £r«Aiii«.*-I  wish  it  to  be  understood  I 
am  no  advocate  for  the  conscience  of  the 
duke  of  Richmond  nor  Mr.  Pitt. 

Lord  Clvief  Justice  H^re.—- It  is  certainly 
true;  but  this  is  rather  loo  grave  an  occasion 
for  such  an  observation. 

Mr.  Attorney  GeneraL—'It  is  not  a  proper 
occasion  for  this  frippery. 

Mr.  Erskine. — I  say  tliat  is  not  a  proper 
expression. 

Mr.  Attorn^  G«ii«rai.— I  will  repeat  it. 

Mr.  JSr<&iite.-*You  will  npt  repeat  it  any 
where  else. 

Lord  Chief  Justice  Ej^re. — ^The  gentlemen 
I  hope  will  recollect  that  they  are  upon  a 
solemn  trial. 

Mr.  Er$kine."»l  think   it  is  really  hard 

!  upon  me  upon  this  solemn  trial,  that  1  ahould 

'  be  eternally   assailed   by  these  gentlemen, 

when.  I  have  the  arduous  task  of  extracting 

the  truth  from  these  witnesses. 

Lord  Chief  Justice  Eyre. — If  any  person 
were  disposeil  (which  I  dare  say  no  one  is)  to 

give  you  any  interruption,  it  would  be  my 
uty  to  preserve  order,  and  take  care  you 
should  be  permitted  to  go  on  in  your  business 
without  interruption ;  Init  it  is  impossible  the 
cause  can  go  on,  unless  the  gentlemen  at  the 
bar  will  a  little  understand  one  another,  ao^ 
by  mutual  forbearance,  assist  one  avother : 
you  arc  a  little  too  apt  to  break  oi**  1 

;  think   there  has  been  a  Uttl^-^ 
'  sometimes  to  observe 
the  ooQimn  caUi  for. 
Mr.  AHmm  ^ 


n 


Ji^  High  Treaidn* 


Mr.  Erxkine, — I  will  repeal  ilie  queslion, 

!l  hav<?  your  lordsliijv'a  liberty  to  put  it>  the 

"'fttt        '       j;  (jver-rulcd.— At  the  Uroe  you 

ill  this  manner,  were  you  doing 

a   '  A   v*i»jch  in  your  apprebeusion^  or 

],  was  wrong  f— I  was  not* 

^^3^lg  that  you  saw  or  heard  from 

I  vilh  whom  you  aysocuilcd,  did 
|jf„,,  tL.,,.,   ;,,di  ihey    triteudcd  \o  make  a 

ftilliBrenl  us€  of  the  pikes  thnn  thai  for  which 
[  had  m^'''>  vi.iir  own? — I  did  not* 
You  ftaii  idc  a  proposition  which 

megfth  iiecommiUee,  or  whoever 

I  was,  when  sixteen  persons  were  present; 
rhat  wa5  thn  proposition  you  made  ?— It  was 
ibp»'i  mother  socitty  upon  the  same 

"tti<i  ^^t  at  i.ambeih^  but  no  person 

M^ould  ^crond  it. 
When  you  initdc  that  proposition  to  hare  a 
r»  fhe  same    footing  a^  that  at 

3  'did  you  conceive  that  society 

' '  0!  the  Loyal  Lam- 

Ah  t>  the  same  as  that  I 

"    ■"  should  be  any 

,..  ..u,  1.  ul  .,  ,..,L  Liimbelh  Asso- 

have  hcen  of  persons  dih|iostd  lo 

iX  i ,  iie  magistracy  of  tlie  country,  should 

haire  maoe  tlu»t  propositioafr--d  should 

A*  ou  made  thai  pruposilion, 

II  W'  io?~No. 
lubcr  the  UHKiner  saying  any 
1^  ? — No  ;    1  do  not  remember 

'I  '        -'^L 

iiny  of  those  meet- 
^'s  f^-xvs,  III  my  <uvL-i"i    ^^  ■•>■'. il  limes, 
llow  did  he  deport   K  in  a  very 

L^ui^  manner;    [  never  Iktiru  him  &{^icak  in 
'  ot'  Jhc  diYiaJons,  not  once, 
riiil  },.    .rru    r  U-,  Ijc  a  man  of  a  titrbident 
/iite  a  different  man. 
-      .1  any  f  v<n(-.^5 ms  tir  has 
I  m  any  of  the  meeVi  ii  to 

him  a  quiet,  wth  ,         i? — ^I 

Uways  undcnslood  he  was  so;   i  rirver  heard 
biia  uiaJce  u^c  of  an  improper  expression  since 
,  was  in  itjc  society* 
Did  yon  ev«^r  hear  Mr.  Uanlymake  any 

T>HtH  1  -or  pikes? — Never. 

trr  -  cseut  when  any  proposi- 

Ijoti  m4ule»  wl;  etited 

t  Jt  It  ?--l  nt  '*aent 

littMtu    air.  ^    the  iuun  niriiticiniidt 

wlial  was  I  by  me  m  thr.  shup^ 

i  DO  person  w...  j,  ^  .  .u  but  Mr.  Uardy  und 

B^lf. 

id   iinv   ili'iiir  more   fiaas  between   Mr. 
what  you  liavc  uientioticd 

vlr.  Ilardy  tliat  you  had  inade 

itrpose  youlimd 
for  idial  pur- 

ibcr  Ql  Ihc  to* 


A.  D,  HM.  [GOa 

T\m  1)111  that  has  been  talked  of,  utK»n  what 
occasion  did  Bjwter  give  it  you? — He  gave  it 
to  two  or  three  persons  ;  I  asked  him  to  give 
me  one. 

Why  did  you  ask  to  have  a  thing  of  that 
sort,  so  perfectly  indecent,  absurd,  and  ridi- 
culous? 

Lord  Chief  Justice  Eyre — If  ytiu  had 
added  infamous,  it  would  have  been  Quite 
proper — it  should  not  !>e  mentioned  %v>ihoiit 
some  term  that  strongly  expresses  dctei^la- 
lion — and  ridiculous  is  not  enough ;  I  am 
sure  you  think  m). 

Mr.  IHrikitie. — I  certAinly  do  think  go* — 
Give  me  leave  to  ask,  how  you  came  to  ask 
for  a  bill  qC  that  descnpliun  f — [  §aw  it  at  a 
distxince,  and  could  not  read  it ;  1  wished  to 
satisly  my  curiosity,  and  asked  Baxter  to  give 
me  one. 

n  '  '  ^iiven  a  proper  epithet 

to  I  bk  thing,  aid  you  ever 

hear  any  inuiL;  jMsa  num  any  member  of  the 
society,  and  more  especially  from  tht*  prisoner, 
which  leads  you  to  cnt^^^  '-  thtt  he  would 
approve  of  a  thing  of  Hi  '— No. 

Did  you  ever  hear  a.,  ^  .,  ...^ion  pass  in 
tlie  course  of  their  incctmgs  that  would  lead 
you  lo  believe  liicy  wuuld  think  ollierwise  of 
the  bill  than  his  lunkhip  and  I  have  now  ex* 
pressed  our  sentunruts  upon  it? — I  heard 
another  person  o*i  the  same  night  say  it  was 
an  infamous  tiling,  and  too  bad  to  be  counte- 
nanced ;  it  was  only  giveti  to  two  or  three. 

Have  you  an^  reasoD  to  behevc  the  pri- 
soner was  acquamted  withp connected  with,  or 
had  seen  that  bill  ?— I  do  not  believe  he  had 
ever  seen  it ;  1  liave  no  reason  to  know  that 
he  had  ever  seen  it. 

From  what  you  had  an  opportunity  of 
serving  of  the  prisoner  at  the  biir,  do  you 
lieve  ho  wuuid  have  encouraj^ed  a  bill  of  tl 
dLScriptionf — 1    do   not    believe   any   such 
tiling. 

John  Edward*  re-eiamioed  by  Mr.  Gumof, 

With  respect  to  this  infamous  bill,  which 
was  considered  so  by  those  who  received  it; 
you  received  it  in  a  division  meeting? — Not 
ai  a  division  meeting. 

Vou  received  it  from  a  member  of  the  divi^ 
sion  ? — Not  at  tkiat  diviaiun. 

V  '  "  r  of  the  Corresponding  So- 

cl<  I  '  was, 

1  [;jr .  niuiith^  (iefore  the  date  mentioned  hi 
it,  Iht'  l^Olli  of  January  ?— Near  llin-c  monlhi  , 

N»jw  with  respect  to  itsahsurdilyau<i  folly, 
having  SITU  two  or  three  delivered  to  dilTcrcnt 
(>ersoii'),  you  asked  for  one  ? — ^I  did. 

Thai  WHH  not  preci^ly  the  same  bill  thai 
has  l#ocn  delivered  to-day r* — Not  the  same; 
not  90  targe. 

Thh  ii  a  ^thwqueitt  onep  hrger^  and  of 
an-  '  '  f  IS, 

i  \!  to  b^  an  i^ntcrtainmenl  on 

th<  ling  to  bcoD 

lh'  I  IS. 

1  taj  .1,(1  iwt  losin  aay  ^>ihc  ibr  yourself, 
'i  Y 


ai 


6(ri] 


SS  GEQIIGE  III. 


until  after  you  bad  hcaixl  ftotn  Mr.  YorltCj 
til  at  the  sfKiety  at  S.bcfticld  were  rretnanng 
pikes  for  Ihcnisclvts? — 1  hqurd  Mr.  Yorke 
mention  on**  tw^Ut  u(  Ui^  (Ijvi^inn^  thsi  lUe 
peojjlc  Lit  .*^'i  ^r**- 

VV H&  lO r  ^  of  ^^'bat  hid 

pas^fni  !it  SiiiKitjijj  iiuti  It (t  viu  to  apply  to 
Mr.  Uarriy  fur  a  direction  to  procure  pike 
111,'  '-"1  tbut  towii?-^No,  1  wcnluf  my 
^Jv 

\.  ,  .,.  .M.idcod  yofi  to  go  to  Mr.  Hurtly  for 
a  tlirccltun  Ipa  pcrsoti  fit  Htiefbeld,  i^Ko  would 
Jt>rj:<vtlu'  bliitles  for  some  piket ?— Becauie  I 
\i»Hltfrstooil  Mr.  Hanily  knew  who  W€re  ihe 
purion^,  or  the  secreury  of  the  society  at 
8hti^ielcj  would  know  who  were  the  persons 
to  whom  [  could  send. 

If  1  undcritand  you  ngbt,  the  particular 
occasion  upon  which  these  pikes  were  to  h% 
in»dc,  was  iipon  ihelsmdingofHeHsian  troops 
without  the  consent  of  parliament? — Not 
upon  thuk  occasion,  I  said  I  madeitjustattbe 
time  that  the  Hessian  troops  were  landed 
Wtfaoul  consent  of  parliament . 

Then  your  making  itikes  had  not  any  rcl^ 
tion^  I  take  lor  grantetl^  to  the  landing  of  the 
Hessian  troops  without  cont^ent  of  parlia- 
ment; I  mistook  you  when  I  look  it  %a? — 
Kot  in  con!^equrnce  of  their  being  landed. 

Nor  at  all  connected  with  that? — No;  I 
only  said  I  ntadc  it  at  that  time. 

Did  you  know  thai  the  Sheffield  Society, 
which  wu»  in  correspondence  with  your  so- 
cietv,  had  puhlislied  a  resolution*  "  thai  the 
hnidiop  of  tlcssian  troops  in  this  country  (a 
ticrocious  and  unprincipled  horde  of  butchers) 
vitlwut  consent  of  parliament,  has  a  suspi- 
cious and  ularming  appearance  ;  is  contrary 
to  the  spirit  of  our  constitution,  and  deserving 
of  th«  marked  indijeination  of  every  English* 
man;  tk^t  it  h  high  time  to  be  upon  our 
guard^  since  these  armed  monsters  may  in  a 
moment  be  let  loose  upon  us"f — I  do  not  re- 
collect lliat* 

Do  you  venture  to  say  that  you  never  heard 
of  that  at  that  time  from  Mr.  Vori|«? — Not  at 
tiiat  ltme» 

How  soon  did  you  hear  of  that  resolution 
from  the  Slicflield  Society? — ^Not  for  sotoe 
tLmc  after. 

rpon  your  oatU,  was  your  pike  completed 
hcfoic  you  hmrd  of  it  in  your  divibioo  mcet^ 
inp*  ?~No,  it  was  not. 

^':^ ur  oath  will  you  venture  tn 

li  iki]  it  before  that  t'omn>' 

iVu  .....;;  f»  -'       'T,:tdc    lO    30Ur   Kh  ,.  i ,  . — 

No;n^l  U, 

(Hir  nwkiL 
npH  were  I. 
teul  ui  pdHiamenl? — I  did  nti  on 

tbit  acttjimt,  hut  I  mudc  it  ]U5t 
Did 


Triml  of  ThnmoM  H^d}f 

VV  1  ar  it  ?— I  Icanit  it  from  i 

hoot  J  at  £aton*s  ihup« 

At   Latuii'i  >hop  in  Newgate- Btnoet^ 
Cock  and  Swme  ? — Vta* 

MjL^  Hat  on  a  momber  of  oi>e  of  your  i 
cjet!es?^llc  was.         % 

Tliis  w..    '■  ent  any  ill«gal  dtsp 

of  your  so  waa. 

mectinga  and  in  accret  <  \ii 

the  use  of  pik**^   *«r  th. 
antjec^on  l  to  t )  ^  ^  taHteld 

to  landing  Utb-  ^       -i   jjppoM 

tMKi  years. 

Had  you  met  with  any  interruption 
ever  in  your  raeeling»j  except  tlml  wbitU  J 
have  named  of  two  police  ofbcera,  cAmiiigg 
the  public- house,  and  staling  that  tliey  wan 
to  see  if  there  were  any  men  fit  to  serve  Kij 
roaje&ly? — A  divjsioi;   in  Bun  bill-row 
oflen  interrupted  by  the  police  oflScer^* 

Had  you  met  with  any  inlcrniption  in  ; 
general  meetlnga,  comTnitlees,  or  »ecrcl  co 
mitlce«,  except  from  peace  (itlicers  ^— No. 

Stittttul  }VHiiam»  swom.-^Ewmincd  by 
Batecr. 

What  are  yoti  f^^\  eun  engraver. 
Do  yoti  know  tlie  pnsooer  at  ibe  kttf 
Hardy  ? — Yes,  I  do. 
Do  yo«i  kuow  a  person  of  the  iiaRid 

Franklow  ? — I  do. 

Where  did  you  fir^t  meet  with  Ftankbir? 
At  his  own  house. 

Did  you  ever  see  him  at  the  prisoner's  ?- 
No. 

Were  Hardy  and  Franklow  together  at  i 
time  when  you  saw  them  f — Never* 

Waa  Franklow  a  member  of  the  Lon 
Corresponding^   Society,   or    llie  Society 
Constitutional  Informationf*— Of  ihel/^a  ' 
CorrespondmE  Society. 

Did  Franklow  ever  apply  to  you  to 
any  arms  for  him  ?— Yes, 

At>out  what  time  ?-*-!  cannot  lie  potitlve  1 
the  time. 

Were  you  a  member  of  ttie  London  Coi^ 
responding  Society  ? — Yes- 

Upon  what  occasion  did  3w>«  hw?ome   a 
member  of  it? — ^Tbe  hrst  in<i 
of  being  a  member  of  the   1 
ponding  Society,  wi  **u^fu^ 

ment    m    the    D^>  I'fom    the 


come  tu  spiriltd  t^^Jui; 
tlio&c  lrt*QpB?w— I  tirver  h 
tkaaguppn  liiaitni^^eiat. 


T^ 


.1     r 


,  iSl  Yi 

,  in  what 

in   I  hi*  I  I 


to  i> 


^iiUgu, 


Jbr  High  Treas&m* 

iMii  WW  that  farther  coovcrealkin  ? — 1 1 
•iiwtYQ  «L/ifii#.jliiTii^  rnn'^niitiff  '\  ipfnnn  in  parlia- 

]>ation. 
I  M         L^/^t  ot  the  con- 

verwUon  ^'ou  have  dcftcrLbed,  wfts  to  slite 
wh»l  the  oh^ect  of  the  socicly  vrai  ? — It  was 
(ot  a  reform  m  parlmment. 

J>mI  Umrilv  tell  you  so  f  »Ve6 ;  he  gave  me 
one  of  the  London  ConrcfpoDding  Society's 
aii(ife«9ei»  which  they  liad  puhlishca.  1  gave 
hbti  ftu  order  for  a  pair  of  shoes ;  the  next 
^kat  I  vrent  to  ha  house  I  had  the  shoes — ^I 
told  him  J  was  in  the  Uue  of  selhng  gtins^  if 
iM  knew  my  person  that  wanted  Mich  things, 
I  aiiouid  bo  ohhged  to  him  if  he  would  re- 
COAnaetid  me;  ^ 

woala  !♦ 
iiji  hav 

How  J 


lie  told  me  he  did  not  koow 

hf!  heard  of  any  pcr§ou  he 

V ;   the  next  tinae  I  went  to 

1  mc  to  bring  a  gun  and  the 


Kit  af^er  you  had  first  seen 
fortnight  m  three  wttks — I 
fook  n  g\%a  to  him,  whith  he  s6ld« 

•iraccount  or  hi*? — On  ■  -it 

jam  an  order  tur  a  pair  oik  <:h 

lie  made  me,  and  toJd  inc  to  bun^  two  or 

^y«eniore  ^os,  which  he  dold  likewise,  and 

^  in  his  houM,  which  wa&  never 

I  »e\'cr  was  p4iid  for, 

J   >uu  know  a  pcf«»un  of  the  name  of 

cef--I  did,  I  5iiw  him  once. 

•Au  li*    .  Til'  "'*^"-  ft*  pia  L'jndon  Corrcs- 

ver  had  any  convcr«a- 

bcrt  did  be  Jive  f*-la  Little  Turnstile, 
rn. 

V  there?— Idif!. 
,  »ii  go  tu  Sp«rttce*8 
,ia«;-*-li»  uj}tUui,t  |ii:ihuo*}  in  the  manual 
.esetciae. 

At  whow?  request  did  you  go  To  Spcncc*s 
\  licaj*c> — M  the  rtM|ucst  of  Mr.  Franklow. 

How  I  ,    .>oD9  did   you  fce   in  Mr. 

fcpentc"'  it  were  assembled  for  the 

purpo»«  i>i  iciiuiiig  the  manual  excrci^f — 
,  four  or  five. 

I>o  you  mean  to  ^-^^  t^ 't  you  saw  four  or 
£ve  at  one  lime,   y  ir  or  five  were  ;ill 

JL^otiMiw,  ai  all  tht  L.    -:  ^,  LU  were  (here  ?—l 
ipufie  tlMre  might  be  iix  or  0even4  ai  all  the 
XwaJi  there. 

part  of  thr  house  did  they  ejcercise  f 

»m  up  uLiirs,  I  bt^icve  a  two  pair  of 

but  I  am  not  positive  whether  a 

pair  of  itairs  room ;   it  was  a  &mall 

[T  room. 

rdor  backward  ?-— I  believe,  forward, 
time  ^--^Bet ween   the   tunirs  of 
tin  in  the  evening, 

Ume  of  the  year?^Goiiig  on 
dtriitmas. 

•  o(  GoatBe  dark  then  f-*rt  waa. 
Did  yoy  ejwieiae  Ibeoi  by  candla  light  iu 

Were  there  any  ihultcrs  tn  the  wMows 
or  were  tlic  windloivi  open?-*-! 
wen  ImLi  catmotbc 


W.1S  thcTO  any  body  ebc  but  yourself  to  " 
exercist^  them  ?— No,  there  was  nut» 

Did  you  act  then  as  the  person  to  teach 
them  their  exercise,  seijeau^t  or  corpoml,  or 
whatever  it  mtghl  be^«-I  did. 

What  night  iu  the  week  was  it  that  yoii 
used  to  meetf**-i  beUeve  it  was  on  a  Thurs- 
day night. 

Who  introduced  you  at  first  to  the  London  ' 
Corresponding  Society?— 1  told   Mr.  (lardy 
that  I  should  DC  glad  to  become  a  member  of  < 
the  London  Corresponding  Society,  hut  did  ' 
not  know  any  person  to  introduce  me ;  he 
named  several  persons,  but  I  did  not  know 
either  of  them ;  he  said  he  would  propose  m<p  ; 
it  waft  upon  hi»  propositjon  that  I  hf-came  a 
member  of  the  London  Co  rrcs  ponding  Socjcly. 

Lord  Chief  Justice  f  vr«.-*-How  "joori  after  ' 
your  first  meeting  Hardy,  did  yuu  become  % 
oicmber  ?--*It  might  be  a  fortnight  or  threes 
weeks,  I  cannot  be  poaitivo.  f 

Mr,  Bo«tr.—*Did  you  know  any  Uiing  of  u 
society  called  the  1-oyal  Liimbeth  Aftbocia- 
fion  *-  '  the  association  to  which 

thoM?  ;  i. 

Dai  ;oii  csu  g'j  to  Lambeth  to  exereiie  ^ 
them  ?-— I  went  to  Mr.  Tranklow's  houift. 

Where  did  he  livof— Ai  No.  1,  China  ^ 
Walk,  Lambeth, 

How  did  you  find  where  his  house  was?-- 
When  I  went  to  Mr.  Hardy's,  one  nii^ht,   he 
gave  «ie  Mr,  iTinklow's  car*l,  ^'^"^  '"''1  nic,  i 
that  he  was  going  to  raise  an  a-  and  i 

wanted  some  person  to  supply  Hit  .  irfij*. 

How  soon  ;tUcr  you  had  been  uaroduccd  to  i 
Hardy  was  thui?— It  might  luivc  been  six. 
weeks  or  two  months,  1  cunnut  say. 

In  con^oqurnre  of  that,  did  you  gel  a  card 
or  address  frotu  Hardy  to  Frank  low  ?*"I  had 
a  canJ. 

When  did  you  go  to  Franklow's  houbc?-:-  i 
It  was  two  Of  three  nichts  alter  1  was  at  ^ 
Hardy's. 

Did  you  find  the  same  people  there  that 
you  met  nt  !Spencp*s,  or  were  they  different 
people?"  Dltfc rent  people. 

What  did  Vou  do  when  you  went  to  Frank- 
low's,  as  to  the  people  yoii  met  there  ?— They 
were  then  reading  over  the  articles, 

What  articles  ?— Theartides  of  thcLajnbcth 
Association, 

Do  you  happen  to  know  whether  the 
Lambetli  Association  was  composed  of  inha- 
bitants of  Lambeth  ?-  -No,  it  whs  not 

What  was  the  name  they  ^ve  ihemscWa? 
—The  Loyal  LambcOi  Association. 

It  was  not  composed  of  mliabilants  of  ' 
Unibcth,  you  sigr?--Nol  entirely,  ^     ,       ^       , 

Who  were  inliabiunt*  ol  Lanibctlt,  tliat , 
you  knew  of  that  association  -Fianklow ' 
lived  there?  --Ves.  -    ,       j 

Who  else  do  you  know  of  that  aiisocmlioa, ^ 
that  were  parishioner*,  or  inlmbiiaiu  of 
Lambeth  ?--l  cannot  sav  I  know  any,  1  did 
Dot  know  where  the  people  lived. 

How  o*lcn  might  you  attend  at  Franklow*i 
lof  the  purpoK  uf  docipUamg  thaac  mca?« 


«95] 


35  GEORGE.  IIL 


Trial  of  Thomas  Hardy 


0606 


Mr.  Frauklow  himself  disciplined  them  at  his 
own  house. 

Did  you  happen  to  know,  by  any  atieans, 
bow  man^  there  were  of  Lambeth  people, 
that  were  m  tliis  Lambeth  Association  ?-^I  do 
not  know. 

Do  you  happen  to  know,  from  Franklow, 
or  any  of  them,  whether  they  had  applied  to 
any  magistrate,  or  had  applied  for  any  autho- 
rity to  hold  this  Loyal  Lambetli  Association? 
—They  had  not,  to  my  knowledge. 

IIow  many  muskets  did  you  yourself  supply 
for  the  use  of  this  association?— Eleven. 

By  whose  direction  did  you  supply  tliose 
eleven  muskets?— Mr.  Franklow's. 

Who  naid  you  for  them?-'-Mr.  Franklow. 

For  all  of  them?-. -For  all  but  one. 

What  were  the  arms,  guns,  or  what?— 
Muskets. 

Had  you  any  orders  or  intimation  given  to 
you,  whether  or  not  any  more  arms  would  be 
wanted  for  the  use  ot  that  association?— 
There  were  to  have  been  sixty. 

Do  you  know  for  what  purpose  that  Lambeth 
Association  was  formed? — According  to  the 
articles,  it  was  in  case 

Look  at  these,  and  tell  me  whether  those 
are  the  articles  of  their  association  ?— Those 
were  the  articles. 

One  of  the  Jury,-^Were  these  fusees? — 
They  were  all  muskets. 

Air.  Bower. — Were  there  any  bayonets  ?— 
Muskets,  with  steel  rammers,  and  bayonets 
complete. 

[The  Preamble  to  the  Articles  read.] 

"  Rules,  Articlett  and  Regulations  ;  to  he  ob' 
served  by  the  Members  of  the  Lm/al  Lam- 
beth Association.  London :  Printed  for 
the  Society,  1792. 

"  Whereas  the  fear  of  invasion,  and  civil 
commotions,  have  alarmed  several  of  the 
inhabitants  of  this  parish  and  its  vicinity, 
we  have  thought  proper  to  form  ourselves 
into  a  niiiilary  association,  to  be  distin- 
guished by  the  name  of  the  Loyn/  Lambeth 
Association,  united  for  the  defence  of  their 
country,  lives  and  property  ;  and  against  all 
subverters,  and  levellers  of  peace  and  good 
order;  ever  ready  to  step  fonvard  in  the 
above  case  when  called  upon,  within  the 
parish  of  St.  Mary's,  Lambeth." 

Mr.  Bower. — ^Where  did  you  say  Spence's 
lu)use  was  ?— In  Little  Turnstile,  llolborn. 

That  was  the  place  where  these  associa- 
tions, of  the  parish  of  Lambeth,  met?-— Part 
of  them ;  and  part  of  them  met  at  John 
Shelmeniine's. 

Where  is  John  Shelmcrdine*&? — Near  the 
Borough,  in  Southwark. 

Do  you  happen  to  know  whether  there 
was  a  single  person,  that  was  disciplined, 
cither  at  Franklow's  or  Spcnce*s,  who  was 
not  a  member  of  the  London  Corresponding 
Society  ?— I  really  cannot  inform  you. 
•■  Were  all  that  you  knew  members  of  tbftl 
society  ?— I  never  made  that  inquiry. 


Mr.  Erskine,' 
read. 


-  We  wish  to  hsve  the  iitides 


'<  JRtt/ef,  Articles^  SfC* 

**  Art.  I.  This  association  shall  connsl-  of 
one  captain,  one  lieutenant,  one  eoagOi  a 
Serjeant -major,  three  Serjeants,  tiiree  corpo* 
rals,  sixty  rank  and  file,  two  drummers  and 
fifers. 

*'  Art.  II.  Every  person  proposed  tnd  re- 
commended, shall  be  namca  a  week  previous 
to  his  introduction,  and  well  known  by  the 
member  who  recommends  him. 

*'  Art.  III.  Every  member  shall  pay  weekly 
into  the  hands  of  the  treasurer  (chosen  out  of 
the  association)  the  sum  of  one  shilling  and 
sixpence,  for  purchasing  arms^  and  accoutre- 
ments, as  likewise  towards  defraying  the  inci- 
dental expense  of  this  association,  the  sub- 
scriptions to  be  lessened  when  the  above 
articles  are  purchased. 

"  Art.  IV.  The  officers  are  all  elective 
quarterly,  as  likewise  a  committee  of  seven 
members,  the  committee  to  regulate  the 
internal  afiiurs  of  the  association ;  the  serjeant- 
major  and  treasurer  arc  not  elective  quarterly, 
but  hold  their  office  during  pleasure  of  the 
members  of  this  association,  and  at  all  times 
while  in  office,  arc  members  of  the  committee, 
over  and  above  the  seven  members  h«llotted 
out  of  the  association. 

''  Art.  V.  As  tlie  protection  of  public  and 
private  property  is  the  object  of  this  associa- 
tion, we  hereby  engage  to  step  forth  in  case 
of  fire,  tumults,  commotions,  and  riots,  but 
not  beyond  the  parish  of  St.  Mary's,  Lambeth. 
^  Art.  VI.  Tlte  uniforms  of  this  association, 
is  a  blue  coat  lapelled,  scarlet  collar,  plain  gilt 
buttons  white  waistcoat,  nankeen  breeches, 
white  stockings,  half-black  gaters,  black  stock, 
cocked  hat  and  cockade. 

*•  Art.  VII.  As  the  further  object  of  this 
association,  is  the  encouragement  of  itsmem* 
hers  in  tlieir  different  calhngs,  it  is  therefore 
resolved,  tliat  such  articles  as  are  used  by  this 
association,  to  be  had  of  its  members,  and 
when  two  or  more  members  are  of  one  pro- 
fession to  be  equally  divided. 

"  Art.  VIII.  That  swords,  eppulcts,  sashes, 
and  swordknots;  be  purchased  out  of  the 
stock  of  the  Association,  for  the  use  of  officers. 
"  Art.  IX.  That  this  Association  have  four 
Quarterly  Meetings,  viz.  the  first  Monday  af- 
ter the  four  regular  quarters ;  when  the  OflS- 
cers  and  Committee,  are  to  be  chosen :  Audit 
the  Treasurer's  accounts,  and  other  necessary 
bu!>incss. 

"Art.  X.  As  no  Armourer  is  to  be  appoint* 
ed  to  this  Association,  every  member  shall 
keep  his  own  Piece,  and  Accoutrements  clean. 
"  Art.  XI.  That  the  place  of  Meeting  be 
in  or  near  the  Town  of  Lambeth,  in  as  com- 
modious a  place  as  can  be  procured. 

<'^t.  XII.  That  every  member  dearths 
bookv'  once  a  month,  on  negleet  to  fc—  oos 
Shilling,  all  fines  whalew  Id  b«>i  ~ '  ' 
the  joint  stockof  this  / 


for  High  Trtmon. 

**  XITT.  That  Mr.  FranckUm  \%  appointed 

5c  Hi  Milt-  Miiior  of  this  AssocmtioDi  as  likewise 
'i  uiry,  whose  duly  is  to  in- 

L*r       I  in  the  use  of  Arms,  aod 

^Uurv  diHcij>ime,  tor  which  two- pence  a^cek 
I  |»aid  him  from  each  member  (out  of  the 
ubficription)  while  learning,  to  attend  twice  a 
" ,  Wednesday  and  FhtTay  Evenings  from 
feo  to  ten  o'clock.     As  Treiisurer  he  is  to 
live  all  subscriptions,  and  account  with  the 
I   r  t  -  n  igh  I,  in  order  that  they 
f  T  ;  nentstbr  Articles  received 

I  i.  loii ;  as  Secretary,  to  keep  the 

\  ?  id  Book  of  this  Association, 

i  nf '     A5^'M«'c    ^-^  --r^^  agreed  tOf 

4m(l  HgAtd  bt^  {'  s; 

**  JOHN  1  i  u.-i    i  i  /.  XL  i.i.UW. 
*^  JOHN  8iiELMEliDINE. 
"JOHN  WILLIAMSON. 
'*  JAMES  DAVISON. 
*'  SAMUEL  WILUAMS. 
**  Nov.  15lh.  1793." 

Mt.  Bower. — This  a*^socialion  was  for  the 
Bruo»e  of  stepping  forth  in  case  of  fire,  tu- 
HsIU,  commotions,  and  riots  ,  but  they  were 
not  to  eo  beyond  the  parish  of  St,  Mary's 
Elbetli,  I  asked  you,  before,  whether  any 
Bf  those  members,  except  Frank  low  that 
von  knew,  were  inhabitants  of  the  parish  of 
ftmbeth — you  said  not  ? — Not  to  niv  know- 
ledge. 

Did  y<  (1  know  any  of  them  ?— I  knew  that 
some  ot  them  were  not. 

How  fame  Spence's  house,  in   Turnstile, 

Lincnh^V'  lriii-Fiekl%  to  be  a  place  fixed  upon 

>  he  members  of  the  Loyal  Lam- 

I  ii.rt,  who  were  not  to  go  beyond 

the  houiidi  of  their  own  parish  ?■ — 1  can  tell 


no  otherwise,  only,  ilmt  they  c ouid  not 

else.    It  was  thought  proper,  by 


ieet 

.     .   r,  by 

and   sonte  olhers^^'that   as   they 

'  no<igh,  that  the 

1  into  ten  divi- 

on*k ,  ui'  !|-  ^lt  Spence's — ano- 

er  at  J<j  i  \ — another  in  West- 

iminMer,   .k       im.-i..  vii  :>;  where  tl^e  others 

fwcre  to  be  I  do  not  know. 

Hid  vou.dlthe  lime  that  you  were  supply- 
to  this  society,  any  conversations 
II  upon  the  subject  of  parliamentary 
-ftbrn) :  or  did  yotj  hear  any  conversaUon 
amon;^  them  respecting  that  ? — Yes ;  there  wa* 
luu  of   that   kind  passed    between 
ie  limes  than  ouce,  at  the  times  of 

ItiCi; 

^^  ^»e  subject  of  those  cooversa- 

is,%Uons  respect  at  ah 

nP — I  cannot  tell  i  I 

<!'•.  '     vn. 

C  t  any  conversa- 


nces ol' Anns* 


Luneot  wjthoui 
,^  ..j.ve  got  It  by  the 


A.  D.  1794*.  [698 

I  ask  you  from  tlie  conversation  of  the 
members  of  that  association  that  met 

Mr.  Cifc6*.— I  object  to  thisr— I  understand 
the  Court  has  determined  that  any  thing  that 
any  member  of  the  Corresponding  Society 
says,  is  evidence  against  Mr.  Hardy ;  but  1  do 
not  apprehend  that  the  Court  hji»  determinecl 
that  every  tliing  said  by  tlie  members  of  the 
Lambeth  Association,  whom  the  witness  does 
not  know  to  be  members  of  the  Correspond- 
ing Society  is  evidence;  consequently  the 
question  put,  of  what  this  man  has  heard  from 
any  member  of  the  Lambeth  Association,  un- 
less he  can  fix  that  he  heard  it  from  some  of 
those  who  compose  the  Corresponding  Society, 
is  not  evidence. 

Mr.  Bott:cr. — I  understood  you,  that  Hardy 
gave  you  the  address  of  Fnmklow  f— Yes;  he 
gave  me  his  card. 

In  conseqticnce  of  which  you  went  to 
Franklow's^  and  there  met  this  society  T — Yes, 

Mr.  Bamer. — I  conceive  when  I  pr^ive  that 
a  number  of  persons  assemble  together,  under 
the  directions  of  tlie  prisoner,  that  I  can  give 
evidence  of  llicu*  conversation. 

Lord  Chief  Justice  Eyre. — ^The  moment  you 
iiave  proved  one  of  the  terms  of  your  proposi- 
tion you  lire  right ;  Hi  the  mon»ent  it  is  proved 
that  this  association  of  Franklow's  was  un- 
der the  direction  of  the  prisoner,  undoubtedly 
every  thing  they  do  wdl  be  evidence  against 
the  prisoner ;  but  I  do  not  observe  that  the 
evidence  pjoes  farther  than  tiiis — in  the  course 
of  trade  Williams  buying  shoes  and  boots  of 
Hardy,  Hardy  recommends  hun  to  Franklow, 
in  the  way  of  his  business,  and  there  is  no- 
thing that  I  can  discover,  at  present,  to  con- 
nect Frank  low  *s  transaction,  with  regard  to 
this  association,  with  Hardy,  except  so  far  as 
the  members  of  it,  can  be  traced  to  be  mem- 
bers of  the  London  Corresponding  Society: 
you  have  examined  with  a  view  to  lhat,and  it 
appeared  to  me  that  thai  examination  rather 
failed,  for  he  did  not  undertake  to  know  that 
any  of  tho^se  people  were  members  of  that 
society. 

Mr!  Bcrttw.— I  Will  see  if  I  can  set  the  fiictt 
a  little  more  distinctly — was  Franklow  a  meni<- 
her  of  the  London  Corresponding  Society  f-* 
He  was. 

Did  you  know  Shelmerdine?— Yc». 

Was  lie  a  member? — He  was. 

Do  you  know  John  WiJIiamsou.'*— Yes;  hut 
I  cannot  say  wiiether  be  was  a  member  or 
not. 

Do  you  know  James  Davl&on? — ^^I  nevef 
saw  liiui  but  oncci 

Do  you  know  whether  he  was  a  member 
of  the  Corresponding  Society?  —  1  cannot 
tak  !    to  ^y. 

I  I  Justice  Kyre, — Franklow  was  a 

mtitHm^i  «i  *i*e  London  Corn  -"-•^'"^ '  Society 
— lhilH>rtriniiiiii  uuduubteii  ii>ed  by 

}v|rTi.».ft  in  htk,.  i-rr.itiirt'  :ih'.(a<  j    thefO* 


Mr.  ^ticUor-UcncraL^^li 


35  GEORGE  HL 

Bvcd  thai  Ht  tlie  dinner  on  the  20ih  of  Ja- 
T 1. ink  iruv  appeared  ill  Uie  regimeolab 

lie  ciiil  so  t  but  I  do  not  appre- 
briid  thai  ii  aay  geAltcman  who  wears  a  parti- 
cul  tr  uiafurm  hacl  appeaix-d  up  flairs  at  duincT 
wiiJi  >our  lordships  lo-dHV,  that  your  lorddhips 
^gidd  be  a  (Reeled  by  auy  thing  which  a  mcai> 
bcv  of  thr  society,  to  whicli  tljut  ^enllcnma 
Manged  hud  said.  I  miglH  put  the  cade  of 
wNue  geuUemen  who  did  dioe  with  yotir  Jord* 
«^p6i  who  arc  engaged  in  societies  tliat  wear 
uniforms :  suppose  one  of  thos«  getillemen 
bad  happened  to  dine  with  your  lordsbips  up 
stairs  in  ihal  uuUorm,  by  the  argument  the 
soUci tor- general  uses,  because  be  appeared  in 
his  uniform,  at  dinner  with  your  Jordsliips^ 
llicrelbre^  what  any  one  laid  wbo  belonged  to 
the  bociely*  dis.tniguished  by  that  unitbrm. 
ivould  be  evidence  agiainst  all  those  who  had 
dined  with  that  genUenian.  U  seems  to  me 
Ibat  is  an  arguuieut  wliich  catinol  stand  for  a 
iiiotiienu 

Anotlier  way  in  which  it  has  been  put  by 
my  learned  fric-nd^  Mr.  Bower,  is  this — Thai 
becaw^  Mr.  I  ratiUow  being  a  member  of  the 
London  Corrc^punding  Societv,  presided  at 
another  «}Ociety,  for  a  purpose  that  is  not  con- 
necUnX  with  the  Lnndon  Qirresponding Society 
— tiiercfore,  first  his  declarations  are  evidence 
agaiust  Hardy,  because  he  is  one  of  those 
Uiouaandf  of  wiiom  the  Londoti  Correspond- 
ing Sociiitv  consists ;  and  next,  if  he  consti- 
tutaa  auodbcr  sofiicty  cou^isting  o(  ten  lliou- 
itaud  mcn^  every  thing,  that  every  od«  of 
those  ten  thousand  men,  who  are  constituted 
by  one  man  that  belongs  to  the  two  or  three 
Ihonsand  of  which  the  London  C-orresponding 
Society  consistS|  b  to  be  evidence  against 
Mr*  Hardy — It  does  not  secra  to  rae  that 
there  is  any  principle  of  law  upon  which  any 
of  those  men  who  happened  to  belong  to  a 
society,  insUlnted  by  Fr^nklow,he  happening 
to  be  a  member  of  the  society  of  whicti  Hardy 
was  a  member^  that  the  declarations  of  any 
oneof  tliose  men  so  sub-connected  with  the  so- 
ctely»  nOf  not  even  upon  oath^  can  be  evidence 
•gunst  Hardy^  to  prove  either  that  he  has  com- 
|>aa^  the  king's  death,  or  done  iiny  of  the 
acts  staled  iii  this  indictment,  or  that  those 
acts  were  pointed  to  that  design  against  the 
king's  life.  Perhaps,  1  am  less  distinct  in 
arguing  the  case  Dcfore  your  lordshjp,  be- 
catiset  1  confess,  I  do  not  feel  any  principle 
upon  which  this  can  be  contended  to  be  evi* 
dence. 

Mr.  Bas»er.*^*I  will  prove  thai  none  were 
io  tie  admitted  into  FranklowS  Ab^ociation 
but  members  of  the  London  Corresfionding 
Society, 

Ixird  Chief  Justice  Eifre, — Whether  the 
principle  will  apply  to  ?^-  r,  ».#,r..«-r  fact  is 
another  thing  ;  but  it  ii  j^  stated, 

that  I  am  !>urpnsed  wt  i.....^  i:^.  u^*  the  good* 
tetutie  to  make  ourselvei  understood  by  the 
bar*  because  we  have  staiod  iiom  tlie  begin^ 
nisig  of  this  trial,  that  there  wee  &  apcciee  of 


Trial  <^  T^omm  Ilstrdt/ 


[TOfl 


evidence,  whicli  was  admiMibic  in  tliia 

which  had  no  imntH<1i:arr  reblion  to  the 

soner  ;  and  tli  was  another 

of  evidence  wh:  : n mediate  re bti'oo 

Uieprisoner— that  inasmuch  as  tl 

is  charged  with  being  involved  in  u 

and  some  evidence  being  given  of  his  hai 

in^  been  so  involved,  that  all  the  tra&Aadiei 

oflhat  conspiracy,  to  which  he  is  not 

diately  a  party «  he  wdl  be  boi»ml  by%  i( 

the  whole,  he  1 

conspiracy;  au 

actions  ot  a  plot  ur*  aiw  i  ieiie 

without  regard  to  the  q 

prisoner  i*  '  ---1'  '-  •  ■ 

particul-jr 

s«rvc^  tiia*  i. 

against  the  pr  ^  \\ 

in  the  plot,  ai! 

the  parts  ofit- 

But  there  n 
ticutar  case  falli»  wiLliiu  ihe  praHiple,  Tht 
first  (juestion  is — whetlter  !hf  re  is  any  eri* 
dencc  here  of  I  ( 

the   London  I  .e 

only  proof  of  that  1^,  tluU  fic  duitU  hi    ui  im 
form  at  their  ainiual  dinner*  I  shuukl  ha* 
great  diftcully  about  that 
staiul)  thai  Ihey  were  m  1 :  ^ 

visitors  as   well   as  cnki^an  j 

members — that  being  bo,  a  a 

there   without  hcinii  a  mcmbci  ^.  ...    L  ,*.,^u 
Correspondmg  Society* 

Supposing  U  ontc  proved  distiiullv  th^i  ^14 
was  a  member  of  the  London  ^ 

Society,  then  the  question  vji  4 

member  of  the  Corre**jKmding  >»«Ki«?ly,  wbv 
charged   with  hiiviirj  u  grcitt   share   in 
whoieof  tins  in 
sociating  per^r  i 
not  true  in  fiVtU  '^^  ' 
Lamheih,  anda»soci 
inhabitants  of  l^iu' 
nished  with  arms,  ij 

CJtercise,  and  «n 

either  by  tratH 

selves  mcmber&i^i  ...w  l 

I  cannot  undertake  to  ss- 

connect  with  tine  general 

action;  and,  theutort?,   1 

upon  that  ground  to  minui 

first  of  all,  how  is   the  iiici  with  regard 

Franklow  being  a  miimber  ? 

Mr,  Gibh9,—l  could  un  ' 
low*8   declarations    were 
point  thut  puzzled  mc  w^s^  1  > 
stand  how  the  declnrations  ol 

were  ^  ■  '■  ''"    '  -• 

social 

to  n^L*   U|u:  Iri  i^«^ 

rations  of 

ofoOi'^- 
woui 

be  putc»:« 
yourobjcci  ^Ut 


Kyr  e— .Uolees  they  c_ 
^  condition  uf  Fmnkkw, 


Mr.  Mtornesf  Ocncra/«—Wtti  Fimfiklo^  e 


iptfttber^tfae  Concspoading  Society?— He 


I 


Mr.  BMrer.— WlM!thct,  pfevioiis  to  your  ad- 
auftsion  iiito  that  society,  you  bad  anyconveiv 
ittti  i«?r  about  the  L4>m)on 

C«i:  r,  iiboyi  orovidin*  arms 

ffif  i1m»  i^aiL^iU  Ai>iiCictationK— 1  cajiiujt  re- 

U  I       1  member  of  the  Lon- 

4Qii  *  iely»  before  you  were 

cmpli,*)ta  by  Uit  Lambclh  Association  f—- 
Yc%. 

How  !  r^  you  to  be  admitted  a  mem- 

oftlifl   1  rrtfpondiog  Society f. — Mn 

iiardv  (  >  meet  a  youDg  man  vfho 

wouli)  p  tuthe  divi 9100,  mid  I  should 
beadjiiiU-<.»  ^,*^  1  was  by  tlmt  mcuns  ad- 


fidbre  you  were  admitted  to  the  I^mbeth 
ilatodttiiOQ,  w€te  yi»u  a^^ked  at  nU,  y^Ueihct 
joa  m9n  1  membor  of  tbo  Ijonikm  ( lor  res- 
]Hiod jog  Society  ?^1  do  not  tecollcct  that  I 


Did  Fraaklow   know  that   you  were?—! 
Iniv«  no  re4!»on  to  think  he  did  not :  I  believe 
he  did. 
UmAf  did  know  itf—Yrs. 
""  om  the  conversation  ot'thti  members  there 

riiited  

1^  Chief  Justice  JEj/re.—^  Ennui  re  what 

frcf%ation  wa?»  betauie  w  tie  I  her  he 

Dl)ect4  the  effect  of  it  or  not,  cannot 

I  witii  ecrtauity. 

Mr.  Ihwer. — Teh  us  the  ^iiTt-^t-mrf  ©f  any 

<Olli«r6«iUon  you   have  hen  -st  the 

aMBlien  of  this  M>cielyre>;         ^  uie  pur- 

MMS  of  th«9  a^cxriatiou  for  a  iTariiamentary 

>'  —It  seems  tome  that  it  is  not 

^H^i  J^y^rr  fit  fW  1he|>rt^onpr  With 

dt:!;  If;  who  lho>('  pel '-oils, 

i»tT  ltd  it;    for  how  am   I 

lot  M 

^  -If  you  c^r  heard  any  conver- 

•  •at  f    "'     '  ■   '    ti  rceollccl  any  of 

ih'  J 10  were  present? 

Li..,:  -    ^n,i     <^iti    ygn 

imdcratn  them, 

what  lli'  al  were 

lb'  dJVom  whom  did  y«ni 

lis? — I  realty  cannot 
tiie  i>etMjii»;     i  make  no  doubt  but 
Mf<  NofHrr  nnrJ  Mr,  Sanderson  thcni^ 
"■t,  they  were  members 

i^  from 

Ml  .uv>'  trun^^  i!tiii   he  said 
a*  present  when  such  con- 

dote  Nodddr  aworn.^— Exuiiiined 
by  Mr.  Bowtr, 

Wife  you  a  member  of  the  Loyid  Lambeth 
%-No. 


Wert  you  ever  prcecnl  with  them  f— No, 
Were  you  ever  at  Spence**  in  Tumslile  f^ 
I  was. 

Were  you  extt  there  when  any  of  the  Loy^l^ 
Lambeth  As«iocJation  were  there  f>-l  catingf  , 
tell,  for  I  do  not  know  any  thing  of  any  pet- 
sons  of  that  description. 

George  Sundcrum  sworn, — Examined  by  Mr. 

Were  you  ever  present  at  any  meeting  of 
Uie  Loymi  Lambeth  Association  K— None  of 
that  description  as  I  know  of. 

Mr.  Borver  to  W iUianis. -*Di6  you  ever  hear  | 
nf^*'  f  ..i»o^^-,,«.rTTjin  the  presencf^^'  1  r -kJow, 
r  ilia  who  were  ji  reatf 

th-.  w.^.^„.;.^ii?— Yes;   I  have  .^,.:<i  ^o  al- 
ready. 

You  have,  in  the  presence  of  FrankloWy 
r  I  do  not  know  tlie  pervious  f^YcB. 

^i-r. — I  submit  that  it  is  §ufiicjent  to  \ 
let  m  thf:  evidence, 

Mr.  Justice  Crcfte. — But  lei  us  hear  Iher 
conversation,  Mr*  0owet,  not  what  heeol^' 
lected. 

Lord  Chief  Juistice  %re. — All  that  ciiii  j 
affect  Franklow  by  the  general  cvideneeymtist  ] 
be  admissible. 

Mr.  Erj^in^.— The  Court  has  ruled    f>t-  ' 
quentty  in   the  course  of  the  trial,— and  it 
would  be  indecent  in  us  to  argue  it  again,P— 
that  any  thing  said  or  done  by  any  memberT>f  ^ 
the  London  Corresponding  Society,  or  any  ' 
members  of  any  other  society  with  which  that 
society  is  implicated,  will  be  evidence  to  prove 
the  ftrst  branch  of  the  conspiracy,  and  that 
they  must  go  on  to  build  upon  that  evidence 
that  which  is  necessary  auerward»  to  aflect! 
the  prisoner.    Therefore    I    submit  to  your 
lordsnips  what  I  take  to  be  the  distinction^ 
hpre---Mr  Bower  was  going  on  to  prove  \ha% 
all  the  members  of  the  Lambeth  As^wKiatToti 
v..  iiiliprs  of  the  C'orrcspfM  "  ^^'Vt 

V.  J^l  put  an  end  to  our  .    ot\ 

Mi  :'  T»'  not    all    nu  lutH-r?^   i^^ 

I  I  Uat  what  was  done  cami? 
Injiii  ,1  iiif  iiisir  r  ui  uie  Gorre*pfmf^'r^ '  '^  ^rcty, 
then  I  apprehend  it  ^vill  be  1  Iso; 
hv*  ^  "^"  lordship  has  truly  s... ,,  ',,.,,:  Mr. 
]i  not  seem  to  be  more  connected 
\\.  rris  the  Serjeant  mftjor  of 
pai  1 1  i  I  merely  in  the  coufi 
ti  '  J  he  knew  any  IkkI^I 
v.  IS,  he  said  he  did  not;  this  man 
n                   frr  hiin  ;    in  the  course  of  n  fori- 

II  Jtcrherecomm* 
ii,  LOfiMiut  that  at 

he  rticumniciJilLd  lam  to  Fnmklow,  he  kucvv 
thi?  articles  of  hi»  association,  he  c»n!y  knew] 
r         '  '        '  '     iLicmberof  the 

I  ;   therefore  t 

i  •■■'  *'-  mlc; 

^:  ..v^  ...  ,  --nk- ' 

I  to   somethini;' 

ci  -, .,  p,,,-,:^:  -i , ,.  .   iwimtwasaaid^' 

aod  wltich  miglit  have  nothing  to  do  with  hta 


703]         S5  GEORGE  III. 

in&titution ;  it  would  be  too  much  to  a£fect  the 
prisQDer,  particular! v  at  so  late  a  period  of  the 
cause  (though  I  do  not  mean  to  say  that 
would  make  any  specific  difference)  with  a 
declaration  so  very  inconsistent  with  what 
your  lordship  has  already  heard  upon  this 
subject;  it  tnereforc  seems  to  me  an  object 
of  greater  suspicion,  and  more  our  duty  to 
guard  against.  The  witness  has  said  he  can- 
not specify  who  the  person  was,  and  if  they 
were  not  all  members  of  the  London  Corres- 
ponding Society,^  non  cotutatf  that  the  man 
was  a  member  of  the  London  Corresponding 
Society. 

Lord  Chief  Justice  Eyre, — ^Nothing  turns 
upon  the  question  whether  Hardy  did  or  not 
recommend  Williams  to  Franklow,  the  ground 
of  its  admissibility  is  simply  that  Franklow 
was  a  member  of  the  London  Corresponding 
Society — then  as  a  ground  of  the  general  con- 
spiracy, it  is  offerd  to  prove  that  Franklow 
has  formed  an  association  of  armed  men,  to 
which  association  they  will  impute  a  design 
connected  with  this  alleged  conspiracy ;  what- 
ever, therefore,  will  fix  Franklow  with  that, 
has  been  considered  as  proper  evidence  to 
that  general  charge  ;  and  the  only  question, 
therefore  is,  whether  laying,  for  a  moment,  the 

Prisoner  out  of  the  case,  supposing  Franklow 
imself  at  the  bar— whether  if  he  makes  an 
association  of  persons  of  this  description,  and 
if  there  are  conversations  passing  in  his  pre- 
sencCy  from  whence  a  bad  design  can  be  uu- 
puted  to  this  association,  whether  that  is  not 
admissible  evidence  as  against  him?  what  the 
effect  of  the  evidence  wUl  be,  it  is  truly  ob- 
served, will  depend  upon  a  thousand  circum- 
stances ;  whether  he  was  attending  whettier 
it'  he  was  attending,  he  approvea  or  disap- 
proved of  it?  all  wfiich  may  avoid  the  effect 
of  the  evidence ;  still  it  seems  to  me  that  as 
against  Franklow,  and  to  fix  upon  him  the 
lukvins  been  guilty  of  forming  this  association 
for  a  bad  purpose,  the  transactions  that  pass 
in  his  hearing  are  clearly  evidence. 

Mr.  Bowfr  to  Williams,— You  told  me  Mr. 
Sanderson  and  Mr.  N  odder  were  present  at 
a  conversation  that  I  should  have  asked  you 
to,  if  I  had  been  admitted;  were  they  present 
at  Spencc's,  Franklow's,  or  Shelmerdine's  ? — 
I  have  only  seen  them  at  Shelmerdine's  and 
Spence's. 

Frederic  Folydore  Nodder  called  in  again.—. 
Examined  by  Mr.  Bower. 

You  are  a  member  of  the  London  Corres- 
ponding society  ?-  •  - 1  am. 

Were  you  present  at  either  Spence*s  or 
Shelmerduic*s,  and  at  which,  at  the  time  the 
last  witness,  Williams,  was  there,  and  when 
persons  were  assembled  for  the  purpose  of  he- 
me drilled? — ^lo  my  knowledge  I  never  saw 
Williams  but  at  Spence's. 

You  have  been  with  Williams  at  Spence's, 
when  the  persons  were  assembled  that  he  was 
drilUng  and  teaching  the  manual  exercise?— I 
have. 


Trid  of  Thomas  Hardy 


[7M 


When  you  wer^  there,-  did  you  firott  any 
persons  there^  hear  anyconversation 

Lord  Chief  Justice  Mmt. — Did  you  say  you 
were  a  member  of  the  London  Correspondiii| 
Society  ?•— Yes,  I  am  a  member  of  the  is£ 
division ;  here  is  my  ticket  [Producing  il}. 

Mr.  Bower, — Do  you  know  whether  the 
persons  who  were  there,  were  members  of  the 
London  Corresponding  Society  or  not?— I 
cannot  say  whether  all  were ;  some  of  them 
were* 

[The  Ticket  read.] 

<'  No.  35^  London  Correspondtofl  Society/ 
united  for  a  Reform  of  Parliameataiy  Hepreaoi* 
tation — Unite,  persevere,  and  be  firees-DWi- 
sion  No.  13."  On  the  back--  **  Fiederick 
Nodder,  paid  to  Midsummer  tenpence,  Samuel 
Cooper,  1794." 

Mr.  Bower* — ^I  cannot  cany  this  farther, 
and  therefore  I  must  leave  it  to  the  sense  of 
the  Court. 

Lord  Chief  Justice  Eyre, — I  understand 
the  Court  to  have  decided  that  you  may  in- 
quire into  conversations  in  tlie  preseoce  of 
Franklow. 

Mr.  Erskine.—To  what  was  said,  but  not 
what  he  collected. 

Lord  Chief  Justice  Eyre.— Not  what  he 
collected. 

Mr.  Bomer  to  William*. — Tell  me  any 
conversation  you  recollect  when  Franklow  was 
present  respecting  the  London  Corrcspooding 
Society?— I  cannot  recollect  the  cooveisa- 
tions. 

Can  you  recollect  any  part  of  them ;  how 
did  you  collect  it? — By  being  with  them  at 
various  times,  and  hearing  different  talk; 
there  were  some  among  Xhcm  which  I  did  not 
take  any  notice  of,  or  give  myself  any  conoem 
about. 

When  they  met  at  all,  was  the  subject  of 
parliamentary  refonn  introduced  at  all  as  a 
topic  of  conversation  ? — No,  only  some  would 
be  talking  one  to  the  other. 

You  mean  it  was  not  general  conversation, 
not  as  a  debate,  or  any  thing  of  that  kind  ? — 
No. 

But  they  were  talking  to  each  other  ?^ 
Yes. 

Were  they  talking  so  that  Franklow  heard 
them  ?— Private  persons  might  talk  about  iL 

Lord  Chief  Justice  Eyre— We  ought  to  be 
always  very  correct  when  collecting  what  peo- 
ple said.    I  think  you  had  better  not  press  it 

Mr.  Bower, — You  heard  from  Franklow  thai 
they  were  to  consist  of  sixtv  ? — Yes. 

Did  you  hear  from  Franklow  whether  they 
were  to  have  any  more,  or  that  was  to  be  tlie 
utmost  quantity  tliey  were  to  have? — ^Thal 
was  to  he  the  number. 

Had  you  any  directions  from  Franklow  or 
Hardy  upon  the  subject  of  arms,  or  of  any 
other  kmd  ?— I  was  one  night  in  Mr.  Ilardy^ 
shop,  and  there  was  a  person  there  asked  oie 
how  longi  thoughilshouklbe  togetatbuu- 
sand. 


Toq 


fn/r  High  Treaionm 


A.  D.  17M. 


[70ff 


Was  Mr.  Hardy  present  ?~He  was  present: 
it  ^&s  a  stranger;  he  asked  how  long  1 
thougfat  I  shotila  be  getting  a  thousand  gunH ; 
I  told  hifn  I  could  not  think  of  getting  so 
mauT  in  the  situation  that  I  was  in. 

Wliat  said  IJardv  to  it?— I  do  not  knotr 
that  he  made  any  reply. 

Was  any  thing  more  said  ?— They  said  they 
might  get  a  thoumnd  from  Sheflleld ;  I  said 
biicn  a  thing  might  be,  but  I  could  not  under- 
take any  thing  of  the  kind ;  there  as  far  as  I 
recollect,  the  conversation  ended. 

Gtorgc  Sundtrion  cxauuned  by  Mr.  Law. 

Where  do  you  live  ?— In  Butcher-row Tem- 
Me-bar. 

Yea  keep  a  public-house  there,  the  Bunch 
of  Grapes?— Yes. 

-  Have  YOU  e^-er  been  at  Spence's  witli  Nod- 
derr—YM. 

How  k)ng  a«*o  is  it  since  yon  first  went  to 
SbelmerdineVif  ever  you  were  there  ? — I  nnuft 
tefef  to  the  notes  I  have,  the  memorandum  I 
Made,  [itefers  to  his  memorandum.]  It 
was  the '2nd  of  April. 

What  was  the  occasion  of  your  going  there  ? 
—It  w«fl  to  decide  a  bet. 

Did  yo«  see  any  fire-arms  there } — T  did. 

Whom  did  they  belong  to  ?— They  belonged 
to  the  armed  so<iety. 

Where  were  they? — A\.  Shelmerdine's  in 
Ae  borough. 

What  is  Shelmerdine  ? — A  hatter. 

On  what  day  was  this? — ^Tlie  second  of 
April  in  the  evening. 

Oo  yon  know  of  how  many  persons  this 
Bfned  society  consisted  ? 

Lord  Chief  Justice  Kyre. — How  many  stand 
ef  arms  did  you  find  there  ?— I  did  not  take 
^uticular  notice,  there  might  be  seven  or 
eight  stand  of  arms  there. 

Of  how  many  persons  did  this  armed  so- 
ciety consist? — I  suppose  of  twenty-four  or 
twenty-five  members. 

Whetlier  all  the  persons  of  the  association 
were  members  of  the  London  Corresponding 
Society? — I  suppose  they  ^-ere,  because  they 
objected  to  my  beinn;  of  the  armed  assocla- 
tKMi  because  I  was  not  a  member  of  the  Lon- 
don Corresponding  Society.  I  was  made  a 
member  of  the  armed  society  upon  a  promise 
that  I  would  become  a  member  of  the  London 
C>orre?iponding  Society. 

Did  you  afterwards  become  so? — ^I  did. 

How  many  peri^ons  have  you  seen  at  any 
ene  time  togctncr  at  this  armed  society  ? — I 
think  when  I  first  met  them  at  Shelmerdine's 
there  might  be  twenty-four  or  twenty-five: 
they  did  not  all  meet  at  Shelmerdinc's ;  we 
■^Ijourned  to  another  place ;  it  was  supposed 
to  be  dangerous  to  meet  at  Shelmerdine  s;  the 
a^oumment  had  been  agreed  upon  before  I 
came  there ;  the  greater  part  of  the  arms  had 
keen  removed. 

Who  had  you  to  teach  you  the  military 
€kerri«>e  llhcrc  ?— We  dkl  not  exercise  there. 

Or  at  the  place  to  which  you  adjourned  ?— 

\OL.  XXIV. 


We  did  not  exercise  there,  we  only  adjoin^ed 
there  for  the  purpose  of  fixing  upon  a  prope 
place  to  exercise  in. 

What  was  the  house  to  which  they  did  ad- 
journ ? — I'he  house  was  in  Worcesier-street. 

Was  the  name  of  the  person  Day  ?— The 
same— we  went  up  stairs,  they  mentioned 
then  that  the  private  committee  of  the  armed 
society  had  fixed  upon  another  place  for  exer- 
cisini;. 

Where  did  that  private  committee  sit?— 
They  sat  with  the  rest. 

At  Day's  ?— Yes. 

What  were  those  places  where  you  were  to 
assemble  ?— One  was  at  Spence's,  the  other 
was  in  Westminster,  just  by  Tothil-fields 
Bridewell,  at  a  blacksmith's  stied. 

Did  you  assemble  with  others  at  any  time 
at  either  of  those  places.?— Yes,  1  pretty  con- 
stantly attended  them ;  I  went  to  Spence's 
first ;  we  met  once  or  twice  a  week. 

For  what  number  of  weeks  did  you  meet? 
— I  called  several  times  when  there  were  none 
there ;  it  was  the  14th  of  November,  I  think, 
I  first  of  all  went; — no ;  it  was  on  the  1 1th  of 
April,  the  first  time  I  went  to  Spence's  to  ex- 
ercise; I  continued  to  go  occasionally  to 
Spence's  till  May  the  1st. 

From  the  llth  of  April,  till  May,  you  con- 
tinued to  go  to  Spence's,  and  this  shed  in 
Westminster,  for  the  purposes  of  exercising  P 
—I  did. 

Who  was  the  person  that  generally  taught 
you?  —  Formerly  Williams;  and  Orr,  from 
the  llth  of  Apnl  till  May;  on  the  first  of 
May  I  took  away  my  gun. 

What  was  the  greatest  number  of  persons 
yon  mctt  at  either  of  those  places,  during  the 
period  you  have  mentioned  ? — I  do  not  Uiink 
we  ever  met  above  six. 

And  you  were  there  taught  the  militaiy  ex- 
ercise ? — Yes. 

W  hat  was  Orr  ? — I  believe  a  taylor.  I  have 
heard  so. 

Had  he  served  abroad  ?— He  mentioned  fre- 
quently in  conversation,  that  he  had  served 
against  the  alHed  armies. 

Was  he  a  member? — ^He  was  a  member  of 
the  Corresponding  Society;  he  had  served  in 
the  French  army,  from  his  own  account. 

You  were  not  at  first  admitted,  but  you  be- 
came afterwards  a  member  of  the  Corres- 
ponding Society  ?— I  did. 

What  was  the  reason  that  you  did  not  so 
afterwards  to  exercise  at  Shelmerdine*s?— He 
was  a  hatter,  and  frequently  chansed  his 
men ;  and  some  of  them,  they  observed,  might 
not  be  staunch  to  the  cause,  and  therefore  it 
mieht  be  hazardous. 

Lord  Chief  Justice  £vre.— Haxardoiis  to 
the  cause ;  to  what  cause  r— If  I  mig|ht  jialge 
from  the  conversation,  it  was  to  obtain  a  par- 
lianientiry  reform,  at  the  point  of  the 
bayonet. 

Lord  Chief  Justice  Eyre, — ^When  you  say, 
the  cause,  do  you  moan  the  cause  they  w«f t 
cngfigedin?^Yes. 

9  Z 


707]         35  GEORGE  III. 

Lord  Chief  Justice  Etfre.—You  were  in  an 
association,  and  had  articles  of  an  association? 
—I  never  saw  tlicm. 

Lord  Chief  Justice  Eyre.— Were  not  the 
articles  acted  upon  ? — Part  of  tliem  were ; 
that  we  were  to  pay  so  much  upon  admission; 
one  half  of  which  was  to  buy  amiD,  the  other 
to  defray  the  incidental  expenses  of  the  society. 
Mr.  Law. — Were  you  a  member  of  the  13th 
division? — I  was  admitted  a  member  the 
same  nin;ht  Mr.  Noddcr  was,  and  received  a 
similar  ticket. 

Did  that  meet  at  Robins*$  Coffee- house,  in 
Shire-Ianc  ? — Yes. 

Do  you  remember,  upon  the  Snl  of  May, 
any  member  jiving  an  account  of  the  time 
when  Mr.  Pitt  would  probably  he  at  the 
House  of  Commons  ? — Yes,  1  perfectly  well 
recollect  the  circumstance;  it  was  in  the 
month  of  May ;  I  do  not  recollect  the  night. 

What  was  the  conversation  that  passed  in 
the  pn^sence  of  those  members,  respecting  the 
circumstance  1  have  mentioned  ?— One  of  the 
members  pot  up,  and  said,  citizens- 

Mr.  Erskine. — ^Who  was  the  member? — ^I 
do  not  know. 

Mr.  Erskine, — I  submit  it  is  necessary  it 
should  appear,  that  he  was  a  member  of  tlie 
Corresponding  Society. 

Mr.  Law. — Was  it  a  member  of  the  divi- 
sion  ? — ^Yes,  at  this  meeting  none  were  ad- 
admitted  but  members. 

What  did  this  member  say  ?— Citizens,  Mr. 
Pitt  will  go  over — I  forget  which  of  the 
bridges,  but  he  mentioned  one  of  the  bridges, 
at  twelve  o'clock  at  nieht. 

Did  he  accompany  that  with  any  observa- 
tion ? — None ;  there  was  a  general  clap  upon 
the  table,  and  some  said  it  was  very  improper 
to  make  any  comments  upon  it. 

Was  any  thing  fartner  said,  at  what 
bridge  ?  —  They  mentioned  the  particular 
bridge,  and  on  what  occasion  he  would  be  de- 
tained till  twelve  o'clock  at  night ;  I  think  it 
was  Putney  bridge,  but  do  not  recollect  the 
bridge  to  a  certainty. 

Was  any  piece  of  good  news,  or  any  thing 
they  called  good  news,  announced,  at  that 
time,  by  one  of  the  members  ? — Yes ;  there 
was  some  good  news  announced  that  very 
ni";ht,  as  they  termed  it. 

What  was  it  ? — A  defeat  of  part  of  the  Bri- 
tish nrniy ;  I  do  not  recollect  what. 

Was  that  called  good  news?— It  was  gene- 
rally so  understood  by  the  society. 

Was  that,  so  described,  so  announced  ? — 
Yes. 

Do  you  recollect  any  thin":  beins  men- 
tioned, with  respect  to  any  of  tnc  king^s  mes- 
sengers ? — I  do. 

What  was  tliat?— That  he  had  the  pleasure 
to  inform  the  society,  that  I19, heard  one  of 
the  king's  messengers  bad  been  killed  10  the 
country. 

Do  you  r\ 
eiety  of  the  fu 
the  name '^^ 
coUer* 


Trial  of  Thmoi  Hardy 


[708 


Do  you  remember  any  obsenration  thai  a 
member  made,  respecting  any  of  hia  rela- 
tions ? — I  do  recollect  some  observations,  but 
cannot  recollect  the  exact  words ;  but  I  think 
he  said,  if  it  had  been  his  own  father,  or  his 
own  son,  he  should  be  glad,  if  he  met  with 
the  same  fate. 

Had  who  been?— The  messenger. 

Was  that  man  a  near  relation  of  any  of 
the  king's  messengers-?^!  do  not  know. 

Was  that  said  by  Higgins  ? — I  do  not  know; 
I  do  not  know  Higgins  personally. 

Was  any  tiling  mentioned^  by  way  of  cau- 
tion, to  the  members,  for  fear  of  spies? — It 
was  frequently  hinted  to  the  members  to  be 
cautious,  for  fear  of  spies ;  to  be  careful  whit 
they  said ;  for,  in  all  divisions  of  the  socie^, 
spies  from  the  treasury  would  creep  in. 

Do  you  remember  any  proposition  for  sub- 
dividing the  meetings  into  a  less  number  ?— 
Yes ;  it  was  a  proposal,  that,  as  they  might  be 
prevented  meeting  in  public  houses,  on  ac- 
count that  their  licences  might  be  taken  away, 
that  they  should  be  divided  into  tithings, 
that  they  might  meet  at  the  House  of  eveiy 
tenth  man. 

Lord  Chief  Justice  Eyre. — Was  that  youc. 
armed  society?  —  No;  the  London  Corres- 
ponding Society. 

Mr.  Law. — Was  the  proposition  acceded  to  9 
— It  was  deferred  for  furtlier  consideration. 

Was  there  any  mention  of  any  one  of  the 
committee  being  a  spy? — Not  in  particular 
that  1  recollect ;  there  was  some  one  alluded 
to,  but  I  did  not  understand  who  it  was. 

Was  any  thing  said  what  should  be  done,  if 
any  spy  was  discovered  among  you? — One 
member  observed,  he  should  not  regard  blow- 
ing any  spy's  brains  out,  if  he  discovered  him* 

You  had  a  musket? — Yes. 

From  whom  ? — Vrom  Williams. 

That  mubket  you  have  now  ? — No,  I  have 
not. 

George  Sanderson  cross-examined  by  Mr. 
Erskine. 

So  a  member  said,  he  would  not  care  for 
blowing  any  spy's  brains  out  ? — Yes. 

Were  not  yuu  a  little  afraid  when  you  heard 
that  ? — I  was. 

Oh  !  you  were  a  spy,  were  you  ? — I  was. 

What  was  that  paper  you  had  in  your  haiid, 
a  little  while  ago  ? — Merely  a  memorandum 
of  dates. 

I  am  glad  you  have  it;  we  will  go  to  work 
with  dates ;  I  like  a  paper  of  dates ;  you  will 
be  bound  by  it  ?— I  will  be  bound  by  it,  upon 
my  oath,  as  near  as  a  man  can  be  bound  to  a 
paper  of  dates. 

(Jn  what  night  was  it,  and  at  what  place, 
that  there  was  a  rejoicing,  that  there  was  a 
defeat  of  the  British  troops,  and  when  one  of 
the  members  said,  that  one  of  the  king's  mes- 
•engenhad  been  killed ;  and,  if  it  had  been  hia 

"^  (kther,  he  should  have  been  glad,  if  he 
tiviththe  aune  fate?^I  t&nkiiwaa 


709] 


Jor  High  Treasm* 


A.  D.  1794. 


[710 


Mr.  Erskine. — ^None  of  your  thinking,  when 
you  have  the  paper  in  your  hands ! — I  have 
not  a  memorandum  of  the  date.. 

What  date  have  you  taken,  good  Mr.  Spy  ? 
—I  do  not  think,  upon  such  an  occasion^ 
being  a  sp^  is  any  disgrace. 

Lord  Chief  Justice  Ei^re. — ^These  observa- 
tions are  more  proper  when  you  come  to  ad- 
dress the jury. 

Mr.  Attorney  General, — ^Really  that  is  not 
a  proper  way  to  examine  witnesses.  Lord 
Holt  held  strong  language  to  such  sort  of  au 
address  firom  a  counsel  to  a  witness,  who 
avowed  himself  a  spy. 

Mr.  Erskine, — I  am  sure  I  shall  always  pay 
that  attention  to  the  Court  which  is  due  from 
mc ;  but  I  am  not  to  be  told  by  the  attorney- 
general,  how  I  am  to  examine  a  witness. 

Mr.  Attorney  General.-^l  thought  you  had 
not  heard  his  lordship. 

Mr.  Erskine. — ^I  am  much  obliged  to  his 
lordship  for  the  admonition  he  gave  me.  I 
heard  his  lordship,  and  I  beard  you,  which  I 
should  not  have  heard. 

What  was  the  date  when  you  say  that  pass- 
ed, that  there  was  a  defeat  of  the  British 
troops,  and  somebody  said,  that  there  was  a 
messenger  killed  in  the  country,  and  he 
should  mive  been  glad  if  it  had  been  bis 
own  father? — When  first  I  was  introduced 
into  the  13th  division,  was  on  the  2l8t  of 
April,  on  a  Monday. 

When  was  it  you  heard  that  conversation, 
from  whence  you  collected,  that  the  reform  of 
parliament  was  to  be  carried  at  the  point  of 
the  bayonet?— That  was  mentioned  at  the 
armed  society. 

Have  you  got  any  date  for  that  ? — ^Yes ;  1 
never  was  there  but  once,  therefore  I  could 
not  make  an  error  in  that;  it  was  April  the 
2nd. 

At  what  place  ? — At  Day's. 

Where  is  Day's?— In  the  Borough,  near 
the  Grove ;  I  believe  it  is  called  Worcester- 
street. 

How  many  persons  were  present  at  that 
time? — Some  were  going  up  stairs,  and  some 
going  away ;  to  the  best  of  my  recollection 
there  might  be  twenty-two,  twenty-three,  or 
twenty. four ;  I  did  not  count  them,  as  I  never 
expected  to  be  called. 

You  must  have  expected  it  ? — I  had  every 
reason  to  suppose  1  should  not  be  called. 

I  wish  to  know  from  you,  whether,  from 
the  conversation  that  you  are  now  stating,  of 
obtaining  a  reform  of  parliament,  at  the  point 
of  the  bayonet,  whettier  you  collected  this 
from  one  person,  or  the  general  conversation 
of  the  whole  people  ?— It  seemed  to  be  the 
opinion  of  the  whole  company,  that  a  parlia- 
mentary reform  could  not  be  obtained,  but  at 
the  point  of  the  bayonet. 

And  you  collected,  that  it  was  their  inten- 
tion so  to  carry  it? — ^Yes;  from  their  general 
conversation. 

•  And  you  fix  that  conversation  to  the  Snd  of 
April;  at  this  place  ?— Yes. 


What  was  that  you  said  about  a  bet  ? — ^The 
reason  of  my  going  there  was  to  decide  a  bet ; 
that  was  the  way  I  first  came  to  go  there. 

And  you  lost  your  bet  ? — I  did. 

You  made  yourself  a  member  of  the  Cor* 
responding  Society  ?— I  did. 

And  took  those  notes? — I  did. 

Why  did  you  take  those  notes  ? — When  I 
once  discovered,  that  an  armed  society  of  this 
sort  existed,  which  I  thought  of  such  danger- 
ous tendency,  I  immediately  gave  notice  to 
the  secretary  of  state. 

How  long  after  you  had  lost  your  bet  ?— Be- 
tween two  and  three  days ;  but  1  mentioned 
it  before  that  bet  was  decided,  that^  if  I  lost 
ray  bet,  I  should  certainly  acquaint  the  se- 
cretary of  state. 

Should  you  know  the  faces  of  any  of  those 
persons? — I  should,  of  two  or  three  of  them. 

Should  you  know  more  of  thcni? — 1  do  nut 
think  I  should;  I  know  the  person  in  the. 
chair,  Orr. 

Was  Franklow  there  ?— He  was. 

Do  you  know  any  body  else  that  was  there? 
— I  think  Williams  was  there ;  but  1  did  not 
expect  to  see  such  a  thing;  I  was  very  much 
flurried  and  confused. 

Edward  Gosling  sworn. — Examined  Ly 
Mr.  Garraw, 

Have  you  been  for  any  time  a  meuiber  of 
the  London  Corresponding  Society? — I  be- 
came a  member  on  the  1.5th  of  April. 

What  April  do  you  speak  of? — April,  1794. 

Did  you  become  a  member,  in  consequence 
of  any  communication  between  you  and  any 
magistrate  of  the  country  ?— I  had  not  been 
directed  to  become  a  member,  in  consequence 
of  the  recommendation  of  any  magistrate  ;  I 
had  been  unexpectedly  proposed  by  Whit  tarn, 
and  a  magistrate  had  told  me,  if  another  per- 
son had  proposed  me.  I  should  become  a 
member. 

Had  you  communicated  with  any  magis- 
trate of  the  country,  before  you  communi- 
cated with  the  society  ? — Not  respecting  the 
Corresponding  Society. 

Who  was  the  person  that  first  introduced 
you  to  the  society  ?— John  Hillier. 

Did  you  make  application  to  him  first,  or 
he  to  you  ? — ^I  first  went  to  Hillier,  to  make 
some  inquiries  respecting  a  person  who  was  a 
member  of  that  society. 

What  led  you  to  go  to  Hillier  to  make 
that  inquiry.^ — From  seeing  publications  of 
that  nature,  and  I  was  informed  tliat  the  per>- 
son  respecting  whom  I  was  directed  to  make 
the  inquiry  was  a  member  of  the  Correspond- 
ing Society. 

Publications  of  what  nature  ? — From  seeing 
publications  in  Hillier's  shop  window,  which 
appeareil  to  me  to  be  of  a  seditious  nature. 

What  business  did  Hillier  carry  ou  ?— He 
sold  pamphlets. 

From  that  you  thought  it  likely  Ive  n(«&<^ 
member  of  Uift«K,\el^^\i>M\^  v^^'^^  ^wv.\t^ 
formation,  lViweV>e\ti%wim'&ttVMv^v&x^'*»NR^ 
to  inquire  a\)g\x\^— \eii» 


ril]         35  GEORGE  Itl. 

When  did  you  first  make  your  application 
to  HiilierP— I  believe  towards  the  end  of 
March,  or  the  beginning  of  April. 

For  what  purpose  did  you  become  a  member 
of  the  Corresponding  Society?-— On  the  14th 
of  April  when  I  first  became  a  member,  I  was 
unexpectedly  proposed,  on  the  day  following 
J  infonned  Mr.  Wickham  that  I  haid  done  so. 

What  passed  between  you  and  the  magis* 
trate  is  not  evidence,  but  in  consequence  of 
what  passed  between  you  and  him,  why  did 
you  attend  the  meeting  P — ^To  discover  whe- 
ther they  had  any  serious  intentions  of 
arming. 

You  have  stated  that  you  communicated 
flomethinff  upon  the  subject,  to  Mr.  Wick- 
ham ?—  \  es. 

Was  it  with  his  approbation  tliat  you  at- 
tended  the  meeting  for  the  purpose  you  havo 
now  slated  i*— It  was. 

Did  you  from  time  to  time  communicate  to 
Mr.  Wickham  such  facts  as  came  to  your 
knowledge? — I  did. 

And  went  there  for  the  express  purpose  of 
procuring  information,  and  giving  it?-— I  did. 

When  were  you  first  introduct^  ?— On  the 
15th  of  April  1794. 

At  what  division  ?• --Division  No.  11. 

Meeting  at  what  place? — Northampton - 
street,  (JltTkenwclI ;  I  do  not  recollect  the  sign 
lightly,  hut  ttie  matrsname  was  Holt. 

Did  liillicr  introduce  you  ? — Yes. 

Whsit  numlicr  of  persons  were  present  at 
thatm:'eting?---I  cannot  exactly  tell,  there 
might  be  about  thirty. 

Did  any  thing  material  pass  at  that  meet- 
ing?— There  was  some  conversation  about 
tiie  proceedings  at  Chalk  Farm. 

Had  the  meeting  tlien  at  Chaik  Farm  taken 
ylace? — ^T his  was  the  day  after  the  meeting 
had  hot n  at  Chalk  Farm. 

What  passed  with  respect  to  the  meeting 
which  had  been  had  at  Chalk  Farm?— The 
conversation  turned  that  night  principally 
upon  that,  and  some  were  talkmg  tnat  it  was 
pece>Jsary  to  arm  to  protect  the  convention, 
in  the  same  manner  as  they  had  in  France ; 
I  heard  some  present  talking  in  consequence  of 
a  convention  having  been  Ulked  of  at  Chalk 
Farm  that  it  would  be  necessary  to  arm  to 
d«:fend  that  convention  the  .same  as  they  had 
done  to  protect  the  Convention  in  France  ;  I 
think  it  is  proper  to  say  tliat  their  minds 
appeared  at  that  time  to  he  \'ery  much  heated 
from  wliat  had  passed  at  Chalk  Farm,  and 
therefore  from  that  circumstance  I  did  not 
tliink  so  much  of  their  being  serious. 

Do  you  mean  that  they  were  heated  with 
liquor? — No,  not  with  liquor. 

What  was    described  to    have  passed  at  ; 
Chalk  Farm  that  should  so  have  heated  their 
spirits? "-There  were  a  number  of  resolu- 
tions passed. 

Do  you  recollect  any  of  those  resolutions? 
— Yes,  I  rememlier  one  resolution,  I  am  re- 
member some  circuBifttances  which  occurred 
at  Chalk  farm. 


Trial  of  Thomas  Hardy  [7 12 

That  were  stated  to  have  occurred  there— 
you  were  not  there  ? — ^I  was  at  Chalk  Fam. 

Then  you  were  there  before  you  became  a 
m€ml>er  ?— Yes. 

State  any  circumstances  that  occurred  at 
Chalk  Farm,  particularly  such  as  were  men* 
tk)ned  in  this  meeting  of  the  division  the 
night  afler  ?— There  were  a  number  of  reioliH 
tions  read  which  I  cannot  repeat ;  but  one  of 
them  concluded  with  the  wwds,  brought  the 
head  of  Charles  the  First  to  the  bkick,  and 
sent  James  the  Second  from  the  throne; 
then  a  man,  whose  name  I  understood  was 
Birks,  shouted.  I  remember  a  person,  whose 
name  I  was  told  was  Richter,  mentioned  that 
he  had  received  a  letter  from  Sheliieldp  I  think, 
but  am  not  positive  to  the  place,  that  a  mat 
number  of  persons  had  met  there,  ana  that 
tliey  were  determined  to  petition  parliament 
no  more  for  a  reform;  that  a  conventioQ 
was  intended  to  be  called,  and  that,  I  think, 
he  said  it  was  to  take  place  in  about  sis  wieeks» 
or  a  shorter  time,  1  cannot  recollect  the 
positive  words. 

Upon  Birks's  shouting  was  any  observatran 
made  by  any  persons  present  at  Chalk  Farm  ? 
—Some  persons  said  that  they  thought  hold- 
inc^up  their  hands  was  sufficieDt;  this  man 
called  out,  that  he  wished  to  be  heard  at  SL 
James's. 

Do  you  remember  Mr.  Thelwall  being 
there?— There  was  a  person  tlierc  whoee 
name  I  was  told  was  Thelwall,  whom  I  never 
saw  before  nor  since. 

Did  that  person  uke  any  part  in  the  con- 
versation and  debate  that  was  going  forward? 
— Yes,  he  spoke  several  times. 

Do  you  recollect  any  particular  expreasion 
that  struck  you  that  he  made  use  of  ?<— ^Some« 
thing  that  Mr.  Dundas  had  threatened  to 
bring  the  Scotch  laws  into  England,  and  if 
they  attempted  it,  they  must  repel  force  by 
force,  or  something  of  that  sort. 

Do  you  recollect  what  particular  subject 
respecting  the  Scotch  laws  was  the  subject  of 
conversation?—!  believe  it  related  to  some 
persons  that  were  tried. 

What  was  the  expression  used? — ^That 
in^imous  and  ever  to  be  detested  Court  of 
Justiciary  in  Scotland. 

Do  you  recollect  the  remainder  of  that 
sentence  ? — I  cannot  say  I  have  a  positive 
recollection  ;  I  mad^no  minutes  at  the  time. 

Lord  Chief  Justice  Eyre. — You  have  better 
evidence  1  suppose  of  tlie  resolutions,  than  of 
the  conversation  ? 

Mr.  C/afTov. — Was  there  any  direction  as 
to  the  printin^^  any  number  of  copies  ol'  the 
proceeaings  oi  the  day  ? — I  think  the  number 
that  was  ordered  to  be  printed  was  two  hun- 
dred thousand.— i  cannot  say,  whether  one 
or  two  hundred  thousand  copies  of  the  rctoki- 
tbns,  if  they  should  be  wanteii. 

Which  was  the  nest  meeting  of  the  divisioo 
that  you  were  at  after  wards?— On  the  Monday 
fuUowhig  I  WH  at  the  BOdftng  ^  aMther 
diviuon.  '..-..,. 


713]  for  High  Treaion. 

Where  was  that  ?— At  the  houae  of  one 
Morrif,  a  jack-maker,  in  Brick-lane. 

What  division  was  that? — I  bttUeve  they 
call  it  sixteen  and  twenty-five. 

Did  any  thins  material  pass  at  that  time  ? 
—I  do  not  recollect  any  thmg  particular,  any 
farther  than  ductor  Hodson  was  recommended 
by  the  committee  to  be  relieved. 

Where  was  he  at  that  time,  and  what  was 
the  purpose  for  which  he  was  to  be  relieved  ? 
— Tnere  was  no  particular  purpose  stated, 
only  he  was  rcconiiuended  for  rehef. 

Did  you  go  with  Hillier  next  day  to  see 
doctor  Hodson  ^-I  did. 

Where  did  you  go  to  ?— To  Neweate. 

Whom  were  }'ou  introduced  to  there  ?— To 
doctor  Hodson. 

Did  Hillier  go  with  you?— Yes. 

Was  there  any  other  person  there  besides 
doctor  Hodson? — Yes,  one  Uoyd,  Roussel  a 
FrencfamaO;  and  a  captain  WilliamSy  an  Ame- 
rican. 

Hillier  was  likewise  there  ?— Yes. 

Be  so  good  as  teU  us  what  the  nature  of 
tlie  conversation  was  there  in  the  presence 
of  Hillier,  he  being  one  of  the  parties  f— 
The  principal  conversation  that  I  had  was 
with  doctor  Hodson. 

Was  it  in  the  presence  of  Hillier  ?— He  was 
there  ;  all  those  persons  were  present ;  the 
most  material  conversation  that  passed  then 
was  from  doctor  Hodson ;  he  asked  me  if  I 
bad  seen  a  copy  of  tiie  new  constitution,  I 
told  him  I  was  but  a  young  member,  and  did 
not  know  any  thing  of  it ;  he  then  informed 
me  that  there  was  a  very  clever  one  coming 
out;  the  society  was  to  be  divided  intodivi- 
sions,  and  into  small  divisions,  that  the  pur- 
pose of  tliat  was  for  the  convenience  of  learn- 
ing the  use  of  arms,  at  each  other's  houses. 

What  more  passed  at  that  time? 

[The  witness  refers  to  a  paper.] 

Lord  Chief  Baron  Macdonuld.'-^J>id  you 
make  that  memorandum  at  the  time  ? — ^I  did ; 
be  informed  me  that  those  divisions  were  to 
be  called  ti things ;  and  that  the  purpose  of 
them  was  likewise  to  keep  spies  from  getting 
among  them,  and  betraymg  their  intention ; 
he  likewise  stated,  that  their  numbers  were 
increasing,  and  that  they  would  soon  be  too 
ibimidable  to  be  resisted.  I  made  an  obser- 
vation, that  I  did  not  think,  from  what  I  had 
seen  in  the  society,  that  they  appeared  to  be 
men  of  property,  to  have  money  to  effect  any 
thing,  upon  which  a  Frenchman,  who  ^^% 
there,  got  up  and  said,  when  the  society  was 
organized,  money  should  nut  be  wanting. 

Wat  this  Roussel  that  you  have  mentioned? 
-Yea. 

Did  an^  thing  more  material  pass  at  that 
time  7-^1  here  were  some  toasto  given,  one  of 
which  was  given  by  Lloyd;  the  toast  was, 
"Th^  Worlda  UepubUc  or  a  Desert :"  doctor 
HndBon  said,  he  hoped  soon  to  see  a  revolu- 
Uooary  tribunal  established  in  this  country, 
fcr  te  despised  all  others. 


A.  D-  1704. 


[714 


He  was  then  suiiering  under  the  sentence 
of  the  law,  I  lielievc  ?— Yes. 

This  was  said  still  m  tlie  presence  of  Ilil- 
lier  ? — Yes. 

Was  any  thing  more  said  at  that  meeting 
that  was  material  ?— Roussel  said  he  was 
going  from  there  to  Thelwairs,  and  he  should 
set  off  the  next  day.  Lloyd  asked  liim,  for 
the  continent,  he  answered,  oui.  Hillier  asked 
to  France,  he  answered,  yes. 

When  Hillier  invited  you  to  eo  to  Newgate 
to  see  those  persons,  who  did  he  ask  you  to 
go  and  see?— The  persecuted  patriots. 

Is  Mr.  Lloyd  confined  upon  any  sentence 
upon  a  criminal  prosecution  ?— I  do  not  know; 
Lloyd  was  part  of  the  time  writing;  I  heard 
he  was  a  prisoner,  but  for  what  I  do  not  know. 

When  was  the  next  meeting  of  the  divi- 
sion ? — I  tiiink  it  was  the  same  evening  I  was 
at  the  division  to  which  I  belonged. 

Which  was  that  ?— The  ekventli. 

Who  were  the  persons  that  were  present 
there?— One  Wright  a  delegate,  and  Gordon 
who  was  secretary,  and  about  thirty-six  other 
persons,  I  believe. 

Thb  meeting  was,  I  believe,  at  the  Hope, 
in  Northampton-street,  upon  the  S2d  of 
April?— Yes. 

Who  was  the  delegate  at  that  meeting? — 
Ilis  name  was  Wright. 

Do  you  recollect  any  conversation  of 
Wright's  in  the  society,  upon  the  subject  of 
arms?— After  the  society  bad  broke  up  we 
were  coming  away ;  Wright  asked  iqo  if  I 
had  got  any  arms,  I  told  him  no ;  he  said  be 
had  got  his  musket,  and  that  it  was  necessary 
that  we  should  all  have  arms,  as  we  might 
very  soon  be  compelled  to  u»c  tliem. 

Was  that  said  as  well  in  the  hearing  of 
other  members  as  yourself?  —  Yes;  the 
secretary  suted,  that  he  was  very  sorry  to  leave 
the  society  just  as  they  were  going  to  act  as 
well  as  think,  and  to  regenerate  their  country. 

Who  was  their  secretary  ?— His  name  was 
Gordon,  he  was  going  to  America ;  he  said 
he  should  lake  some  copies  of  their  spirited 
resolutions  to  the  popular  societies  there. 

Did  you  hear  any  observations  upon  the 
subject  of  arming  from  Hillier,  or  any  other 
member  of  the  society  besides  Wright,  the 
delegate? — Hillier  said,  he  had  nut  got  a 
musket,  but  he  had  got  a  pike. 

Do  vou  remember  being  present  at  any  time 
at  Hillier*s  in  the  same  mouth  of  April,  on  the 
tf6th  of  April?— On  the  S5th  of  April  I  was 
at  Hillier*s ;  there  were  present  a  person 
whose  name  I  attcrwards  was  told  was 
Wiekiiif. 

Where  is  Hillier's  house  i*— No.  80  or  81, 
Bishupsn;ate-strect ;  1  was  lold  his  name 
afterwaids  was  a  Mr.  liicktlif^  and  two  other 
persons,  one  of  whom  appeared  much  in 
liquor,  the  rest  were  sober,  and  there  was  a 
man  of  tlie  name  of  Bemiett,  the  seprelary  to 
the  16th  aud  5th  divisions. 

Was  there  a  person  there  who  was  a  mercer 
by  business  f  — Yes,  that  was  Bennett 


715] 


S5  GEORGE  111. 


Trial  of  Thomas  Hardy 


[716 


Were  there  same  otner  persons  present  ? 
— ^Thcre  were  those  I  have  stated ;  Uiiiier  was 
present ;  the  conversation  was  begun  by  this 
person,  whose  name  Hillier  informed  me  was 
Wicksly ;  he  said  he  had  received  a  letter 
from  Sheffield,  which  informed  him  that 
liiey  had  a  numerous  meeting,  and  had  deter- 
mined to  petition  no  more  for  a  parliamentary 
reform;  he  likewise  said,  that  this  letter  con- 
tained the  drawing  of  some  knives  which 
were  making  there,  of  a  particular  construc- 
tion, for  cuttmg  of  reins ;  the  letter  contained 
a  drawing,  with  this  observation — tiiese  are 
the  instruments  we!  shall  soon  use. 

What  were  they  stated  to  be  lbr?--To  be 
fixed  against  the  end  of  poles,  and  to  be  used 
against  the  military. 

What  were  the  knives  for? — For  cutting 
the  reins. 

Cutting  the  reins  of  what  ? — I  do  not  recol- 
lect whether  he  particularly  explained  that. 

It  was  stated  that  those  instruments  were 
to  act  against  the  military?— -Yes. 

Do  you  mean  stated  in  terms,  or  that  you 
collected  thatP-'-It  was  stated  in  terms;  it 
was  farther  said,  the  principal  dependance  of 
the  society  was  in  securing  the  royal  family, 
and  both  Houses  of  parliament. 
■  One  of  the  JMry.«— What  date  was  this  ?— 
On  the  26th  of  April ;  he  farther  said,  if  they 
cuuld  resist  the  first  shock,  there  would  be  nu 
danger  to  be  apprehended  afterwards. 

If  who  could  resist  the  iirst  shock  ?— I  con- 
sidered it  to  be  the  members  of  the  different 
societies ;  if  they  could  resist  the  first  shock 
from  tlic  army,  that  tliere  would  be  no  fear 
afterwards. 

Did  Ihcy  give  any  reason  why  I  he  first  shock 
being  resisted,  there  would  he*  no  fear  afler- 
wards  ? — They  said  the  royal  family  bcinu;  se- 
cured, the  army  would  have  no  head  to  Took 
up  to,  imd  would  be  «»lad  to  accept  the  addi- 
tional pay  that  would  oc  offered  them. 

Whum  was  that  additional  pay  to  be  offered 
by? — I  understood  by  the  societies. 

Do  you  remember  any  observation  that 
Hillier  made  upon  that  additional  pay  being 
oflcred  to  the  army  with  respect  to  the  com- 
parison of  sixpence  a-day  with  any  other  sum  ? 
—There  was  something  said,  1  believe  it  was 
eighteen- pence ;  that  llie  men  would  not  light 
for  sixpence  a-day  if  they  could  have  eighteen 
pence — I  think  it  was,  but  I  am  not  positive 
to  the  sum. 

Whether  any  of  the  persons  present  at  the 
time  that  these  observations  were  made,  and 
these  tarts  stated,  made  any  objection  to 
them? — None:  but  1  think  it  is  proper  to 
state  that  one  person  was  very  much  in  liquor, 
and  took  no  part  in  that  conversation. 

Those  who  conversed  were  not  in  liquor  ?— 
No. 

Those  to  whom  the  observations  were  ad- 
dressed, except  the  one  who  took  no  part, 
were  tliey  sulier  ? — Perfectly  sober. 

Did  any  one  make  any  observaticm  that  had 
a  tendency  to  repress  this  conversatioa  ?— »Oae 


of  them,  Bennett,  went  out  with  me  into  the 
street,  and  his  conversation  was  so  violent, 
and  he  spoke  so  loud,  that  I  was  obH^ed  to 
check  him,  and  told  him  the  people  m  the 
street  were  hearing  him. 

Do  you  know  a  person  of  the  name  of  Bax- 
ter ?— I  do. 

Was  he  a  member  of  the  London  Corres« 
ponding  Society  ? — I  have  seen  him  at  di- 
vbions. 

At  other  times  since  that,  have  you  heard 
any  observation  from  Hillier  or  Baxter,  upon 
the  subject  of  arming?— On  the  9th  of  Mav 
was  the  most  material  conversation  I  had  with 
Baxter,  that  was  at  Hillier's  house ;  he  said 
he  had  been  with  an  officer  who  had  been 
lately 

Who  were  the  persons  present  besides  Bax- 
ter?—Baxter,  this  Bennet,  Hillier,  a  man 
whose  name  I  was  told  was  Hill,  and  some 
other  persons,  whose  names  I  do  not  know, 
were  present  during  a  part  of  this  conversa- 
tion ;  Baxter  stated,  that  he  had  been  with 
Mr.  Joyce,  who  was  secretary  to  earl  Stan- 
hope :  Mr.  Joyce  told  him  there  was  no  dan- 
fer  to  be  apprehended  from  Stone,  that  Stone 
ad  too  much  firmness  to  let  them  get  any 
thing  out  of  him  by  intimidation. 

\vhom  were  you  speaking  of  by  the  name  of 
Stone? — A  person  I  understood  who  was 
confined  in  Newgate. 

Did  you  understand  he  had  been  examined 
before  his  maj.esty's  privy  council? — I  un- 
derstood that  he  was  committed  upon  a 
charge  of  high  treason ;  we  had  some  con- 
versation about  Hamilton  Rowan's  escape  ; 
he  said,  carl  Stanhope's  "Speech  was  to  be 
printed,  with  an  addition,  which  was  to  be 
very  cautiously  put  in ;  he  said,  the  committee 
of  correspondence  and  co-operation  were  pre- 
paring an  address  to  the  army,  with  some 
strong  resolutions  ;  he  said,  that  prudent  and 
determined  men  were  wanted  to  propagate  the 
opinions  contained  in  those  resolutions. 

Were  they  wanted  to  propagate  them  J* — 
He  stated,  that  one  Moore  hadheen  particu- 
larly active  an'l  successful  in  getting  over  the 
army. 

Did  he  tell  you  what  description  of  the 
army  he  had  been  more  successful  with 
than  the  other  ? — He  «aid,  they  liad  most 
to  fear  from  the  young  recruits ;  they  had  suc- 
ceeded best  with  the  old  soldiers  in  West* 
minster  ;  he  said,  if  one- third  of  the  army 
was  got  over,  the  other  two- thirds  would  not 
act  with  spirit  against  them ;  he  then  asked 
me  if  I  knew  any  person  who  would  buy  a 
pike. 

Whom  are  you  speaking  of  now  ? — Itextcr. 

Lord  Chief  Justice  Ei/rc.— Who  was  it  said 
all  this  ? — Baxter. 

Mr.  Garrow, — Did  he  mention  any  thin 
with  respect  to  his  interview  with  the  otHcers  ? 
— Yes,  he  said  that  the  officers  had  made  use 
of  an  expression  not  fit  to  be  repeated,  and 
asked  him  why  he  did  nut  blow  them  all  up 
together ;  he  said  the  officer  bad  been  lately 
presented  to  the  queen  upon  his  promotion. 


717] 


f^  High  Treaion. 


A.  D.  1794. 


[718 


You  think  it  an  indecent  expression  ?— -It  is 
as  applied  to  such  a  person  as  him  ;  he  said, 
that  the  officer  had  asked  Baxter  why  they 
did  not  blow  up  the  whole  family  together  ; 
he  then  asked  mc  if  I  knew  any  friends  who 
would  purcliase  a  pike ;  I  said  I  sliould  have 
no  objection  to  purchase  one,  but  that  it 
would  be  of  no  use  unless  I  knew  how  to  use 
it ;  he  said,  if  I  went  either  the  Thursday  or 
the  Friday  following,  and  made  use  of  his 
name  at  the  sign  of  tlie  Parrot,  in  Green-Ar- 
bour-court  in  the  Old-Bailey ;  I  was  to  ask 
for  one  Edwards,  tliat  he  would  be  called  out 
to  me,  and  I  was  then  to  tell  liim  that  Baxter 
had  sent  me,  and  then  I  was  to  have  a  pike, 
and  I  should  be  introduced  to  others,  who 
would  learn  the  use  of  them  with  me,  and  that 
Edwards  was  ver^'  clever  at  the  use  of  it,  and 
would  assist  us  m  learning ;  be  stated,  that 
p'dces  were  much  cheaper  tnai^  muskets,  and 
that  it  would  be  impossible  for  the  number  to 
procure  muskets  on  account  of  the.  expense. 
There  is  another  cicumstance,  he  stated,  that 
persons  with  muskets  might  do  a  great  deal 
of  mischief  if  they  did  not  know  properly  the 
use  of  them  :  I  made  an  observation,  that  I 
thought  we  might  have  a  reform  in  narliaraent 
without  coming  to  blows ;  he  said,  is  there 
one  man  in  the  society  who  believes  a  parlia- 
mentary reform  is  all  we  want— no,  not  one ; 
he  said,  that  many  men  of  property  had  hi- 
therto kept  back  on  account  of  tne  sanguinary 
conduct  of  the  French,  but  that  they  were 
now  willing  to  come  forward,  as  they  were 
convinced  that  a  revolution  might  be  effected 
in  a  few  hours ;  he  said,  for  his  own  part,  he 
did  not  wish  the  king,  or  any  of  his  family,  to 
k>se  their  lives,  but  he  thought  they  mig;ht  go 
to  Hanover ;  he  said,  it  must  be  expected  tluit 
some  blood  must  be  shed:  some  particular 
persons  had  offered  such  insults  to  the  people, 
that  human  nature  could  not  overlook  ;  the 
conversation  afterwards  turned  relative  to 
Thelwairs  having  been  indicted,  in  which 
there  was  nothing  very  material. 

Was  liillier  present  during  tlie  whole  of  this 
conversation  of  Ikixtcr  ? — Yes. 

Was  it  pronounced  in  a  way  in  which  every 
person  might  hear  ? — ^They  might;  but  I  did 
not  pay  much  attention  to  any  thing  tliat  fell 
from  him,  from  this  circumstance — that  Bax- 
ter was  one  of  the  coranuttce  of  correspon- 
dence and  co-operation;  I  thought  I  should  ob- 
tain must  infurmation  from  his  conversation, 
there ture  I  attended  more  to  him. 

Did  lie  state  whether  any,  and  what  num- 
ber of  pikes  were  ready  at  tiial  time,  at  any 
pluc  ? — lie  said,  that  many  thousand  were 
makiug  at  Sheffield,  tliat  tlie  heads  were  only 
to  cume  from  there,  but  that  they  were  to  be 
stocked  in  town. 

Did  he  give  any  caution  with  respect  to  coo- 
versir.j^  in  the  division-mcctinj^,  respecting 
theptkij,  at  that  time?— He  recommended 
thaliiuiiiiii^'  lif  tliat  should  be  mentioned  at 
toy  uf  lliu  \1< vision-meetings^  till  the  new con- 
stouUou  aiAouU  be  adopted. 


The  new  constitution  of  the  society  ?— Yes, 
of  the  society. 

Did  he  give  any  reason  for  the  necessity  of 
that  caution? — Yes,  he  said,  because  there 
were  spies  in  tlie  society. 

Was  there  any  thing  said  in  the  course  of 
this  conversation  with  respect  to  the  French 
emigrants  ? — It  was  stated  by  Baxter,  tliat  it 
would  be  adviscablc  to  let  Uiose  who  were 
prisoners  out,  and, .  if  the  Frendi  emigrants 
attempted  to  resist,  they  should  share  the  fate 
of  spies  at  Paris. 

\VhatprisonerB?— The  French  prisoners  of 
war. 

Did  he  name  any  of  those  persons  who  had 
offered  such  insults  to  the  people  that  human 
nature  could  not  overlook? — He  named  se- 
veral, I  cannot  recollect  all ;  Mr.  Pitt  was  one, 
Mr.  Dundas  another,  and  Mr.  Reeves. 

And  other  persons?— 'Yes. 

In  the  course  of  that  evening  did  you  return 
to  your  home  in  company  with  Baxter  ? — I 
went  part  of  the  way  home  with  Baxter. 

Did  he,  in  the  course  of  your  going  home, 
enlarge  upon  any  of  the  subjects  you  had  been 
conversing  about? — I  unocrstood  that  the 
purpose  of  their  address  to  the  army  was,  to 
excite  a  jealousy  between  our  troops  and  the  . 
French  emigrants,  which  were  forming  into 
regiments ;  lie  stated  the  means  that  Moore 
hm  used  to  get  over  some  of  the  army  ;  that 
he  had  told  uiem  that  by  their  oath  they  were 
to  light  for  their  king  and  country,  but  when 
the  king  and  country  were  at  variance, 
they  had  a  right  to  fight  on  which  side  they 
pleased. 

Did  he  state  to  you  any  of  the  other  argu- 
ments that  Moore  had  used  with  the  army  ?— 
He  recommended  that  I  should  mix  with 
them,  treat  them  with  beer,  and  enlarge  upon 
the  severity  of  their  usage  and  the  smallness 
of  their  pay ;  but  I  must  first  sound  their 
principles,  and  if  I  found  them  aristocrats, 
then  I  must  not  go  on. 

In  tlie  course  of  the  evening,  when  this 
conversation  was  had,  was  Hillier's  pike  pro- 
duced ? — I  do  not  recollect  that  it  was. 

Was  it  produced  at  any  time  when  any  of 
those  persons  were  present  with  you?--It 
was  produced  aflcr  tliat,  at  another  meeting, 
on  the  iCth  of  May. 

Where  was  tliat  mccling  at  ?— At  Hillier's. 

This  is  not  a  division  meeting,  but  the 
meeting  of  sonio  few  members  ? — Yes. 

Who  were  the  persons  present  upon  the 
16tli  ? — I  believe  J  am  wrung  in  point  uf  date; 
it  was  on  the  17  th  of  May. 

Mr.  Garrow, — The  altorney-general  sug- 
gests to  me,  whethei  it  is  possible  that  I 
should  go  luto  any  examination  respecting 
facts  which  took  place  after  Uie  prisoner  was 
in  custody  ? 

Lord  Chief  Baron  iUrzcJunaR— When  was 
he  taken  up  f 

Mr  Garrow.-^\\  the  13th  of  May. 

Lord  Chief  Justice  fyr^.—No^  I  think  it 
would  not  be  proper. 


719] 


35  GEORGE  III. 


Trial  tf  Thomat  Hardy 


t7« 


Mr.  Garram. — Then  we  do  not  wish  to 
examine  as  to  any  facts  which  have  happened 
bubse«]uent ;  I  have  at  present  confined  my 
examination  to  facts  prior  to  his  being  taken 
into  custody.  Do  you  recollect  the  circum- 
stance  of  Mr.  Hardy's  being  appreiiended  ? — 
I  do. 

Had  you  any  conversation  with  respect  to 
admission  to  the  House  of  Commons?  If 
that  was  aAer  Hardy  was  apprehended,  I  do 
not  inquire  into  it  ? — It  was  after. 

Do  you  remember  a  paper  being  distributed 
with  respect  to  the  Ins  and  the  Outs  ? — I  do. 

Where  was  that  distributed  ?  —  At  the 
meeting  at  the  Coach  and  Horses,  in  Hattoo- 
garden. 

Was  that  before  Mr.  Hardy  was  appre- 
hended P— It  was  after  the  apprehension  of 
Mr.  Hardy. 

With  respect  to  all  these  circumstances  that 
ypu  collected  from  time  to  time,  you  commu- 
nicated them  to  Mr.  Wickham,  the  nragi»- 
trate,  and  with  his  approbation  attended  these 
meetings  ?— I  did. 

And  attended  them  for  the  express  purpose 
of  giving  tliis  information  f — I  did.  ' 

Edward    GosUug    cross- esuimined    by    Mr. 
Erskiue. 

What  is  vour  christian  name  ? — Edward. 

Edward  Gosling  ? — ^Ycs. 
■  Are  your  father  and  mother  living  ? — Yes. 

What  are  you  by  employment  or  trade  .^— 
At  present  I  am  employed  by  Mr.  Wick  ham. 

I  am  not  calling  yon  to  an  account  for  any 
general  employment,  if  you  are  un  honest 
man  in  the  execution  of  it;  do  you  mean 
employed  in  this  business  ?  —  Yes,  and  in 
writing  too ;  I  was  employed  before  this  bu- 
siness by  Mr.  Colquhoun,  m  writing. 

What  sort  of  writing? — Both  in  bis  private 
business  and  on  his  public  business. 

Mr.  Colquhoun  is  an  attorney,  is  he  .>— No, 
a  magistrate  in  Worship-street. 

When  did  you  begin  writing  for  him? — 
About  September  last,  but  that  was  only  oc- 
casionally. 

What  way  of  life  had  you  been  in  before 
thai? — Before  that  I  kept  a  broker's  shop. 

Were  you  a  dealer  in  naval  stores ;  I  am 
not  asking  any  question  yon  can  object  to ; 
were  you  a  dealer  in  naval  stores  ? — I  never 
in  my  life,  upon  my  oath,  to  my  knowlwlge, 
bought  a  store  that  ever  was  the  property  of 
his  majesty,  if  that  is  what  you  mean. 

Mr.  Enkine.-^i  should  have  no  right  to 
ask  that  question. — I  know  the  reason  for 
which  it  was  put;  and  it  is  a  question  which, 
if  I  was  notconscious  of  my  innocence,  I  had 
IK)  right  to  answer,  but  as  I  knew  I  could  safely 
do  it,  I  thought  it  proper  to  answer. 

Then,  pcrnaps,  you  liave  never  said  to  any 
body  the  direct  contrary  of  what  you  are  say- 
ing now  to  me  ?— I  did  say  the  direct  con- 
trary ;  I  was  asked  by  Mr.  Worship,  when  I 
went  to  buy  a  iirint,  what  I  was?  aadwfaal 
my  address  was  r  as  1  conceived  he  wodttaot 


let  me  have  the  print  if  I  told  him  I  was  with 
a  magistrate,  I  told  him  I  dealt  m  nral 
stores. 

Did  you  never  say  to  any  body  that  yoa 
dealt  in  naval  stores,  and  that  yon  shouM 
think  no  more  of  cheating  the  king  than  of 

fillotineing  him  ?— Never  to  my  knowledge; 
will  swear  positively,  I  never  mentioned 
the  word  guillolineing  the  king. 

Did  you  never  say  to  any  body,  upon  your 
oath,  that  you  lived  by  smuggling,  and  cheat- 
ing the  king  in  his  stores  ?— Never  upon  my 
oath. 

Have  you  always  gone  by  the  name  of 
Gosline?— I  have  not;  and  as  means  were 
yesterday  used  to  deter  me  from  giving  evi- 
dence, I  am  willing  to  explain  them,  and  am 
willing  to  explain  why  I  went  by  another 
name ;  as  I  find  every  advantage  is  wished  to 
be  taken  of  me,  I  tnist  the  mercy  of  the  Court 
will  not  sufier  any  improper  question  to  be 
put  to  roe. 

Lord  Chief  Justice  Eyre. — As  to  any  ques- 
tion which  lends  to  accuse  you  of  any  crime, 
not  immediately  connected  with  this  matter, 
I  will  protect  you ;  but  at  the  same  time  keep 
your  temper,  attend  to  the  question,  and  give 
a  direct  answer. 

Mr.  Er thine. — ^I  have  treated  yon  witb  ei- 
^lity  I  am  sure.— -Did  you  ever  go  by  the 
name  of  Douglas  ? — I  did 

When  did  you  first  assume  the  name  of 
Dooglas.^-^I  believe  as  muc^  as  ten  years 
since. 

How  long  did  you  continue  the  name  of 
Douglas  ? 

Gosling.^l  would  wish  to  relate  thecir* 
cumstances  under  which  I  took  tl»t  name. 

Lord  Chief  Justice  Eyrt^ — You  had  better 
answer  the  question. 

I  carried  on  the  business  of  a  hair- dresser 
in  that  name,  for  I  believe  pretty  near  seven 
years. 

Where  did  you  reside  ?— In  Westminster. 

Where  in  Westminster  ?*-In  Petty  France, 
No.  3. 

When  did  you  first  come  to  live  in  Petty 
France,  No.  3,  as  a  hair-dresser,  by  the  name 
of  Douglas?— It  is  about  ten  years  since;  I 
do  not  know  that  I  could  state  exactly  the 
time ;  I  believe,  it  must  be  about  the  year 
1784. 

I  am  not  very  particiriar  as  to  dates,  I  do  not 
want  to  be  in  any  of  your  secrets,  if  there  can 
be  any  reason  m  the  world  for  your  not 
choosing  to  answer  me— Had  you'any  ijar- 
tkntlar  reason  for  changing  yonr  name  r— I 
will  state  my  reason;  my  lather  had  a  shop 
of  business  in  the  city,  his  business  was 
chiefly  in  the  wig  and  shaving  ^^ay;  (or  im- 
provement 1  wished  to  go  to  the  west  end  of 
the  town.  I  went  and  worked  with  a  nian, 
whose  name  was  Penton,  in  Bk>omsbiiry,  for 
improvement;  it  was,  perhausy  fiurn  hhtr 
pride  I  did  not  oboose-itto  be  kMw»  tM  F 
was  woAisft  V  #  ' 


Jut  High  TreHion. 
I  of  Douglas,  I  took  it  from  a 

have  no  objcctioti  to  a  decent  pridi;,  yoo 
look  s  vrn-potMi  nuTTTf*      \i  Mrrjf^k  yoii  jti  a 

ftejf^tv  a  slmck 

ID'  um€,  j.iul  I   iuul  uu  thought  of 

ru  under  tiiat  tKvme< 

i'my  iiuw  long  did  ytm  play  this  p;tTt  of 
Douglas  ? — I  conrinued  oe^r  seven  vcHr>*  in 
that  name,  and  it  was  trom  this  circum- 
stance  

Do  you  know  a  Mr*  Lincoln  ? — I  do,  I  did 
not  recollect  liim,  but  1  wish  to  state  soni« 
circnrastancc. 

Please  to  answer  my  i\  iicstton  find,  do  you 
know  Mr.  Lincoln  P,— I  do. 

Who  is  Mr.  Liijcohi? — Mr  Lincoln  I  im- 
«lcf<.T:*nd  Xn  he  something  to  Mr*  Macnaraara; 
he  tents  for  him,  1  believe. 

■>i  ^Viy  lime, — I  am  not  asking  you 
BT  [lat  IS  criminti1t*-^id  you  at  any 

Iji  any  money  of  htm  ? — I  did,  antl 

WIJi  5tal(r  lliC  circumi^lanccs  if  you  please. 
•  How   long  airo  is    it  that  you    borrowed 
By  cii  1  what  sum  ol   lum  ? — I  am 

do  nul  know  liie  particular 

*  *^  **     : 'irular  time;  I 

'>. 
,. u. ..  .  -  u  . .  t  ound,  or  gni* 
.  i  do  not  know  whicli. 
rT*id    vun    ai\f'   Inin    :i  liote  for  it  P — Yes,  in 
111  IS  part  of  which  1 

<ud  the  remainder 
r  has  ijcen  since  paid. 
When  did  you  pay  part  of  it  yourself? — i 
the  lime. 

!r.  Lincoln  come  into  the  London 

by   mer<i  accident,    where  the 

T  tlie  crown  are,  L  beheve,  pro- 

1^  fit  ft»r  thera  to  have,  and 

id  siid>  how  do  J' on  do  Dou- 

111   luc  to  ctpluiu,  that  that  was 

,   that  wuiildca»Ty  atiirttTentcon- 

,..  lu..  fniuicr  in  wliich  it  was 

«ra  first  c.^nic  him'^tf* 

.    .lh;  he  asked  me  ques* 

m  a  3tair>-case  there  w»th  n 

f  r  seen,  waj!»  not  a  place  to 

1 1  eiLplanation  upon  the  subject. 

pcakmj  about  Mr.  Macnanmra, 

ed  when  Mr  Lincoln 

cotTee-tiouse  ?— (  wasi, 

'  I   to  mc,  so  I 

it  I  said.         I 

'    i  >rc,and  \ 

^\x  were 

)  liui   Kiiuw  what  you 

ico  he  came  in  ?-*-l  de- 

L-utct  Mr.  Lincoln^  person, 

:  nei^rr  teen  him  but  odco  er  twice  in 

al^ou  recollect  what  you  ^aid  to  mc,  not 
llflul^*  avo  :  ihiit  Mr.  Miicnrirruir;*  had 

\  %Xv  j'l  a 


f 


<^on  I  irdly  knew  what  you  said  f 

—I  I  ^  .y  so. 

lie  sttid-ioyou,  how  do  you  do  Douglas?— He 
did  not.  When  became  tip,  !ic  a^ked  nu?  fim 
what  my  name  was  ?  I  /j 

said  be,  did  you  never  g'  r  ? 

did  not  you  rent  a  house  ul  me  .^  i  :s 

Macnanmra  ;  I  said,  this  is  not  a  |  r 

for  <•■":'   ^  :  \'  •  ..,iiL  ut  hu- 

man oa  note  to 

Mr.  ijur^.Mu,  huru'-  p.n I  ,^  not  pakK 

and  I  only  came  out  ol  to  you  to 

•nfnri*"  * ^'"^  ..)...^  V  .,i  .i|.,>L,,i  in  evidence 

thi^  .  »ril. 

\V4_1   .1,:  ..^dght   flirward? — ^This 

not€  would  be  produced.  1  i<jld  him  I  had 
not  the  mont^y.  1  olfered  Mr.  Lincoln  the 
money  afterwards. 

Did  you  know  where  Mr.  Lincoln  lived  in 
the  interval,  between  the  time  when  you  bor- 
rowed the  money  from  him  and  to  the  lime 
you  saw  Mr.  Macnamira  and  Mr  Lincoln 
at  the  London  coffee-house? — I  knew  where 
he  lived  at  the  lime  i  borrowed  it ;  I  do  not 
know  whether  Mr  Lincohi  had  moved ornot* 
Had  yuu  seen  him  in  the  inten'al? — I  paidt 
part  {^(  I  he  money,  and  rny  wife  paid  anothe 
part  of  It.     It  was  to  he  paid  hy  in<»lalments. 

Let  me  ask  aii  I'vplanulion  of  sometliingli 
which  1  confess  i  did  not  tmdcrstand  ;  howl 
came  you  to  say  to  Mr  Worship  that  yotll 
dealt  in  naval  slone>?— Because  1  thon[;ht  thaf] 
wuuld  preclude  all  inquiry;  ficcause  1  did  nolj 
choose  to  give  him  my  addresH ;  ber^tuse  11 
thought  if  he  found  1  was  with  Mr  Wick-i»| 
ham,  he  would  rellise  then  to  let  me  hav 
what  1  wanted. 

Mr.   Attorney  GtnernL  —  Do    you    meatf  I 
Worship*  the  engpraver? — Yes;  I  saw  he  su 
pected  I  was  nut  friendly  to  their  cause, 

Mr.  £/J5Ai«t*.— Who  H  Mr  Worship?— .4^1 
secretary  of  a  division  of  the  Corresfmnding 
Society. 

Did  you  never  make  use  of  the  expression*! 
that  I  asked  yon  to  before,  that  you  cared  no  1 
mure  ibr  clieatms;  the  king  than  the  exprcs^  j 
5  ion  I  stated  be  to  it  ?— Never  in  my  life. 

I  ask  you,  u[>ori  your  oath,  whi'thcr  manjf 
of  I  hoc  c\\»rrn^ionR,  which  you  tiave  beenj 
stiitiiL  1,  yon  did  not  maKe  u^^c  of 

yoiir^"  iideavour  to  excite  those  pcoplc^l 

to  do  the  liuup  thai  you  have  been  n?hiling 
of  them,  and  were  ri^prinianded  by  tliem  re« 
pealed ly  for  it  ? — Never. 

Upon  no  one  occasion  ? — The  only  thing  t  i 
(  "  '     '       "^        ic:   that,  on  the  1  ue^lay^ 

11  of  Hardy,  I  mentioned  J 
\Nii.jiii:ni  j^K(Hsr,i  ,u  ilie  division,  in  Compton-cl 
street,  relative  to  the  committcfofemerj^eney, 
and  to  know  whether  it  was  Ihcir  intention  to 
do  the  same. 

I  ask  you,  upon  your  oath,  whether  yoti 
were  not  ui  the  constant  course  of  using  irv-j 
flammatory  expression'^,  vvlnch  I  will  not  r&. 
peat,  gomg  from  oiv  >  another  usingj 

iiitUunmatory  cxpre*  1  ^<  it«  those  peo* 

l>le  to  say  tu  yuu  tbii^gft  which  y^M  wantefl 
3  A 


723]         95  GEORGE  III. 

them  to  say  ? — I  never  wished,  and  do  not  to 
my  knowleacje  know,  that  I  ever  used  any  one 
expression  of  the  kind ;  in  some  respects  I 
may  have  appeared  to  have  approved  of  their 
proceeding  with  the  view  which  was  my  sole 
design.  I  aid  not  wish  to  lead  Baxter  on,  nor  did 
I  find  fault  wilh  him,  from  this  circumstance, 
tliat  as  I  had  reason  to  believe,  that  arms  were 
secreted,  and  it  was  my  wish  to  discover  where 
they  were,  that  they  might  be  found,  and  the 
mischief  prevented. 

It  was  natural  you  should  saj^  nothing  if  ^ou 
went  with  a  view  of  discovering  that  which 
was  dangerous  to  the  public. — But  I  ask  you, 
whether  you  did  not  go  about  from  place  to 
place  usmg  the  most  inflammatory  expres- 
sions?--I  never  did. 

You  say  that  positively  ? — Yes. 
-    That  you  never  did  use  inflammatory  ex- 
pressions of  the  sort  that  you  have  been  men- 
tioning ?— No. 

Do  1  understand  you  to  swear  positively 
then,  that  you  never  made  use  of  any  inflam- 
matory expressions,  when  I  put  you  in  mind 
of  some  of  them  now.— Why  do  not  the  so- 
ciety learn  the  use  of  arms,  it  would  be  of 
great  use,  there  is  nothing  to  be  done  without 
arms  ?— 1  never  made  use  of  such  an  expres- 
sion ever. 

Nor  ever  made  use  of  any  expression  of 
that  nature,  to  excite  any  of  the  people  at  the 
societies  to  believe  you  would  do  mischief  of 
any  sort  ? — No,  never  to  my  knowledge,  I 
never  used  any  inflammatory  expression,  or 
any  means  to  excite  them  to  disturbance,  or 
any  means  whatever. 

Now  go  to  your  notes,  and  tell  me  what 
days,  and  at  what  places  you  attended  in  the 
prosecution  of  that  which  was  extremely  laud- 
able, if  it  was  honest,  tlie  times  and  the 
places. — But  before  I  trouble  you  with  that, 
do  you  know  a  Mrs.  Coleman.^ — I  do  not. 

Mr.  Erskhte.—ljook  across  to  the  jury  ? — 
I  do  not  know  a  Mrs.  Coleman  now. 

Did  you  ever  know  a  Mrs.  Ck>leman? — 
I  did. 

Had  you  any  dealings  of  any  sort  with  her  f 
— Certainly,  she  rent^  a  shop  of  me. 

lUd  you  no  dealings  of  any  other  sortP  I  am 
not  faulting  a  question  of  any  immoral  na- 
ture 'f — C'ertainly  I  had  business,  she  rented  a 
shop  of  me. 

lb  thai  all  ? — She  died  at  my  house,  and  I 
buried  lior. 

Did  bhe  leave  any  will  ?— Yes. 

Whom  did  she  leave  her  property  to  ? — Uer 
property  was  partly  Icfl  to  one  Burroughs,  and 
partly  to  one  James  Leech. 

Who  made  the  will  ? — 1  wrote  it. 

Do  you  know  Mrs.  Biffin  ? — I  do  not. 

You  were  very  ill  used  about  that  business, 
in  which  you  had  done  nothing  but  that 
which  was  right? 

Gosling.— iiow  ill  used  ? 

Mr.Erskint. — I  mean  you  got  into  some  dis- 
pute and  trouble  about  itf — ^None  at  all,  I 
was  in  no  trouble  about  it. 

t 


Trial  tfThomOt  Hardy 


C7» 


There  was  no  complaint  made  agaiost  jm 
of  any  sort?— There  was  no  just  cause  of  coo^ 
plaint. 

I  do  not  ask  whether  there  was  any  just 
cause  of  complaint,  but  was  there  any  com* 
plaint  made  against  you  by  any  body  upon 
the  subject  ? — I  cannot  say  I  recollect  the 
particular  circumstances  that  might  pasa^ 
there  was  a  brother  by  a  former  husLand 
who  came  up  out  of  the  country. 

Do  not  understand  me  to  be  doing  so  im- 
proper a  thing  as  to  be  imputing  anv  crime 
to  you,  and  to  ask  vou  to  reveal  it ;  rar  npom 
it,  I  only  ask  whether  any  body  was  wicked 
enough  to  make  any  complaint  of  your  coq* 
duct  m  that  case  ?— 1  do  not  know  that  there 
was  any  complaint. 

Will  you  swear  thern  was  none — ^upon  }[mir 
oath,  was  there  no  complaint  made  againsi 
you  upon  the  subject  of  this  will  ? — I  cannot 
tell  what  complaiuts  may  have  been  made. 

Upon  your  oath,  was  there  not  a  complaint 
made  against  you,  to  your  knowledse>  mr  &• 
bricating  this  will  p — Never,  that  I  know  of. 

Will  you  swear  that  ? — 1  will  swear  I  never 
heard  any  such  thing. 

Who  was  Mr.  Leech? — A  man  who  was 
formerly  an  apprentice,  and  kept  a  shop 
nearly  opposite,  who  set  up  in  .opposition  to 
me. 

In  what  trade  ?— In  the  same  business  of  a 
hair-dresser. 

And  that  woman  died  at  your  house andkft 
her  property  to  him  ?— I  did  not  say  she  kA 
her  property  to  him. 

I  asked  you  to  whom  she  lef\  her  property  f 
—I  told  you  to  be  divided  equally  between  a 
person  ot  the  name  of  Burroughs,  at  Edmon* 
ton,  and  a  James  Leech. 

Was  that  James  Leech  ^our  rival  oppo* 
site?— No. 

Who  was  that  James  Leech  to  whom  this 
woman  lefl  this  money  ? — A  son  of  my  wife's. 

Who  was  Burroughs,  who  was  that  otbcf 
person? — A  cousin  of  her's  or  some  such 
thing. 

Wiiat  connexion  liad  you  with  the  woman  I 
—I  had  no  connexion^  any  farther  than  rei^ 
dering  her  every  service  in  my  power^  during 
a  long  illncsS|  in  which  I  was  at  consideiabk 
expense. 

How  lone  had  she  lodged  at  your  house  ?-* 
I  cannot  teU  exactly. 

A  year  ? — I  cannot  tell. 

Will  you  swear  that  she  lived  sil  moolhs 
with  you  ? — I  do  not  know  the  time. 

Was  it  two  months  P^-It  was  longer  \ 
that. 

Three  months  ? — Longer  than  that 

Four  months  ? — I  cannot  state  to  a  i 

Was  the  will  made  by  an  attorney  F-^It  «m 
not. 

By  yourself?— Yes. 

Am  I  to  take  you  that  you  meaa  to  i 
now,  that  no  complaint  was  vom ' 
as  having  foi^ged  that  wUlf— I 
the  best  of  my  knowledge  or4 
never  liend  mih  a  thing. 


79S} 


for  High  Treaum* 


A.  D-  1794. 


[796 


Will  Tou  swear  positively,  yoit  never  have 
I  charged  wilti  it ;  a  man  that  is  charged 
LtApital  felony  cannot  tbrgcl  it? — I  do 
collect  that  ever  I  was, 

Gtxi !  Do  you  niean  to  swpar  that 

not    rememher    whether  yoii    were 

I  with  a  capital  felony  or  col  ? — I  do 

m  that  [  ever  wa*. 

Will  you  swear  positively  that  no   such 

charge  was  brought    agiiinst    you^ — I    can 

swear  no  farther  than,  that  to  the  best  of  my 

knowledge,  it  never  was. 

Lord  Chief  Justice  Eyre^^A  rharge  brought 
when  and  where  ? — it  may  be  a  fact  withm 
his  knowledge,  or  it  may  not 

Mr,  Ertkine, — I  am  asking  you  whether 
there  was  uot  a  complaint  made,  that  you  were 
charged  in  your  own  presence  with  having 
done  ft  ?^Never,  to  my  knowledge. 

Am  1  to  understand  that  there  was  not  a 
rr»t"tJ  liin  rti'"^'  in  your  presence  against  you 
that  will? — I  do  not  rccoU 
^1  .1     ^^''^  ^vc^  ditl. 

if  ill  not  you  ^o  the  length  of  swearing  that 
^^  ody  ever  did  do  so  ? — ^T  can  only  speak  to 
'the  best  of  my  rccoliccLiou  and  knowledge. 
Mr  Gartifw. — I  submit  to  your  lordship 
that  is  the  only  answer  a  witness  can  make  to 
cuch  a  question* 

Lcmi  Chief  Justice  Kyrf  .-^There  is  no  or^ 
caeion  for  your  interrupting  the  examination ; 
probaldy,  it  is  an  aii&iver;  but  he  may  he 
pressed  to  see  whether  he  can  answer  farther 
orooL 
Mr.  Erthine.- — Whether  any  body  ever 
you  with  it  in  your  presence? — I 
recollect  that  any  person  ever  did. 

know  a  Mr.  Cojc  ? — Yes  ;  I  know 
I  cheesemonger. 

oog  have  you  known  hiua  f — I  can- 

'  nfKt  exactly  state  how  long  I  have  dealt  with 

"ini. 

Dealt  wltti  him  in  what  f — In  cheesemon- 

r  and  butter,  and  things  of  that  kind,  and 

It  hams. 

pr  the  use  of  your  family? — Yes ;  and  to 

khou^hl  you  were  a  hair  dresser;  what!  do 

^  ^    1  in  hams? — My  wife  kept  a  shop  of 

^  and  I  dressed  hair. 

you  never  had  any  ot^^^r  tn»t  i.r*Wii. 

Mr.  Cos,  than  thnr  m 

I  a  fair  tradesman  tl.-         \^  him 

I  iH  the  ordinary  course  ol  business  f — 

iyon  swear  that,  i^oiitivcly  ?— I  do  not 

Ither  any  thing  ebe ;  it  you  name  any 

"  I  fit  comes  wiUun  ray  know  • 

It. 

^rskt(ic.—i  do  not  stand  here  to  make 

^  I       Imsed  hams  of  himi  and  in 
[^reat  holes  filled  up  with 

J  liatm  were  of  a  bad  quality ,  filled 
noHar  andftpnesf— "^^''^    ufliiein 


Then  Mr,  Cox,  the  cheesemonger,  seems  i 
have  cheated  you  ? — Certainly  ;   he  did   not 
use  me  well  when  I  was  ignurant  in  the  busU  i 
ness. 

Mr.  Macnamara  came  in  order  to  intimi' 
date  you  from  bein^  a  witness  here  ? 

Lord  Chief  JuHiice  Et/re. — L*onsider  whe- 
ther it  will  be  prudent  to  go  into  an  examina^  i 
Uon  upon  that;  if  Mr  Macnamara  has  been 
so  imprudent  as  to  go  into  a  co6ee-house,  and 
talk  to  the  witness,  it  would  be  at  best  an 
incautious  thin^  for  a  gentleman  to  go  where 
the  crown  witnesses  are,  to  entrr  into  conver- 
sation with  them  ;  and,  I  think,  it  haii  belter 
not  be  done ;  I  hope  no  other  gentlemsm  wilt 
do  it. 

ISIr.  Enkine, — 1  am  sure  he  did  not. 

Mr*  f/tfrnm.— I  J^hall  examine  tu  it. 

Mr.  Ertkine. — You  will  examine  to  it  when 
I  have  done,  I  suppose  ^ 

Am  I  to  understand  you  to  say,  that  you  I 
never  dealt  at  all  in  stores,  I  do  not  mean  to  j 
say  dishones^tly  or  improperly  ? 

GiM/i«^.— What  kind  of  stores? 

Mr.  Enkine. — Naval  stores-* -ship  stores? 
---I  have  purchased  old  cordage,  bad  sacking, 
and  such  Kind  uf  things ;  hut  those  I  do  not 
consider  to  come  uuder  the  denomination  of 
naval  stores. 

What  were  the  articles  thai  yon  piirchased? 
— What  is  commonly  adled   hand  stulBng,  , 
used  for  making  of  pujwr. 

Hid  von  never  say,  1  do  not  ask  you  whether 
you  did  it^  because  I  have  no  right  to  do  that, 
but  you  never  said  thai  you  werij  a  dealer  ia 
raw  materials;  that  the  person  you  spukc  to, 
asked  you  to  c.\plam  it  ;  and  whether  in 
am*wer*to  that  you  iaid  that  you  attended  the 
sale  of  his  majesty*s  stores  at  the  dock-yiu^ds, 
at  Sheerness,  and  su  on— that  you  were  well 
acquainted  with  the  store- keepers,  and  that 
you  generally  bought  them  at  a  fifth  ot  their-  i 
valne,  by  feeing  the  store*  keepers  to  condemn 
them?*-l  never  said  Ihat-.-t  will  relate  tu 
you  one  circumstance  upon  which  thiit  is 
taken: — I  wished  to  get  udbrmatiun  respect- 
ing them,  and  Mr.  Colrpihoun  would  give  mo 
credit  fur  that;  it  was  upon  that  very  busmcss 
I  was  taken  into  his  employment  to  give  mteJ-  ^ 
licence  respectmg  that  -l  uudcrst«>od  Iroiii  ^ 
lllliier  that  he  had  a  relation  >^  »<^  .^^  * 
quarter-master  there,  and  1  wished,  «.h^"f^'j 
his  means,  to  obtain  information  tor  Urn 
service  of  i^^vcrnnient.  ...  i.*.-*,i* 

Why  you  had  a  great  deal  upon  your  hand*] 
-you^ay  you   U%\   hmv  the   same  aMMr" 
Worship;  you  did  not  tell  Mr.  Worship  that  ^ 
-J  told  hmi  I  wa.  a  dcHler  in  nav^l  stores. 

But  did  vou  tell  Ml.  Worship  that  the  way 
^.^„.  ,1    'T  ■         »^  *.-.^-    liH    ^lore^kecpers  taj 

ra'.  '^^^-^ 

uoiju  lyoukv 

iuiiowL  uom^hi 

no  rnmo  to  ciit 

Was  it  m  th  '^u^vitioni 

that  you  bough  I  tiiai  p^^'cr  stutt  ;i.iid  ^^ 


7fT\         35  GEORGE  HI. 

-—I  never  boughA  aajT  paper  stufF  belongtog  to 
bis  majesty  in  my  lite,  upon  my  oath. 

But  I  ask  you,  were  you  both  a  dealer  ia 
stores  yourself  honestly ;  and  were  you  em- 
ployed as  an  inforoEierto  prevent  other  people 
Deing  dishonest?— I  never  had,  to  my  know- 
ledge, any  charge  brought  against  nie  for 
dishonesty  for  it*— I  obtained  every  infi*rma- 
tion  I  could  to  prevent  children  and  other 
pmons,  that  might  be  tempted  to  puriuin 
things — tlie  information  was  nut  given  against 
any  person,  but  merely  hints  to  prevent 
pilfenng--uo  person  was  accused  upon  that 
mformationy  nor  did  1  receive  any  reward 
lor  it. 

I  do  not  comprehend  you,  explain  to  me 
what  was  the  reason  why  you  told  Uiiiier  you 
had  been  in  the  constant  course  of  cheaUns 

Sivernmcnt  in  that  fashion?— -I  did  not  tell 
illier  I  had  been  in  a  constant  course  of 
cheating  the  king ;  he  mentioned  to  ine  his 
having  a  relation  a  quarter-master  at  the 
yards,  and  to  whom  he  talked  of  sending 
some  of  the  resolutions;  I  thought  that  from 
him,  as  it  is  the  quarter- master  that  puts  up 
the  stores,  that  I  might  obtain  some  informa- 
tion relative  to  those  stores. 

Is  that  an  answer  to  my  question  ?  I  asked 
you  why  vou  told  Mr.  Hillier  you  were  in  the 
course  of  doing  that  which  you  have  been 
now  stating. — I  did  not  tell  him  I  bad  been  in 
the  course  of  cheating  the  king  at  all. 

Nor  any  thing  to  that  effect?— I  only  told 
him  that  I  was  a  dealer  in  naval  stores,  nothing 
ftrther. 

Did  you  ever  tell  him  that  there  were  great 
quantities  of  copper  conveyed  out  of  the  ducks, 
and  the  manner  in  which  it  is  conveyed  out  ? 
— ^Never,  the  manner  in  which  it  is  conveyed 
out. 

Whether  you  did  not  tell  him  the  copper 
was  conveyed  out  of  the  dock-^ards  in  butter- 
firkins? — No;  I  have  given  information  to 
Mr.  Colquhoun  that  copper  has  been  sent 
away,  but  that  was  not  from  the  king*s  stores ; 
but  supposed  to  be  copper  fraudulently  con- 
veyed awa^. 

I  am  asking  you,  whether  you  did  not  tell 
him  you  had  been  employed  yourself  in  con- 
veying away  this  copper  r — I  never  told  him 
tliat  I  was  employe<i ;  I  wished  to  eain  what 
information  I  could  from  him,  and  that  was 
the  sole  purpose. 

Did  you  ever  tell  him  that  you  were  ac- 
quainted with  a  woman  who  lived  somewhere 
about  Tooley-street,  and  that  there  were 
twelve  hundred  weight  found  upon  her  pre- 
mises ?  —I  told  him  1  had  heard  such  a  seizure 
had  been  made,  but  I  never  saw  the  woman 
in  my  life ;  I  had  heard  of  it,  and  merely 
related  that  I  had  heard  tltat  such  a  thing  was 
the  fact. 

Now  I  have  nothing  more  to  ask  of  you 
•xcept  the  dates,  which  you  will  be  to  good  as 
to  give  me  with  great  correctness;  what  was 
the  first  tiiDO  that  you  attended  any  of  those 
#ocieti8S  ?--Ths  16th  of  April ;  upoA  the  14tby 


Trial  of  Thomoi  Hardy  [ftS 

I  was  «t  a  meeting  at  Chalk  Farm;  Ifaecame 
a  member  on  the  15th. 

You  never  saw  tbe  prisoner  at  zny  of  thoie 
meetings?— I  should  not  know  his  powNi 
again ;  I  do  not  know  that  I  did. 

What  part  of  tbe  meeting  were  you  in  at 
Chalk  Farm— were  you  in  the  room  ?— No» 
out  in  the  grounds  in  tbe  crowd. 

On  what  day  were  yon  at  any  division 
meeting  of  the  society  ?— Chi  the  15Ui  of  April 

At  what  place  ?— At  tbe  Hope,  in  North* 
ampton-street. 

What  was  the  next  time?— The  Monday 
following,  1  believe. 

I  wish  you  to  be  correct?— I  do  not  know 
that,  I  have  not  every  paper  with  me. 

But  sudi  papers  as  you  have,  that  will 
furnish  me  with  dates,  let  me  have  tbern?-* 
On  Monday  folkiwing,  I  was  at  Morris's,  ia 
Brick-lane. 

What  number  of  persons  were  there  at  Cfaat 
time?-«-About  twenty-five  or  twenty-six,  I 
suppose. 

You  dki  not  know  their  persons  ? — I  knew 
the  persons  of  some  of  them. 

Be  so  good  as  to  name  them  ? — Bennet  and 
Hillier;  there  were  other  persons,  captain 
Williams,  I  believe,  was  tliere,  an  American. 

And  about  twenty-four  or  twenty-five  per* 
sons ;  now  what  was  the  next  night  ? — On  the 
Tuesday  following,  I  was  at  the  hope. 

Were  Hillier  and  BenueU  there  ?—Hiliier 
was  there. 

How  many  persons  might  be  present  there? 
— About  seven  or  eight  and  twenty. 

I  understand  you  to  say  the  conversations, 
you  have  been  relating,  were  not  accidental 
ones,  but  that  it  was  the  general  scope  of  the 
conversation  almost  every  night? — That  night 
at  Morris's  I  did  not  hear  any  thing  about 
arming. 

When  did  you  hear  about  arming  ? — ^The 
22nd  was  the  night  when  the  delegate  Wright 
made  that  observation,  and  the  answer  was 
given  by  Gordon,  the  secretary. 

What  was  the  next  night  upon  which  ^ou 
heard  any  of  those  abominable  expressions 
which  you  have  sworn  to  here  ? — On  the  S9th 
of  April,  there  was  a  conversation  about 
arming. 

On  what  night,  and  at  what  place  was  that 
horrible  expression  made  use  of  concerning 
the  king  ?— That  was  not  at  a  division,  that 
was  at  Hillier's  house. 

What  was  the  dale  of  that  ?— That  was  the 
85th  of  April. 

Who  were  present?— A  man  whose  name 
I  was  tokl  was  Hicksley  (who  introduced  the 
subject  by  saying  he  had  received  a  letter 
trom  Sheffield),  Hillier,  Bennett,  another  per- 
son, whose  name  I  do  not  know,  and  another 
man  who  appeared  to  be  in  liquor 

Are  you  prepared  to  swear  positively,  that 
you  lieard  those  expressions  which  you  have 
sworn  to?— I  have  already  sworn  them,  and 
they  are  true.  ' 

And  you  stick  to  that  ?— I  do. 


Where  wei>e  3n>u  upon  the  fl9lb  ^— Al  lli« 

Wl»o  were  present  at  the  Hope?— Tliere 
w«fr  two  divisions  met  there  that  night.  No. 
1  J,  and  No.  6. 

What  mifnber  were  theie  of  each  ? — ^I  sup- 
pose aljoiol  forly  or  iiitv  persons  toother. 

Were  there  any  expressions  about  aranSog 
t1  ^— There  was  a  print  proposed  hj 

W  '^  engraver,  and  ^recomrootideKi  to 

\\ ..'..-.  Ill*  r  ,11  \  iliing  about  airning  forihe 

po^e  ot  threalcDiisgthe  king,  «rr  overltmi- 

the  goTemment? — No  exf»reasiciiQf  over- 

ihe  govenmieat ;  but  it  waa  reconii- 

"to  Ifaen  to  iearn  the  use  uf  ama. 

fim  was  any  paruouiar  purpose  slaled  f-^l 

do  not  reotjllect,  that  there  was  aoy  ftfrttoular 

INirpoae  stated. 

Al^nvhat  time,  besides  the  tW9  wni  kav^ 
afioken  of^  did  you  hear  the  cx^wicaaiofia  timt 
ftm  tmve  reiatpd  ?^l  have,  at  ditVetit  timesy 
of  wliieli  1  bare  not  the  dates,  heard  other 
yiii|il  fjifiking  oHt,  and  approving  of  it. 
Do  you  mean  members  uf  the  society  ? — 

Vc5, 

u  hat  nteniber ? — ^Bicke,  the  ntne  I  sxw  at 
Ci>iik  farm. 

^'^  i«ai  ia  hu  cfaiistian  mmef — I  d^  not 
know. 

What  did  Birka  say  to  you  ? — I  do  Dot  re- 
colkcl  the  particular  convers^itioo,  because  1 
did  nol  minute  the  \vord£,  therefore  I  will  not 
attempt  to  swear  to  the  cooverfiation;  1  hke* 
mm  heard  a  man  of  the  name  of  Kelly,  and 
likfwis^'  T  heard  Eaion  talk  of  arming* 

I  irmed  association  of  *,ixiy  people; 
h'  lor  tliose  wicked  purposes  yuu  liave 

k^tu  laikiog  of  f^i  heard  Kelly  say  se^  after 
the  sffprcheiiaioo  of  Hardy. 

Edmard  GifUing  re-examined  by  Mr.  Garrow. 

You  said  Worship  produced  an  engraving 
MlMieof  the  meetings;  ca^  your  eye  upon 
that  paper ;  is  that  one  of  the  engravings  he 
fvodtmd  [ahowing  the  w  itness  a  coptier  plate 
print  of  ^e  manutti  exercise,]  ? — I  btlicvc  this 
to  bo  one  uf  them  ;  this  was  brought  as  a 

rof;  it  wa%  to  t>e  pubiiahed  the  next  dav; 
brought  il  to  the  society,  that  they  might 
ate  it. 
What  have  the  aohlierm  got   upon  their 
^— tia  aicatiooed,  thai  they  were  Sans 
s  I  and  the  caps  on  their  heada  ware 

ircd  red. 
b  an  en  graving  of  the  manual  exercijej 
of  platoon  firing? — Yes 
Wheo  you  applied  to  him«  leM  ho  should 
Mispect  you  were  connected  with  a  magistrate, 
ynu  uAa  inm  you  were  a  dealer  in  naval 
?-l  did. 

1  allerwards^  in  the  rest  of  the  cotivir^ 
,  you  kept  up  that  rept eseniatm  f— * 

llam  lonv  h  it  ago  stner  yon  gave  a  note  to 

^Xincom.   Mr*  Macnamam's  Agent  ^^-I 

exactly  state  the  lime ;  about  four  er 


Did  you  give  it  to  Mr.  Macnamara,  or  to 
Mr.  Lincoln  ?— To  Mr.  Lincoln. 

How  mndi  was  tlie  amouutl—- Tea  poutkJs, 
or  ten  guineas. 

How  much,  at  this  moment  b  due  upon 
that  note?— 1  believe  three  guincaa.' 

Have  you  ever  had  any  application  irom 
Mr.   Maciamara,    for  the  TTit>n<^^  till 
attending  this  ocrurt,  in  v^ 
writ  of  suhpcena,  and  ant* 
the  rrown  r — I  never  saw  !\ir*  .M^iiauiara" 
mv  life  before  yesterday,  not  to  know  him, 

I  need  hardly  ask  you,  whether  ^u 
had  any  personal  appUcaCioa  from  itr.  ft 
namara,  to  pjiy  this  money  ?— Never. 

ILidyou  haJ  any  application,  upon  his  part, 
till  you  were  subpceniied  as  a  wilue^t*  ? — I  did 
not  see  him  myaelf;  I  heard  llr.  Lincoln  bad 
called  upon  me. 

ILow  lon^ago  ? — Three  or  four  years  ago. 

Did  Mr.  Macnamara  come  to  you  ;ilonc  ?« 
I  was  sitting  at  dinner;    a  pcr&on  cnnic,  an 
said,  M>ine  person  came  to  speak  to  me  ; 
found  Mr.  Macoamara  atoie. 

He  said  he  came  ooi  of  humanity  te  yon  f 
—He  said,  that  he  was  a  man  of  property,  an  " " 
hikJ  a  large  estate  in  the  country;  tljai 
was  a  frtetirl  U*  the  king  ai^i   constil 
thai  he  would  see  strict  justice  done; 
came  oDt  ot  humanity  to  tsie  to  let  me  1 
that  this  would  be  prodiiKed  against  me 
court. 

If  whal?^ — He  did  ncrt  say  wliat, 

Did^Mr,  Maaiainara  dcluai^  the  mon 
or  desire  you  to  pay  it  ?  —He  asked  me,  if' 
remembered  the  circumstajtce  ;  I  said  it  w^ 
an  improper  place  to  enter  into  an  explana 
tion  ;  I  did  not  know  Mr.  iMacuamara's 
son ;  I  told  him,  if  he  did ^  I  must  meet  \t  j 
court. 

>ou  have  been  asked  a  vast  number 
questions,  respecting  Mrs,  Coleman's  wift 
was  there  any  suit  mstituted  to  dtspate  ttl 
legality  ot  that  will  ? — None. 

Was  there  any  pro!«et:ution  for  that  whic 
is  called  Uie  forgery  of  il  ?— None  •! 

Wai  there  ever^  to  your  knowledge,  any -^ 
complaint  made  azainst  you,  that  there  was 
any  thing  foul  in  the  transaction  ?-*-Not  that 
I  know  of;  the  brother  cane  ^towni  and  ap» 
peared  perfectly  satisfied. 

Was  It,  upon  your  oalh,  a  fair,  lionet  1 
action,  a^  far  as  you  had  any  thing  to  do  ^ 
it ;  aye  or  no  ?"-lt  was. 

[Il  now  being  half  past  one o'ebck, on  Fri* 
ddy  murningi  the  Court  Hdjourncd  to  nine 
o'clock.] 


LHU  Sp« 

LtfaolW 
to  wii^H 


Fridtf, 


S€iH<m*lmim    ta    th§   Old    BmiUjf, 
QetohcriheSlU,  17M. 

L^ff!  ^  ^  •' *  Tfjstice  Eyre ;    Lord  CWef  Btunm 
M  ;     M  r.  Ba  r o  n    11  o  iham ;     Ml. 

Ju.vi^-    .>nllcr;    Mr,  Juftkc  Grose  ^   and 
Q\hci$  his  Mi^ty*»  Jutiice«,dte. 


731] 


S5  GEORGE  IIL 


Trioi  of  ThonkH  Hard^ 


[759 


Thm*m  Hardif  set  to  the  bar. 

Mr.  Attorney  GentraL — Yaur  lordship  wiH 
recollect  that  Mr.  Gosling,  last  night»  spoke 
0(  ft  conversation,  in  Newgale,  at  which  f)cr- 
sons  of  the  Dames  of  Rousscl  and  Hillier  were 
nresenl.  We  are  now  going  to  prove,  that 
Koussel  was  a  member  of  tne  Ixjndon  Cor- 
responding Society,  with  a  view  to  prcduce 
some  papers  found  upon  him. 

Mr.  John  Curndi  called* 

Did  you  find  that  paper  ?-*Yes  j  I  found  it 
at  Mr.  Hardy's  house. 

pt  was  read.] 

«  12a  July,  iin, 

'*  Division  37,  Number  47,  Mr,  lioussel.  No. 
4,  Shepherd-street,  New  Bond-strcet/' 

IMr,  Btrnard  Bailey^  sworn. — Examined   by 
Mr-  Attorney  General. 

Look  at  that  book  [showing  the  witness  a 
f^mphlct,  intituled,"  Explanation  of  an  En* 

fravmg  of  the  Manual  Exercise  and  Platoon 
iring;"]  has  that  your  band-wxiling  upon 
it?— Ulm». 

Where  did  you  Bnd  that  ?<— I  Ibund  it  in 
Mr.  Uoussers  apartment* 

Look  at  that  song  [showing  it  to  the  wit- 
nessX — This  has  my  hand-writing  on  it ;  I 
found  this  in  Mr,  Rousscl's  apartment. 

Where  was  llaussel's  apartment  T— In 
George- street,  Bl^ick- friars  ,-  Itoubsel  was 
present  at  the  time. 

Mr.  Bernard  Bailey,  cross-examined  by  Mr. 
Gibbs, 

Who  was  with  you,  when  you  found  tiiese 
papers  ?— .Tolui  Coomber,  an  officer. 

Who  desired  you  lo  go?— Mr.  Wickham,  a 
tua^istrate. 

VVhen  did  you  fiud  ihem  ?— <  In  the  19lh  of 
May. 

Mr,  Gibh$,'—l  submit  to  your  lordship, 
that,  according  lc»  the  nilc  laid  down  yester- 
day, the  song  is  nut  evidence^  beujg'  found 
«rfer  Mr,  Uardy  was  taken  up. 

Lord  Chief  Justice  Eyre,  I  wish  it  had 
been  observed  before. 

Mr.  Gifc^*.— 1  wish  it  had  ;  but  I  did  not 
kaow  it  till  1  came  to  the  cross-examination 
of  the  witness. 

[The  Court  ordered  the  song  to  be  struck 
out  of  the  evidence.] 

Mr-  Attorney  General, — I  submit  to  your 
lordship,  tlmi  the  book  must  be  evidence; 
because  tlie  book,  your  lordship  sees,  is  an 
explanation  of  the  enuraved  plate,  which  has 
been  produced,  and  wnich  was  found  before 
the  pnsoner  wa«  in  custody. 

Mr.  GibOs.^llaw  do  I  know  tlmt  this  was 
not  printed  ai\cr  the  apprchcnsiuQ  of  Mr. 
Harffy  ? 

Lord  Chief  Justice  £yrc.— The  other  was 
found  before;  tlie  material  objection  is,  xhM 


this  may  have  been  printed  afterwards; 
was  found  aftersvards,  and  there  is  no  evidenc 
of  its  existence  before ;  therefore  it  must 
rejected,  unless  you  are  prepared  to  show,  l 
the  printing  existed  before. 

hii.  Attorney  General. — ^The  papers  I  am  noi 
going  to  produce  were  found,  one  in  the  cut 
tody  of  Mr.Martin,thc  otherof  Mr.Tbelwallj 
they  were  found  in  thcu*  custody  certainl| 
afW  the  prisoner  was  apprehended,  biLt  the 
bear  date  in  April,  1794 ;  and  they  appw 
upon  the  lace  of  them,  to  have  been  prepare 
for  the  Chalk  Farm  meeting. 

Mr.  Gi66*.— I  only  wish  to  liave  your  lo 
ship's  opinion ;  I  do  not  mean  to  take  up  \ 
time  of  the  Court ;  it  seems  to  me,  that  the 
is  certainly  the  same  objection  to  this 
as  to  those  which  were  offered   before," 
whatever  date  thev  may  be,  unless  they  < 
prove,  either  that  iliey  were  in  the  poa 
of  the  prisoner,  or  of  some  member  of  th 
London  Corresponding  Society,  before  he  1 
apprehended,  or  that  he  put  that  date 
them;    the  circumstance  and  bearing  of  th 
date  certainly  is  not  evidence. 

Mr.  Attorney  General. — ^Supposing   lh#*;oh 
jection  to  be  well  founded,  which  I  do  nO 
admit,  I  believe  I  can  prove,  that  the  pap 
had  an  actual  existence  in  the  month  of  Ap 
1791. 

Mr.  Gi56«.— Prove  they  existed  to  the  ] 
session  of  some  member  of  the  London  1 
reipondlng  Society. 

Mr.  Attorney  GeneraL^l  will   prove,  tbi 
they  existed  iu  the  possession  of  Mr,  Martiiu^ 

Mr,  John  Grovei  sworn. — Examined  by  Mr, 

Law, 

Were  you  present  at  the  Globe- tavern  Jo 
the  Strand,  on  the  20th  of  January,  1794  ?— ^ 
I  was. 

At  a  general  meeting  of  the  Londoo  Co 
responding  Society  P — It  was. 

Were  you  a  member  of  that  society  f-^w-NOi 
not  at  that  time. 

When  did  you  become  a  member  of  that 
society  ?— Very  early  in  the  month  of  Fe- 
bruary. 

Did  you  make  any  observations  of  the  | 
ceedings  which  took  place  on  the  90^ 
January,  1794?— Yes, 

What  was  your  Inducement  to  baoome 
member  of  that  society?— I  was  dedrcd 
to  do. 

You  became  a  member  for  the  pur|i>0(ie 
discovering  their  proceedings  ? — I  was  T 

by  a  particular  gentleman  to  go  tlier«  for  1    

purpose,  whose  name  I  will  meotioii|  if  ydO 
choose  it. 

There  is  no  occasion  for  n  ::  Um* 

name*;   relate  as  well  as  you  «  ^»ed 

on  the  20th  of   V  " 

tavern  f — Thrj  1  1 


*  I.        wi       iHi  .      A  HI-  li  VT-  I 


met  Ȥuo. 


] 


7M] 


Jbf  High  Tftaton. 


Do  jOKi  rocolkct  any  particular  toast  that 
Mif^  drauk  upon  tlial  occasion^— 1  da  nut 
recollect  any  particular  toast  now,  but  a  great 
nmober  were  ri'ad»  and  hy  the  \m\ct  thai 

^^^  f  rmled  I  fthuuld  be  able  to  refresh  my 

|Kliorv, 

^^j  ou  liave  no  paper  that  you  liad  at  the 
time  ?— r  have  nunc 


{  any  convcr^tioo  held  by 

L  rs  of  that  society  at  that 

jLii   the  Jaiiguajf'  '"     f"   ':e- 

was  universal  :j<1 

^,-_uls;    they  were  u.. I  *v.  li^t 


P 
mcroi  thi 

AODUal   \ 

purpose, 

\V.iH  It  mentioned  in  that  society  by  what 
mt  objecbi  were  to  be  obtained  ? — 

Nuv  .;  I  heard  nothing  thai  day  about 

tlie  fiieaut»* 

Did  you  hear  at  any  subsequent  meeting 
any  conversation  with  any  member  of  the 
Corresponding  Society  by  what  means  that 
obj  ^  bcobtamed?— I  always  undcr- 

iXt  <  y  were  to  be  obtamed 

.\  — Wc  (\q  not  nmid  wlial  you 

ilvs  I  >tood;  relate  what  any  body  iiaid, 

Ail.  x.a.i . — What  was  pubhcly  professed  in 
toy  of  the  mex7 tings  of  lliat  MMriety  to  be  Uie 
object  and  the  means  ? — By  enUghlenine  the 
mmds  of  the  lower  orders  of  the  people,  to 
Mvt  ihi  ni  opportunities  of  inslrucUon,  that 
l&r  ^  now  what  the  natural  freedom  of 

|B  1  -  was. 

Did  tliey  say  how  they  vvere  lo  carry  into 
eScct  that  purpose  r — By  the  distribution  of 
oerUiiu  papers  calculated  for  their  unilerstand- 
ings. 

^r  6'J^^i.— -Does  your  lordship  think  that 
tbiK  ^ort  n|  examination  ought  lo  go  on  wilh- 
oul  ing  the  name  of  aivy  person  from 

wli  iiC?  it  is^  your  lordship  jsees,  ul- 

lei  '    ibr  us  lu  have  ;in  upportunily 

0^  >  iiis  kind  of  evidence. 

1^-rM  V  ^,,v.  ..w^iicc  £yre.— If  he  knows  who 
the  persons  were  who  mentioned  these  parti- 
gjplarft  he  is  now  atating,  he  ought  to  give 
■■■Bir  Dame?  ;  if  he  doe^  nut  kt^ow  thr  names 
IVllir  \u'\  ^orjs.  hr  should  State  it  a,s  being  said 
'    fcj  I  society, 

yon  recollect  any  conversa- 
liott  bvid  bv  persons  whom  you  reeoMect  to  have 
b^n  memWrs  of  the  London  Co i  ri> ponding 
Society  res juic ting  the  means  by  which  these 
objects  were  lo  \w  obtained  ? — I  cannot  recoU 
Wt  :,  !>on;  bull  ma)  vtnlure 

Iq  il  voice  «*f  tlie  soi:icty. 

X»ni  vuu  rteui  miv  i  fling  publicly  expressed 
io  tiie  S43cicly  about  arms  ? — No,  never. 

Were  you  present  at  any  lecture  of  Mr. 
I1m1w%U's]*--*1  have  two  or  three  times  been 

What  was  the  sort  of  exhortation,  the  ob- 
Jtrt   ijf  tliusi!   It-LturLS?--Tljdl  IS   a   UlHltCr  of 

Vj  diogivoroy 

1  It  opnnun  of  their  gc- 

'hat  WA^  the  substance 

It  ,  tt  general  libuae  gf  admims- 


A,  D.  1794.  [73* 

Did  he  speak  of  the  brandies  of  Uic  legis-  \ 
lature  ?— Certainly,  in  their  respective  capa- 
cities. 

In  what  manner  did  he  repteseni  them  2 
—In  every  way  that  was  truly  ridicultxis. 

In  what  manner  did  he  speak  of  his  ma- 
jesty ? — In  terms  of  contempt. 

Lord  Chief  Justice  J^vre. — What  were  those  I 
terms  of  contempt  f-^lhave  heard  hira  make'i 
use  of  the  word  Solomon- 
Did  you  ever  hear  hira  speak  of  the  House*] 
of  l^rds  and  speak  of  the  utility  or  inutility 
of  that  branch  of  legislature  ?"-!  have  ' 

What  did  he  say  about  the  House  of  JjordsP 
— lie  said  that  it  was  an  aristocratic  branch , 
that  swallowed  up  almost  every  other  func- 
tion of  the  government. 

Did  he  recommend  the  abolition  of  any  of 
those  parts  ? — A  new  fnodeUatwn  he  recotnf^l 
mended. 

I  n  what  manner  did  he  recommend  them 
to  be  new  modelled?- --By  tlic  general  9ens« 
Cff  the  country. 

How  to  be  taken  ?— By  annual  parliaments  3 
and  universal  suffrage. 

Did  he  recommend  any  parlicular  means  ofl 
obtaining   those  annual    pariiunientsf-^If  I J 
understood  him  right,  his  meaning  wa^ 

Did  you  ever  hear  liim  mi:ntion  a  conven 
tion  ?— Yes,  by  calling  together  the  whoi 
body  of  the  people. 

Did  he  recommend  that  measure? — Hi 
certainly  did. 

He  recommended  a  convention  for  the  pui 
pose  oi  new  modelling  the  government  a 
obtaining  annual  paruameuts  and  univcri 
suffrage  ? — Yes, 
Weie  you  present  at  Chalk  Farm  ? — I  wi 
On  what  day  were  you  there  ? — If  1  recoi^ 
lect  right,  the  i4th  of  April. 

Was  there  a  very  large  assembly  of  person! 
there  ^ — ^Thcre  was  a  very  large  assembly 
^>ersons  there. 

Do  you  know  the  persons  of  any  present 
---I  do  now  knoWi  I  was  not  then  su^cientl; 
acQuainted  to  describe  them^but  smcc  I  ha 
had  means  of  knowledge. 
Do  you  know  tlic  prisoner  ?-*- Yes. 
Was  he  among  the  persons  present? — \\m 
was. 

Who  was  in  the  chair? — I  believe  a  mi 
of  the  name  of  Lovctl. 

What  passed  at  that  mcetiueF — ^Thcre  wa» 
a  letter  read  Irom  n  society  called  ihe  Fnenda 

of  tlie  People*  whi'^h  letter  eontained 

Lord  I'hicf  Justice  E\^rc, — No  matter^  y 
must  not  state  the  contents  of  the  letter. 

Mr.    Law, — Stale   any   convetsatioii   aii 
transactions  at  that  meeting  which  you 
i^ollect  by  any  pcrsoni  whom  you  have  mm 
known  to  be  members  of  the  London  Corn 
ponding  Sotieiy ;  what  was  proposed  to 
done  tlierc?— The  proposal  wa%  tiiat  tlierc 
should  be  an  addrc^. 

Have  you  no  other  rc^coUection  of  «h.il  you 
heard  read  or  spoken? — IJ  I  may  be  allowed 
tu  look  at  a  paptu  I  h^vt:  iu  my  pocket, 


is  GBOEGi:  III. 

Lord  Chief  Justice  Eyre — If  he  can  speak 
ta  any  pftrticulaTs  thai  happened  tht^re  beyond 
the  address,  and  what  is  contained  in  the  Sid- 
drsss^  to  be  sure  it  will  be  proper  to  examine 
him  to  it ;  I  believe  the  addre«>3  is  in  evidence- 
Mr.  Attorney  General, — It  hn^  not  yet 
been  read,  but  I  aio  going  to  read  it. 

Mn  JL«w.-*-Were  any  printed  papers  deh- 
^cred  at  that  meeting  i'-*-There  were. 

Have  you  any  of  them  ? — I  have,  [pruducee 
a  copy.] 

[It  was  T^idJl 

*  At  9  General  Meeting  ofifte  London  Ct»rre»- 
«  pcnidiag  Society,  held  on  tk&  Gfcen,  at 
^  bbalk  Farm,  on  Mmtday  the  141 A  of  A  fir  it  ^ 
**  1794,  J.  Lovr.TT  in  ike  Chair ^  ih^Jhikw* 
**  Wg  Lett^r^  were  read  : 

**  To  the  Chairman  of  the  Socieft^  of  the  TvitmU 
oJtliQ  Feopie, 

'*  Sir ; — At  a  crisis  ao  important  as  the  pre- 
sent there  needs  no  apobajyon  tike  part  af  the 

*  Lomden  Cerre$i\(mdin^  Soviet y^^  for  adttres*^- 
ing  itself  tt>  all  other  associated  sorintius^  wfio 
have  in  view  the  same  object  as  Ilietii^eK'es, 

«  To   the    *  SocUU/  of  the   FrientU  of  the 

*  Fe0pU,*  argumentiare  not  wanting  to  sh^w 
tiie  import^ice  and  absolute  necessity  of  a 
iyi  and  fair  representjOion  of  tlie  people  of 
Great  Britain.  They  have  investigated  ilie 
fliAject  for  themselves;  they  have  exposed  to 
the  world  a  series  of  plain  and  indieputable 
fads,  %vhich  mti&t  excite  in  the  mind  of  every 
man  well  disposed  to  hw  country,  apprehen- 
sioQs  of  alarm  for  the  security  ot  the  few  re- 
maining vestiges  of  liberty,  from  which,  as 
Brttons  wc  derive  consoiation, 

"  Deeply  impressed  with  ronsidenitions  vf 
this  nature,  tlu:  T  nnduti  rorretpunding  Society 
eamevi  me,  Ihecomrurrcnce 

anda^-  \f/ of  (hr  Fncftd%  iff 

the  Pcoj^U,  in  j^sbcnibUn^,  .i-  -i"'«".hfyas  the 
Dttlyreof  the  HuMTie«s  will  i  ' mt,  j,  Conven- 
tion of  the  V  "  ,  i,j|.  the  pur- 
poaeofobti  constitution;!! 
method,  a  tuii  ji;ii  <  ii  n, 

"  Our  request  i-s  uv[  ,  res- 

d'  >»  on  the  value  and   iniportancr  of 

tiiu  ^.j-.-,  iuT  which  wc  ar«  contending,  and 
of  the  dithctdlies  we  may  expott  from  ihu.se 
whose  present  iutcrest*  rcniltr  tbcin  hostile 
to  the  welfaru  ot  their  couutry. 

**  The  opp<*:^itiiin  of  such  [terwon*  \%  no 
aioall  ari^ument  for  the  goodness  ul  our  cuu^  ; 
and  tlieir  laic  conduit  when  ti>mparrd  with 
llheir  formcj*  [trolcshifms,  exhibits  a  depravity, 
impatalleled,  wc  tru^t,  oo  iju*  pH*»»**f  h(-t'*rv, 

*  Under  IhP.i 
we  have  lately  i 
ro;«i  ' 

/i.i.;ijiii/     4IJJM     jti  in  t  fiin  »/     ;i ->M  inf  Mfn^ 

pened  by  uncoustttutionarpwer^f  and  d 
w%  sxized. 
Wc  have  »cea  lomeof  our  mi^t 


Trmi  of  Thonva  Hardt^ 

l^rethren,  whoso  only  crime  ha^  been  anuiiv 
tatbn  of  Mr.  Prrr  aiwi  hi**  "■^-'^i'^'r*,  ««ii. 
fenced  to  fourteen  years  Irai  n,  witiK 

out  the  sanction  of  law  or  evv:.  ^ .  ,  iLcedenl, 
of  which  number,  one  wa^  held  up  la  |||e 
British  parliament  as  conptrleci  and  drndttmrni^ 
before  he  was  even  put  upon  hi»  trial. 

**  The  insidious  attempts  also  to  introdiicc 
foreign  troops  into  this  counlr},  Mic 

consent  of  parliament,  apd  the  j  :  lmII 

to  embody  foreigners  into  his  muicsiy  s  *er* 
vice,  are  measures  sutijeieullv  ralmhted  M 
awaken  our  fears  for  the  cjcim  ihe 

name  of  hberty.     Nor  can  at 

part  of  the  present  system  or  rorruouoii, 
which  maintams  out  of  the  public  ptunoir,  % 
traiu  of  spiesj  more  dangerous  to  ^'  --t"  ^^j^ 
so  many  assassins,  whose  avowcti  is 

to  destroy  Uic  frieods  of  the  coui^..;. .  .  ..^  by 
one. 

"  These  are  grievances  which  drni  md  im* 
mediate  redress,  and  when  add  <^e 

evils  which  are  necessarily  coim  nh 

every  partial  representation  of  the  peoide»  cai} 
ibr  the  strenuous  exertions  of  every  lover  of 
his  country. 

**  But  we  are  told  that  the  pre^nt  b  ool 
the  time  lor  reform,  and  that  inn*  ;iy 

introduce  disturbance.     Are  tho?-'  if> 

judge  of  the  proper  time  to  make  ■  m 

exi»*i  only  by  corruption?  Arethi  if 

Britain  to  endure  every  thin;;  wimum  re* 
pining,  without  ardently  seeking;  a  radical 
reform,  because  disturbances  may  happen? 
Have  tlie  enemies  to  relbrm  loJd  ue  wheoov 
these  dibturbauces  are  to  ori'»in-.*«*'  '  ?T.i*  « 
single  overt  act  been  com  mi U  is 

to  freedom?   Have  not  all  ti  le 

public  disturbanccA,  alt  the  seditious  asftein* 
blies  been  excited  by  the  enemies  tr>  rrfbmif 
And  do  they  mean  to  tell  us  lb  ill 

litill  find  other  instnunents  fort:  i-d 

designs;  that  they  have  yet  tho  11 

act  over  n^in  the  outmges  th.ii  ti 

f»erf ne  parts  of  Brilaiii,;incl  at- 

tcnr 

*'  it  ^iii'ji  IS  lue  detern       '^   ~    r.i--     -  ,,^ 
sons  hmtile  to  a  fair  rc]  rxi 

hiok  to  ihr.  comcqiientei^  Imh  1  it 

that  it  lias  hap|K?ncd*  anil  m  i, 

ttiat  ii.Mv-.  wtn,  kindled  the  ..*.._>  „jv# 
pen  Ain. 

'*   <  J  Is  to  rrf&rm  are  frt»  Uil^  to  nrate^ 

their  prmti|)les   can  be  y^'  "y 

pcftceabie  n^rans,  thf^y  know  w> 

tliod  of  obtaining  rl  But 

ihcy  will  not  be    '  itf  ol 

Tt^nttl  dp  '  ^'  - 

O^MM-  tb<  U 

I 'J  c\iIl.    'I  titj  ^vlil  ['.  ^imuf 

rlicv  have  betrun,  .  lejibcr 


TS7] 


fwr  High  TreatoM. 


A.  D.  119*.      V 


L78» 


llBok  widi  confidence  to  the  deierminalkm^  and 
thej  hope  to  the  co-operation  of  the  *  Society  of 
*  the  Friends  of  the  People,*  in  the  attainment 
of  an  object  which  involves  the  dearest  inte- 
lests  of  society. 

**  Convinced  also  that  their  intentions  are 
of  the  purest  kind,  they  will  never  stoop  to 
answer  the  calumnies  of  their  enemies;  but 
will  at  all  times^  and  in  all  circumstances,  en- 
devour,  by  firmness  and  perseverance,  to 
deserve  the  countenance  and  approbation  of 
the  best  friends  of  their  coiuitry,  the  friends  of 
«  Jkir  Representutiou  of  the  People  of  Great 
Britoin, — I  am,  sir,  for  the  London  Corres- 
fionding  Socie tv,    TIIO^^IAS  IIAllUY,  Sec. 

«  April  4, 1794." 

«  COMMITTEE  AOOM, 

«  Frith-street, Jprilit,  1794. 
•*  Sir ;— Your  letter  of  the  4th  instant,  ad- 
dressed to  Mr.  SuLKrDAN,  chairman  of  the 
FRIENDS  OF  THE  PEOPLE,  was  laid  be- 
foK  that  SOCIETY  at  their  meeting  on  Sa- 
tuiday  last;  and  they  instructed  their  com- 
mittee to  thank  the  LONDON  COllRES- 
PONDING  SOCIETY  for  their  communica- 
tioDy  and  to  express  the  alarm  they  feci  in 
common  with  every  Friend  of  liberty,  at  the 
late  extraordinary  pniccedings  of  Government, 
fo  ably  detailed,  and  so  justly  reprobated  by 
your  Society.  They  assure  you  that  all  the 
flriendsof  Refcrm,  may  *  look  with  confidence 
'to  the  determination  and  co-operation'  of 
this  society  in  every  peaceable  and  constitu- 
tional measure,  whicn  shall  appear  to  them 
calculated  to  promote  the  object  of  their  in- 
stitution; but  they  do  not  think  tliat  which 
is  recommended  in  your  letter,  is  hkely  to 
serve  its  professed  purpose.  They  fear  it  will 
fiimish  the  Enemies  of  Reform  with  the  means 
of  calumniating  its  advocates,  and  so  far  from 
forwarding  the  cause,  will  deter  many  from 
countenancing  that  whidi  they  approve.  For 
these  reasons,  the  Friends  of  the  People  must 
dacUiie  to  send  Delegates  to  the  convention 
proposed  by  the  Lomlon  Corresponding  So^ 
cietj: — at  the  same  time  they  renew  their 
mufances  of  good  will,  and  desire  of  preserv- 
ing a  proper  understanding  and  cordiality 
among  all  the  Friends  of  Parliamentary  Re- 
iorm,  notwithstanding  any  difference  of  opi- 
nion that  may  occur  as  to  the  best  method 
of  accomplishmg  it. — In  the  name,  and  by 
order,  of  tne  committee, 

(Signed)     •*  W.  BKETTON,  chairman." 
*To  Mr.  T.  Hardy,  Secretary'  to 
the  London  Corresponding  So- 
ciety." 

Mr.  Law, — Was  that  letter  from  the  Friends 
of  the  People  read  there  ?— It  was. 

How  was  it  received  ?  —  With  universal 

aleiKe^  I  believe ;  I  do  not  recollect  any  ap- 

^fwhatiODofit. 

•Hd  you  recollect  any  marks  of  the  con- 

'*  —  Y«^  there   was  boroe  few  fell   a 

XXIV. 


"Thefollowmg  RESOLUTIONS  were  thea 
passed  Unanimously : 

«  Resolved  Unanimously, — 1.  That  this  so-' 
ciety  have  beheld  with  rising  indignation^^ 
proportioned  to  the  enormity  of  the  evil,  t^e 
late  rapid  advances  of  des[)otism  in  Britain;  the 
invasion  of  public  security,  the  contempt  of 
popular  opimon,  and  the  violation  of  all  tnose 
provisionsofthe  Constitution  intended  to  pro- 
tect the  People  against  the  encroachments  of 
Power  and  JPrerogative . 

**  2.  That  our  abhorrence  and  detestation 
have  been  particularly  called  forth  by  the  later 
arbitrary  and  flagitious  proceedings  of  thef 
Court  of  Justiciary  in  Scotland,  where  all  the 
doctrines  and  practices  of  the  Star  Chamber^ 
in  the  times  of  Charles  the  1st,  have  bee|i 
revived  and  aggravated ;  and  where  sentences 
have  been  pronounced  fn  open  violation  of 
all  law  and  justice,  which  must  strike  deepr 
into  the  heart  of  every  man,  the  melancholy 
conviction  tliat  Britons  are  ko  longer  free. 

**  3.  That  the  whole  proceedings  of  the  late 
British  Convention  of  the  People  at  Edin- 
bursh,  arc  such  as  claim  our  approbation  and 
applause. 

**  4.  That  the  conduct  of  eitizens  Margarot 
and  GciiiiALD  in  }>articular.  by  its  strict  con- 
formity with  our  wishes  ana  instructions,  and 
the  ability,  firmness,  and  disinterested  pa- 
triotism which  it  so  eminently  displayed,  has 
inspired  an  enthusiasm  of  Zeal  and  Attach-' 
mcnt  which  no  time  can  obliterate,  and  no 
persecution  remove;  and  that  we  will  pre- 
serve their  names  engraven  on  our  hearts  till 
we  have  an  opportunity  to  redress  their 
wrongs. 

^  5.  That  any  attempt  fo  violate  those  yet 
remaining  laws,  which  were  intended  for  the 
security  of  Enelishmcn  against  the  Tyranny 
of  Courts  and  Ministers,  and  the  Corruption  of 
dependent  Judges,  by  vesting  in  such  Judges  a 
legislative  or  arbitrary  power  (such  as  has 
lately  been  exercised  by  the  Court  of  Justi- 
ciary in  Scotland)  ought  to  be  considered  as 
dissolving  entirely  the  social  compact  betweetl 
the  Enghsh  nation  and  their  Governors ;  and 
driving  them  to  an  immediate  appeal  to  that 
incontrovertible  maxim  of  eternal  justice,  that 
the  safety  of  the  people  is  the  suprlme,  and  in 
cases  of  necessity,  the  only  hw. 

*'  6.  That  the  arming  and  disciplining  in 
this  country,  either  with  or  without  the  con- 
sent of  parliament,  anv  bands  of  emigranti 
and  foreigners,  driven  from  their  own  country 
for  their  known  attachment  to  an  infamous 
DESPoi  ISM,  is  an  outrageous  attempt  to  orer" 
awe  and  intimidate  tlic  free  spirit  of  Britons ; 
to  subjugate  them  to  an  army  of  mercenary 
ciit-tliroats,  whose  viewi  and  interest  must  of 
necessity  be  in  direct  opposition  to  those  of 
the  Nation,  and  that  no  pretence  whatever 
orcHT  to  induce  the  people  to  submit  to  so 
unconstitutional  a  measure. 

"  C.  That  the  unconstitutional  project  of 
raising  money  and  troops  by  forced  bcp*— *- 

3  h 


739]         ^5  GEORGE  III. 

Icnccs  (md  no  benevolences  collected  upon 
re<|uisilion  fronv  the  king  or  his  ministers  can 
ever  in  reality  be  voluntary)  and  the  equally 
unjustifiable  measure  of  arming  one  part  of 
the  people  against  the  oUier,  brought  Charles 
the  first  to  the  block,  and  drove  James  tlie 
second  and  his  posterity  from  the  throne; 
and  that  consequently  ministers  in  advising 
such  measures,  ought  to  consider  whether 
they  arc  not  guilty  of  high  treason. 
■  "  ».  That  this  society  have  beheld  with 
considerable  pleasure  the  consistent  respect 
which  the  House  of  Lords  displayed  for  tlieir 
own  constitutional  rules  and  orders,  on  the 
4th  <if  the  present  month,  upon  the  motion  of 
Earl  Stanhope,  concerning  the  interference  of 
ministers  in  Uie  internal  government  of 
Trance ;  and  that  it  is  the  firm  conviction  of 
this  society*,  that  this  circumstance  when  pro- 
perly detailed,  will  hffro  a  considerable  effect 
m  convincing  the  country  at  large,  of  the 
true  dignity  and  utility  of  that  branch  of  HIS 

majiSty's  parliament. 

'*  9.  That  the  thanks  of  this  meeting  be 
given  to  Earl  Stakiioim',  for  his  manl^  and 
]iatriotic  conduct  during  the  present  session  of 
parliament ;  a  conduct  which  (unsupported  as 
It  has  been  in  the  senate,  of  which  ue  is  so 
truly  honourable  a  member)  has,  together 
with  the  timely  interference  of  certain  spirited 
and  patriotic  associations,  been  nevertheless 
already  productive  of  the  salutary  effect  of 
chasing  the  Hessian  and  Hanoverian  Merce- 
naries fi-om  our  coasts;  who,  but  for  these 
exertions,  might  have  been  marched  perhaps, 
ere  tliis,  into  the  very  heart  of  the  country, 
together  with  others  of  their  countrymen,  to 
have  ])Coplcd  the  barracks,  which  every 
where  insult  the  eyes  of  Britons. 

'*  10.  That  it  is  the  firm  conviction  of  thi& 
society,  that  a  steady  perseverance  in  the 
t»amc  bold  and  energetic  sentiments,  which 
have  lately  been  avowed  by  the  Friends  of 
Freedom,  cannot  fall  of  crowning  with  ulti- 
mate triumph,  the  virtuous  cause  in  which 
we  are  engaged ;  since  whatever  may  be  the 
interested  opinion  of  hereditary  senators,  or 
packed  majorities  of  pretended  representatives. 
Truth  and  IVibcrly,  in  an  age  soen  lighlene<l  as 
the  present,  must  be  luviucible  and  Omnipo- 
tent." 

"  This  Societi/  having  already  addressed  M. 
^largarot,  thc'ir  Delegate,  an  ADDRESS'  to 
JOSEPH  GKRRALD  uaa  read  as  follows, 
and  carried  unanimously, 

"  To  JOSEPH  GKRRALD,  a  prisoner  sen- 
tenced by  the  High  Court  of  Justiciary  of 
Scotland,  to  Transportation  beyond  the 
Srasfor  FOURTEKN  YEARS ^. 

"  We  behold  in  you  our  beloved  and  re- 
spected friend  rfnd  fellow-citizen,  a  Martyr  to 
tlie  G  lorious  Cause  of  Equal  Representation,and 
we  cannot  permit  you  to  leave  this  degraded 
country  without  expressing  the  infinite  obli- 
gatious  the  people  at  large,  and  wc  in  parti- 


Trial  iif  Thomas  Hardy 


[IhS 


cular,  owe  to  you^for  your  very  spirited  utt^ 
tions  in  that  cause  upon  every  occasion ;  bui 
upon  none  more  conspicuously,  than  during 
the  sitting,  of  the  British  Cokventiom  of  the- 
PEOPLE  at  Edmburgh,  and  the  consequent 
proceeding  (we  tcill  not  call  it  trial)  at  the  bar 
of  the  Court  of  Justiciary. 

<<  We  know  not  which  roost  deserves  our 
admiration,  the  splendid  talents  with  which' 
you  are  so  eminently  distinguished,  the  eulV 
ed  virtues  by  which  they  have  been  directed, 
the  perseverance  and  undaunted  firmness 
which  you  so  nobly  displayed  in  resisting  the 
wrongs  of  your  insulted  and  oppressed  coun- 
try, or  your  present  manly  and  philosophical 
suffering  under  an  arbitrary,  ana  till  of  late 
unprecedented  sentence:  a  sentence  one  of 
the  most  j^indictive  and  cruel  that  has 
been  pronolinced  since  tlie  days  of  that  most 
infamous  and  ever-to-be- detested  Court  of 
Star-Chamber,  the  enormous  tyranny  of 
which  cost  the  first  Charles  his  head. 

"  To  you  and  your  associates  we  feel  cn^ 
selves  most  deeply  indfcbted.  For  us  it  is  that 
you  arc  suffering  the  sentence  of  transporta^ 
tion  with  felons,  the  vilest  outca!>ts  of  8p» 
ciety !  For  us  it  is  that  you  are  doomed  to  the 
inhospitable  shores  of  New  Holland ;  where, 
however,  we  doubt  not  vou  will  experience 
considerable  alleviation  by  the  remembrance 
of  that  VIRTUOUS  roNDrcT  for  which  it  is  im- 
posed on  you,  and  by  the  sincere  regard  and 
esteem  of  your  fellow  citizens. 

*'  The  equal  laws  of  tliis  country  have^  for* 
ages  past,  t)een  the  boast  of  its  inhabitants ; 
but  whither  are  they  now  fled?  We  are 
animated  by  the  same  sentiments,  are  daily 
repeating  the  same  words,  and  committing 
the  same  actions  for  which  you  are  thus  in- 
famously sentenced  ;  and  we  will  repeat  and 
commit  them  until  we  have  obtained  redress ; 
yet  wc  are  unpunished !  either  therefore  the 
law  is  unjust  towards  you  in  infiictins  Pm- 
nishtftent  on  the  exertions  of  Virtue  and  laUmti^ 
or  it  ought  not  to  deprive  us  of  our  short  in 
the  ouiRY  of  the  Marti/rdom. 

**  We  again,  therefore,  pledge  ourselves  to 
you  and  to  our  country,  never  to  cease  dt« 
mandinL;  our  rights  from  those  who  hsLvm 
usurped  thorn,  until  having  obtained  an  Equal 
Representation  of  the  People,  we  shall  be 
enabled  to  hail  you  once  more  with  triumph 

to    your   native  country. We    wish    yoo 

Health  and  Happiness;  and  be  assured 'w« 
never,  McrtT  sliall  forgci  your  Name,  your  Vw 
tues,  nor  your  Great  Example. 

"  The  London  Corresponding  Society. 
«  JOHN  LOVETT,  Chairman. 
«  THOMAS  HARDY,  Secretary. 
"  The  14th  of  April,  1794." 

**  It  was  also  unanimously  resolved^ 

"  That  the  Committee  of  Correspondence 
be  directed  to  convey  the  approbation  of  tlus 
society — 1.  To  Archibald  Hamilton  Rowao, 
prisoner  in  the  Newgate  of  the  ci^  of  Dub*. 


741] 


for  High  I^easonl 


A.  D.  179*. 


[742 


liny  for  his  tmahaken  attachment  to  the  peo- 
flBf  and  for  his  spirited  assertion  of  tneir 
nghts. 

«  8.  To  John  Philpot  Curran  for  his  admi- 
mble  and  energetic  defence  of  A.  H.  Rowan, 
and  the  principles  of  liberty,  as  well  as  for  his 
patriotic  conduct  in  parliament. 

**  S.  To  the  society  of  United  Irishmen  in 
Dublin,  and  to  exhort  them  to  persevere  in 
their  exertions  to  obtain  justice  for  the  people 
of  Ireland. 

**  4.  To  Skirving,  Palmer,  and  Muir,  suf- 
fering the  same  iniquitous  sentences,  and  in 
the  same  cause  witli  our  delegates. 

■"  To  John  Clarke  and  Alexander  Reid,  for 
their  so  readily  and  disinterestedly  giving  bail 
for  our  delegates,  instigated  thereto  solely  by 
their  attachment  to  liberty,  uninfluenced  by 
any  personal  consideration. 

"  6.  To  Adam  Gillies,  Malcolm  Laing,  and 
James  Gibson,  for  their  able  assistance  given 
to  Joseph  Gerrald,  at  the  bar  of  the  high 
Court  of  Justiciary  at  Edinburgh. 

**  T.  To  felicitate  Thomas  Walker,  of  Man- 
chester, and  the  people  at  large  on  the  event 
of  his,  as  well  as  several  other  late  trials,  and 
on  the  developcment  of  the  infamy  of  a  sys- 
tem of  spies  and  informers. 

**  8.  lo  sir  Joseph  Mawljey,  for  his  manly 
eonduct  at  the  late  surreptitious  meeting  held 
It  Epsom  in  Surrey. 

"  It  was  also  unanimously  Resolved,— That 
two  hundred  thousand  copies  of  the  Prooecd- 
io(^  aod  Resolutions  of  this  meeting  be  printed 
and  published. 

"J.  LOVEIT, Chairman. 
"  T.  HARDY,  Secretary. 

**  Resolved, — ^That  the  thanks  of  this  meet- 
ing! be  given  to  the  Ohnirman,  for  his  manly 
93M  impartial  conduct  this  day. 

"  T.  HAUDV,  Secretary/' 

Mr.  Itnt.  With  whom  did  you  go  to  this 
meeting?— I  went  from  a  place  in  Store-street, 
Tottenham-court- road,  a  good  pait  of  the  way 
with  Mr.  Thelwall. 

How  came  you  to  know  that  the  meeting 
wis.to  be  held  at  Chalk  Farm  ?  Had  you  any 
reason  lo  expect  it  to  be  held  at  any  other 
plaeef — I  had  reason  at  f>rst  to  believe  it 
would  be  held  in  Store-street. 

Was  the  change  of  )>lace  intimated  to 
you  ? — Not  till  after  I  got  to  Store-street. 

Who  told  you  it  was  to  be  at  Chalk  Farm  ? 
—Thelwall. 

Did  he  tell  you  why  it  was  given  out  to  be 
held  in  Store-street? — If  I  recollect  right,  he 
tM  me  the  reason  given  out  of  its  bcinj^  to  be 
held  in  Store-street  was,  an  imagination  of 
the  magistracy  interfering  to  prevent  the 
ftoedng. 

Were  there  any  written  or  printed  papers 
g^g  notice  at  Store-street,  informing  per- 
MQt  the  meeting  would  be  held  at  Chalk 
fcmf— Yes^  a  written  notice  of  it  put  upon 


Who  proposed  Mr.  Lovett's  being  put  in 
the  chair?— 1-  cannot  say. 

Who  were  the  principal  persons  who  spoke 
and  acted  in  that  meeting? — Mr.  Lovett,  Mr. 
Richler,  Mr.  Thelwall,  Mr.  Hodson. 

Did  Mr.  Thelwall  make  a  speech  at  that 
meeting  ?— ^Two  or  three. 

Do  you  recollect  any  thing  particular  in 
cither  of  those  speeches  respecting  spies  or 
informers? — ^There  was  a  clamour  went  round 
that  there  were  spies  and  informers  thereof 
Mr.  Thelwall  was  for  admitting  all  spies  and 
informers  there,  because  the  number  of  the 
members  of  the  London  Corresponding  So- 
ciet;^,  could  be  no  agreeable  news  to  the 
minister. 

Who  read  the  resolutions?— I  think  Mr. 
Richter. 

Do  you  remember  any  objection  being 
made  to  the  words  ^  a  British  Senate,'  in  one 
of  those  resolutions? — I  think  there  was. 

By  whom  was  that  objection  made?— I 
cannot  tell. 

Do  you  recollect  Mr.  Thelwall  saying  any 
thing  upon  that  subiectf — As  far  as  my  be- 
lief goes,  I  can  say,  out  no  farther. 

Atler  that  meetme  was  over,  where  did  you 
adjourn  to ;  where  did  you  spend  your  even- 
ing; do  you  recollect  any  thing  particular 
that  Mr.  Hardy  said  or  did  at  that  meeting  f 
— ^I  only  recollect  Mr.  Hardy  speakinz  three 
words :  Mr.  Richter  was  readine,  ana  in  the 
midst  of  his  reading  he  stopt  snort  to  make 
some  observations  of  his  own ;  Mr.  Hardy, 
who  stood  below,  said,  looking  up  to  him, 
*  read.  Sir,  without  comment';  that  was  all  he 
said,  and  that  is  the  whole  I  recollect  of  Mr. 
Hardy's  saying  any  thing  at  all. 

Lord  Chief  Justice  JL^yrc— What  was  Richter 
reading  at  that  timeP — ^The  paper  that  has 
been  just  read. 

Lord  Chief  Justice  Eyre. — Which  of  those 
papers  ? — ^The  address  of  the  London  Corres- 
ponding Society. 

Lord  Chief  Justice  Eyre. — ^The  cencral 
address;  the  address  to  Margarot;  or,  Uic  ap- 
probation of  Hamilton  Rowan,  and  the  restf 
—•I  mean  the  general  address. 

Mr.  Law, — Do  you  remember  any  mention 
of  a  future  meeting  to  be  held  of  the  society  ? 
— ^There  was  a  talk  of  a  meeting  to  be  called 
again  soon. 

Do  you  recollect  who  mentioned  that  ? — 
No. 

After  the  business  of  the  day  was  over, 
where  did  you  adjourn  to  for  supper? — I  v;ent 
to  the  division  room  in  Compton- street. 

Were  suppers  provided  at  other  divisions  ? 
— ^I  do  not  know,  I  never  went  to  any  but  my 
own  division. 

Who  >fras  chairman  ? — Mr.  Thelwall. 

Do  you  recollect  any  remarkable  language 
used  by  Thelwall  during  supper,  or  in  the 
course  of  that  evening? — I  heard  soroetiiing 
which  very  much  astonished  me. 

What  was  it? — Thelwall  said,  taking  up  a 
pot  of  portei  in  hit  band,  whuh  had  Um^  -'- 


US]         35  GEORGE  UL 

Uvcred  him  bv  some  waiter  or  somebodvy  lie 
Blew  off  tlie  head  of  the  porter,  and  said  this 
is  the  wav  I  would  have  all  kings  served,  or 
this  is  toe  way  J  would  serve  ail  JlungSy  I 
know  not  which. 

But  one  or  other  of  those  expressions  you 
are  certain  to  ? — One  or  other  I  am  certain  of. 

Was  there  any  particuhur  toast  given? — 
Yes. 

What  was  that  toast  ?— The  lantern,  at  the 
end  of  Parliament-street 

The  lamp-iron? — Yes,  I  beg  pardon,  the 
lamp-iron,  at  the  end  of  Parliament-street. 

Did  he  call  upon  any  body  else  for  another 
toast  ? — He  called  upon  somebody  to  cover  it. 

What  was  it  covered  with? — Somebody, 
whom  I  know  not,  in  the  further  end  of  the 
room,  cried  out,  the  Treasury-bench. 

Were  those  toasts  drank  by  the  persons 
then  assembled  ? — ^They  were. 

And  the  persons  assembled  consisted  of 
members  of  that  division  of  the  Corresponding 
Society  ? — Yes,  I  should  believe  tliat  no  visi- 
tor was  there  that  night. 

Do  you  know  a  person  of  the  name  of 
Green  ? — Yes. 

•  Is  he  a  member  of  the  Corresponding  So- 
ciety ?--Yes,  he  was  at  that  time. 

What  conversation  had  you  with  him  at  the 
time  he  was  a  member  of  the  Corresponding 
Society,  respecting  universal  suffrage,  and  an- 
nual parliaments  ?-— That  was  not  m  the  divi- 
sion ruom. 

What  did  he  say  respecting  the  general  ob- 
ject of  their  plan,  what  they  aimed  at  attain- 
mg?— lie  once  said  to  me  that  annual  par- 
liaments and  universal  suffrage  were  only 
ladders  to  obtain  their  ends,  or  words  to  that 
sA'ect 

Was  he  of  the  same  division  with  yourself? 
—He  was. 

Where  was  it  ? — In  a  place  called  the  cof- 
fee-room, before  you  go  into  the  division 
room. 

One  of  the  Jury. — Was  it  that  same  even- 
ing you  have  been  speaking  of? — No,  I  am 
not  speaking  of  that  same  evening. 

Mr.  Lua\ — Where  is  the  house  in  which 
this  passed  ? — No.  3,  in  Compton-street,  Soho. 

Did  he  say  any  thing  respecting  the  use 
parliament  was  of? — Yes. 

Lord  Chief  Justice  Eyre. — Was  there  any 
body  else  present,  or  was  that  a  conversation 
between  you  two  only  ? — Between  us  two, 
there  were  several  other  people  in  the  place 
called  the  coi^ee-room. 

liord  Chief  Justice  Kyrc. — Were  they  near 
enough  to  hoar  this  conversation  ? — I  do  not 
think  any  one  was. 

Mr.  Lira. — Did  Green  show  you  a  knife  of 
any  particular  construction?—!  ii.U!»t  explain 
that  by  sometliing  which  happened  previous 
to  it.  At  the  meeting  at  Chalk  Farm,  there 
was  a  kind  oi  shed  in  which  we  were  all  sit- 
ting previous  to  the  commencement  of  the 
busmess,  and  there  was  a  bit  of  bread  and 
cheese  and  some  porter  brought:  1  was  aii- 


[744 


Trial  qf  Thomas  Hmtdy 

tinff  with  half  a  dozen  or  ten  in  the  u— ^  »««, 
audi  was  surprised  by  five  or  six  of  tbom 
pulling  out  little  instruments  exactly  coire^ 
ponding  with  each  other. 

Lord  Chief  Justice  JE^re.— What  sort  of  an 
instrument  ? — I  mean  a  sort  of  thing  called  a 
amtcnu  secret,  a  French  knife. 

Mr.  Law, — Describe  the  form  of  them, 
have  you  got  one  of  them  ? — I  have  not. 

Have  you  seen  a  French  knife  ?— Yes,  there 
is  a  spring,  so  that  when  the  blade  is  put  out, 
unless  you  imdo  that  spring  it  cannot  close. 

Were  they  fixed  like  a  common  case  knife  ? 
— Exactly ;  and  unless  the  spring  fails,  the 
person  cannot  cut  himself  by  its  flyine  back. 

You  observed  several  of  them  wi£  those 
knives?— I  think  five  or  six. 

You  do  not  recollect,  I  believe,  who  the 
persons  were  that  were  using  them? — ^Yes, 
one. 

Who  was  that? — His  name  was  Pearce. 

Having  seen  these  knives  when  in  company 
with  Oreen,  and  he  was  making  this  declara- 
tiou,  did  you  apply  to  him  about  a  knife,  or 
did  he  show  you  a  knife  of  that  same  con- 
struction?— It  was  in  consequence  of  the  con- 
versation I  learned ;  when  I  saw  five  or  six  of 
thorn  with  knives  of  the  same  description,  an 
observation  was  made  by  one  of  the  company 
that  they  were  bread  and  cheese  knives,  and 
upon  that  observation  there  was  a  smile;  I 
looked  upon  them  as  harmless  instruments 
certainly. 

Did  you  learn  from  Green  what  number  of 
these  knives  he  had  sold  P— I  asked  where 
they  were  to  be  bought,  and  I  was  told  I 
might  get  them  of  Mr.  Green;  I  asked  where 
Mr.  Green  lived,  they  told  me  in  Orange- 
street;  there  was  a  man  from  Sheffield  in 
the  box  whose  name  I  do  not  recollect,  his 
person  I  well  know. 

Lord  Chief  Justice  Eyre. — Did  you  know 
where  Green  lived  at  that  time  ? — ^I  did  not, 
I  asked  where  they  were  to  be  bought ;  one 
of  the  company  said  at  Mr.  Grcen*s ;  I  asked 
where  he  lived ;  they  said  he  was  a  perfumer 
and  hair-drebscr  in  Orange- street,  Leicester- 
fields. 

Did  you  go  to  buy  one?— In  about  a  week 
after  I  did. 

Did  you  learn  from  Green  what  number  of 
these  knives  he  had  sold  ? — I  think  he  said 
two  or  three  hundred ;  Mr.  Green  told  me  to 
speak  very  low,  for  the  parlour-door  was  open 
which  was  adjoining  the  shop,  and  he  smiled 
and  said,  for  my  wite  is  a  danmed  aristocrat. 

Did  you  attend  afterwards  a  meeting  of 
your  division,  which  I  think  was  No.  3,  in 
Compton-street,  on  the  28th  of  April  ? — I  can- 
not recollect  exactly  the  day,  but  I  believe  I 
attended  regularly. 

Do  you  recollect  any  observation  made  by 
Pearce,  respecting  those  knives,  and  the  use 
and  com'cnience  of  them  ? — ^At  the  meeting 
at  Chalk-famv  he  did. 

What  did  ha  say  about  Ihi 
these  knives^-He  i^  if 


aaw  uMns  one  oi 


thitm  Hicy  will  not  flj  biuk,  or  worUs  to  tiial 

■     u  you  arc  sure  vou 
I .  cs  at  Cbaiic-rarm? 
i  tJjere  was  a  niuii 
ffi  I  fault  very  much 

Wh^t  wa-  tic  found  with  them? — 

Thiit  tlicy  \^^.^     ..^iu  m  a  bunghug  manntT, 
Ihftt  they  were  not  eqiuil  to  those  mmle  At 

Did  his  nieniion  ^mt  there  were  tnuny 
otliers  of  a  similar  cunstructiuti  made  at  Shcf- 
lield  ?— He  did. 

You  say  yiiu  da  not  recollect  the  day  of  t lie 
luoiah?— No, 

Were  you  present  at  any  meetlngg  when 
any  subscription  was  made  for  doctor  liod- 
!«>n? — Yes. 

Where  was  any  subscription  for  this  doc- 
tor Ilod^on  propifsi^Hl  when  you  were  present  ? 
^r-^  t'      •; vision. 

c  collect  when  that  was?^ — I  do  not 
rtL — v^.  ..ic date  of  Uiat* 

Was  »uch  a  subscription  proposed ?^Tlverc 
wia* 

Was  any  thing  collected  under  that  sub^ 
scription  f — That  t  cannot  say»  I  think  to  the 
coatmry ;  I  think  they  said  he  had  been  re- 
heved  :  I  ;tm  bound  to  speak  the  truthi  and 
ll '  iijsl  certainly  add  this  to  it,  that 

til!  lion   for  relief  was  rejected  on  the 

UTouud  ut  llj«5  violence  of  that  person's  con- 
iTtict^  und  I  think  there  was  another  reason  if 
is  r»jght ;  he  was  not  considered 
r  ot  the  London  Corresponding 
Socif  IV. 

X  believe  you  were  present  at  the  dinner  at 

i  Crown  and  Anchor-tavern,  on  the  second 

fMay?— I  was, 

rwi^if*  I  -o  to  that,  I  will  just  ask  you  as 
mg  at  an  ciirher  period,  the  SSth 
17Q4.       Do  you  recollect  being 
fi  1  diviiion-meetnig,  when  any  a£ 

dn  I  Stockport  was  read? — Yes. 

h live  vou  that  address  about  you?^ — I  da 
not  think  I  have. 

Lord  Chief  Justice  E^e, — What  day? — In 
the  fiionlh  of  t'ebniary. 

:  *  '  — Can  you  ascertain  at  what  part 
G.  iJiP^No, 

s^  itar.  waj»  the  number  of  yoiir  EivtsioD?-- 

♦so.  !2. 

1  thought  that  had  been  the  number  of  the 
htmmf — dumber  three  was  the  number  of 
Ibt  Jmnjs«,  No.  2,  the  number  of  the  division. 
^  Look  at  tlml  paper,  and  say,  whether  that 
jHbt  paper  that  wsu*  read  st  the  meeting  in 
Miuarj  l«ftt,  at  your  dtvi;tion?^This  paper  i 
«m  ^my  sure  was  delivered ;  I  need  not  k)ok 
<:onlciit%  becittae  there  ire  my  initials 


[Tt  was  retd.] 

**  UIGIiTS  OP  SWINE; 

**  4n  Address  toihi  Poor, 
**  Printed  hi  the  year  17^4* 
Julie  wiU  ihm  mine  opinion. 


*'  Ilsrd  indeed  nmstbe  tlie  heart  which  is 
unaflectcd  with  ihc  present  distress  experir 
cnccd  by  tlie  poor  in  general  in  this  commer- 
cial nation.  1  housands  of  honest  and  indus- 
trious i»euple  in  Grrat  Britain  arc  hteraliy 
starving  for  want  of  bread  ;  and  the  cause  in- 
variiihiy  assigned  is  a  stagnant  commerce. 
My  opinion  on  this  subject  will  perliapb  ap. 
pear  to  some  a  strange  phenomena— it  is,  that 
a  stagnant  commerce  is  not  the  real  cau^^e  of 
the  waiTl  of  llie  necessaries  of  life  among  the 
laborious  poor.  And  I  am  confident,  that> 
while  the  *  Earth  yields  her  increase/  there  ii 
a  method  founded  on  JusritE  and  Reasow^ 
to  prevent  the  poor  from  wanting  bread,  be 
the  stite  of  trade  whatever  it  mav. 

"  In  the  first  place,  then,  I  will  ask,  what 
are  the  principal  sources  of  human  subsist-       • 
ence  ?    Certainly  corn  and   grass.    Corn  is        \ 
moulded  into  many  shapes  for  the  use  of  man- 
but  chiefly  into  bread,  which  is  the  staff  of        | 
hfe;   and    from  gra**s,  we  derive  our  flesh, 
milk,  butter,  cheese,  ^c.  besides   wool  and 
leather,  which,  I  think,  with  the  addition  of       ' 
coal,  and  a  few  other  minerals  nearly  rtkake  up 
the  real  necessaries  of  life,  ' 

'^  I  a.^k  again  then,  who  is  so  infatuated  as 
to  say,  that  the  growing  of  corn  or  grass,  is 
dependent  on,  or  connected  with,  the  pros- 
perity or  adversity  of  trade  ?  Certainly  (thank 
Heaven !)  they  are  not  aftected  by  the  devour- 
ing swurd,  or  ruined  commerce  (except  at  the 
seat  of  war,) — t^'orn  grows  not  in  the  loom^ 
nor  grass  upon  the  anvil  [  Why  is  it,  tlien,  | 
that  while  there  is  plenty  of  bread  the  poor 
arc  starving?  Is  there  nul  a.^  much  grain  in 
the  land  as  when  the  trade  flourisljed  ?  Sup- 
pose trade  were  to  rise  immediately  to  an 
amazing  degree,  would  it  make  one  grain  of 
corn  or  blade  of  grass  ?  Certamly  not.  Whv 
tlicu,!  ask  again,  are  the  poor/who  are  the 
peculiar  care  of  Htm  who  dclig;ht3  to  do  his 
needy  creatures  good,  not  satisfied  with  tlic 
good  of  the  land  f 

"  The  tbllowing  reasons  are  at  least  aatls- 
factory  to  myself  t^ — Because,  in  the  time  of 
national  prosperity,  house  and  land  rent  (con- 
sequently provisions)  are  always  raised  by  th<! 
wealthy  and  voluptuous,  till  they  are,  at  least, 
at  par  with  high  wages;  but,  when  Wab,  or 
any  other  cau^c,  has  ruined  or  impeded  com* 
merce,  and  reduced  wages,  rtnit  and  prtmi^ 
iionM  remain  unabated.  The  poor  callko- 
weavers  in  the  vicinity  of  Manchester,  noto- 
riously illustrate  this  argument,  as  they  are 
now  (they  who  can  get  auy)  working  for  fifty 
and  sixty  per  cent,  less  wageithao  at  this  time 
two  years  back,  and  the  oecoearies  of  life  are 
rather  augmented  in  their  prices  than  dimi* 
nished ! !  [ 

"  Hearken,  O  ye  poor  of  the  land  I  While 
great  men  have  an  unbounded  power  to  raiiie 
tketr  renta  and  yamr  (iroviiionlk-^-audr  at  Ibe 
same  time,  an  uocdntrolkd  (power  to  make 
Wer^  and  cotifceqoeotly  todry  op,  or  diminifth, 
tke  sources  of  jour  iacome,  your  aubsistcwte 
vili,  at  the  beft^  be  precsnoii%  iod  your  rvtj 


7471 


35  GEORGE  UI. 


Trial  of  Thotnas  Hardy 


[748 


existence  often  miserable !— The  present  want 
of  bread  amongst  the  poor,  is  not  owin^;  to 
the  want  of  gnun  in  the  world,  nor,  I  presume, 
in  this  land,  but  owing  to  the  price  of  it  being 
excessively  above  the  price  of  labour.  When, 
therefore,  the  price  of  labour  cannot  be  brought 
up  to  the  rate  o{  provisions,  provisions  should 
he  reduced  to  the  rate  of  labour.  Till  this  is 
practicable,  the  poor  are  miserable ! 

"  During  the  last  twenty  years,  mechanical 
wages  have  been  varied,  according  lo  circum- 
•lances,  several  times,  and  not  unusually  in 
some  branches,  twenty,  thirty,  forty,  and  even 
fif^  per  rent  — I  mean  on  the  lowering,  as 
well  as  the  rising  side  of  the  medium.  But, 
withrezard  io  iand-rent,  its  variations  have 
always tiecn  progressive;  and  to  find  a  single 
instance  to  the  contrary,  would  be  almost,  if 
not  altogether,  impossible ! 

**  It  requires  but  little  sagacity  to  see,  that 
the  Game  Laws,  Kiot>act,  Laws  against 
Vagrants  and  Felons,  &c.  &c.  are  made 
chifcfly  for  the  security  of  the  rich  against  the 
depredations  of  the  poor.  Hut  what  security 
have  the  poor  afpiinst  the  oppression  and 
extortion  of  the  rich  f  CcrUiinly  none  at  all. 
As  every  comfort  of  life  is  derived  from  land, 
and  as  the  rich  are  the  proprietors  thereof,  it 
nay  in  some  sense  be  said,  that  tliey  hold  the 
issues  of  life  and  death;  and,  whilst  they  can, 
uninterruptedly,  raise  their  rents  without 
limitation  or  restraint,  they  have  an  alarming 
and  unbounded  power  over,  not  only  the 
happiness,  but  even  the  lives  of  the  great 
mass  of  the  people — the  poor  ! 

"  If,  then,  statesmen  have  a  right  to 
advance  their  lands  in  times  of  prosperity, 
the  poor  ought  to  have  a  parliament  ot  their 
itwn  choosing,  invested  with  power  to  reduce 
them  in  days  of  adversity.  This  balance  of 
power  between  the  rich  and  the  poor^  would 
DC  productive  of  a  thousand  times  more  con- 
solation to  this  nation,  than  the  chimerical 
nonsense  of  court  jugglers,  *  the  balance  of 
*•  poacr  in  Europe?  Korean  1  imagine  that 
any  judicious  person  would  call  such  a  power 
in  parliament  unjust  or  irrational,  which, 
when  exercised,  could  niiu  none,  but  bless 
millions !  If  it  would  be  cruel  to  make  a 
statesman  of  twenty  thousand  pounds  per 
annum,  live  a  year  or  two  upon  ten  thousand ; 
how  much  more  remorseless  is  it,  to  make 
the  Spitalfield  and  Norwich  weavers,  as  well 
as  some  hundred  thousands  more,  live  upon 
nothing— or,  what  is  little  better,  upon  cha- 
rity !  /  /  Besides,  it  is  a  curious  truth,  that 
the  very  article  which  ruins  hundreds  of  the 
voluptuous  great,  would  render  happy  the 
innumerable  unhappy  part  of  mankind  ! 

Great  God!  What  spectacle  so  aflecting 
to  a  reflecting  mind  as  Great  Britain  in  her 
present  state !  On  the  one  hand,  we  see  the 
impudent  nobles  advertising  their  ''  Grand 
Dinners*'  in  the  very  face  of  the  hungry 
poor,  whom  they  have  ruined ! !  On  tlie 
other  hand,  widows,  orphans,  and  others  are 
weeping,  and  often  dying  for  want  of  brefid  I 


What  can  be  more  odious  in  the  sight  of 
heaven,  than  feast  and  famine  in  the  same 
nation  ?  Yet  this  is  literally  the  case  in  this 
kingdom,  at  this  moment,  and  not  only  in  the 
nation,  but  in  every  town,  in  every  street,  yea, 
often  under  the  very  same  roof! 

"  Open  your  eyes,  O  ye  poor  of  the  land ! 
— in  vain  are  your  hands  and  your  mouths 
open  !  Do  you  not  see  how  you  are  cajoled 
and  degra((ed,  by  the  paltry  siibscriptkinft 
made  for  you,  at  difterent  times  and  in  various 
parts  of  the  nation ;  which  serve  only  to  make 
your  slavery  more  servile,  and  your  misenr  of 
lon^r  duration  ?  I  revere  generous  subscribers 
and  collectors,  but  I  scorn  the  means!  Ye 
poor,  take  a  farther  look  into  your  rights,  and 
you  will  see,  that,  upon  the  principles  of 
reason  and  justice,  every  peaceable  ana  useful 
person  has  a  right,  yea,  a  '*  Divine  Right  ** 
to  be  satisfied  with  the  gtxx)  of  tlic  land ! 
Besides,  is  it  not  monstrously  provoking  to 
be  robbed  by  wholesale,  and  reheved  by 
retail!  Look  again,  and  you  will  see  that 
public  collections,  subscriptions,  and  charities, 
are  nothing  more  than  the  appendages  of 
corruption,  extortion,  and  oppression  !  if  tht 
benevolent  Father  of  the  universe  did  not 
send  amongst  mankind  provisions  enough, 
and  more  than  enough,  such  is  the  waste  of 
the  great  and  the  gluttonous,  that  many  of 
you  poor,  would  get  none  at  all !  Say  not, 
therefore,  ye  oppressed,  "  there  ii  a  famine^  or 
scarcity  of  provisions  in  the  land  /  '*  *  It  would 
be  false.  The  land  contiins  plenty ;  and  if 
provisions  were  (as  they  ought  to  be)  re<hiced 
to  your  wages,  you  would  enjoy  your  unques- 
tionable rijjlit,:i  comfortable  sutllciency. 

"  But,  besides  the  destruction  of  your 
trade,  ami  the  means  ot'  subsistence,  you  have 
the  mortification  to  see  your  bread  eaten  by 
dragoon  and  huntini:;  horses,  spaniels,  Stc. 
and  your  parental,  affectionate,  loving,  provi- 
dent and  tender  guardians,  can  give  you  a 
good  reason  why — it  is  their  own  ! 

"  Hearken !  O  ye  poor  of  the  land  I  Do 
you  fret  and  whine  at  oppression—*  yes  '— 

*  Then,  as  ye  do,  so  did  your  fathers  before 

*  you  * — and,  if  you  do  no  more,  your  children 
may  whine  after  you !  Awake  I  Arise  !  arm 
yourselves — with  tnith,  justice  and  reason — 
lay  siet^e  to  corruption ;  and  your  unity  and 
invincibility  shall  teach  your  oppressors  ter- 
rible things  I  Pursue  the  Representation  of 
your  Country — claim,  as  your  inalienable 
right.  Universal  Suffrage,  and  Annual  Parlia- 
ments. And  whenever  you  have  the  gratifi- 
cation to  choose  a  representative,  let  him  be 
from  among  the  lower  order  of  men,  and  he 
will  know  now  to  sympathize  with  you,  and 
represent  you  in  character.  Then,  and  not 
till  then,  siiall  you  experience  universal  Peaca 
and  incessant  Plenty. 

"  A  FRIEND  TO  TUE  POOR, 
"  Stockport,  Jan,  5, 1704/' 

Mr.  Law.-^l  think  you  say  you  were  m* 
sent  at  iho  diuMratthoCrowBaiiffAiinor 


719] 


'Jot  High  Treason. 


A-  D.  1794. 


[750 


on  the  Snd  of  May?— I  was,  if  that  was  the 
dav  the  dinner  was  had. 

Were  you  admitted  by  any  ticket? — I  was. 
:  Who  himished  you  with  that  ticket  ?— The 
preceding  evening,  between  the  hours  of  nine 
alid  ten,  Mr.  Hardy  came  to  my  house,  and 
brought  me  a  ticket ;  I  think  7$.  6d,  marked 
on  it.  I  put  my  hand  in  my  pocket  thinking 
I  was  to  pay,  he  said  no,  there  is  nothing  to 
pay  for  this  ticket. 

By  whom  did  you  understand  those  tickets 
were  given? — I  had  no  conversation  with 
him  upon  that  subject  at  all. 

Lord  Chief  Justice  IJyr«.— At  what  time 
did  he  bring  it  to  you  ?— Between  the  hours 
of  nine  and  ten  o'clock. 

Lord  Chief  Justice  ly^.—Wherc  ?— In 
Crown-court,  Covent-garden. 
■  Mr.  Lmo, — ^This  was  a  meeting  of  the 
Constitutional  Society? — I  understood  it  to 
ha  a  meeting  of  the  Constitutional  Society 
with  a  certain  number  of  the  Ix)ndon  Corres- 
poDding  Society,  who  were  invited  to  that 
dinner,  and  Mr.  Hardy  brought  me  a  ticket 
unknown  and  unexpected. 

Did  you  ^o  as  a  member  of  the  Corres- 
ponding Society  i-^l  did. 

Do  you  know  what  number  of  those^ckets 
were  delivered  out  for  the  Corresponding 
Society?— I  think,  if   I    may  presume   to 


Do  you  know  what  number  of  the  Corres- 
ponding Society-  there  were  there  that  were 
Mt  members  of  the  Constitutional  Society  ? — 
I  think  1  may  say  twenty. 

Do  you  recollect  before  dinner  any  news 
coming  of  any  particular  public  event,  and 
what  was  said  m  the  society  upon  that? — 
There  was  some  news  of  some  public  event. 

Was  it  good  or  bad  news  to  tnis  country  ? — 
I  understCKKi  it  to^be  very  bad  news. 

In  the  Constitutional  Society,  and  in  this 
asiembly,  consisting  of  members  of  both 
aocieties,  was  there  any  joy  shown,  or  other- 
wise?— There  seemed  universal  satisfaction, 
and  it  was  carried  about  the  room  seemingly 
with  great  eagerness. 

Was  there  any  song  sung  that  you  recollect 
by  the  name  of  the  Free  Constitution? — It 
ivas  delivered  to  me  before  dinner  in  a  room 
mdjoinin^  the  dinner-mom,  by  a  person  who 
<lelivered  tiiem  round  to  all  the  people  Iherc, 
as  far  as  they  could  go,  I  believe. 

Did  you  see  any  papers  of  any  sort  laid 
'Upon  the  plates  in  the  room? — I  recollect 
now  there  was  a  paper  on  the  plates. 

Was  it  of  the  same  sort  with  the  one  you 
lave  stated  to  have  been  delivered  in  the 
cmter  room  ? — I  cannot  say. 

Lord  Ctiief  Justice  £i^re. — Have  you  got  it  ? 
*— I  have  not. 

Mr.  Juiw. — You  cannot  sav  whether  the 
poper  laid  on  the  plate  was  tlie  same  as  the 
MJ^  or  not.^— I  cannot. 

Who  was  in  the  chair  at  that  dinner  ?— I 
lM4iptood  Mr.  Home  Tooke*-Nu,  I  believe 
%.l|r.  Wharton,  and  even  in  timl  I  do. not 


know  that  I  am  correct,  but  I  tMnk  so,  Mr. 

Wharton 

Was  Mr.  Home  Tooke  there  ? — He  was. 
Do  you  know  lord  Daer?---!  do. 
Mention  the  names  of  any  persons  you 
particularly  remember  to  have  "been  present? 
— Mr.  Home  Tooke,  Mr.  Wharton,  a  gentle- 
man whom  I  saw  in  court  just  now,  of  tlie 
name  of  Bircliall,  Mr.  Sharp,  whom  I  have 
known  many  years,  an  engraver ;  there  were 
several  members  of  the  Loiulon  Corresponding 
Society. 

Do  you  know  Mr.  Frost?— Yes;  he  wa» 
there,  and  he  sat  close  to  Mr.  Tooke. 

Lord   Chief  Justice    Eyre, — Wert    those 
memlicrs  or  viators  ?-— I  cannot  undertake  to ' 
say,  I  did  not  belong  to  the  Constitutional 
Society. 

Mr.  Law.^Was  Mr.  Hardy  there?— Mr. 
Hardy  was  tlicre. 
Do  you  know  Thelwall  ? — He  was  there. 
Richter?— Yes. 
Lovett  ? — He  was  there. 
Was  Moore  there  ? — ^Yes. 
Fearce  ?— Yes. 
Was  Jones  there  ? — Yes. 
He  was  a  member  of  the  London  Gorrc8« 
ponding  Society  I  believe  ?— There  are  several 
Jones's. 

Lord  Chief  Justice  JEyre.— Docs  much  turn 
upon  the  names? 

Mr.  Lav— No. — What  songs  were  naag, 
do  you  recollect?  do  you  know  a  song  by  the 
name  of  Ca  ira  f — ^That  was  not  sung  as  I 
recollect,  but  the  moment  the  company  got 
into  the  room,  the  music  struck  up  Ca  ira. 

Before  dinner  are  you  speaking  of? — I 
think  all  the  time  wc  were  at  dinner ;  I  think 
it  played  Ca  Jra  almost  from  beginning  to 
ena ;  it  was  encored  time  after  time. 

Do  you  recollect  the  music  of  any  other 
song  that  was  played  ?— Yes,  the  Marscllois 
march— the  Carmagnol. 

Did  the  company  seem  to  be  pleased  with 
the  music,  did  it  meet  with  "any  applause? — I 
never  heard  such  an  universal  din  of  appro- 
bation in  the  course  of  ray  life ;  it  was  nothing 
but  a  scene  of  clamour,  tor  I  do  believe  most 
people*s  hands  smarted,  and  their  ears  ached. 
Do  you  recollect  any  particular  toast  drank 
after  dinner  ? — I  do  not. 

Do  you  recollect  none  of  the  toasts?— I 
cannot  charge  my  memory. 

Do  you  recollect  any  particular  address  that 
was  made  to  the  company  then  present,  by 
Mr.  Home  Tooke?— That  I  do. 

State,  as  far  as  you  can,  the  words,  if  not 
the  words,  the  substance  of  that  address? — I 
will;  some  time  after  dinner  Mr.  Home 
Tooke  f^ot  up,  and  silence  was  called,  and  he 
prefaced  his  address  by  an  observation  that, 
I  believe,  one  out  of  fifty  in  that  room  mii;ht 
be  considered  as  a  government  spy,  and  to 
them  he  wished  particularly  to  address 
himself;  and,  in  consequence  of  that  address, 
I  must  confess  1  did  attend  ;  in  consequenre 
of  his  addressing   tiimself  to  government 


751] 


SS  GEORGE  III. 


Trial  of  Thonuu  Hardy 


[758 


spies,  I  certainly  did  attend  to  what  he  said ; 
for  my  idea  of  a  spy  and  informer  may  differ 
particularly  in  a  business  of  this  nature. 

To  the  best  of  your  recollection,  what  was 
it  Mr.  HorneTooke  delivered  in  that  address  ? 
-^He  bcgg^  the  company  to  take  notice, 
thatihe  was  not  in  a  state  of  inebriation ;  for 
havine  something  to  say  to  the  company,  he 
had  tsdcen  care  to  refrain  from  his  glass ;  and 
for  fear  of  being  mistaken,  and  beinc;  taken 
to  be  in  a  state  of  intoxication,  he  Ibegged 
every  body  present  to  take  particular  notice 
of  what  he  said ;  he  called  ttie  parliament  a 
scoundrel  sink  of  corruption ;  he  called  the 
opposition  in  parliament  a  scoundrel  sink  of 
opposition ;  he  said,  that  there  was  a  junction 
between  those  two  scoundrel  parties,  formed 
for  the  purpose  of  destroying  the  rights  and 
liberties  of  the  country ;  he  began  to  speak 
about  the  hereditary  nobility;  he  asked,  if 
that  skip-jack,  Jenkmson,  could  be  considered 
as  one  of  the  hereditary  nobility  of  the  coun- 
try; and  I  think,  if  my  memory  is  right,  that 
he  paid  the  same  compliment  to  the  House 
of  Lords  that  he  did  to  the  House  of 
Commons. 

Lord  Chief  Justice  Eyre. — Do  not  speak 
about  compliment. — What  did  he  say  ? — That 
there  was  a  junction  between  the  ministerial 
partv,  and  the  opposition  in  the  House  of 
Lords. 

Lord  Chief  Justice  Eyre. — Do  you  mean 
that  he  said  the  same  thing  of  tlie  House  of 
Lords  as  of  the  House  of  Commons? — Yes; 
he  said  it  was  in  order  to  amuse,  or  abuse, 
(he  used  one  of  these  words,  I  am  not  sure 
which  word)  that  poor  man,  the  king. 

Lord  Chief  Justice  Eyre. — What  was  in 
order  to  amuse  ? — ^The  junction  between  the 
two  parties. 

Mr.  Imw, — Was  any  thing  farther  said  by 
him? — I  do  not  recollect;  yes,  I  think  he  said 
likewise,  that  the  junction  of  the  opposition 
in  parliament  with  the  aristocratic  party  in 
the  House  of  Commons,  was  likewise  meant 
to  abuse  and  deceive  the  people  of  this  coun- 
try. The  junction  uf  parties  in  the  House 
of  Commons,  to  abuse  the  people  of  tliis 
country. 

Did  he  mention  any  thing  farther  respecting 
the  king  ? — I  cannot  say. 

Did  he  state  what  was  the  object  of  his  ad- 
dress, or  of  his  measures? — I  do  not  recollect. 

How  was  this  address  of  his  received  ? — 
With  applause, — with  great  applause. 

Was  any  song  sung  to  the  tune  of  God  save 
the  King  ?— There  was. 

Do  you  recollect  Mr.  Home  Tooke's  saying 
any  thing  respecting  the  song  that  had  been 
bung  to  tliat  tune? — I  cannot  recollect. 

Lord  Chief  Justice  Eyre. — ^Was  it  the  song 
of  God  save  the  Kina  ? — No ;  a  song  to  the 
tune  of  God  save  the  King. 

Mr.  Lan\ — Do  you  recollect  Mr.  Tooke's 
singing,  or  reciting,  any  lines  of  a  song  to 
that  tune  ? — ^You  nave  recalled  something  to 
my  memory  thai  I  had  forgot— if  I  am  right, 


Mr.  Home  Tooke  lAing  that  so&g ;  or  he  WDg 
an  additional  verse,  which  he  said  had  been. 
forgot. 

What  did  he  supply  N»I  do  not  reooUsct 
the  words. 

What  was  the  name  of  that  song  P  you  said- 
that  a  song,  intituled  the  Free  Constitulioo,- 
was  delivered  to  the  members  before  dioner? 
—Yes,  and  I  do  not  know  whether  theie  was 
not  one  put  upon  each  plate ;  if  it  was  not 
that,  it  was  something  else ;  Mr.  Horoe  Tooke 
sung  that  song. 

Do  you  recollect  the  first  line  of  the  soi^ 
that  was  sung  to  the  tune  of  God  save  the 
King?-— I  do  not. 

Mr.  John  Groves cross-eiamined  by  Mr.  GiUf. 

Pray  what  are  you  ? — ^I  have  followed  the 
business  of  conveyancing  for  these  twenty- 
two,  or  twenty-three  years. 

Then  you  are  a  lawyer  ? — If  you  call  that  a 
lawyer. 

Is  conveyancing  the  only  branch  of  ths 
profession  that  you  have  followed  F 

Graves. — As  an  attorney  do  you  mean  ? 

Mr.  Gibhs. — Are  you  an  attorney  ?— I  never 
brought  or  defended  an  action,  in  my  life,  as 
an  attorney. 

You  may  tell  me  whether  you  are  aa  attOT" 
ney  or  not? — I  am  not. 

Are  you  a  solicitor. 

Grovex. — In  Chancery  ? 

Mr.  Gi665.— No,  I  did  not  mean  in  Chao^ 
eery,  you  have  been  long  enough  in  the  law  to 
know  the  meaning  of  the  word  solicitor;— 
are  you  a  solicitor  of  any  sort?— Yes. 

Where  ? — I  have  been  here. 

Why  then,  you  are  solicitor  at  the  Old  Bai- 
ley ? — Yes. 

Could  not  you  have  said  so  at  once ;  you 
understood  perfectly  well  what  I  meant  ?— 
No. 

When  I  asked  if  you  were  a  solicitor,  and 
you  asked  if  I  meant  in  Chancery,  I  told  you 
I  did  not  mean  in  Chancery  ?— ^I  thought  you 
meant  a  solicitor  in  Chancery. 

And  you  really  did  not  know  the  meaning- 
of  my  miestion? — I  did  not  know. 

You  had  not  the  least  idea  thai  I  meant  to 
ask,  if  you  had  been  an  Old  Bailey  solicitor  I 
It  did  not  occur  to  nie. 

It  did  not  occur  to  you,  upon  my  askine 
you  the  Question,  that  you  had  been  an  Oltf 
Bailey  solicitor?— I  did  not  say  that;  but  I 
gave  you  what  I  thought  an  immediate  an- 
swer. I  really  did  not  know  the  term  as  ap- 
plied to  me  as  a  solicitor. 

You  really  did  not  know  but  that  I  meant 
to  ask  you  whether  you  were  a  solicitor  in 
Chancery  ? — What  was  the  first  time  that  you 
were  at  any  of  those  meetings? — On  the  SOtll 
of  January. 

How  came  you  to  go  thenN-^  via  iti>>i  *■■ 
a  eentleman. 

By  whom  ? 

Gnnei.— lama^lv 
it  is  proper  I  will  #■ 


753]'  far  High  Treason* 

Mr.  Gihbi. — If  it  be  improper  I  will  Dot.ask 
it. 

Groves. — If  it  is  a  fair  question  I  will  an- 
swer it  dirceily. 

Lord  Chief  Justice  Eyre, — ^Tbere  can  be  no 
imputation  upon  yon  for  answering  the  ques- 
tion;---if  you  decline  answering,  that  is  ano- 
ther tiling ;  it  exposes  you  to  no  difficulties,  or 
penalty,  or  any  thine; of  that  sort. — None;  it 
18  only  a  point  of  delicacy.  I  am  rcadj^  to 
give  an  answer,  I  have  not  the  least  objec- 
tion on  my  part. 

Mr.  Lav.' — Mv  lord,  I  take  it  that  the  chan- 
nels for  information  must  be  protected. 

Mr.  Aitorney-GeneraL'^The  court  of  ex- 
chequer never  would  permit  that  question  to 
be  asked. 

Lord  Chief  Justice  Eyre. — Upon  a  general 

Srinciple  I  do  not  know  whether  it  ought  to 
e  answered. 
Graves. — ^It  was  a  person  high  in  office  un- 
der his  majesty;  but   permit  me  to  add,  I 
was  not  desired  by  that  gentleman  to  conceal 
his  name. 

Mr.  Oi6frf.— Then  where  is  the  delicacy  of 
it? 

-  Lord  Chief  Justice  Eyre. —lie  has  said 
what  is  proper  and  material  for  your  purpose  i 
that  is,  that  he  went  there,  bemg  employed 
for  the  purpose  of  collecting  informatiouy  with 
a  view  to  tne  disclosure  ofiL 

Mr.  Gibbt. — I  will  not  press  the  question 
farther  tlian  your  lordship  thinks  I  ought— 
I  leave  it  to  the  discretion  of  the  Court  if  it 
is  thought  not  proper. 

;  Lord  Chief  Justice  JPyre.— I  do  not  think  it 
Is  proper. 

Mr.  G  J66«.— Then  you  were  desired  by  a 

£erson,  high  in  office,  to  go  to  this  place ; — 
ow  arose  your  connexion  with  that  genUc- 
man  f— My  connexion  with  that  gentleman 
has  been  for  these  ten  years ;  that  is  so  far  as 
having  tlie  honour  of  being  personally  known 
to  him. 
What  sort  of  connexion  had  you  with  him } 
Lord  Chief  Justice  Eyre.—li  is  hardly  pro- 
per that  the  history  of  a  connexion  of  that 
kind  should  be  disclosed  here. 

Graves. — ^Ihat  gentleman  would  not  em- 

Floy  roe  in  any  th'mg  dishonourable,  nor  would 
accept  it. 

Mr.  Gibbs.''l  dare  say  you  would  not. 

Lord  Chief  Justice  £yre. — You  find  he  went 
on  purpose  to  give  information  of  what  passed ; 
that  is  the  only  fact  that  is  material  for 
the  prisoner ;  the  rest  is  private  intercourse, 
vrhicn  may  involve  in  it  tne  consideration  of 
a  thousand  uther  things,  which  may  be  mate- 
rial to  the  government  of  the  country.  I  think 
it  not  proper  to  be  disclosed  here,  it  is  not  ne- 
cessary to  the  cause. 

Groves.— I  have  had  the  honour  of  his  confi- 
dence ever  since  I  have  known  him. 

Mr.  Gibbs. — ^I'hen  trusting  in  you,  he  sent 
you  to  the  Globe-tavcm  on  tlkc  SOth  of  Ja- 
nuary, 17D4.^— Certainly. 

mien  you  never  were  at  anj  of  those  meet- 


A.  D.  179i. 


[754 


ings  InA  .in  the  cl^aracter  of  a  spy  P— As  you 
call  it  so,  I  will  take  it  so. 

Mr.  Gibbs. — If  you  were  not  there  as  a  spy, 
take  any  title  j'ou  choose  for  yourself,  aiid  I 
wiU  give  you  that. 

Mr.  Low.— He  did  not  state  any  title. 

Mr.  Gibbs. — I  did  not  desire  you  to  take 
any  title  in  tlie  sense  that  eentleman  is  using 
the  term ;  you  object  to  the  term  spy,  as  I 
called  YOU,  and  I  bid  you  take  any  other  name. 

Lord  Chief  Justice  Eyre. — There  should  be 
no  name  given  to  a  witness  on  his  examina- 
tion :  he  states  what  he  went  for,  and  in  mak- 
ing observations  on  the  evidence,  you  may 
give  it  any  appellation  you  please.  You  re- 
collect I  made  the  observation  before,  wbea 
Mr.  Erskine  did  the  same  thing. 

Mr.  Gihbs.'^l  really  did  not  feel  that  I  was 
going  at  all  out  of  the  way  in  tho  cross-exami- 
nation of  a  witness^  in  calling  him  by  a  name 
which  suits  his  character,  though  he  does  not 
like  it. 

Lord  Chief  Justice  Eyre. — Go  on. 

Mr.  Gibbs. — You  went  then  (not  to  call  you 
a  spy^  to  thesd  meetings  in  the  character  of  a 
person  who  had  noot  her  reason  for  going  tliere^ 
than  that  of  picking  up  what  information 
you  could,  and  carry  in  e  it  again  to  those  em- 
ployers, in  whose  confiaence  you  were  ?-— Cer* 
tainly. 

Then  I  must  express  your  empbyment  by 
that  periphrasis.  You  said  there  was  a  great 
assembly  there  P — ^Thcre  was. 

There  was  a  considerable  meeting  you  said; 
and  universal  siiffra^  and  annual  parlia^^ 
ments  were  talked  off 

Groves.— Which  meeting  do  you  speak 
of? 

Mr.  Gibbt.-^l  am  speaking  of  the  meeting 
to  which  you  first  went — There  was  a  very 
large  meeting,  so  much  so  that  the  floor  broke 
down. 

You  have  been  giving  an  account  of  some 
conversation  that  passed  there ;  cannot  you 
recollect  who  tlie  persous  wore  that  had  that 
conversation? — No,  I  do  not  know;  there  was 
an  universal  conversation. 

You  coing  there  for  the  purpose  of  collect- 
ing evidence  aeainst  individuals,  and  coming 
now  to  give  evidence  against  an  individual,  you 
thousht  it  not  material  to  observe  who  Xh% 
people  were  who  then  used  tliis  languag^^ 
You,  a  gentleman  used  to  practise  at  the  Old 
Bailey,  and  meaning  to  give  evidence  after- 
wards against  those  persons,  did  not  think  it 
material  to  learn  by  whom  these  couverasi- 
tions  were  held  ? 

liord  Chief  Justice  Eyre* — Mr.  Gibbs,  I  am 
sorrv  to  interrupt  you,  but  your  questions 
ought  not  to  be  accompanied  with  those  sort 
of  comments :  they  are  the  proper  subjects  of 
observation  when  the  defence  is  niiule.  The 
business  of  a  cross-examinatkin  is  to  ask  to  aU 
sorts  of  acts,  to  probe  a  witness  as  closelj  as 
you  can ;  but  it  is  not  the  objeet  ef  »ew>as  ea 
aminatioHf  ta  inlcoducft  \.VaX>»s^  %^ Y> 
s'isaa^guVia.NQyx&\.^Q!Mi«      ..       ^"^ 

3C 


755]         35  GEORGE  III. 

Mr.  Gibb9. — Send  to  Mr.  Erskine,  he  is  in 
the  parlour. 

[Mr.  Erskine  immediately  came  into  court.] 

Mr.  Erskine.'-Viill  your  lordsliip  give  me 
leave  to  say,  it  is  tlie  universal  practice  of  the 
Court  of  KingVbcnch,  the  first  criminal  court 
in  this  country,  in  which  I  have  had  the  ho- 
Hour  to  practise  for  seventeen  years-^We  are 
certainly  lieriuitted  to  go  as  far  as  this.  I 
agree  v'lth  your  lordship  in  what  you  just  now 
aaid  (and  it  will  be  of  no  consequence  whether 
I  did  or  no,  because  your  lordship  must  give 
tlie  nde)  but  what  I  take  my  learned  i'riend  to 
have  said  to  tlie  witness,  is  this :  you,  sir,  not 
neaning  it  as  an  insult  tothe  witness,  but  you, 
sir,  as  a  practiser  at  the  Old  Bailey,  must 
know  the  necessity,  if  you  go  to  any  place  to 
get  evidence,  of  having  proper  materials  for 
viat  evidence ;  how  do  you  account  for  not 
baving  done  that?  In  a  cross-examination, 
counsel  are  notcallcd  upon  to  be  so  exactas  in 
an  original  examination — You  are  permitted 
to  lead  a  witness. 

Mr.  Gibbt, — I  desired  Mr.  Erskine  to  be 
sent  for  into  court,  as  I  wished  to  have  the 
testimony  of  a  gentleman  who  has  practised 
in  that  court  more  tlian  any  man  now  present, 
that  I  was  not  departing  from  the  practice 
which  has  obtained  there- -My  end  is  now 
answered  in  desiring  Mr.  Erskine  to  come 
into  court. 

Mr.  Erskine, — I  can  appeal  to  one  of  the 
Icanicd  judges  now  upon  the  bench.  I  re- 
member that  when  Mr.  Garrow  first  came  to 
the  iriUiationf  whicli  undoubtedly  he  fills  with 
a  great  deal  of  ability,  I  objected  to  a  question 
he  put  on  a  cross-examination,  and  when  it 
turned  out  that  it  was  upon  cross-examination, 
the  laugh  was  turned  against  me,  and  I  liad 
xiothiuc:  to  say. 

Mr.  Justice  /^ii//fr.— Undoubtedly  the  prac- 
tice has  iiicrcastd  much  within  my  memory : 
ivhat  Mr.  Erskine  alludes  to  now  has  been 
universally  the  practice;  tliat  when  you  are 
tipiui  a  cross-examination,  you  are  permitted 
to  lead  a  witness  more  than  you  can  on  an  ori- 
ginal examination  ;  but  be  so  ^ood  as  recol- 
lect the  mode  in  which  the  lord  chief  justice 
put  it  yesterday,  and  1  do  not  think  in  Guildhall, 
or  any  where  else,you  ever  departed  from  that. 
You  may  lead  a  witness  upon  a  cross-exami- 
nation to  bring  him  directly  to  the  point  as  to 
the  answer;  but  not  to  go  the  length  as  was 
attempted  yesterday,  of  putting  the  very  words 
into  a  witness's  mouth,  which  he  was  to  echo 
Lack  again.* 

Mr.  Erskine,— IHv'mg  done  that  yesterday, 
I  immediately  bowed  to  the  admonition  1 
received  from  my  Lord  Chief  Justice. 

Lord  Chief  Justice  Et/re. — I  should  be  ex- 
tremely sorry  if  it  should  be  supposed  that  I 
xnean  to  make  an  observation  that  seemed  to 
press  personally  upon  either  of  the  learned 

*  See  the  cross-examination  of  Geoige 
Widdison,  ant^,  p.  059. 


Trial  of  Thomas  Hardy  [756 

counsel  who  are  now  for  the  defendant,  and 
particular]}[  on  the  gentleman  who  is  now 
cross-examining  this  witness,  and  more  parti- 
cularly if  it  were  supposed  I  was  capaole  of 
doing  that  in  the  absence  of  the  other  coun- 
sel ;  I  hope  that  will  never  be  imaained  of  me. 

With  regard  to  the  point,  I  tnink  itiaio 
clear  that  the  questions  that  are  put  are  not  to 
be  loaded  with  all  the  observations  that  arise 
upon  all  the  previous  parts  of  the  case,  tbej 
tend  so  to  distract  the  attention  of  every  oody. 
they  load  us  in  point  of  time  so  much,  and 
that  that  is  not  the  time  for  observation  upon 
the  character  and  situation  of  a  witness  is  ao 
apparent,  that  as  a  nile  of  evidence  it  ought 
never  to  be  departed  I'rom ;  but  it  is  certunly 
true  tliat  it  does  slide  into  examinations,  and 
that  it  is  very  often  not  taken  notice  of^  and  it 
saves  more  time  frequently  to  let  it  pass  than 
to  take  notice  of  it;  but  there  is  a  rule  to 
which  all  those  sort  of  things,  if  once  an  ap- 
peal is  made  to  the  Court,  ought  to  be  broughl, 
and  my  judgment  is,  that  after  you  have  got 
the  particular  facts  upon  which  that  sort  of 
observation  is  founded,  the  examination  ought 
to  proceed  to  the  other  facts  upon  the  case, 
and  the  observations  upon  those  former  iacts 
ought  to  make  part  of  the  defence. 

Mr.  Gihbt, — My  reason  for  sending  for  Mr. 
Erskine  was  because  I  knew  it  had  been  the 
practice,  and  I  think  I  have  observed  it  ia 
the  course  of  this  cause  on  the  other  side. 
What  Mr.  Justice  Buller  has  said,  that  it  is  a 
practice  that  has  gone  on  to  a  greater  length 
than  it  ought,  I  hope,  will  be  an  excuse  for 
me,  because  I  am  more  inexperienced  in  the 
profession  than  Mr.  Erskine  or  Mr.  Garrow. 
If  that  mode  of  examination  prevails  on  one 
side,  especially  against  a  defendant 

Lord  Chief  J  uslice  Eyre— I  will  never  suffer 
it  to  prevail  on  either  side ;  but  as  far  as  I 
would  indulge  it,  it  should  be  on  the  part  of  a 
defendant. 

M  r.  O  ihbs. — ^Your  h»rdship  does  not  suppose^ 
I  trust,  than  I  sent  for  Mr.  Erskine  with  any 
other  view  than  I  have  mentioned,  I  confess 
I  feel  myself  sensibly  mortified. 

Lord  Chief  justice  Ej/re. — I  am  exlremel^^ 
sorry  lor  it,  I  never  wished  to  mortify  you. 

Mr.  Gibbs — I  think  you  told  me  that  yoi^^ 
were  a  gentleman  who  practised  at  theOltK- 
Bailey,  do  you  now  practise  here,  or  have  yoi^^ 
left  oft  that  practice  ?— I  have  not  left  it  off. 

You  now  practise  at  the  Old  Bailey?— £tf 
have  not  for  sonic  time. 

How  happens  tliat?-- -Not this  six  monthSi---^ 

Your  reason  for  not  having  practised  is^--^ 
that  no  business  has  been  brought  to  you,  LM 
presume  ?— Certainly,  you  are  right  there. 

Did  you  or  not  think  it  necessary,  at  iJiiiunw 
meeting,  to  attend  to  the  particular  persons^ 
from  whom  the  conversation  that  you  ^ 

now  stating,  proceeded  ? — At  that  time  I  \ 
a  total  stranger  almost  to  eveiy  nne  in  J 
room. 

\  ou  did  not  endeavour  ^  ^ 
was  said  by  .one  ni»> 
another  r— J  «*" 


757] 


'^*  for  High  Treason^ 


.^A.D.  17M, 


[759 


You  ««3r  the  language  was  universal  luf* 
£rage  and  aanual  parliaments  ?-^  Y*es. 

Can  you  tell  me  who  used  that  language  P 
— I  cannot,  it  was  the  general  language. 

Who  used  il  you  cannot  tell  ?— No  I  cannot 

How  many  people  might  there  be  there  ?— 
as  many  as  the  room  could  contain,  and  it 
was  a  lars«  room ;  I  should  suppose  if  I  said 
four  hundred  people^  I  should  speak  ivitlun 
l>ounds. 

You  cannot  recollect  any  one  particular  per- 
son who  hetd  this  language  you  have  been 
speaking  of?— I  cannot;  we  were  in  two 
rooms  there  ;  the  first  room  we  were  in 
broke  down,  which  occasioned  us  to  go  up 
stairs. 

You  were  afterwards  at  Chalk-farm^  I 
thinlc  you  say  ? — I  was* 

There  you  went  under  the  same  employ- 
ment, and  for  the  same  person  ?— Exactly  so. 

You  seem  to  have  fixed  yourself  a  good  deal 
uponJMr.  Thelwall  ? — No,  Alr.Thelwali  fixed 
himself  upon  mc. 

It  was  involuntary  then?— Quite  so,  for 
M  that  time  I  hardly  knew  Mr,  ThdwalL 

You  would  rather  have  declined  it  ?-**Ko,  I 
did  not  say  that;  that  is  going  too  far;  he 
and  I  were  standing  at  the  door,  in  Store* 
street,  together,  when  there  were  not  above 
ten  or  a  dozen  people  there,  and  then  the 
paper  being  stuck  up»  that  the  meeting  would 
t>e  held  at  Chalk  Fann^  he  said,  **  come 
abng." 

Was  that  the  first  time  yon  had  con  veiled 
'with  liimP— I  had  conversed  with  him  sc. 
veral  times. 

Did  he  know  who  you  were?— I  do  not 
believe  he  did. 

He  had  no  previous  knowledge  of  you?— - 
-He  had  none  of  me,  nor  I  of  him. 

Had  you  any  introduction  lo  him  ? — None. 

You  had  no  previous  knowlcjlgeof  him,  nor 
he  of  you,  no  introduction  to  hun,  rvo  comuiuu 
fnend  who  told  each  that  he  might  trust  the 
other  P — No,  I  do  not  recollect  that  ever  such 
«  conversation  passed  between  me  and  any 
man  in  the  worlu, 

Dut  all  this  tliat  he  said  to  you  was  volun- 
tary T — What  passed  between  him  and  me 
iras  in  going  to  Chalk-farm,  which  was  the 
firiit  lime  in  my  hfe  I  ever  spoke  to  him ;  it 
was  voluntary. 

I  think  you  say  that  at  Chalk-farm  there 
was  a  clamour  that  spies  were  there  ? — Cer- 
tainly. 

And  Mr.  Thelwall  was  for  admitting  them 
all? — He  was,  and  desired  them  to  hear; 
and,  I  believe,  I  may  add  something  further, 
now  you  have  brought  it  to  my  recollection  : 
he  said,  it  would  give  the  minister  the^wer  of 
judging  of  their  proceedings  and  their  num- 
bers. 

You  said  so  before*  I  believe  you  yourself 
made  this  cry  against  spies,  did  not  you?  you 
yourself  said  you  thought  there  were  spies 
among  them  ?— O  yes  I  I  did  say  that,  and 
thotight  myself  very  justifiaUle  in  so  doing. 


Yes,  yes,  that  was  a  scheme  you  had  learned 
in  your  marUct?  certainly;  you  were  the  person  | 
then  wno  suggested  that  there  were  sj>iea 
from  the  Treasury  there? — No,  I   was  uotH 
there  was  a  person  present,  I    was  asked  if  J 
I  knew  him ;  i  said,  yes,  1  did.  J 

Did  you  say  you  knew  him  to  be  a  spy?—] 
I  was  asked  \vho  he  was, and  what  he  was,  andi 
I  said,  I  did  think  he  was  a  person  employal  f 
by  government, 

Who  was  he? — His  name  was  Walsli, 

And  you  seeing  Mr.  Walsh  there,  said»yoii  | 
thought  he  was  a  person  employed  by  goverti*- 
ment? — I  was  applied  to  bv  several  to  knovri 
whether  it  was  not  Mr.  Walsh  ;  I  naid,  it  waa^  I 
ai>d  that  I  believed  he  had  some  omployment  J 
about  government;  and  I  believed  Mf»l 
Walsh  aid  not  wish  to  conceal  it,  for  npoa  1 
his  buttons  there  was,  I  believe^  tlie  King  j 
and  Constitution,  so  that  he  did  nut  wish  to  \ 
conceal  it* 

Because  Mr.  W'alsh  came  there  with  King  I 
and  Constitution  upon  his  buttons,  you  chos6 1 
to  say  that  you  tliought  he  was  a  spy,  was  j 
tliat  so  ? — ^That  was  not  the  reason,  becaust  I 
he  had  the  King  and  Constitutiuu  upon  bis 
buttons,  for  that  might  have  been  put  on. 

Well,  seeing  hira  there  with  King  and  Con* 
stitution  on  his  buttons,  you  chose  to  say  I 
that  you  thought  he  was  a  spy  from  thtj 
Treasury? — No.  I 

Then  do  tell  me  how  the  fact  is?— The  fuel  | 
is,  I  was  applied  to  by  two  or  three  to  knoM 
if  I  knew  Mr,  Walsh,  I  said  yes,  and  he  was  I 
pointed  out  to  nic  ;  I  said  that  is  Mr.  Watstu  ] 
certainly;  somebody  made  auswtr,  who  f J 
cannot  say,  he  is  just  come  from  Ireland^] 
where  he  has  been  upon  some  governmen|J 
business ;  I  was  askeu  if  I  knew  any  thing  < 
his  being  employed  by  government,  I  soi 
immediately,  I  do  believe  he  is. 

Did  not  you  say  you  believed  he  was  a  spy?  j 
-^I  do  not  think  I  jid. 

Will  you  swear  you  did  not  say,  that  yo 
believed  he  was  a  spy? — By  my  saying  that  II 
believed  he  w.is  employed  by  government,  I J 
meant  to  say,  that  he  was  a  spy.  1 

Then  you  do  consider  that  the  term  spy,  Ifl 
lo  be  applied  to  those  employed  by  govern 
mcnl?— If  ycju  take  it  by  implication  that  i 
mail  employed  by  government  is  a  spy,  it  is  sc 

No;  It  is  your  own  interpretation  of  the 
words  ?— Then  you  have  it  that  way,  I  confesa 
it  so  far.  ^ 

Then  you  did  say  you  thought  he  was  |k 
spy  f.^ Yes,  so  far  as  giving  information.  i 

It  wasaAcT  that,  that  Mr.  Thelwall  J^d  h»] 
was  for  admitting  all  spies  ?— Certainly,  Mr.[ 
Thelwall  did  say  so.  ^ 

This  was  a  very  large  meetings  was  not  it? 
— It  was  large. 

Had  you  no  apprehension  for  your  friondj;" 
Mr.  Walsh,  saying,  you  thought  he  was  a  spjjj 
at  such  a  meeting  i'-^He  is  no  friend  of  mine,  i 

He  was  not  a  man,  I  suppose,  whom  yo 
wished  to  have  torn  to  pieces  ?— Noj  noi  i 
man  lathe  world. 


759]         sr,  GEORQE  III. 

Wcrr  not  yoii  a  litllc  apprehensive  of  hold- 
ing him  (Mil  as  a  sp^,  n.  man  you  knew  nothing 
oi'? — No;  I  was  tor  admittiog  all  spies  tod, 
ttud  to  ill  tlicm  remain  tliere  unmolested. 

J}ut  thoui|;li  yon  might  bo  for  letting  spies, 
that  wcrr  tlinrc,  rontinue,  I  want  to  know  why 

J  Oil  iMiinlcd  out  a  particular  mao  as  a  spy  ?-^ 
did  not  point  out  a  particular  man,  1  wafe 
ap]diod  to  if  I  knew  him,  and  I  was  taken  to 
one  end  of  the  garden  to  look  at  him,  and  I 
said  that  is  Mr.  Walsh,  certainly. 

Did  not  you  say  you  believed  he  was  em- 
ployed liy  government  ? — I  did. 

Employed  by  government  to  be  there  ?-^I 
did  not  say  tliat. 

Hut  was  not  tliat  your  meaning^-— I  did 
jiican  that. 

Then  why  arc  you  fencing  with  me? — ^I 
am  nut  fencing. 

You  ro|irracntcHl  him  to  be  a  man  sent  there 
by  covrrnniciit,  in  tiic  s;imc  way  as  yourself? 
r-Ycs. 

What  iiiducctl  you  to  point  out  this  man? 
—I  was  desired  tonoint  hun  out.     .  ■ 

Did  yuii  believe  liim  to  be  so  ?-^I  did. 

1  want  to  know  whether  you,  going  there, 
a>  what  you  (-all  yoirselC  a  spy>  how  you 
«ainr  to  poiut  out  to  the  people,  tlmtwere 
there,  another  person  whom  jtMi  also  believed 
to  be  a  spy?--.Thcrow«s  good  reason  for  that, 
bccan^(*,  iV  1  had  not  s;iid  ho  was  sent  there 
as  a  5pY,  1  .should  liave  been  sus|H!cted  myself: 
tlie  liict  was  too  notorious  to  be  deniixlt  and  if 
>Blr.  Walsh  was  here  he  would  not  deny  it. 

With  King  and  Contititution  upon  hb 
buttons?-^!  think  there  was  at  that  time. 

What  niimhcr  of  people  do  you  think  were 
tlierc  at  this  lime  ?«->!  should  think  between 
two  and  three  thousand;  tliere  was  a  vast 
iiumlier,  1  InHievc,  that  were  there  CMit  of 
i*urii>>ity,  but.  as  tar  as  1  am  able  to  iudce, 
tlici  c  were  nut  :tlH>vc  ei^ht  or  nine  hundred  of 
the  l.oiuloii  l\»rii>ponduig  Sjciety  there. 

\ou  S.1Y,  th.it  Mtting  down  to  eat  some 
|tr«\ulaiul  rhees«\  there  was  something  tliat 
you  e.illed  little  in>tnHncnts  taken  out,  and  it 
tuinul  out  ih.it  thoc  wen^  French  knives? — 
Yes,  ill  ilie  ?>hape  of  French  knives,  made  in 
tJiis  Ciuuilrv  I  |Te>ume.  as  many  of  them  are.  j 

1  Know  thev  arc  very  eoinnion  thinp  T —  | 
As  eouinion  as  .my  ihin^  certiinly,  and  1  he-  ; 
liexe  a  i:reat  iii.uw  jieople  u^e  them  kr  safety 
to  Ih.eif  li.inJ>. 

>ou  ueui  to  Mr.  Orecr/s  in  Orange  street, 
you  s.\v  * — YeN. 

He  toUi  >oii  he  h.i.*  soiJ  two  cr  three  huu- 
Ou\i  om!u  M .  bi.l  t*-,i  >ou  to  >;  e^kvery  low  .t> 
the  i\\*:.  ;;'..i!,s  r  w.i>  ojc:*..  .ind  hi*  wife  w;i> 
u   i'.  IV. ■.'.;.:    .\'. .x'.kv ;.,'.  .'— lie   icrUiU'.ly  ii>iv. 

that  \\c  >.i.»i  ;•..>  wjie  w.in  a  K\AinVi\\  .\s.> 
Kvi-.ll  .'.-I  ;iii!.  .\\\\  wo  KlV.  K  S  i.s  Uii^hc\) 

Wir.j;  an  .\:i>U\;ui. 

1  ihuik  >%Hi  loiti  MIC  >\wi  wt««at  th«  dKnuic 
en  til   .0  va  M\^ .  ul  t&c  C^m  n  aai  i»ifci»» 


Trial  of  TlMKdt  Hardy  [760 

How  many  people  might  there  be  there?— 
I  should  think  there  must  be  five  hundred  ih 
all. 

You  went  there  in  the  same  characteti  I 
suppose  ? — A  ssuredly. 

You  say  there  was  some  piece  of  news 
brought— a  newspaper  brought  in  ?— I  do  not 
know  whether  a  newspaper  was  brought  in, 
but  there  were  accounts  brought  in  that  some 
of  the  Allied  Powers  had  received  a  veiy 
great  check. 

Y^ou  do  not  know  whether  there  wae  asf 
newspaper  broueht.  in?— I  do  not;  I  tawit 
add  this,  that  I  was  very  much  surprind 
indeed  when  I  went  inta  the  Constitiniari 
Society— I  there  saw  a  niunber  of  moit 
respectable  seniiemeta. 

Then  at  this  meeting  thatyeu  are  speaking 
of,  there  were  a  num&r  of  very  respectable 
gentlemen  ?— Indeed- there  were. 

How  didyoa  get  there  P«— I  have  told  you 
by  a  ticket  Mr.  Hardy  brought  to  me;  I 
oflfered  to  pay  for  it,  he  said  they  were  not  to 
be  paid  for. 

What  number  did  this  roeetins  ooDsiat  of? 
*— I  dare  say  near  five  hundred;  I  think  three 
hundred  and  fifty  or  four  hundred  lat  down  te 
dinner. 

You  are  not  sure,  I  thmk  you  say,  vho  was 
in  the  chsdr  ? — I  an  not,  but  if  I  may  pre* 
some  to  think  upon  the  subject,  it  was  mx* 
Wharton. 

You  must  not  presume  to  think  ? — ^Then  I 
am  not  certain,  and  I  will  give  you  the  aeaion ; 
we  went  into  the  room,  and  there  was  a  Kitle 
bustle,  and  who  was  put  into  the  chair  i 
cannot  say,  but  I  consider  Mr.  Wharton  to 
be  in  the  chair ;  but  whether  it  was  him  or 
Mr.  iiorne  Tooke,  I  cannot  tell. 

Whichever  it  was,  I  suppose  he  sat  at  the 
head  of  the  table?— There  was  a  row  all 
along,  and  thcv  sat  at  the  head  of  the  table. 

Then  I  think  you  say  Mr.  Tooke  made  ^ 
speech,  in  which  he  redected  upon  the  Ucnise 
of  Commons  ? — Yes. 

You  say  he  called  the  House  of  Commons  x^ 
sink  of  corrupt icn  : — He  c.Ulcd  the  Uoiise  M  2 
Commous  a  bcwmcirel  Mnk  of  corrur-ticn. 

He  s(H.  kc  of  there  l>e:ag  a  Junction  tclwecii^ 
Ok  two  parties : — He  called  them  a  scoundreft 
oppo^:J^ln. 

I  ik*  not  w-.\::t  \ou  to  rf  pi  ^  any  offensive^ 
r\pu  ssi.Hi>  ihai  he  used  a^dinst  iDtiividLials.  -^ 
but  I  ;":i;nk  :n  *fvAki3i:a^»ini:  liie  hereditanaS 
:\vl;'.:\.  :.e  s:\ke  ^iiit.-illv  ^f  a  :  ..ruculiK^ 
^HT>x»:i.— He  *ii.:.  *:w  he  spoke  cr'xncne  thi^TT 
oi'.e 

I  bi'\\f  he  *;-:\e  h'.gh-y  cr'the  hereditar'ai 
rv'b;.  ;v  V :  li-.e  ivi'jr.t-y  -"—He  c:d 

\\<  >j>.>ke  h:ihl>  o:''  ihe  benfd.tAry  rx^oixr^  — : 
ci  i::.-  owu:\i:y  is  iV.r.trA-da-uacoisJjod 
A.; *  f  :* :;  -x" r>  "  —  M * ■* ;  ass-,:rf i'.y .  * .  ^  -  iii 
hi-^ctviiUrk  nx  ;i.:y  c  f  L*.e  crt»:r>"  txtr^i 
|XKV  <-;-.;  t^l  A  nuuTi  cv«:'i  r*Ay. 


henJitarr 


hKrveii.'  acrvsM.  thalt 
:>«  C4  w^Mi  be  9f^m 


TCI]  M  High  Treasoik 

the  introduckion  of  adventurers  P-^rl  do  not 
know  that  tlie  word  ^venturers  was  made 
use  of. 

By  the  introduction  of  those  then  wiio  were 
not  the  hereditary  nobili^  ?  —  The  mVf 
Dobility. 

He  bad  before  been  declaifniug  against  the 
House  of  Ctvnmons,  certauily,  using  an  im- 
|j«oper  expressioDy  however,  calling  them  a 
sink  of  corruption  ^t-Yes. 

Did  he  noA  say,  likewise,  that  Uiose  new 
nobihty  were  intxtnluced  into  the  House  of 
Lords  by  means  of  those  people  whose  conduct 
be  was  finding  fault  with  in  the  House  of 
Commons  f—I  think  his  sense  was  tlie  same; 
I  have  no  hesiution  to  say  that  his  sense  was 
the  same. 

Did  he  not  also  speak  hig;hly  of  the.  o0ice 
of  the  King  in  the  Constitution  ? — ^l  am  verf 
clear  he  did,  because  he  said,  that  the  new* 
made  peers,  or  those  Utely  introduced  into 
the  House  of  Lords,  cither  bad  combined,  or 
iveie  combining  for  the  purpose  of  amusing 
that  poor  man,  the  king. 

Did  be  not  mention  it  as  matter  of  com- 
pkmt,  that  the  king  had  lost  bis  due  weight 
in  the  constitution,  by  means  of  this  cornipo 
tioQ  ^t  lie  had  been  complaining  of  before  ? 
—I  understood  him  completely  so ;  I  do  not 
kpow  one  word  that  Mr*  Horiie  Tooke  aaid 
disrespected  to  liis  majesty. 

Did  he  hold  out  any  thing  as  matter  of 
€QI9plaint  in  the  now  existing  constitutiom 
except  that  there  was  a  sort  of  people  intro- 
duced into  the  House  of  Commons  whom  he 
disapproved  of;  and  by  their  means  likewise 
ft  sort  of  persons  introduced  into  the  House  of 
Peers,  whom  he  disapproved  of;  and  that 
they,  acting  together,  restrained  the  due  power 
of  tbe  crown  ? — I  believe  that  was  the  object 
of  all  his  conversation. 

Mr.  John  Gurncll  called  agun. 

Where  did  you  find  that  paper  ?^In  Mr. 
Hardy's  house. 

[It  was  road.] 
"  TunCy  Vicar  of  Bray. 

"L 

**  Why  should  we  vainly  waste  our  prime^ 
"  Repealing  our  oppressions  ? 
'   "  Come  Tousc  to  arms,  'tis  now  the  lime 
**  To  punisli  past  transgressions. 

"  Tis  said  tlial  Kin^s  can  do  no  wrong; 
"  Their  inurdVous  deeds  deny  it ; 
.  •'And  since  from  us  their  pow'r  has  sprung, 
"  We  have  the  right  to  Xty  it. 

"  Ciiorus,  Come  rouse  to  arms,  &c. 

«n. 

«  The  starving  wretch,  who  steals  for  bread, 
'^  But  seldom  meets  compassion, 

"  And  tUiall  a  crown  preserve  the  head 
'  Of  him  who  robs  a  nation  ? 
-  **  jSuch  partial  laws  we  alldespise; 
*  Sec  Gallia's  bright  example; 

•*  The  gbriows  sight  before  our  eyes, 
r  We'll  uu  every  tyrant  trample. 

'^  Come  rouse,  &c.  &c. 


A.  D.  1794', 


VQH 


"in. 

"  Proud  bishops  next  we  will  translate 
"  Among  priest-crailed  martyrs : 

"  The  guillotine  on  Peers  shall  wait, 
"  And  Knights  we*ll  hang  in  garlert  / 

"  These  Despots  long  have  trod  us  down, 
<'  And  Judges  are  their  engines ; 

"  These  wretched  minions  of  a  crown 
''  Demand  a  people's  vengeance. 

«  Come  rouse,  &c.  &c« 

« IV. 

'<  Our  Juries  are  a  venal  pack, 
"  See  Justice  topsy-turvy ; 

^  On  Freedom's  cause  they've  turned  a  back^ 
^  Of  Englishmen  unworthy: 

"  The  glorious  work  but  once  begmii 
"  We'll  cleanse  the  Augean  stable:  • 

"  A  moment  lost,  and  we're  undone, 
**  Come,  strike  while  we  arc  able. 

"  Come  rouse,  &c.  &c. 

"V. 

'<  The  golden  age  will  then  revive ; 
''  Each  roan  sbalibe  a  brother ; 

"  In  neace  and  harmony  we'll  live, 
''  And  snare  the  world  tojgether. 

'*  In  virtue  train'd,  enltghten'd  youth 
"  Will  love  each  fellow  creature ; 

**  And  future  ages  read,  this  truth, 
^  That  maa  is  gpod  by  nature. 

Come  rouse,  jec.  &a.'* 

Mr.  Er$kM.^lf  the  jmy  will  kok  at  the 
back  of  it,  tliey  will  see  thi3  song  was  sent  ia 
a  letter  to  Mr.  Hardy  by  somebody  or  others 

John    Thornton    sworn. — Examined    by   Mr. 
Attorney  General. 

Did  you  find  any  thing  in  the  posseesum  of 
a  person  of  the  name  of  Hillier  ?-*-I  did. 
When  ?^0n  Monday  the  19tb  of  May. 
Produce  it. 

[The  witness  produced  a  pike,  with  a  bla^e 
two  feet  two  inches  long.] 

Willittm  Cnmaf^e  called  in  again.— ^Examined 
by  Mr.  Attorney  General, 

You  told  us  yesterday  that  you  were  at 
Edinburgh  when  the  Scotch  convention  sat 
and  was  dispersed  ?— Yes. 
I  You  knew  Maurice  Margirot,  did  not  you? 
—Yes,  I  saw  him  in  the  Tolbooth,  in  Edin 
burgh. 

Did  you  over  see  any  knife  in  his  hand  ?— I 
saw  one  laid  upon  the  table,  which  Mac^gjuot 
said  was  his. 

.  Describe  tliat  knife.«--It  appeared  to  be  a 
knife  that  opened  with  a  sprmg  between  the 
hatl  and  the  blade :  the  knife  and  blade  alto* 
gethcr  was  nine  or  ten  inches  long. 

Was  it  easy  ordiificuU  to  shut  when  it  waa 
once  opened  ?— It  was  very  hard  to  shut;  I 
could  not  shut  it  nursolf. 

William    Carnage    cross-examioed    by    Mr. 
Erskinc. 

Arc  you  a  Sheffield  man  ?— Yea* 


763] 


S5  GEORGE  ill. 


Trial  of  Thonuu  Oardif 


1764 


Had  you  ever  seen  any  knife  of  this  de- 
scription ? — No. 

Had  any  body  else  a  knife  of  Ihis  sort  ? — 
No. 

Was  any  thing  said  about  it  at  this  time  ? — 
No. 

Was  it  concealed? — ^No,  it  was  laid  for 
him  to  get  his  dinner  with. 

Then  Margarot  did  not  niake  any  secret  of 
this  knife?— No. 

How  many  people  were  present  in  all.' — 
There  might  be  about  six  or  seven. 

Did  it  strike  you  at  the  time  that  there  was 
any  thing  wrong  in  it  ? — No,  I  did  not  appre- 
hend any  thing  of  danger  in  the  knife  when  I 
saw  it,  only  it  was  a  curious  knife,  and  he 
showed  it  to  me  upon  the  table. 

Publicly?— Yes. 

Are  you  a  cutler?— No^  an  ink-stand 
maker. 

Was  this  at  the  time  the  Convention  was 
holding  at  Edinburgh? — No,  afterwards;  he 
was  then  in  the  Tolbooth. 

And  he  ate  his  dinner  with  it? — ^Yes. 

George  Lynam    sworn. — Examined  by  Mr. 
Bower. 

'"  Were  you  at  any  time  a  member  of  the 
London  Corresponding  Society  ? — ^Yes. 

At  what  time  did  you  become  a  member  of 
the  London  Corresponding  Society  ?— In  Oc- 
tober, 1792. 

Where  did  you  first  see  any  division  of  the 
London  Corresponding  Societj^  ? — At  the  sign 
of  the  Mansion-house;  opposite  to  the  Man- 
sion-house. 

Which  of  the  divisions  of  the  I^ondon  Cor- 
respondino;  Society  met  at  that  house  ? — ^The 
division  No.  19. 

When  you  went  first  into  the  room,  did  you 
receive  any  paper  of  any  kind  ?— Yes. 

What  was  the  paper  you  received  upon 

Ointo  the  room  ? —It  was  the  Rules  of  the 
Dn  Corresponding  Society,  and  the  Lon- 
don Corresponding  Society's  Address. 

Address,  of  what  date  ?  Is  it  an  address  to 
the  members,  or  to  the  nation,  or  what  ? — It 
was  the  Society's  Resolutions,  and  Address  to 
the^  public  at  large. 

Lord  Chief  Justice  Eyre.— What  date  has 
that  address? — I  do  not  immediately  recol- 
lect; but  if  one  was  handed  to  me,  I  could 
recognise  it;  but  I  think  it  is  in  March, 
1798. 

Is  this  one  of  the  papers  ?-^It  is  a  larger 
pamphlet  than  that. 

Upon  receiving  that  paper,  did  you  give  any 
intimation  of  any  kind  to  the  master  of  the 
house?— Yes i  I  told  him  I  believed  it  was  a 
sociei 


cieW 

In  met  you  intimated,  that  there  would  be 
danger  there ;  then  in  consequence  of  some 
intimation,  no  matter  what,  tnat  you  ^ve  to 
the  master  of  the  house,  was  that  division  of 
the  society  adjourned  to  any  other  place  ?--It 
was  adjourned  the  next  evening  to  tbeOrows^ 
ia  Newgate- stieeX, 


Did  you  attend  al  that  meeting  P— I  did. 

Was  it  there  that  you  were  Mcepted  a 
member  ? — It  was. 

Did  you  become  a  member  of  that  divuioD 
that  night?— I  did. 

Was  the  prisoner.  Hardy,  a  member  of  the 
same  division  of  the  London  Correspondhig 
Society  that  you  were  admitted  a  member  o^ 
— ^No,  h^  was  not ;  he  did  not  belong  to  thil 
division,  but  he  belonged  to  the  society. 

Were  you  present  at  any  time  aflerwikds 
at  any  other  division  P— I  was. 

Where  was  that,  and  what  was  the  mmiber 
of  the  division  ?— I  beg  leave  to  look  at  my 
minutes  that  I  made  firom  time  to  time. 

Did  you  make  these  minutes  at  the  tines 
to  which  they  respectively  refer  ? — Yes,  I  dki. 

Then  vou  may  refresh  your  memoiy  1^ 
them.  What  was  the  next  meeting  at  whkh 
you  were  present? — ^The  next  meeting  I  at« 
tended  was  at  the  sign  of  the  Unioom^  in 
Covent- garden  on  the  99th  of  October. 

How  many  persons  might  be  present  at 
that  meeting?— I  cannot  exactly  say;  but 
there  was  a  very  large  company ;  the  room 
was  full;  there  might  be  about  seventy  or 
eighty  people. 

Was  the  prisoner  at  the  bar  one  of  them? 
—Yes. 

In  what  character  did  the  prisoner  appear 
there? — As  secretary,  I  understood. 

Who  were  the  delegates  at  that  meetiojgV-« 
Being  a  young  memoer  at  that  time,  ibad 
not  made  myself  informed  of  the  names  of 
the  delegates,  nor  the  number  of  the  divisions. 

Lord  Chief  Justice  -^^- — Was  this  a 
commitee  of  delegates? — ^'Ihis  was  a  meeting 
of  the  division.  No.  2. 

Mr.  Bwiu'tfr.— Did  Mr.  Hardv,  while  you 
were  there,  take  any  part  and  what  ?  were 
any  reports  made  by  any  body  ? — ^Ihere  was 
brought  forward  at  that  time  Tum  Paine's 
Address  to  the  French  People,  and  it  was 
voted  to  be  published  and  delivered  to  all  the 
divisions. 

Was  any  thing  more  said  or  done  at  that 
meeting  ? — Yes. 

By  whom .?— I  don't  know  that. 

What  was  done  next? — ^Tom  Paine*8 Letter 
to  the  People  of  France,  already  published,  to 
be  delivered  out,  and  the  Rishts  and  Duties 
of  Man  to  be  continued  weekly. 

Are  these  minutes  of  resolutions  that  were 
passed  that  night  ? — Yes ;  the  delegates  had 
received  letters  from  the  Manchester  and 
Sheffield  Societies,  approving  of  the  London 
Corresponding  Society's  Address  to  the 
French  Convention — Reported  that  two  thou- 
sand and  upwards  haa  signed  it  at  Nor- 
wich—The Crown  and  Anchor  approve  of  it, 
but  would  send  one  of  their  own ;  thinking 
the  more  addresses  that  were  sent  to  the  Con- 
vention the  better. 

WhowcnpraMUt  bendeitlw  priaoiMr?— 


^ir— '- 


[ 


Ihe  dmsions  is  thus:  the  delegate  of  the  | 
divisioD  attends  ihe  bubiness  that  has  been 
trail  sac  ted  al  ihc  comraiUee  of  delceales,  and 
he  makes  a  re|x>rt  of  what  lelters  and  what  re- 
»oliitioa»  were  broitghl  forward  and  agreed  to. 
That  was  tlie  mode  of  doing  the  business  ? 

Was  there  any  thing  more  passed  al  that 
meeting  ?— That  seems  to  be  all  that  I  have 
niade  any  memorandum  of. 

Do  YOU  recollect  any  ihtng  more,  or  do  you 
nol?-^Thal  h  all  I  recollect  at  that  meeting. 

Who  made  thiit  report  that  you  have  been 
speaking  of  at  the  last  meeting? — I  carmot 
charge  uiy  recollection  who  it  was,  and  there- 
fore I  would  not  speak.  The  next  meeting 
was  of  the  division.  No.  12,  at  the  Crown,  m 
IsewgKtc-slTeet,  on  the  3lsl  of  October. 

Who  was  present  at  that  meeting? — Mr. 
Hardy  was  not  present. 

What  was  done  at  that  meeting? — At  that 
meeting  the  address  to  the  French  Convention 
was  reported  by  the  delegate  that  was  brought 
forward  on  the  27th  of  September  at  the 
Unicorn. 

l>id  any  thing  more  pass  there  ? — T  have 
made  a  remark  of  nothing  more  than  that;  f 
fancy  there  was  nothing  of  any  consequence, 
Tlie  next  meeting  was  at  the  Rainbow,  in 
rieet-strcet,  on  tlie  2nd  of  November. 

Lord  Cliicf  Justice  Eyrf. — What  division 
was  that  i—l  have  not  got  the  number  of  ihe 
division,  and  I  do  not  immediately  recollect  it. 
Lord  Chief  Justice  Eyre. — It  was  not  your 
own  division,  No.  12?— No,  number  12  was 
the  division  I  entered  into ;  it  was  not  that, 
but  another  division ;  to  the  best  of  ray  recol- 
lection it  was  No,  11, 

Mr,  B<wcr.— Did  any  thing  material  pass 
at  that  meeting?— The  delcgaie  reported,  that 
the  company  at  Stockport  had  wrote  to  Shef- 
field of  their  approbation  of  the  different 
meetings.  The  editor  of  the  Sheffield  paper 
Avrote  to  the  delegates,  that  it  would  be  a 
good  plan  to  send  London  delegates  down 
to  leach  the  farmers  pohtics.  A  letter  from  a 
mcetin|»  just  Ibrraed  at  Nottingham,  addressed 
to  the  delegates— I  am  inclined  to  think  that 
letter  was  not  read.  The  next  report  was, 
tiiat  there  were  six  honorar)^  members  ad- 
mitted at  the  Crown  and  Anchor, 

Admitted  to  Uie  Constitutional  Society,  do 
you  mean?— Yes;  that  is  the  whole  of  that 
meeting.  The  next»  division,  No.  IS,  at  the 
Crown,  Newgate*slreet,  November  the  14th, 
Mr.  Btmer.—l  wiil  prove  by  the  paper  in 
my  hand,  tliat  Mr,  Hardy  was  the  delegate  of 
division,  No,  2;  because  your  lordships  will 
have  a  good  deal  of  evidence  of  what  psssed 
in  the  division  of  which  he  was  a  delegate. 

Lord  Chief  Justice  Eyrt. — You  said  you 
did  not  know  who  was  the  delegate  ? — ^I  will 
not  take  upon  myself  to  be  certain,  but  believe 
I  should  be  right  if  I  said  that  Mr,  Hardy  was 
delegate  at  that  UmO;  for  that  division. 


[Mr,  Lauiun  called  again*] 

Mr,  Botwst. — Did  you  find  that  paper  f  show- 
ing it  to  the  witness]  among  Mr.  llardy's 
papers? — I  found  it  in  Mr,  Hardy's  house. 

Jkxanikr  Grant. — I  believe  lUit  is  Mr^ 
Hardy's  hand-writing. 

[It  was  read.] 

**  London  Corresponding  Society,  at  the  Uoh^ 
cornp  Co  vent-Garden^  Monday,  Octol 
1,  1792. 

"  Resolved,  That  Thomas  Hardy,  divisioi 
No,  S.  be  appointed  our  delegate  to  the  standi 
ing  committeo  of  the  several  divisions,  and  t< 
continue  in  office  for  three  months, 
(Signed)     "  A  lex  an  per  1x)wrie,  chairman. 

Indorsed,  "  Division  No.  2,  delegate, 
Thomas  Hardy. 

"  Number  of  members,  120." 

Mr.  Bower ^  to  Lynam. — Whether  the 
son  who  made  the  report  at  that  meeting," 
the  29th  of  October,  at  the  Unicorn,  was  tl 
delegate  ?— Surely  uk 

Mr.  BowcT, — Now  go  on  from  where  y< 
left  off. 

XvTiam,— The    next    meeting  was    at  tl 
Crown^  in  Newgate-street,  on  the   14th 
November. 

What  passed  at  that  meeting? — NolhiJ 
material  1  tanc^;  I  have  no  minute  of 
thing. 

Pass  on  to  the  next,— I  return  back  again 
here  to  a  meetmgat  the  Unicorn,  November 
12th. 

Of  division,  No.  2.  ?— Yes. 

What  passed  at  that  division  r— There  was 
read  a  letter,  written  by  Mr*  Burlow— his 
address  to  the  Convention,  very  inflammatory, 
and  there  were  very  loud  plaudits  at  the 
reading. 

Who  made  the  report  that  night?— The 
delegate  reports,  the  report  is  always  made  by 
tlie  delegale. 

Lord  Chief  Justice  Et/rc, — Was  that  a  letter 
addressed  to  the  division,  or  communicated 
by  the  delegate  as  coming  from  the  cornmillee 
of  delegates? — As  touiiugfrom  the  conuuittee 
of  delegjates,  and  it  was  Barlow's  Letter  ad- 
dressed to  the  Convention  of  Fmuce,  The 
next  is  a  report  by  somebody  lo  the  meeting, 
that  the  London'  Corresponding  ^Society  m 
London,  in  number,  wlis*  mx  thousand  ;  that 
the  division,  No.  14*  mccluig  al  ^pit.illields, 
was  increased,  and  would  soon  be  equal  in 
number  to  all  the  rest  of  the  divi^iuna  of  the 
society.  I'he  first  meeting  of  tlip  London 
Corresponding  Society,  I  was  infornted,  was 
at  Mr,  Robert  Boyd's,  Nn.  il,  Exeter-street, 
and  that  he  had  the  first  resolutions  of  the 
society  ;  1  was  shown  one,  dated  the  2nd  of 
April,  1799: — A  letter  from  major  J olm son, 
of  Edinburgh;  he  does  not  approve  of  thft. 
Address  to  iheConvctvl\ovviW\v{^s>^\^^v^^'^ 
payer  lo  mWta  VW  ^v^\\c  w  ^\cC\c%^  «» 
would  seiaA  ou^  sooTCi  V>  ^^  Wicv^v^  • 


767]' 


S5  GEOUGE  HI. 


Tnal  of  Tlimat  Hurdy 


L768r 


How  was  that  letter  coaveycd ;  was  that  to 
the  division,  No.  2,  at  the  Unicom?.— Yes; 
the  London  Corresponding  Society's  address 
received  by  the  National  Contention,  and 
ordered  to  be  published  atid  sent  to  the 
eirhty-- three  departments. 

Is  that  a  report  of  what  had  been  done  in 
France?— A  report  by  the  delegate,  of  their 
Address  to  the  National  Convention  of  France 
being  received,  and  that  by  the  Convention  it 
was  ordered  to  be  published  and  sent  to  the 
eighty-three  departments  in  France  :---The 
society  at  Sheffield  sent  up  their  Address  to  the 
Convention  to  the  delegates,  who  had  for- 
warded it ;  that  is  the  whole  at  that  meeting. 

Had  sent  up  their  Address  to  the  committee 
of  delcf^ates? — Yes,  aud  they  had  forwarded 
it'to  the  Convention. 

Is  that  tlie  whole  of  the  minutes  you  have 
of  what  passed  at  that  time  ? — ^It  is.  The 
next  meeting  was  at  the  Crown,  in  Newgate- 
Stroety  Na  Si,  division  No.  12:  It  was  at 
tliis  division  mentioned,  that  there  was  a  talk 
of  a  congress  to  be  held  in  Scotland.  The 
next  thing  that  was  dune,  was  to  read  judge 
^sh hurst '6  charge  to  the  grant}  jury.  Ke- 
ported,  tluit  a  society  at  Norwich  wanted  to 
kiiow^  if  wc  meant  to  come  into  the  duke  of 
Richmond's  plan,  or  to  rip  up  monarchy ;  they 
suspected  that  this  was  to  draw  them  into 
some  unguarded  expref«ions,  and  declined 
answering,  lleportcd,  that  the  delegates  ha<l 
wrote  to  tlie  society  at  Sheffield,  and  at  Edin- 
burgh. The  next  is,  the  branchingoff  of  the 
new  division,  from  No.  12 ;  the  branching  off 
was  on  the  '^Ist  of  November,  and  this  new 
division  took  No.  23,  and  met  at  the  Ship  in 
Moorhelds,  on  the  27tli  of  NovemlKT. 

Were  you  a  delegate  of  Ihe  new  division,  or 
did  you  continue  in  the  old  one? — I  was 
chosen  delegate  of  this  first  meeting  on  the 
27tli  of  November;  it  was  recommended  to  j 
inform  the  public  tliat  wc  were  not  levellers, 
and  it  was  reconmicndcd  to  avoid  riot  or  re- 
sistance to  the  laws. 

Lord  Chief  Justice  Eyre. — Were  the  reasons 
for  that  reconuiieiulation  stated  ? — ^There  was, 
at  .the  time,  but  1  did  not  make  any  memo- 
randum of  it,  but  it  was  on  account  of  the 
xnadstratcs  interfering  with  their  meetings, 
and  some  of  the  publicans  had  been  threat- 
ened to  iiave  their  licences  taken  away ;  in 
consenucnco  of  that,  this  was  a  recommenda- 
tion of  the  division. 

Lord  C'hicf  Justice  Eyre. — Was  this  a  re- 
commendation to  vou  from  the  ^committee  of 
delegates,  reported  by  your  delegate } — It  was 
a  conversation — it  was  a  recommendation  of 
the  division  that  it  should  be  carried  by  me  to 
the  committee  of  delegates.  Reported,  that 
in  Edinburgh,  the  first  characters  belonged  to 
tlie  cause,  had  formed  themselves  into  a 
society,  and  called  themselves  a  Convention  of 
Delecates,  and  it  was  resolved  to  subscribe  for 
the  cTcfeDcc  of  any  prosecuted  member  and 
his  family. 
'  Lotd  Cbkf  JustiQO  i^^You  do  Mi 


mean  a  regular  report;  but  tiiaf  thb  'wte  Goa-^ 
vcrsatioa?-^It  was  ooaversatkm.  The  nest 
remark  that  I  liave  got,  i»— a  meeting  of  do* 
legates  st  the  dun,  in  Wiodfnill-street,  od  the- 
29th  of  November;  it  was  agreed  to  changfe 
the  house  weekly. 

Were  you  present  at  a  meeting  of  the  dele- 
crates  that  day  f-^YeSy  tfaiere  were  twenty-two 
dcleffates  met. 

vTiis  any  paper,  or  aitiy  proposal  broiuhl 
forward  there  ?-^Thc  division,  No.  11,  bad 
received  twenty  visitors  from  Islington;  % 
society  was  intended  to  be  formed  tbere. — 
Ttie  sub-committee  brought  fbrti^nl  their 
answer  to  the  Crown  and  Anchor,  but  it  wa» 
referred  back  again  to  tiiat  sab-committee. 

What  Crown  and  Anchor  declaration  wts 
that  referred  to  ?>-The  meeting  of  delegates 
must  have  liad  a  letter  from  the  Constitu- 
tional Societv,  which  must  have  beoi  read» 
and  answeredi  before  I  became  a  dcl^ate  ;  so 
that  what  it  was  i  cannot  tell. 

Mr.  iJower.— When  you  talk  of  the  Crown 
and  Anohor,  dp  you- mean  the  Society  for 
Constitutional  Information  at  the  Crown  and 
Ancholr  P-^Yesj— there  was  one  liresented  by 
counsellor  VaughaUi  a  visitor  from  tlie  Coin 
stitutional  Society ;  he  ofilering  an  answer,  it 
was  read  and  approved  with  some  alterations; 
there  were  some  parts  of  it  that  were  ol^ected 
to,  and  these  words  were 

Lord  Chief  Justice  Eyre. — Was  counsclkir 
Vaughan  present? — ^Yes;  he  was  a  visilot 
from  the  Ck)nstitutional  Society;  the  address 
that  he  brought  forward  was  approved  with 
some  alterations,  a  part  of  the  alteration  was 
"  die  in  the  cansc,*^ 

Tutting  in  or  taking  out  those  words  ?— 
Ooth. 

Lord  Chief  Justice  Eyre. — Did  you  mean 
that  you  struck  out,  or  added  those  words?—* 
Stnick  them  out; — Vjut,  however,  there  was 
something  there  said  in  justification  of  those 
words,  by  something  that  passed  in  Croni< 
well's  time,  about  a  brewer  being  made  a 
colonel — It  was  agreed  that  this  sliould  be 

Eut  in  the  Sunday's  paper  if  possible,  and  five 
undred  large  bills  printed  and  stuck  up  about 
tlic  town,  that  wc  are  not  levellers,  ami  one  to 
be  sent  to  each  division.  — Mr.Vaughan  most 
strongly  recommended  good  order  and  peace*' 
able  conduct. 

Mr.  Bower. — You  say  you  do  not  knovr 
what  the  paper  was  to  which  this  was  an 
answer,  or  wliere  it  came  from  ?-  I  did  nut 
see  that ;  but  this  answer,  that  was  read  that 
night  and  approved  of,  was  brought  forward 
by  counsellor  Vaughan,  and  these  words  were 
erased  out,  but  were  attempted  to  be  jufetificd* 

Do  you  know  from  wliat  society  at  the 
Crown  and  Anchor  that  came  ? — The  Consti- 
tutional Society. 

It  was  an  answer  to  something  receited 
before  you  were  a  member? — Yes;— if  our 
funds  vrere  low.  the  CouBlitutional  Scdeiar 
would  print  for  us. 

Who  nid  Ihitf-i-Bir.  Vaug)^  said  that; 


199] 


Jbr  High  Treason. 


A.  D.  1794, 


tTTO 


it  was  Ihte  Reported  that  many  enemies  to  the 
flocietj  had  endeavoured  to  get  into  the 
sode^'. — At  this  meeting  it  was  reported  that 
hye  divisions  had  heen  scouted,  that  is  pre- 
vented meeting  at  the  places  where  they  usually 
had  met.— Maurice  Marearot  made  a  nioliou 
to  write  to  Mr.  Pitt  and  the  attorney-general, 
that  if  our  meetings  were  illegal  he  would 
surrender  himself ;— this  was  over-ruled,  and 
it  was  agreed  to  support  all  prosecuted  mem- 
ben,  and  recommended  to  all  the  divisions. — 
Mr.  Ertkine^ — ^You  wrote  this  down  at  the 
time  P— Yes. 

.  Mr.  B<mer. — Did  you  receive  that  note  from 
the  prisoner  Hardy  ?  [showing  a  paper  to  the 
witDeai».j  ?— Yes,  I  did. 

[The  paper  read.] 

«  December  4,  179^. 
^Citizen  Lynam,  you  are  requested  to 
ineet  the  Special  Committee  this  evening,  at 
seven  o'clock,  at  the  Nag's-head,  Orange- 
street^  Leicester^fields. — I  am  your  fellow  citH 
feOy  "  TuoMAS  IIardt. 

**  Please  to  inform  any  of  the  delegates  near 
you  that  you  know,  but  no  one  else." 
Addressed  <'  To  Mr.  Lynam,  No.  31,  Wal- 
brook." 

Did  you  in  consequence  of  this  notice  go  to 
the  place  where  that  note  required  you  to  go  ? 
r-I  did;  but  have  no  memorandum  of  any 
thing  that  parsed. 

Have  you  any  recollection  of  what  passed  ? 
«*-I  have  not. 

Were  you  present  at  a  meeting  of  any  of 
the  divisions,  upon  the  11th  of  December?— 
Yes  :  Division  No.  23,  December  the  11th. 

At  what  place  ? — I  fancy  it  was  at  the 
Brown-Bear,  m  Moorficlds,  but  I  have  not  got 
it  down. 

What  passed  at  that  meeting  ? — It  was  re- 
ported at  that  meeting  that  tlie  London  Cor- 
responding Society's  rules  were  introduced 
eiBong  the  soldiers. 

Have  you  read  as  far  as  you  have  taken 
Minutes  of  the  11th  of  December,  at  tlic 
Brown* Bear,  in  Moorficlds? — There  were  no 
new  meinbers  admitted. 
.  Was  any  tiling  material  done  tlierc?— 
It  was  reported  that  colonel  Dairy mplc,  of 
Edinburgh,  was  determined  to  have  a  parlia- 
mentary reform;  it  was  reported  likewise, 
that  the  Irish  were  scouted,  as  we  had  heen ; 
that  they  had  applied  to  the  council^  who  liad 
dedared  their  meeting  to  be  legal. 

To  the  council  ? — \  es. 

Was  it  explained  what  council  ?— The  privy 
'Council  in  Dublm.  A  motion  was  tlien  made 
that  as  the  finances  of  the  divisions  are  low, 
•I  they  cannotpriut  the  Address,  the  divisions 
«rerecommcnded  to  subscribe.  Three  mem- 
bers .of  Uiis  division  declared,  at  tiuit  time, 
tbst  they  would  j»tick  tlicm  up  about  tiie 

WlMt  address  was  it  that  they  were  then 
tdUig  about?— I  fktues  that  must  have  been 
VOL  XXIV.      ^ 


the  Address  to  the  Constitutional  Society,  hut 
I  have  not  got  the  memorandum,  whether  it 
was  that,  or  what  it  was. 

Was  it  the  address  that  was  produced  by 
Mr.  \'aughan  ?— I  rather  think  it  was.  There 
was  a  report  here,  that  Baxter,  who  was 
a  delegate  uf  the  division,  No.  16,  was 
at  the  meeting  at  Shoredttch  Church,  that 
he  opposed  the  meeting,  and  that  he  was 
laid  hold  of;  and  that  in  consequence  of  that, 
seeing  he  could  not  resist,  he  put  his  hanu 
into  his  pocket,  and  pulled  out  many  of  the 
society's  addresses,  and  threw  them  with 
a  good  deal  of  exidtation  among  the  people 
assembled  there,  and  he  complained  tnat  he 
was  very  ill  used,  his  coat  torn,  and  he  struck 
several  times  in  the  church- yard. 

What  meeting  was  that?— That  was  at 
Shoreditch  Church. 

What  time  are  you  got  to  now  ?— The  1 1th 
of  December. 

Do  you  know  what  that  meeting  was  for  ? — 
It  was  a  meeting  to  support  the  constitution 
of  the  country. 

Now  come  to  the  13th  of  December?— -The 
next  meeting  was  at  llound-court,  in  the 
Strand,  on  the  13th  of  December ;  that  was 
a  meetuag  ef  the  delegates. 

How  many  delegates  were  at  that  meeting  ? 
— Eighteen. 

Was  the  prisoner  there  ? — ^He  was  there. 

What  passed  at  that  meeting? — It  was 
there  reported  that  the  magistrates  were  after 
Littlejohn,  and  that  he  is  now  going  to  Soot- 
land.  That  has  nothing  at  all  to  do  with  it, 
thill  is  not  of  anj|r  consequence — a  Mr.  Field 
was  chosen  assistant  secretary.  A  motion 
from  the  division.  No.  4,  that  a  letter  should 
be  wrote  to  the  common  council  of  London, 
to  be  wrote  by  the  secretary,  to  whom  it  was 
referred.  Mr.  Ridgeway  was  to  publish  Mr. 
Margarot*s  letter  to  the  secretary  of  state,  and 
the  receipt  from  tho  post-oflice ;  that  receipt 
from  Uie  post-office  was  to  be  taken  in  my 
name,  and  in  Mr.  Field,  and  Mr.  Bell's 
names. 

Wliat  letter  are  you  now  speaking  of?—- 
Mr.  Margaret's  letter  to  Mr.  Secretary  Dun- 
das. 

Lord  Chief  Justice  JEyre. — ^What  was  that 
about  the  receipt  from  the  Post-office?— It 
was  directed  that  the  letter  should  be  carried 
to  the  post-office  by  myself.  Mr.  Field,  and 
Mr.  Bell. 

Lord  Chief  Justice  Kyre.—W  hat  letter  was 
to  he  carried  to  tho  post-office  ?— Mr.  Margar 
rot*8  letter  to  Mr.  Secretary  Dundas. 

Mr.  haver, — Were  you  to  take  a  receipt 
there  to  show  you  had  carried  it  there? — 
Yes;  if  Mr.  Bell  had  any  objection  to  liave 
his  name  in  tlie  receipt,  the  receipt  was  then 
to  be  in  the  name  of  three  of  the  delegates  of 
the  Jiondon  Corresponding  Society. 

Is  that  a  copy  ot  Mr.  Marganit's  letter  to 
Mr.  Dundas?— {Showing  it  to  the  witncb3.\— 
This  is  the  letter. 

Lord  C\ucUusUct  EyTt,— ^\«!i*^^^^'^- 


771]         S5  GEORGE  lU. 

garot  at  that  time  ? — lie  was  at  this  meeting. 

Mr.  Bower, — ^It  was  put  into  the  General 
Post-oflicr,  tlioiigh  tlie  party  was  in  London 
at  the  time  ? 

Lord  Chief  Justice  Fyre. — Is  that  a  com- 
mon thing? — It  was  done  at  the  request  of 
Mr.  Margarot,  that  the  society  might  be  sa- 
tisfied that  this  letter  was  sent ;  and,  there- 
^fore,  instead  of  sending  it  down  to  Mr.  Sc- 
-cretary  Dundas*s  office,  it  was  determined  to 
put  it  into  the  General  Post-office,  and  then 
there  was  no  doubt  but  that  it  would  go  safe. 

[The  letter  read.] 

"  London,  4th  December,  17P2. 
"  No.  10,  High- street,  Marylmne. 

**  Sir  ; — Honoured  with,  and  happy  in  the 
confidence  of  a  number  of  my  countrymen,  1 
liave  their  request  to  transmit  tfficiaUy  to  his 
majesty's  ministers,  two  addresses  joined  in 
one,  and  containing  to^^tlier  the  reasons  why 
we  have  associated  for  a  parliamentary  re- 
form, and  the  legal  and  peaceable  methods  hy 
which  we  hope  to  maintain  it. 

"So  sanctioned,  I  must  also  inform  yoii 
that  this  letter,  and  these  addresses,  equally 
speak  tlie  sentiments  of  some  thousands  of 
industrious  citizens,  in  this  capital ;  and  of  a 
far  greater  number  dispersed  throughout  the 
island,  there  not  being  a  single  corner  of  it 
(Rotten  Boroughs  excepted)  but  cries  aloud 
for  reform, 

"  Confiding  in  the  justice  of  our  claim,  in 
the  merits  of  our  peaceable  demeanour,  and 
our  ready  obedience  to  all  the  laws  of  our 
countr}',  we  imagine  ourselves  clear  from  all 
charge  or  imputation  of  sedition,  rebellion, 
conspiracy  or  treason ;  and  that  in  pursuing 
what  no  one  can  deny  to  be  our  right,  we  are 
entitled  to  everj*  protection  and  support  of 
governnrient.— I 'therefore,  in  behalt  of  my 
lellow  citizens,  this  day  call  upon  the  king*s 
ministers  to  protect  and  uphold  us  in  the  pur- 
suit of  our  constitutional  rights;  and  require, 
that  in  future,  our  lawful  and  well  regulated 
assemblies,  may  be  no  more  disturbetl  or  in- 
terrupted! by  the  saucy  interference  of  usurped 
authority,  by  men  unnamed,  working  with 
threats  upon  the  fears  of  uninformed  juibli- 
cans,  and  boasting  of  secret  orders  and  w;u'- 
rants— as  though  Britain  was  fallen  under  a 
despotic  government,  and  hahle  to  be  ruled, 
not  by  laws,  but  by  proclamations,  and  to  be 
subservient  to  ministerial  dictates,  written  on 
a  drum  head,  and  proclaimed  by  the  mouth 
of  the  ciuinon. 

"  Kqually  known  by  his  activity  as  by  his 
knowltMlge  of  the  laws,  an  honest  magistrate, 
whoso  */)iVs  liad  well  informed  him  ot  the  na- 
ture of  our  meetings,  has  acknowledged  that 
they  wore  ;)«rtcviiWr,  innocent,  and  cosstiti- 
TiONAi..  and  further  admits  the  necessity  of  a 
reform : -at  ymir  hands,  sir,  I  therefore,  d«>- 
mand  justice  ami  protection  for  the  society 
against  all  rutVuns,  who,  let  loose  on  the 
iniblic,  have  dared,  or  shall  hcncefbrwani  dare, 
like  the  sitdiiles  of  anciaii  wuiffutmij  ty» 


Trial  of  Thomas  Hardy 


(778 


rants,  assume  to  themselves  the  double  office 
of  making  laws  and  executing  them.  Cert^ 
that  such  an  iniquitous  system  cannot  orijp- 
nate  in  a  British  cabinet,  we  exclaim^  nugf 
perdition  light  equally  upon  such  vile  miscre- 
ants, and  upon  their  employers ! 

'*  Were  we,  according  'to  the  hackneyed 
custom,  to  recur  to  prec^cnts,  we  should  say, 
that  Mr.  Pitt,  and  the  duke  of  Richmond,  have 
themselves  traced  out  the  path  which  we 
now  pursue,  that  the^r  themselves  haTe  as* 
sertcu  the  rights  of  Britons,  to  a  fair^  equal, 
and  adequate  representation  in  parliament-* 
that  they,  themselves,  had  invited  us  to  asso* 
ciatc  and  discuss  our  rights;  and  we  might 
add,  that  in  so  doing,  they  spoke,  they  acted 

like  honest  men they  were  not  then  in 

office. 

"  But  the  Rights  of  the  People  being  ever 
the  same,  such  precedents  and  such  support^ 
ers  are  superfluous.  However,  as  things  seen 
through  tiie  medium  of  power,  have  a  veiy 
different  aspect  from  what  they  wore  when 
those  worthy  gentlemen  were  on  the  other 
side  of  the  question^  it  is  not  altogether  im- 
probable that  sctverities  may  be  h^  recourse 
to,  to  quell  that  desire  for  reform  which  they 
themselves  have  r^sed. — Should  that  be  the 
case,  I  beg  it  as  a  favour,  or  rather,  beins  in 
the  foremost  rank,  claim  it  as  my  right,  mat 
the  attack  may  commence  upon  me.  When* 
ever  extraordinary  measures  may  be  adopted^ 
I  earnestly  wbh  to  be  the  first  of  the  society 
in  feeling  the  eficcts  of  them,  and  shall  deem 
it  not  a  proud,  but  an  honourable  day,  in 
which  I  shall  be  called  upon  to  plead  the 
cause  of  my  fellow  citizens  against  oppsea- 
sion. 

*'  Claiming  protection,  I  have  a  right  to 
your  answer,  cither  to  refuse  or  to  grant  it — in 
either  case  it  shall  be  mailc  public — as  shall 
also  Your  silence,  should  you  not  attend  to 
this  letter,  expressing  the  request  of  many 
thousand  citizens.  Our  country  bhall  then 
judge  us  bolli. — I  am,  ^ir,  your  very  humU» 
scr\-ant, 

*'  MAURICE  MAHGAll()T,Chainnai^ 
to  the  committee  of  delegates  of  the^2 
London  Corresponding  !>ociety,    unite^^ 
with  a  view  of  obtaining  a  thorough  par-— ^' 
liamcutary  reform. 
•*  The  honourable  Uenry  Dundas,  secretary  o^^ 
state  for  the  home  department,  &c. 
"  Delivery  at  the  General  Post-ofliee.^.--' 
"  Witnessed  5th  December,  ITOa.** 

This  was  directed  to  be  printed  ? — ^Ycs, 
And  this  was  one  of  the  copies  that  were    ^ 
J  printed  ? — Yes  ;  a  motion  was  then  made  Uy^^ 
'  recommend  to  the  committee  to  consider  the  ^ 
ca:^  of  all  members  being  prosecuted,  to  be    '^ 
supported  bv  every  division,  and  a  committee    -^ 
was  formed  for  that  purpose. — ^Division,  No. 
I  1,  reconimended,  that  it  be  represented  to 
the  public^  that  confusion  may  be  expected* 
but  that  if  riots  ensue  our  societies  wUl  aidtiw 
miliitnitci^  and  thai  copies  be  Mat  to  ^ 


773] 


j€(r  High  Treasm. 


rinagUtrates;  but  take  care  that  we  say  that 
tbm  is  not  the  least  disposition  appears  of 
.commlttiDg  any  riot,  and  that  we  will  perse- 
vere in  a  parliamentary  reform.  If  tlie  pro- 
secuted person  is  found  not  to  have  been  rash 
in  words  or  in  violence,  a  proper  person  to 
protect  by  the  society. 

Lord  Chief  Justice  Eyre, — What  was  done 
upon  this  ? — I  do  not  know  that  there  was 
Any  tiling  done,  there  were  many  things  agi- 
tated in  the  committee. 
.  Lord  Chief  Justice  E^re, — ^I'his  was  a  re- 
eoinmendation  from  the  division  to  the  com- 
mittee— what  did  the  committee  do  upon  it  P 
—It  was  approved  of  in  the  committee,  but  I 
do  not  recollect  that  there  was  any  thing 
done  by  the  committee  in  consequence  of 
that  recommendation. 

Lord  Chief  Justice  Eyre. — Have  you  any 
memorandum  of  its  having  been  approved  ? — 
It  was  approved  of,  if  it  had  not  been  ap- 
proved I  should  have  made  a  memorandum 
at  the  time. 

Lord  Chief  Justice  Eyre, — ^You  know  if  it 
was  carried  into  execution  there  would  have 
been  copies  to  l>e  sent  to  the  magistrates ; 
was  there  any  direction  that  copies  should  be 
sent  to  the  magistrates.^ — There  was  not. 
The  delegate  oi  division,  No.  2,  desires  to 
.bring  forward  the  cards  in  red  print,  and  to  be 
oval. 

One  of  the  Jury.— What  are  they  ? 

Ur.  Bower, — The  ntw  tickets. 
_  Lynam. — Each  member  to  give  up  his  old 
ticket,  or  to  be  admitted  again  anew,  paying 
up  his  quarterage,  and  to  allow  no  member 
but  what  pays  up  to  the  quarter — to  be  bind- 
ing to  all  the  divisions — not  to  be  allowed 
tkiLets  till  the  quarterage  be  paid  up— received 
two  letters,  one  from  Norwich,  signed  Cozins, 
•ecretaiy,  saying,  Uiat  there  were  meetings 
held  there  as  well  as  at  other  places  to  sup- 
port government ;  and  they  ask  in  tliat  letter 
whether  the  London  Corresponding  Society 
signed  at  those  meetings  for  the  support  of  go- 
vernment; it  was  directed  by  Mr.  Margarot 
that  this  letter  should  not  be  taken  notice  of 
to  any  of  the  divisions. 

Sign  what? — Sign  to  the  support  of  govern- 
ment 

Lord  Chief  Justice  Eyre. — Was  it  resolved 
that  it  should  not  be  conmiunicated  to  the 
different  meetings? — It  was  upon  Margarot's 
pfoposition.  Tlien  tliere  was  a  letter  dated 
the  16tli  from  i'ai^ley,  that  they  were  willing 
to  correspond  with  us— twelve  societies  formed 
in  August  for  a  parliamentary  roform.  Then 
tJiere  wasa  letter  Irom  Kdinluirgh,  uf the  11th 
f>f  December,  to  call  a  convention  of  all  Scot- 
Jand,  to  be  of  the  same  opinion  ;  the  title  of 
tJtmi  society  wa.s,  '*  The  I'ricnds  of  the  Peo- 
ple.'' Archibald  East  liodge,  president ;  W. 
Ileedy  secretary. 

Lord  Chief  Justice  Eyre. — Is  this  the  so- 
ciety Ihst  wnjtc  the  letter? — Yes;  it  was  re- 
copmiended  by  several  delegates  to  corres- 
pond with  the  Fri^s  of  the  Feoplci  at  Free- 


A.  D.  ITD*.  1.774 

mason*s  tavern;  their  letter  saying,  that  they 
would  be  very  glad  to  correspond  with  them 
as  they  are  in  the  same  way  of  parliamentary 
reform,  wrote  by  Margarot  to  Mr  Stuart,  No. 
15,  Frith-street,  Soho.  The  next  is  a  division 
meeting,  No.  83,  Crown-street,  the  18th  of 
December ;  nothing  passed  there.  The  next 
meeting  is  the  20th  of  December,  No.  31, 
Compton-  street,  a  niceting  of  delegates. 

Mr.  Bower.— Uovi  many  attended  I* — Eigh- 
teen delesates  met. 

Was  the  prisoner  there  ? — lie  was  ;  two 
members  deputed  from  the  Constitutional 
Whigs  to  know  if  the  London  Corres])onding 
Society  would  address  the  Fxiends  of  the  Peo- 
ple. Baxter  recommended  to  take  his  case 
mto  consideration,  he  being  prosecuted  for 
his  resistance  at  the  meeting  at  Shoreditch 
church.  Division  No.  12,  recommended  to 
petition  parliament  before  Mr.  Grey  brings  in 
his  bill  for  a  parliamentary  reform. 

W^s  Baxter  supported  ? — He  was  not,  but 
his  matter  was  brought  forward  afterwards ; 
inquirv  was  made,  whether  we  corresponded 
with  the  societies  formed  at  Ipswich  and  at 
Woodbridge,  the  answer  was,  no.  Mr.  Mar- 
tin recommended  not  to  publish  any  thing, 
the  times  won't  do;  he  says  that  you  cannot 
oppose  the  treasury.  Then  Baxter  brought 
forward  a  motion  Irom  his  division.  No.  16, 
for  the  delegates  to  consult  and  to  determine 
whether  they  will  sign  the  Crown  and  Anchor 
address — it  was  determined  to  be  left  to  the 
discretion  of  each  individual,  but  it  was  re- 
commended to  avoid  sieiiing  it  if  pcissible. 

Lord  Chief  Justice  Eyre.— Do  you  know 
what  address  that  was  ?— It  was  the  society 
at  which  Mr.  Reeves  presided.  There  was 
an  answer  sent  to  Cozins  of  the  Norwich  So- 
ciety, by  Mr.  Margarot,  that  we  will  not  sign 
any'of  the  meetings,  and  desired  them  to  find 
out  some  way  of  communication  ;  they  sent 
a  reply,  that  they  had  sent  five  guineas  in 
order  to  have  Mr.  Fox's  speech  sent  down  by 
the  Expedition. 

Mr.  Erxkinc—Whiai  spoech  ?— In  the 
House  of  Commons. 

Mr.  AVj/circ— Upon  what  occasion  ?— On 
a  parliamentary  reform,  and  to  send  them  by 
the  Expedition.  Thry  arc  to  publish  some 
hand-bills,  and  show  that  they  arc  not  dis- 
heartened, and  are  determined  not  to  sign  but 
persevere.  Five  hundred  copies  of  iMr.  Fox's 
speech ;  fifty  of  Margarot's  letter  to  Dundas  ; 
fifty  of  John  Bull  to  Thomas  Bull  were  tent 
down.  A  motion  was  made  by  divihion  Ifi, 
tliat  each  division  present  a  ticket  gratis,  to 
any  soldier  that  will  he  asrrcablc  to  enter,  but 
caution  ihcm  at  the  s;imc  time  when  they 
were  admitted  of  the  «l:ingrr— this  was  not 
agreed  upon,  hut  rclrrred  fur  a  week. 

Mr.  Bmrcr.—iH  that  of  the  same  date,  the 
20th  of  December :*— Yes.  A  motion  from 
division,  No.  24,  th:itil  is  the  opinion  of  tliis 
society,  that  tliis  society  do  pul>lish  our  de- 
termination, and  our  readiness  to  assist  Iho 
magistraUSi  and  that  we  would  persevere  iu  a 


V75]         35  GEORGE  HI. 

parliamentary  reform— agreed  that  Margaret 
do  draw  it  up  against  the  next  meeting.  There 
came  forward  a  petition  from  WiilHun  Carter, 
who  was  employed  to  stick  those  bills  up, 
that  he  had  lost  a  place  of  twelve  shillings  a 
week. 

Do  any  directions  appear  to  be  given  in 
consequence  of  that  ? — He  says  he  was  con- 
fined three  days  and  two  nights,  but  Martin 
says  only  one  day. 

Mr.  liawer. — You  have  omitted  there  some- 
thing respecting  Carter,  look  back  to  voiir 
minute  of  the  20th  of  DeccroberP — No,  I  have 
not-— it  was  referred  for  a  month.  Martin 
was  employwl  for  the  defence  of  William  Car- 
ter, and  there  was  a  subscription  then  made 
for  thai  defence;  at  that  time  division,  No. 
19,  subscribed  a  guinea  and  a  half;  No.  18, 
fifteen  shillings  ;  No.  ll,  five  shillings.  There 
was  an  intimation  at  that  time  that  Ridgeway 
would  publish  any  thing  the  society  should 
Bcnd  to  him— he  mentioned  the  duke  of  Rich- 
mond's letter,  and  said  that  he  would  print 
that  or  any  thing  they  sent. 

Information  from  whom? — Some  one  of  the 
delegates.  Baxter*s  business  was  brought 
forward  again ;  Martin  informed  him  that 
his  recognizance  was  not  entered  at  Hick's 
Hall ;  he  was  ordered  to  withdraw  his  recog- 
nizance himself,  and  then  he  could  not  be 
held  himself  again  to  bail  in  that  action,  but 
there  was  not  any  thing  done  in  that ;  it  was 
then  said  that  Mr.  Fox  had  gone  as  far  as  we 
can  expect,  but  we  do  not  look  upon  him  to  be 
more  honest  than  others,  and  think  he  has 
been  forced  to  avow  himself  so  strongly  in  the 
House,  and  it  is  necessary  to  have  ahead. 

Necessary  to  have  a  head  for  what  ? — To 
the  plan  that  was  carrying  on— it  alluded  to 
the  whole. 

Mr.  Erskine. —-Il2ivc  you  any  note  of  that 
last  ob.*»crvalion— who  made  the  last  observa- 
tion ? — Margarot.  Gay,  a  printer,  belongs  to 
the  society,  but  he  denies  it;  he  employed 
William  Carter  to  slick  up  the  large  bills"  in 
the  morning,  instead  of  the  everiiiig,  wliicli 
was  the  reason  why  he  was  taken  up — this  was 
reported  at  that  time  by  Martin.  The  next  is 
No.  3l,Conipton-slrcct,  'J7tli  of  December,  a 
mcctinj;  of  delegates. 

Was  I  he  prisoner  present? — lie  was  pre- 
sent. It  was  then  recommended  that  each 
delegate  take  the  opinion  of  each  division  of 
the  propriety  of  admitting  soldiers,  and  upon 
what  terms. 

One  of  the  Jury. — Was  this  a  nieolinj:;  of 
delejjatcs  ?— Yes— Ihc  next  meeting  was  a 
meeting  of  delegates.  No,  3 1 ,  Compton  ■  street, 
on  the  3d  of  .lanuary,  179:J:  Marsarot,  rhoso 
president;  Ilardy,  secretary;  Field,  sub-se- 
cretary. 

Was  any  thing  done  there  ?— It  was 
proposed  that  each  member  should  pay  a 
penny  each  night  if  he  introduced  a  visitor,  to 
pay  at  tlic  division  he  attends,  and  then  to  be 
discharged,  paying  at  his  own  division.  Mr 
Durant,  a  stranger,  acquainted  us  of  Thorn- 
ton's dibtre&s« 


Tfial  of  Thomas  Hardy 


[776 


Who  was  Thomson  ?-~A  man  that  Ihred  Vf 
Coventry- street,  I  forget  the  name  of  tte 

flace;  he  was  gone  ofiF  to  France  at  that  tine^ 
think. 

His  distress  upon  what  occaskmP— The 
wife's  distress,  m  consequence  of  his  beiag 
obliged  to  leave  London,  being  one  hekmging 
to  this  society,  a  very  violent  man,  and  he  was 
therefore  sought  al\er;  it  was  repreaoiled 
that  the  rent  was  not  paid,  and  that  she  was 
quite  distressed  with  three  children,  Thomssn 
gone  to  France,  the  rent  owing,  nine  jniineas 
—Mr.  Harvey,  an  attorney  of  the  Tero|rfe^ 
her  friend— sixteen  delegates  met,  and  col* 
lected  in  the  whole  12s  6flf.  for  her,  and  it  wu 
to  be  recommended  to  each  division,  hut«s  a 
body  they  do  not  assist  any  body— There  was 
I  a  motion  came  forward  then,  for  a  declardtion 
to  tlic  pubhc,but  objected  to  by  two  diviswns, 
saying,  power  supersedes  the  laws,  or,  aa  it 
suits  them,  leaves  those  laws  dormant— rather 
have  a  constitution  without  a  king  than  a  king 
without  a  constitution. 

A  declaration  of  what  ?— 1  have  not  got  it 
down  here,  and  I  do  not  recollect  what  it  was : 
it  was  some  declaration  to  the  public— rather 
have  a  constitution  without  a  king  than  a 
king  without  a  constitution : — ^This  we  say, 
if  r^uced  to  be  republicans. 

Lord  Chief  Justice  Eyrtf— Who  proposed  to 
publish  that  declaration?— This  was  a  matter 
that  was  brought  forward  by  some  one  of  the 
delegates  at  the  meeting,  upon  every  thing  of 
that  sort  that  was  proposed,  the  opinion  was 
taken  of  every  delegate,  «inc  after  another, 
and  in  the  course  oftaking  that  opinion,  there 
were  two  of  the  divisions,  or  two  of  those  de- 
legates, thnl  objected  to  it. 

Lord  Chief  Justice  Eyre.— Did  that  stop 
it  ? — 1  do  not  think  any  thing  was  done  in  it 

Lord  Chief  Ju<.lice  Et/re. — Was  it  according 
to  the  course  of  the  business,  that  if  two  di- 
visions objected,  the  measure  was  stopped  for 
the  time .^— No,  only  by  the  maiority— Mr^ 
MargJirot  then  reported,  that  we  bad  had  nc^ 
letters  for  two  months,  except  one  he  had  re-^ 
reived  that  day,  but  the  seal  was  opened  an^-- 
it  was  bcaled  again  ;  it  was  then  mentionecff^ 
there   were  five  delegates  from  the  Komac^^ 
Catholics,  that  they  were  of  the  same  mean-**" 
ing  with  u.s,  and  it  was  agreed  to  try  and  scc:^ 
if  wc  could  not  settle  a  correspondence  wit):^^ 
them.  ^ 

Mr.  Bower, — Five  dele^tes  present  thal^ 
day? — No—it  was  reported  that  they  were  \x^^ 
London,  Irish  lloman  Catholics, 

Dclecjates  from  Ireland } — Yes,  then  in  Lon ' 

don  --'Ihe  next  is  the  meeting  of  the  divisioD^^ 
No.  23,  Janiiarj-  «;  I  have  it  down  here,tha^^ 
t!ur  declaration)  which  is,  I  suppose,  the  de— — " 
claration  mentioned  before;  that  division  met?^ 
at  No.  S3,  Crown- street,  Moorfields. 

Was  the  prisoner  ihere  ? — No ;  I  have  solP 
down  here,  that  the  declaration  ;  it  is  tiicp 
opinion  of  this  division  that  it  should  be  re-*** 
jected— it  was  agreed,  likewise^  not  to-addres.'? 
the  king  «t  all. 


777] 


fat  High  Trmsoft. 


Ja  thdX  ai  dedaratkm  of  the  principles  of  the 
■ociety  ?---The  declaration  mentioned  in  the 
huX  meeting,  I  cannot  tell  what  it  was  ;  it  was 
said  thaX  Mr.  Grey  would  not  bring  forward 
bis  motion  for  a  reform,  unless  petitions  were 
sent  to  parliament ;  agreed  to  peliUon  parlia- 
meotby  all  meaiKs,  ami  not  to  address  thcra. 

Mr.  £rj/ciiie.r^Uepeat  thatP^Unless  tlie 
•everal  societies  petitioned. 

Lord  Chief  Justice  Eyre — And  they  agreed 
to  petition  by  ail  means  ?-~Yes^Thc  next  is 
a  meeting  of  the  loth  of  January  I79S,  at 
Ko.  SI,  Old  Compton-street,  seventeen  dele- 
gates attended ;  the  declaration  was  ordered 
to  lie  upon  the  table ;  then  it  wasagrced  upon 
that  no  written  papers  should  come  to  a  meet- 
ing of  delegates  but  by  a  delegate,  or  through 
the  treasurer  or  secretary  ;  carried  unani- 
mously. 

Mr*  A«per.— WusMr.  Hardy  there?— Yes; 
I  do  not  remember  Haidy  bemg  absent  one 
night;  Mr.  Margarot  then  reported,  that  the 
country  correspondence  did  not  shine. 

What  do  you  mean  by  shining  ? — ^That  there 
were  but  very  few  letters—lie  reported  that 
he  had  sent  a  letter  to  the  Friends  of  the 
People  at  Free-Masons'  tavern ;  the  answer 
was  read  on  the  16th  of  December,  accepting 
our  correspondence,  that  a  reform  by  perse- 
verance will  be  obtained. 

That  is  the  answer  from  Free- Masons' 
tavern  ?---Y€s ;  and  that  they  revered  tlie 
constitution  for  protecting  persons  and  pro- 
pert^r,  and  recommending  us  to  be  careful  not 
to  mix  foreign  politics  with  home  politics,  and 
to  avoid  foreign  correspondence,  by  which 
means  they  would  prevent  the  imputation  of 
levellers,  and  would  prove  that  we  are  other* 
vise  inclined  ;  signed,  D.  Stuart,  secretary, 
No.  69,  Queen- street,  Dean-street:  it  was 
then  remarked  that  this  society  never  had 
brought  forward  their  principles,  and  it  was 
determined  not  to  correspond  with  them ; 
Mr.  fieU,  one  of  the  delegates,  in  consequence 
of  the  remarks  that  were  made  upon  this 
letter,  made  this  observation :— Our  addresses 
lo  the  Convention  of  France,  prove,  that  we 
mean  their  laws  here. 

Was  that  assented  to  or  dissented  from,  or 
what  was  the  conduct  of  the  committee  upon 
it?— It  was  not  objected  to ;  it  was  approved 
by  all  the  tncctiiig. 

Recollect  whether  any  person  present  made 
any  observation  upon  *thatf — Mr.  Marearot 
Hid,  no  doubt ;  but  there  was  not  any  body 
elee  that  objected  to  it;  it  passed  with  the 
silent  assent  of  the  rest  of  the  company. 

Did  Mr.  Margarot  sav  any  thing  else  as  to 
what  should  be  the  conduct  of  the  society  ?-  - 
At  that  time  they  were  under  a  good  deal  of 
difficulty,  bcinp  disturbed  in  their  meetings, 
and  a  vast  deal  of  very  strong  ]an«^uagc  had 
been  held  both  then  and  at  former  times,  and 
afterwards  too. 

You  do  not  recollect  whether  lie  said  any 
thing  more  than  that? — Not  paiticularly;  it 
%as  obscivcd  by  some,  one  of  the  delegates. 


A.  D.  1794.  [77S 

that  Mr.  Pitt's  plan  to  add  a  hundred  mem- 
bers to  the  House  of  Commons  would  not  do, 
for  that  would  still  give  them  more  advan* 
tage,  and  keep  us  from  a  proper  reform ;  Mr. 
Gerrald  then  said,  he  knew  a  person  of  the 
name  of  Dolon,  who  was  secretarv,  and  one 
of  the  Irish  delegates  too,  and  that  he  was 
gone  off  to  Ireland ;  that  he  knows  his  ad- 
dress ;  he  explained  to  him  our  endeavours,  of 
which  he  approved,  and  he  proposed  to  cor- 
respond with  him ;  he  said  the  Cathohcs  had 
succeeded  entirely ;  Bell  had  a  firiend  that  he 
knew,  whose  name  was  Devereux,  one  of  the 
delegates,  and  he  agreed  to  correspond  by  the 
post— however,  that  was  said  to  be  dangerous, 
as  no  letters  go  through  tlie  post4>ffice— That 
is  the  whole  of  that  meeting.  The  next  is  the 
14th  of  January  at  Mr.  Hardy's— Mr.  Hardy 
had  sent  fifty  ot  our  addresses,  and  twelve  of 
Keirsant's  speeches. 

Keirsant's  speech  where  ? — In  the  French 
Convention. 

Who  told  you  Mr.  Hardy  had  sent  them  ? — 
He  said  himself  that  he  had  sent  fifty  of  our 
addresses,  and  twelve  of  Keirsant's  speech  in 
the  French  Convention,  to  different  corres- 
pondents in  the  country. 

When  you  speak  of  addresses,  what  do  you 
mean  ?— I  mean  of  the  original  address  of  the 
society. 

Lord  Chief  Justice  Eyre.— This  a-as  a  con- 
versation at  the  prisoner's  P— Yob,  I  called  upon 
him ;  this  I  haa  from  him  at  his  own  house  in 
conversation.  The  next  is  a  meeting  of  dele- 
gates on  the  17  th  of  January. 

How  many  attended  ? — I  fancy  I  shall  come 
to  it  afterwards. 

Where  was  that  meeting? — At  No.  31, 
(Mmpton- street ;  it  was  then  reported,  that 
nineteen  of  the  divisions  were  kept  up  at  that 
time ;  it  was  then  agreed  upon  to  debate,  and 
to  consider  whether  or  no  the  age  of  eighteen 
or  twenty-one  was  the  most  proper  age  for 
allowing  of  voting  for  a  member  of  parlia- 
ment, and  one  reason  given  why  eighteen  was 
the  i^roper  time  of  life  to  have  a  vote,  was,  it 
was  mentioned  that  they  were  liable  at  the 
age  of  eighteen  to  be  militia-men— A  motion 
was  made  by  the  delegate  of  division  18,  to 
appoint  a  committee  and  report  Carter's  case, 
and  his  family,  and  of  the  money  necessary 
for  their  support:  division  No.  V2  recom- 
mended to  consider  of  a  public  meeting  to 
discuss  a  parliamentary  reform,  but  that  was 
referred  back  again;  the  delegate  of  No.  15 
recoinineiided  the  society's  addresses  to  be 
given,  live  to  each  member,  for  the  purpose  of 
deliverin":  theiii  out  to  the  public ;  the  dele- 
gate of  division  No.  4,  made  amotion,  that 
the  thanks  of  this  society  be  conveyed  to  the 
muyor  of  Olasgow,  a  society  at  Durham,  and 
a  society  at  Dundee,  for  uniting  with  us  in 
our  intentions,  and  that  it  be  recommeuded  to 
correspond  with  them ;— sixteen  delegates 
met ;  a  petition  from  Carter  presented— he  is 
sentenced  to  six  months  imprisonment,  to  pay 
a  fioo;  and  find  sureties;  it  was  a  remaclL^^ 


779] 


35  GEORGE  IIL 


Trial  of  Thmoi  Hardy 


[780 


Marearot%  that  it  was  supposed  it  would  be 
for  fife;  a  committee  appointed  to  inquire 
into  the  expense  of  iiis  defence,  and  the  man- 
ner tfi  which  it  had  been  conducted  by  Martin ; 
a  motion  then  was  made,  for  all  the  delegates 
to  meet  every  Saturday  evening  for  public 
conversation,  paying  a-penny  each  for  the 
room— a^ed  to,  and  to  be  when  Carter's 
business  is  done ;  this  public  conversation  was 
to  discuss  politics  for  the  purpose  of  inform- 
ing themselves  of  the  situation  of  the  then 
times,  and  what  steps  were  pursued  in  the 
House  of  Commons.  The  next  is  January  the 
17th.— A  letter  from  Norwich,  that  they  ad- 
mired our  spirited  conduct  very  much*-that 
they  wrote  to  Mr.  Grey  on  the  11th  instant, 
and  to  the  Friends  of  the  People— the  Friends 
of  the  People  propose  a  mild  reformation — 
Ihcy  want  to  know  if  they  are  friends — that 
the  societies  are  numerous,  and  in  the  countrv 
the magistratespreventtheir increase;  signed, 
Blako,— that  is,  the  letter  received  was  signed 
JRlakc : — Benjamin  Hobhouse,*  esq.  at  &ith, 
had  formed  a  society  agreeable  to  ours ;  he 
advised  us  to  point  out  a  conveyance,  and  he 
would  inform  us  how  they  went  on— it  was 
agreed  to  send  a  letter  by  the  post— if  it  was 
not  answered,  then  to  send  to  a  Mr.  Richards, 
booksrllcr,  at  Bath ;  then  it  was  recommended 
to  correspond  with  the  Societies  at  Norwich, 
througli  the  means  of  tlie  Bell  Society. 

What  is  ^e  Bell  Society  ?— Some  societv, 
I  believe  it  was  at  Norwich : — ^January  &4th. 
No.  31,  Compton- street,  there  were  two  gen- 
tlemen came  with  a  petition,  which  was  drawn 
lip,  as  it  was  supposed,  by  Mr.  Harvey  of  the 
Temple — one  o\  them  was  a  delegate,  who 
formerly  had  been  delegate  for  No.  11,  saying, 
Mr.  Thompson's  house  had  been  searched  in 
the  dead  ot  the  night — Mrs.  Thompson  relies 
upon  our  support,  as  promised  —it  was  then 
determined  that  no  such  promise  ever  had 
been  made  tu  her — she  wanted  assistance  to 
po  to  France — Hardy  said,  he  had  given  her 
'J/.  K')v.  (3c/.  on  the  5th  instant,  and  then  she 
thanked  hiui — Martin  thought  it  should  be 
rejected,  but  it  was  agreed  to — Martin  then 
reptaled,  that  he  had  an  ex-officio  from  the 
attorney-general,  and  he  might  be  as  much 
an  object  of  the  support  of  the  delegates,  and 
of  the  (hvisions,  as  she ;  upon  Martin's  exa- 
mination, lie  drew  up  a  long  brief,  and  showed 
it  to  Mr.  Vaughan,  who  had  no  objection  to 
defend  it — afterwanls  he  s=aid  it  ^vas  indelicate 
to  defend  it,  it  being  his  own  writing,  and  he 
wislied  it  not  to  be  known — it  was  recom- 
mended to  apply  to  Mr.  Erskine,  but  he  de- 
chned  it — then  Mr.  Garrow  was  applied  to, 
he  was  found  averse — then  it  was  recoui- 
mended  to  Mr.  Fielding,  he  declined  it — then 
Mr.  Warren  undertook  it — Martin  said,  that 
Grant  was  the  sole  cause  of  Carter's  punish- 
ment, he  had  got  the  manuscript  of  the  bill, 
and  he  declined  looking  for  it^Martin  wonted 
tusee  it  destroyed— it  was  then  determined 

*  In  iai2  created  a  baronol. 


that  Field,  the  sub-secretaiy,  should  apply  lo 
Grant,  and  if  he  did  not  give  it  up,  that  he 
should  be  expelled  the  society,  and  then  he 
would  be  expelled  as  our  honorary  visitor  at 
the  Crown  and  Anchor  tavern. 

Lord  Chief  Justice  Eyrt, — What  mamiscript 
is  that  ?^The  manuscript  of  the  bill,  which 
was  stuck  up  by  this  Charter,  which  he  was 
imprisoned  for :  it  was  mentioned  then  that 
Dttleiohn,  likewise,  was  an  honorary  member, 
and  that  he  would  also  be  expelled ;  Martin 
then  said,  that  he  had  seen  Carter,  who  sud 
that  he  bad  got,  in  his  pocket  that  which 
would  do  for  the  delegates — ^It  was  then  de- 
termined that  he  should  not  receive  his 
guinea  a  week  after  this,  unless  he  asked 
pardon,  and  the  manuscript  was  given  up  by 
Grant. 

Mr.  Bower, — ^Who  should  not  receive  a 
guinea  a  week  ? — Carter  should  not  receive  a 
guinea  a  week  which  he  was  allowed  by  the 
society.  Motion  from  division  1G,  to  address 
a  letter  to  the  Friends  of  the  Liberty  of  the 
Press,  for  their  exertion  at  the  Crown  and 
Anchor,  the  same  people  as  met  there  under 
Constitutional  Information.  A  letter  from 
Norwich  to  be  answered,  but  it  was  not  read. 
A  letter  from  Richter,  saying  he  dare  not  at- 
tend us,  but  that  we  may  depend  upon  his 
being  a  friend :  he  carried  the  address  to 
Grant.  The  delegates  are  to  meet  next  Thurs- 
dav.  No.  8,  Queen  street.  Seven-dials.  The 
delegate  of  the  division  (I  think  No.  5)  is 
going  to  France,  and  he  has  got  some  copies 
of  T.  Paine*s  works ;  he  received  a  letter  on 
Tuesday  night  from  a  friend  at  twelve  o'clock, 
saving,  ''  a  hint  to  the  wise,  you  will  all  be 
taken  up.*' 

Was  Hardy  present  ?— Yes.  The  next  is  a 
meeting  of  delegates  on  the  31st  of  January. 
A  motion  brought  forward  by  the  dcle^te  of 
division  No.  1(5,  which  was  Baxter,  wishing 
that  six-pence  may  be  paid  only  to  the  society, 
and  the  other  seven- pence  to  go  towards  the 
expense  of  their  room,  it  was  agreed  that  this 
might  be  a  ver^'  proper  measure  to  be  adopted 
for  poor  divisions;  it  was  particularly  re- 
marked that  at  that  time  the  people  round 
Spitalhelds  were  exceedingly  numerous,  and 
supposing  that  they  should  come  to  any  open 
resistance  these  were  divisions  that  ought 
particularly  to  be  encouraged. 

Mr.  iiojiV-r.—Iiepeat  that  slow  ? — A  motron 
was  brought  forward  by  the  delegate  for  No. 
16,  Baxter,  wishing  that  six- pence  (a  quarter, 
it  should  be)  may  be  paid  only  to  the  society, 
and  the  other  seven-pence  that  was  paid,  to 
go  towards  the  expense  of  their  room  ;  it  was 
agreed  that  though  this  might  be  vcrv  proper 
in  all  poor  divisions,  it  was  remarked  at  that 
time,  and  it  was  assented  to  by  the  whole 
meeting  of  delegates,  that  supposing  there 
should  be  an  opposition,  or  tnat  the  two 
parties  in  fact  should  come  to  ao  open  de- 
claration, an  open  rupture,  tliat  it  was  abso- 
lutely necessary  to  give  encouragement  to  the 
diviaions  meeting  in  Spitalfieldsi  for  that  they 


781] 


Jiff  High  Treason, 


A.  D.  1794. 


[782 


in  general  were  very  poor,  and  very  numcrousy 
and  it  was  very  neccssaiY  to  keep  tliem  tc^e- 
tbcr.  There  was  a  good  deal  of  conversation 
upon  the  necessity,  and  the  propriety  of  it. 

Have  you  all  that  in  your  minutes  ? — It  is 
from  recollection  that  I  s|^:ak  this— but  this 
is  the  meaning  of  what  was  agreed  upon  b^ 
iJl  the  delegates  tliat  met  at  that  time,  but  it 
was  particularly  first  of  all  mentioned  by 
Baxter. 

Lord  Chief  Justice  £yre. — How  much  of  it 
have  you  a  minute  of? — 1  have  got  no  further 
than  that  it  was  agreed  by  the  delegates  that 
this  might  be  very  well  in  poor  divisions,  the 
other  is  recollection  which  I  remember  per- 
fectly well ;  1  have  made  a  remark  before  of 
these  divisions,  that  tliey  increase  so  ^st,  Uiat 
they  were  well  satisfied  that,  in  these  divisions 
alone,  very  shortly  they  would  have  as  many 
in  number  as  there  were  in  number  in  all  the 
other  divisions  besides,  A  motion  was  made 
by  tlie  delegate  of  division  No.  7,  that  Mr. 
Iaw*s  letter  to  Mr.  Reeves,  giving  liis  reason 
fer  witlidrawing  himself  from  them,  be  pub- 
lished, to  show  the  infamy  of  their  proceed- 
ings, that  the  society  was  falling  away  very 
mt;  but  this  motion  was  rejected,  and  in- 
stead of  that,  to  publish  extracts  from  *<  The 
War,  or  who  pays  the  Reckoning?"  deferred 
the  selection  tor  one  week.  Our  letters  to  the 
Ttiends  of  the  People,  are  directed  to  Mr. 
Bjrng,  chairman  of  tlie  committee,  they  have 
directed  tlieir  secretary  to  answer  it— their 
answer  is  to  keep  from  foreign  politics,  to 
keep  good  order,  and  by  petition  we  may  suc- 
ceed. 

Ont  of  the  Jury, — Whom  is  that  from  ? — 
This  is  only  giving  an  account  to  whom  our 
letters  were  directed  when  they  corresponded 
with  the  Friends  of  the  People,  there  is  an 
answer  at  this  time  wherein  it  advises  us  to 
keep  from  all  forcijgu  politics,  to  keep  good 
order,  and  by  petition  we  may  succeed ;  this 
was  answered  by  Maurice  Margarot,  saying 
we  mean  to  proceed  orderly,  but  you  arc  not 
explicit. 

bid  Margarot  say  any  thing,  make  any  ob- 
servation as  to  the  committee  of  delegates  ? 
—Yes. 

Lord  Chief. Justice  Ji^re.— Does  your  minute 
purport  that  that  reply  was  produced  at  this 
meeting  of  delegates,  that  it  was  produced 
upon  that  day? — I  will  not  be  confident  of 
that 

Lord  Chief  Justice  Eyre. — Go  through  your 
minute  and  see  what  it  is? — It  was  answered 
by  Maurice  Mar<{arut,  saying,  we  mean  to  pro- 
ceed orderly,  but  you  are  not  explicit. 

Mr.  l!lr$kuic. — Do  you  mean  aii^twcrcd  in 
writing ?— Ill  writing;  tlicre  wtrc  several  let- 
ters that  were  wrote  by  IVIar>;ak'ot  himself 
without  being  shown  to  the  dclcr;ates,  and 
mfler  he  had  wrote  them,  when  he  came  to 
.the  meeting  of  delegates  he  reported  that  he 
had  wrote  such  a  letter,  and  he  gave  tlie  heads 
of  such  letter.  He  said  to  tliat  societv,  but 
yuu  are  not  explicit,  and  he  requested  tliat 


they  would  be  more  particular;  youir  concur- 
rence will  assist  us,  but  we  want  to  know  how 
far  you  mean  to  go  in  the  design ;  then  a  re- 
mark was  made  that  we  are  very  apprehensive 
of  creating  a  breach  between  them,  as  is  the 
case  between  them  and  the  Constitutional 
Society ;  there  was  a  g«3od  deal  of  conversa- 
tion in  consequence  of  that  letter,  that  the 
Society  of  the  Friends  of  the  People  did  not 
go  so  far  in  their  idea  as  the  London  Corres- 
ponding Society  and  the  Constitutional  So- 
ciety did,  for  all  along  it  was  .held  as  an  in- 
variable idea  that  eventually  it  must  come  to 
a  stru|i^le. 

Lord  Chief  Justice  Eyre.  —  You  are  not 
speaking  now  from  a  minute  P— From  my  re- 
collection of  what  was  ot^en  repeated.  - 

Mr.  Bower, — Do  you  recollect  Margarot 
saying  any  tiling  at\er  this  reply  that  he  had 
sent  to  the  Friends  of  the  People  ?— Margarot 
stated  tliat  there  was  a  disunion  between  the 
Constitutional  Society  and  the  Society  of  the 
Friends  of  the  People;  but  1  cannot  say  I 
recollect  exactly  what  was  the  reason  of  it.— 
There  were  thirteen  delegates  met  that  night. 
—A  letter  from  Sheffield  of  the  IGth  of  Ja- 
nuary, 1793,  signed,  David  Martin  president, 
Horsefall  secretary,  recommending  a  commu- 
nication with  all  the  societies  in  the  kingdom, 
to  form  a  constitutional  meeting,  and  all  to 
agree  upon  the  same  thing — asked  how  far  we 
mean  to  proceed  at  this  time — A  reform  nuga- 
tory, unless  universal  right  is  established,  and 
they  advise  a  general  petition  to  the  House  of 
Commons,  on  the  present  inadequate  repre- 
sentation— they  want  to  know  if  the  Friends 
of  the  People  are  true  friends-— Marearot  says 
we  are  getting  on  too  tlist  again,  and  that  pe- 
tition was  not  the  mode. 

Was  that  an  observation  he  then  made,  or 
your  own  observation  to  the  delegates  ? — His 
observation  to  tlie  delegates. — Margarot  sakl, 
petition  was  not  the  mode ;  but  at  the  same 
time  it  was  agreed  upon  by  him  and  the  rest 
of  the  delegates,  that  petitions  should  be  pre- 
sented for  the  sake  of  keeping  the  public 
mind  agitated  with  a  reform.  It  was  then 
recommended  that  all  the  divisions  should  go 
to  No.  52,  in  Frith-street,  and  sign  the  ad- 
dress of  the  Friends  of  the  Lilnirty  of  the 
Press ; — that  is,  every  delegate  was  to  recom- 
mend it  to  his  division,  at  the  next  meeting. 
-—In  the  course  of  the  meeting,  Margarot 
made  a  remark,  that  our  address  to  Mr. 
Reeves  was  not  liable  to  any  punishment,  or 
he  and  Mr.  Hardy  would  haVe  been  taken  up. 
Margarot  ^aid,  he  mrant  to  invite  sir  Samp- 
son Wright  to  his  division,  or  any  one  that 
he  might  send  to  the  divrsiuiis,  to  show  the 
lecalily  of  them  ;  th^it  i>,  the  whole  of  \\\.\l 
mectinjuit  (U:»ec;at('s.  '1  ho  iit-xt  lliat  I  Iv.iw 
is  only  rojiorls  at  llu'  division**  iii;ulc  hv 
meiuhVrs  nl  diilrrent  tlnici.— On  the  .'ilh  oi 
Fehru'iry,  in  Crown-slret  I  ;  tl.i>  Is 

lAiUl  LhiLt  JuMi<r  Kyrr.-  niil  ymi  .Utrnd 
no  Ic-ntjcr  a*i  a  flrlcyatr--  Vr**;  this  is  a 
mcctuig  o»  the  Division  No.  rx  -Bainbtidgii 


78S] 


35  GEORGE  III. 


Trial  of  Thomas  H»fly 


[784 


read  a  minute  that  there  are  sixty  friends  to 
the  cause,  who  decline  at  present  meeting  the 
society ;  but  they  are  good  friends,  and  sin* 
cerd^r  wish  them  success ;  and  some  of  them 
say,  if  they  want  money,  they  are  ready  to 
eontribute.-<-He  says,  there  are  certain  reli- 
gious societies  in  the  kingdom,  almost  in 
every  town,  whose  sentiments  lead  them 
strictly  to  republicanism  ;  they  are  numerous 
in  Birmingham,  Leeds,  Liverpool,  Bristol, 
Manchester,  Hull,  Derbyshire,  and  particu- 
larly in  London.  The  society  in  London  are 
just  now  beginning  to  organize  themselves 
agreeable  to  the  prmciples  of  France — their 
meetings  are  Mondays  and  Thursdays. — It 
was  then  said  that  Tom  Paine's  Works  had 
been  published  in  Sweden. — ^The  next  meet* 
ing  was  on  the  7th  of  February,  of  Delegates, 
No.  8,  in  Queen-street,  Seven  Dials. 

Was  the  prisoner  there  P  —  He  was.  At 
this  meeting  it  was  proposejl  that  the  surplus 
of  the  quarterage  of  the  different  divisions^  if 
there  should  be  any,  should  so  towards  paymg 
the  deficiency  of  Baxter's  division,  No.  16, 
for  their  room.  We  must  preserve  the  divi- 
sions No.  35  and  16,  being  poor,  they  will  be 
of  great  service  if  we  go  to  war. — This  was  an 
ob^vation  from  Margarot  at  that  time. 

No.  25,  and  No.  16,  were,  I  understand, 
the  Spital-iields  diTisions?  —  They  are  the 
two  Spital-fields  divisions. 

Lord  Chief  Justice  £yre.-— Was  the  expres- 
sion, war  f — ^Yes. 

Lord  Chief  Justice  JEjfre.— Was  there  any 
explanation  given  of  that  expression^ — ^I'lie 
explanation  that  was  given  was  thiiii — It  was 
understood 

Lord  Chief  Justice  Eyre, — I  did  not  ask 
how  you  understood  it,  but  whether  there 
"Was  any  explanation  actually  given  in  words, 
At  that  time,  by  any  body,  of  what  was  meant 

S'  war  f — ^I'liat  the  country  would  rise  against 
e  present  government. 

Mr.  Bower. — Who  said  that? — Margnrot. 
^  Did  Margarot  say  that  the  country  would 
rise  against  the  present  government,  or  did 
he  use  the  word  trar,  and  you  understood  that 
'he  meant  by  that,  rising  against  the  govern- 
ment of  the  country  ? — He  made  utic  of  the 
tetm  war. 

And  you  understood  he  meant  that?— Yes; 
and  it  was  mentioned  by  several  of  the  dele- 
gates, that  it  was  eventually  expected  that 
there  would  certainly  be  a  rising  in  the 
country. 

Was  there  any  conversation  of  that  kind  at 
the  time  when  Margarot  made  use  of  that 
expression  ? — Yes ;  it  was  taken  up  and  spoke 
to  by  several  of  the  delegates  that  ni^ht. 

Mr.  ^rsA'ine.— Have  you  any  note  ol  this  ? — 
I  have  not ;  but  I  remember  it  perfectly. — A 
letter  sent  to  Bath  has  been  gone  fourteen 
days,  and  no  answer.*-No  letters  received 
this  week.— A  Sheffield  letter  of  the  16th  of 
January,  1799,  by  order  of  the  Society  for 
Constitutional  Information,  conveyed  to  all 
societiesy  they  request  to  know  how  &r  they 


mean  to  go— it  is  their  opinion  that  we  shouU 
be  of  one  opinion  to  petition  parliament  thn 
season — it  will  give  strensth  to  the  cause.— 
The  restoration  of  the  right  of  election  not  to 
be  under  twenty-one — by  doing  this  we  shall 
know  how  far  we  can  support  Mr.  Grey's  mo- 
tion this  season — no  time  to  be  lost — Hardy 
proposes  a  delegate  from  each  division  of  the 
society,  tu  agree  how  to  proceed — Mr.  Fox 
has  said  in  the  House,  the  people  have  aright 
to  alter  the  government  when  they  please— 
the  Scotch  have  done  it,  and  the  Irish.-«The 
London  Corresponding  Society  was  first  formed 
to  send  a  delegate  to  all  the  other  sodetiet, 
to  determine  the  best  way  of  reform. 

Lord  Chief  Justice  £yre..-.You  sidd  thai 
Hardy  proposed  a  delegate  from  each  dWu 
sion  ?— -  That  is,  to  agree  how  to  proceed ;  that 
is  another  thing — next  follows  Mr.  Fox's  ob« 
ser\'ation  in  the  House  of  Commons. 

Mr.  Hnwer. — ^Who  states  that  observaUon 
of  Mr.  Fox*s — I  do  not  know ;  it  was  ob- 
served ;  and  the  same  with  regard  to  this,  I 
do  not  take  upon  me  to  say  who  particularly 
said  this. 

What  is  meant  by  first  formed  ? — is  it  de- 
scriptive of  what  was  the  intention  of  tlie  so- 
ciety when  first  formed?    or   what   is  the 
meaning  of  it  ? — It  is  simply  an  observation 
that  was  made  from  one  of  the  delegates^ 
saying,  that  the  principles  of  the  society  first 
of' all — the  intention— was,  for  a  reform  in  par- 
liament.— ^The  Friends  of  the  IVoplc  in  the 
Borough  yet  exist ;  and  it  was  dcternuned  to 
communicate  our  letters  to  them  and  all  other 
societies,   and    inquire   their  inlciilioiis. — It 
was  then  agreed  that  a  circular  letter  shoiiM 
be  sent  to  all  the  socio  lies  in  London,  to  meet 
two  or  three  from  earh,  and  come  to  some 
determination. — ^The  question  to  be  debalcil 
at  each  division,  was,  what  is  the  best  way 
of  proceeding  ? — This  i>  to  be  done  by  ad^xr- 
tisement  in  Saturday,  Svinday,  and  Alouda>'*s 
papers,  tliat    it  will  bo  discussed  the  next 
night  at  each  division,  and  that  theie  arc  to 
be  six  advertisements — fifteen  delegates  met 
— It  was  then  determined  to  write  to  Sheffield, 
and  to  inform  ihem  that  we  will  answer  thena 
very  shortly,  how  we  meaii  to  proceed.— The 
next  is  the  14th  of  February,  1793,  divisioD. 
No.  12,  met  at  Mr.  (lodfrey's,  an  attorney,  ia 
Fore-street,  and  chose  him  for  delegate ;  but 
we  rejected  him,  being  Uird  George  Oordon*^-^ 
attorney,  and  agreed  to  reject  all  connected 
with  him. 

Why  did  they  reject  him  on  that  account r* 
— ^They  were  determined  to  have  nothing  at 

all  to  do  with  any  person  tliat  had  any  con 

nexion  with  lord  Oeorgc  Gordon ;  •  and  the^^ 
division  No.  1'2,  had  a  person  of  the  name  fi^f^^ 
Watson,  supposed  to  be  secretary  to  lord — • 
George  Gordon,  that  attended  them  ;  and  it:^ 
was  intimated  that  lord  George  Goidon' 
by  some  means  acquainted  with  what 


*  See  his  cases  in  this  CoUectiini,  Vol.  81^ 
p.  485|  and  Vol.  S2,  p.  175. 


J  on  i  that  he  mtdc  use  of  this  Watson 

J  %rajf  of  bnrigiog  forwnrd  di'^t*-^^**  Oungs; 
thev  coaceivL'O  he  wuuld  be  ^  ^^0lDep 

AOd  that  if  his  name  was  cohhl  .l,;  illi  the 
Corrcspouding  Society,  it  would  make  them 
"^^  tspectlul  in  ihe  eyes  of  ihc  public  ;  they 
^rdoctedhim. — Division  No,  I'i  to  raeel 
Wedntflday  evening*  at  the  Crown  in 
^  >-»iieel ;  but  if  refused  at  the  Crown, 
to  go^'lo  Robins' 9  coffee- hou»€  in  Shire- bne» 
i»ho  would  take  in  any  of  the  divisioiiA. — ^To 
ht  coaflidered  ne^t  meetin^f  i^bether  you  pe^ 
titioA  parhainent — tliiit  will  engage  thepubhc 
attcnUon  for  the  present. 

Lord  Chic  I' Justice  iJyrf^'— Doc-    '  -   ^rar 
whether  t!vcre  was  any  d<: legate  >t 

'  rrc  was  no  farrlier  prucet.i*ui^  ui^tju 
ju6t  renmrkin;;,  that  it  would  be 
tocoine»'»  -»  fl'irrrnivniiion  at  the 
meetiog  of  <  .iier  it  was 

Vie  to  the  d I L^  iks  to  petition 

iit*-Thii  was  m  mccUng  of  the  de- 


( Chief  Justice    Eyre.    Whom    wa* 

Jfrjcclcd  by  ?— by  tlic  delegates,  or  by 

1  di vision  ?  — By  the  delegates, — Agreed 

BCDand  a  conference  with  tlic  ConMitu- 

I  hocicty — they  are  drawing  rip  the  state 

^^ibtjepreseDtation,  *jnd  are  i^cin^  nb  far  as 

'         :'      '■       '     ^0  not  go  so 

\  go  so  far. 

ifluviii  ouviLit  ^tiy   lut)   are  ibr  re- 

Wiial  h  1>ecome  of  tlie  Hot- 
Society  f— It  is    broke  up;    and    the 
part  of  the  mcml)ers  have  joined  tfie 
iding  Society  since, — The   Ald^te 
now  culled  the  13other'eni  society 
society  is  since  broke  up. — ^Tbere  are 
aix   societies    in    London  to    confer 
lt»e  Friends  of  the  People  have  not 
f>^wfrf?<l  our  letter. — A  letter  sent  to  the 
;  lI  Whigs  at  Sheflield,  saying,  wc 
neral  conference,  and  bhall  write 
ihere  arc  two  ^icietiessit  Norwich 
Ibo  Constitutional    .Soiicty    wrote 
,,,    ,,.,,1      .^f^titi  Uiem  we  ture 
AOu  '  general  opinion. 

Jrr.tinTi     rU       lh( 


ed  Mr.  Fox  for  hitt  f«peech,  snymg  that  tiid 


^^Tlnef 


ru    the 


Lined  in  your  letter  to  the 

i:h? — Tin!*    in  what  was 
\  hy  the  uin  i  <    dele^ales,  to  be 

fcby  en^'h  df'Irjr !  it  division^  tocon- 

'wlv  uuid  do  ut  that  time;  and 

k  Hla^  (|ue^tinrit — tirstol  all  whe> 

petition  II  or  whether 

lUon   the   ,  i,  or    whe- 

ni  i1  A  convLhUiiit,   to  be  sub- 

L  t  gates.      It  wail  remarked 

^m  he  an  well  to  decline  coming  to 
i  tiU  the   wlioln    nation    are 
Ei»T!ieii  Mari^srot  say*,   f^Mih'r    t^^- 
femoostralCf  it  would  i  i* 

-that  fittishea  liis  observa  u    i      i  i  _  n 
ItliAt  the  iUagBic  Miciiely  hadtluudc* 
l3tXlV. 

III  '^^-rrrrrT  niir 


Crown-street —  H 


r   constilutKin    wttboul 
r  it— that  i»  the  society 

^  r,  and  cHlIti]   ilu^  Bo* 


OCX  I 
c  l9Ui 
was  air  I 


IS 


of 


Te,  upon 

the  question,  which  wat*  i  _    '   age  foe 

election,  eighteen  or  twenty-one-*lhere  was% 
gr^t  ditference  of  opinion  in  the  raveling — 
oncwati  for  eighi-  -►ne^ 

anctone  tor  neit  ., — 

Printed  copies  o Ml te  ptUUoo  lu  partiamcnt 
to  be  diulributcd  amongst  ttie  pubUc — ^that 
means  that  they  had  come  to  a  determinatios 
to  petition  parliuiuentf  not  to  petition  the 
king;  nor  to  call  a  convention,-* -Field  met 
the  drvi&ionNo.  l*i,  at  the  down  in  New- 
gate-street—they  were  rcfiis6d  raeeting— they 
tlien  went  to  Godfrey^  and  re^diose  him  a 
delegate,— I  do  not  know  whether  I  have 
mentioocd  that  this  was  a  dclega.te  meeting, 
on  llio  21st  of  Fcbrimn%  at  No,  8 1,  Co mp ton- 
street — this  last  r  rlfrcyrejeclcd — ^befc- 
in^  re-cho?e.  he  !  u  h4s  right  <if  being 
d^ "  i^  ujMM  staying  in  tJic 
n  ulher  way  ol  getting  rid 
or  iiHii  but  fiy  adjijurning  to  No.  57^  Charles 
street^  to  meet  on  the  Saturday  evening.-«-II 
was  re}>orted  that  a  great  number  of  dele^tcte 
were  in  town  from  Scotlanil,  upon  a  reform* 
— A  letter  lirom  Soutt-r-*-^'  approving  of 
the  plan,  and  want  <  -os  to  form  ft 
socitiy^  und  wanted  u.  ;>  v^r respond  with 
thftm.*-A  letter  to  be  sent  lo  Ihem  by  divi- 
sitjti  Nu.  '2P,. — Thi;  (onstituliufial  Society 
h  if:h,  SU|^ 
p^  .  ill  parlia^ 
liieni.— Agreed,  to  wnte  lo  all  the  societies^ 
both  in  town  and  country,  to  send  a  petitiob 
to  parliament— no  time  to  be  lost — ours  to  tae 
drawn  up  imruediately;  and  we  are  certain 
that  twenty  Ihousiuid  will  sign  it— if  they  arc 
all  rejected,  write  to  them  lo  continue ;  and 
then  will  be  the  time  for  all  tu  unite,  and  to 
petition  the  king. — This  ii  a  report  likewise 
— that  tlie  Ffienda  ot  the  People  approve  of 
Mr.  Grey*5  remonstrance — it  is  a  leading 
feature.— Reporle<l  ilrat  the  seriou.s  stoppages 
from  the  bank*3  refusing  to  discount,  will 
assist  tlie  cause^  from  the  Tailures  which  must 
foHow. 

Mr.  Ef$kin*.  U  thai  a  re^rt,  or  what 
M>mebody  eaid  I — I  mentKmed  It  as  a  repot t 
^ii  w^M  reported  by  one  of  the  delegates,  at 
the  meeting  of  dele^tes— not  that  it  came 
from  any  of  the  divisions.-^A  letter  wat  read 
from  T,  Farley,  esq.  tipon  the  illegahty  of 
iinpri^iunient  for  debt,  ^ying,  he  had 
bf^  ftve  yeftrs  writins  a  treatise  on  it :  and 
he  wnnta  us  to  subscrihe  to  it-^tt  was  agreed 
that  w*r  -r  i'^  -^ot  ptt  hbw  that  support  that 
we  sui  a  he  wanted ;  but.  however  ti- 

tracts  tit^jtj...  .'^  uisde  from  tlmt  tKK*k»  (K)as  to 
be  serviceable. — A  letter  from  the  Friends  at' 
ti»e  People*  dated  t5lh  of  February,  in  uriswer 
to  ours  ot  Uic  1st  of  February-j  signed  ~ 

3  E 


I 


J 


787]         55  GtQRGE  til 

V  Jcremiiih  Outer,  chairniAii^  ssyiogt  verjsoon 
^r  pho  would  come  forward  to  reform  all 
Jic  abtiseft  exieung. — Mr,  Reeves*s  society  is 
Disnconstitutional,  tucir  society  is  to  create  an 
Porgan  to  speak  to  the  legislature — lliey  T^ill 
not  pvt  up  ihcir  power  of  action  to  any  so- 
ciety—htit  Ihcy  say  the  time  of  action  may 
l^ot  Ijc  very  distant-- this  is  a  letter  from  the 
Ttiendaof  the  People, 

Mr.  iWier.— Where  at?— I  rather  think  it 
y  from  sorao  country  correspondence — I  have 
not  got  ilown  whence  it  comes— it  b  signed 
"^i.  Jeremiiih  Carter^  chairman. 

Bow  is  it  introduced  in  your  minute  ?  86 
omiug  from  wbom  ? — A  letter  brought  aind 
I  lead; 

U    Where    did    it   come  from?  —  From  the 
[.Jriends  of  the  People,  signed  E-  Jeremiah 
barter,  dated  tsth  February,  in  answer  to  ours 
fi©f  I  lie  1st  of  February- 
Mr.  Bower, — We  have  read  tlie  letter — he 
has  put  it  down  Carter— ii  should  be  Curteis 
p»-it  IS  published,  folio  6Jy  in  appendix  £«  of 
'be  Report 

Lifnam, — They  will  not  give  up  their  power 
pf  action  to  any  society  ;  but  they  say  the  time 
Df  action  may  not  be  very  distant — it  is  sonio- 
Uing  to  this  purjiort. 

XiOrd  Chief  J  ustice  £vr«.— That  is  your  no- 
Son  of  it — your  extract  ? — Ves. 
Mr,  Booidr.— Did  you  hear  the  letter  read  ? 
-Yes,  it  was  read  — Answered  the  Norwich 
ljiociety»  that  wc  think  f hat  the  Friends  of  the 
(d^eople  are  friends  to  the  cause  .—Twelve  de- 
legates raet-^to  write  to  the  Bath  society ,^ — 
".  motion  to  be  debiilcd  at  each  division,  if 
EAiey  gave  tlic  delegates  power  to  rqject  any 
'cicgate  OB  good  reasons. — February  28 — 
lecting  of  delegates,  at  JMr.  Stiif »  No.  68» 
Paternoslcr-row.— IVlotion  by  Mr.  Margaret 
iiat  the  thanks  of  the  ]x»ndon  Corresponding 
ciety  bo  given  to  Mr*  Fox  and  the  minority 
forty-four — the  same  to  lord  Lauderdale, 
^Icc.  for  their  opposition  to  the  war. — Agreed 
[tto  be  ad\  '    n   I  he  Morning  Chronicle, 

^<^oming  1  Ayre*»  Sunday  paper. — It 

"  raiobacrvtu  tuai  inc  wa.r  Wiis  the  m   '  "  -'  , 
ibr  the  (Hjrpose  of  diverting  the  u/n 
"    fvplc.-'A    If'**--    from    JShefr^ '-' 
cir  resui'  t  on  tlie  J' 

[Society    for    <  natioo    at 

Bhcffield,  that  \^  ■  .         ^   ^vd  ever 

Qtrocluced  to  Iradc^^lin.'^  i»  my  recollection 
•of  jl+  as  near  as  I  run  rrcitllecl,  that  ihey 
f  return  their  tbanks  >  >.,  fur  his  ^up- 

ort  of  the  people  fui  ■  urs  pnft,  rnnst 

tilarly  this  scasiou— to  4M      ^ 
iTdefence  of  the  hberiv  t>l 

lud  1 

f»4Juk< 

iai< 
,I>ubi 
outi 

'm   \-  -  "  '■    , .■  ■ 

ceed, ><ilAUiiii,  tune  u  wtU  wiiwer  » 


Tfiai  of  Thomn  Hard^ 

purpose— afid  that  the  Lofidod  C 

Swieiy  arc  i:-  ;      *        *  '    11,  and  write  toi 
bOcietiuH  in   \.  1   do   so— it  wil 

cause  the  sul-K^t  Lu  ui  u^.i.iitid  every  week — 
no  ti nie  to  be  lost — atid  say  that  we  equaUy 
lauieftt  the  war, 

W'm  there  any   letter  pr^  1   cmM^ 

quence  ol'tiiat? — The  LouH'  ponding 

SociHy  have  drawn  op  a  p^Utiop,  which  «,'ai 
presented  \/y  Mr.  Gernild,  who  sai^i  h€ 
nad  applied  io  Mr  Mackintush,  wlio  said  he 
would  go  with  him  to  get  Mr.  ¥ox  to  preseni 
It 

W' ere  there  any  letters  prepared,  in  ctm^ 
quence  of  this  R^rr     ,     ,  i  ■    iM 

write  to  Shelheki,  tt 

person?' — Margartit  wrtttt^  tiu^  JtUn  i>j  cuiir^Hy 
the  substance  of  it  was  this 

Mr.  Bwrer.*— That  is   in    -r"  ""i'^'-   •-  t»:e 
Report,  page  67 — we  have   3 
What  IS  voiir  next? — March   *.  0. 

31,  Conipton-btreet,  fourteen  delr 

Was  Hartfy  there? — Vcs,—Rc  1  .'  y:[y 
lion  to  parliament  and  refer  it  to  bir  consnilrr* 
ed  by  each  division— Ihc  title  of  the  petitioir. 
The  Iiibubilaiits  of  London,  \Vc5*tniifi»lf  r  anil 
their  Vicinity. — The  discussion  o<  tlmt  took  up 
the  whole  of  the  evening. —  lliat  new  del^ 
gales  sliuuld  be  chosen  on  rlie  '2HtU  of  Marcin 
The  delegiUe  of  division  No^  I,  3  1    "lat 

the  Essay  wrote  by  Mr.  Frend,*  ot  ^% 

«n  the  war,  and  pub!i«*hed  in  *' 
jmpcr,  be  printed  and  di  livn 
siuns.     Mr  Frend,  of*'  ■• 
now;  and  it  i^  supposi 
the  College. — Thi*  mh 
upon  the  peliiinn 
out  upon  rollh  fif  |  ■ 
gate  tu  biivr  one,  Io  try  what  t 
will  hike  it  in  to  lir  to  receive  » 
March  21,  1703,  No.  SI,  Conij 
Baxter  reported  that   some    cfn 
been  atdivinion  No.  itV 
dare  not  c;o  irp,  the  con 
they  Icli 
fon'e.-  I 


letter,  <i 

s.i:ji 

porwi,  to  stit 
race,  and  to  1 
peoplr-^rt  coiiipiaui<3 
r*li*r!iiiri— fbe    prKjr*s   ' 


i^fttd  ^< 


good        ^  ben  ba  c«m:  «iit«|  ]tiLol.;ill|  pi ^iO* 


i 


789] 


Jar  High  Treason* 


A.  JO.  17M. 


X700' 


I'rom  bhcfEeld,  directed  to  Mr.  Stuart;  there 
^vas  no  notice  taken  what  the  letters  were— 
Grant  and  Littlejohn  discliarged  from  the 
Loudon  Corresponding  Society,  and  to  write 
to  tlie  ConstitiitionaT  Society,  and  to  ask 
tor  other  honorary  members  to  represent 
them. 

What  was  Grant  dischars|ed  for? — For 
withholding  the  manuscript  lonnerly  men- 
tioned. 

Lord  Chief  Justice  Eyre. — Was  it  said 
where  thciic  two  letters  came  from  to  the 
Friends  of  the  People  ? — I  take  it  for  granted 
frum  Slietlieid ;  hut  I  have  not  put  it  down. 
Ijttlcjolm  was  discharged  for  the  neglect,  I 
Lelicve,  of  his  division ;  he  was  gone  down 
iiito  Scutlaud. 

Mr.  Bower, — Did  you  minute  what  Grant 
w:is  discharged  fur?— In  consequence  of  a 
ibrmer  resolution,  that  if  he  did  not  deliver 
up  the  manuscript  he  should  be  discharged; 
and  now  tlicy  were  discharged.  A  motion 
\vu»  made  by  Alargarot  to  print  a  Uiousand  of 
]-'i cud's  Address  to  Itepublicans  and  Anti- 
Ucpubliciius,  to  make  extracts  from  it  by  a 
s^clect  connnittee,  with  some  strong  remarks 
thereon  by  them. 

Lord  Chief  Justice  Ej^re. — What  was  the 
title  of  Mr.  Freud's  book? — An  Address  to  Re- 
publicans and  Anti-llepublicans;  tlicrc  were 
^iiL  to  form  that  committee,  and  to  meet  in 
Paternoster- row,  at  Stifles  house.  The  next 
meeting  was  the  2tilh  of  March,  at  No.  31, 
Compton-slrcet,  a  meeting  of  delegates.  It 
was  a^ced  to  bring  -all  tlic  quarterage  next 
Thursday,  the  Fatnotic  Society,  in  liolborni 
joining  the  division  Xo.  2tf. 

Was  this  Patriotic  Society  the  same  you 
mentioned  before,  that  broke  up,  and  the 
gieatcst  part  joined  the  Corresponding  So- 
ciety ? — The  same.  Tiie  report  was  of  the 
number  of  signatures  to  the  petition;  tlie 
wiiole  was  seven  hundred  eiguteen  on  the 
five  skins.  A  select  committee  chose  to 
make  laws  for  the  society,  and  to  submit 
them  to  each  division,  to  meet  every  Thurs- 
day afternoon  at  five  o*clock ;  any  three  to 
proceed  to  business;  other  delegates  allowed 
to  visit. 

Lord  Chief  Justice  £yrr.— Have  you  any 
minute  of  any  debates  upon  the  subject  of  the 
necessity  or  the  occasion  of  proposing  this 
committee? — I  have  no  minute  of  any  debate. 
X  see  here  is  a  mark  made  here — the  commit- 
tee to  make  extracts  from  Mr.  Frend's  Ad- 
dress to  Republicans  and  Anti- Republicans, 
they  are  to  meet  on  Sunday  evenmg — four- 
teen delegates  met  on  the  4lh  of  April,  in 
Compton-atreet— the  select  committee  to  con- 
sider of  their  future  regulations,  first  of  all  for 
the  society  at  large — the  general  rules  and 
private  regulations  for  the  admission  of  mem- 
Ders  —  the  week's  pavment  —  admission  of 
stran^r8*.vote  of  exclusion— the  number  of 
constituents  before  you  branch  off-*the  sum- 
monses sent  to  each  night's  meeUng^that  is 
viit  pan  oi'  that  committee's  con&ideration  to 


regulate— 4beinext  is,  .the  constitution  of  ^- 
neral  principles^-^wtmniliee^s  laws  relatiye 
to  themselves — the  said  delegates  private  re- 
gulations— laws  relating  to  the  socie^  ielection 
of  chairmen  and  of  doo^keepers. 

Mr.  Bozcer, — It  is  not  worth  while  to  state 
this ;  go  to  your  next  meetuoff.— The  next  is 
the  11th  of  April,  at  No.  31,  Compton-streeU 
The  report  was  tliat  two  thousand  had  signed. 
the  petition :  resolved  to  thank  the  Friends, 
of  ttic  People  for  their  impartial  state  of  the 
representation.  It  was  then  said  that  the 
Constitutional  Society  at  Sheffield  had  done 
it,  and  had  requested  them  to  publish  it  in  a 
cheaper  manner.  In  their  letter  they  say  the 
pconle  are  sleeping  toolonjg;  the  igporance. 
of  the  people  is  the  cause  ot  the  continuation 
of  the  corruption  of  the  senate— resolved  to 
write  immediately  to  every  society  again,  and 
rcmiest  them  to  petition  directly ;  small  bills 
to  oe  stuck  up  in  the  nicht,  mforming  the 
public  where  the  petition  lies  for  signatures— 
fourteen  delegates  met — Mr.  Francis  to  be 
requested  to  present  the  petition — recom- 
mended by  division.  No.  2,  to  advertise  a  ge- 
neral meeting  at  some  tavern,  and  we  may 
get. a  good  many  signatures  there— akeady 
signed,  Q,519» 

I  ou  may  go  now  to  the  S9th  of  April ;  I 
do  not  sec  any  thing  materia  till  then — the 
annivorsary  dinner  of  the  Constitutional  So- 
ciety at  the  Crown  and  Anchor, — were  you 
present  at  that  dinner  ?-->I  was. 

Did  you  make  a  minute  of  what  .passed 
there  ? — 1  made  this  minute — that  many  of 
tlicm  talked  Tery  boldly,  and  laughed  at  the 
fears  of  the  public— they  are  sure  that  ajre- 
vulution  will  take  place  in  this  country. 

Who  was  in  the  chair  ? — Lord  SempiU  was 
chairman — the  next  that  1  have  got  is  the 
sentiments  that  were  drank — ^Tlie  rights  of 
min— Ma^  we  never  be  ashamed  to  assert 
those  principles  we  wish  to  enjoy— May  des- 
potism be  trampled  under  the  noofs  of  the 
swinish  multitude— May  the  world  be  our 
country,  and  doing  good  our  religion— Free- 
dom to  France,  and  peace  to  aU  Europe- 
Thomas  Paine. 

Have  vou  any  remark  upon  that  ?-— I  have 
remarked  here  that  Uorne  Tooke  requested 
him  to  be  given  a  second  time— may  the 
temple  of  freedom  have  the  earth  for  its  basis, 
aud  heaven  for  its  dome— may  governments 
soon  cease  to  be  a  conspiracy  against  the  few, 
for  tlie  rights  of  the  many. 

Is  not  that  reversed  P-'-No ;  I  have  it  so-* 
by  lord  Daer,  John  Home  Tooke  for  his  vigi- 
lant opposition  to  desootism — The  victims  of 
despotism,  and  may  tne  people  of  Great  Bri- 
tain have  courage  to  redress  them,  lord  Sem* 
pill,  Mr.  Fitzgerald,  &c.  Those  are  the  toasts 
that  were  drimk.  Thp  next  is  the  second  of 
May,  1793,  adelecatcs'  uieeting,  at  No.  31, 
Ck>mpton- street.  Mr.  Fox  wrote  to  Mr. 
Hardy,  at  nine  o'clock  at  night,  that  owx  %a:s- 
ing  a  radical  leibtm  ^wiA>^^^^\^\s»^  ^^'■ 
verbal  ^uSiak^«^^\!a&VkY^xi^'E^>-  ^  iwxA  v^. 


^91] 


35  GEORGE  lit. 


Tnni  of  Thomas  Hardj/ 


[792 


but  would  present  the  petition  if  wc  desired 
it :  in  consequence  of  this  it  was  determined 
to  ^et  Mr.  Francis  to  present  il,  and  to  write 
to  him  on  Saturday  morning ;  tlie  petition  to 
be  presented  on  Monday,  unless  Mr.  Grey 
i»uts  oft' his  motion — two  of  the  Sheffield  de- 
legates that  brought  up  their  petition  made 
honorary  members — agreed  to  meet  on  Sunday 
evening  at  Compton-street,  and  bring  in  ail 
the  skins. 

Lord  Chief  Justice  Ej^re. — Did  not  you  say 
that  there  was  u  resolution  tliat  there  should 
be  a  new  election  of  delegates  on  the  28th  of 
March?— Yes. 

I-ord  Chief  Justice  E^re. — ^\Vas  there  a  new 
election  of  delccates  ?— Yes. 
■  Lord  Chief  Justice  Eyre. — ^Were  you  re- 
elected ? — Yes ;  on  the  25th  of  September. 

Mr.  Bofcer, — You  have  got  a  minute  the 
16th  of  May,  have  not  you  ? — I  have  mislaid 
that  by  some  means  or  other. 
'  po  you  remember  any  thing  passing  upon 
the  16th  of  May  respecting  tlic  war  and  the 
addressers  I — BJo, 

Mr.  Ediimrd  Lnmun  called  again. 

Mr.  Boiicer. — Look  at  I  hat  paper.  Did  you 
find  that  among  Mr.  llardy*si  papers  ? — Yes, 

t*i  [It  wasreiulp] 

•  "*  "  Eifuth-skTCEt,  2ndqfMatf,  1793. 

*  **  Sir;  — 1  atn  to  apologize  to  you  for  not 
paving  sooner  an&wered  your  letter,  but  I 
have  Ijceti  very  much  engaged  in  business 
i^r  some  days  past.  I  wilf  certainly  present 
the  petition  if  it  is  desired,  becai^se  I  would 
not  decline  pres^enling  a  petition  for  any  of 
my  constitLW^nis;  but  1  conlc&s  I  think  it 
might  with  more  propriety  be  presented  by 
some  otJier  member,  oecawse  it  is  generally 
understood  thut  the  radical  refonn.  which  ft 


forward,  it  will  refute  its  being  a  popular  one ; 
then  he  goes  with  regard  to  the  subscriptions 
and  the  expenses  of  the  society. 

Mr.  Bmrr. — You  had  better  pass  it  over  if 
you  cannot  make  it  out  well. 

liord  Chief  Justice  Ej/re — Was  any  ihiji; 
done  upon  that  anonymous  letter? — It  does 
not  appear  that  any  thing  was.  The  ncit  vij 
a  meeting  of  the  delegates  on  the  9.Srd,  ai 
No.  31,  Compton-street ;  il  was  then  pro- 
posed to  call  a  general  niccting,  which  would 
oe  an  irrefragable  proof  of  our  being  leeaily 
assembled,  and  would  take  away  those  rcilec- 
tions  upon  us,  and  dissipate  the  fears  of  the 
public :  this  was  to  be  agitated  at  each  divi- 
sion. 

]jon\  Chief  Justice  Eyre. — Who  made  tbl 
proposition  to  call  a  general  meeting  r — I  cac- 
not  tell.  There  were  twelve  delegates  met; 
a  letter  from  II.  Littlejohn,  dated  18th  ci 
May,  in  which  he  says,  he  was  surprised  tlut 
he  was  excluded  the  society  ;  his  attachmtnt 
is  not  to  be  bought  or  sold,  and  he  would  net 
give  up  the  cause  but  with  death  ;  this  is  whit 
I  collected  tV^m  that  letter.  Com  mil  |pe  Kir 
drawing  up  an  address  to  the  public,  kt.; 
then  it  was  observed,  that  Le  Brun's  letlrr  to 
lord  GrcnviUe  has  altered  the  step ;  on  tha 
account  it  would  appear  as  though  w?  hd 
some  eommunitaUon  with  France,  IhertftMt 
we  ought  to  ^vait  to  see  if  any  notice  is  tikfii 
of  it.  It  was  thoualit  proper  to  refer  the  ad- 
dresses  to  the  pubUc  at  that  lime,  and  tt  iq» 
referred  for  a  week. 

Lord  Chief  Justice  E^rt, — What  did  jm 
say  it  mi^ht  be  thought  to  do  ? — It  wmiW  ap- 
pear ii5  though  we  had  some  cotnmtjnkalica 
with  Fninte.  The  next  meeting  was  on  tb« 
aotb  of  Mtiy.  I  do  not  ftud  any  thing  more 
than  Mr.  Hardy's  in  ten  dm  p:  toT  jn&ke  a  tno- 
lion  that    we    should    breai    up    for  tlute 


7flS] 


'  fir  High  Treason, 


A.  D.  1794. 


[794 


that  the  thanks  of  ihe  committee  be  given  to 
Mr.  Wharton  for  his  motion  and  speech. 

Mr.  Erskine.-^Mr.  Wharton  tiie  member 
of  parliament?— Yes ;  and  it  was  agreed  to  be 
printed,  and  the  thanks  to  be  published  in 
four  papers,  the  Courier,  Chronicle,  Gazet- 
teer, and  Ledger. 

Mr.  Bemer, — Docs  it  appear  by  your  mi- 
nntes  whether  it  was  only  to  be  published,  or 
have  you  any  farther  entr^r  respecting  what  was 
to  be  done  besides  publishing^ — I  have  this  me- 
morandum, that  it  watf  t6 1^  put  once  in  each 
paper ;  that  is  to  say,  that  it  was  to  be  adver- 
tised four  times ;  it  was  likewise  agreed  that 
there  should  be  some  comments  made  upon 
it,  and  a  special  committee,  to  draw  it  up,  of 
five  of  the  delegates ;  it  was  to  be  an  open 
committee,  and  to  meet  at  six  o'clock  on 
Monday-— A  letter  from  Leeds,  a  delegate 
meeting.  May  the  dOth,  1793,- a  society  lately 
sprung  up,  sent  by  the  request  of  the  Sheffield 
society,  to  correspond  with  all  socicUes,  and 
begged  ours,  although  only  200,  yet  are  deter- 
mined to  instruct  all  their  neig^hbours — 
Thomas  lianly,  secretary,  it  was  mstituted 
the  !47th  of  November,  1798. 

Have  you  any  minutes  of  the  13th  or  the 
15th  of  June  ?— The  15th  of  June  I  have. 

You  have  not  any  of  the  ISth  ?— No. 

Do  you  recollect  any  thing  about  the  13th 
from  your  memory  ?— I  do  not. 

Then  to  the  loth ;  that  was,  I  believe,  a 
meeting  of  delegates,  at  No.,  31  Compton- 
street  ? — I  believe  it  was ;  it  was  recommended 
that  an  advertisement 

Do  you  know  whom  it  yms  recommended 
by?— 1  have  not  a  memorandum  of  tliat — 
liesolved,  that  our  thanks  be  given  to  J.  Whar- 
ton for  his  speech  on  the  31st  of  May,  to 
restore  the  constitution  of  1088.  We  earnestly 
exhort  him  to  persevere  in  the  cause  of  the 
people,  and  doubt  not,  notwithstanding  the 
contumelious  silence  of  the  majority,  it  will 
have  its  due  weight  with  the  people. 

Mr.  £rs/cine.— llead  that  a^ain.— An  ad- 
vertisement for  Monday — Resolved,  our 
thanks  to  J.  Wharton  for  the  speech  he  made 
on  the  3lst  of  May— I  believe  he  spoke  his 
speech  on  the  31st  of  May—to  restore  the 
constitution  of  1688;  we  earnestly  exhort 
him  to  persevere  in  tlie  cause  of  the  people, 
and  doubt  not,  notwithstanding  the  contume- 
iious  silence  of  the  majority,  it  will  have  its 
due  weight  with  the  people'  Agreed  we  will 
i;ive  our  decided  support  to  every  measure 
brought  forward  to  restore  our  rights  as 
at  1688.  liesolved,  that  the  thanks  of  the 
London  ( Corresponding  Society  be  given  — 

l^rd  Chief  Justice  £yre.— Was  this  a 
mcethig  of  delcf^ates  ?— Yes. 

Mr.  Bower.— It  is  all  at  meetings  of  dele- 
gates, unless  I  shall  mark  it  as  some  other 
meeting. 

I.^ffiii.— Resolved  that  thanks  be  sivcn  to 
tlie  twelve  men  that  voted  with  Mr.  Wharton 
the  6th  of  June—The  Constitutional  Society 
for  iofonnation  have  pcibJisfaed  ten  thousai^ 


of  Mr.  Wharton*s  speech  correct— Mr.  Mar- 
garot  will  get  one  thousand  for  us. 

Have  you  any  thing  farther  of  tliat  meet- 
ing ? — Nothing  more. 

About  this  time  did  you  for  any  period  cease 
to  be  a  delegate?  Was  there  any  division 
upon  what  you  have  been  last  reading? — I  do 
not  recollect  that  there  was. 

Mr.  Erskine. — Do  you  mean  to  say  that 
you  recollect  there  was  not? — My  answer  is, 
if  there  had  been  any  tiling  of  the  sort,  I 
should  have  made  a  memorandum  if  any 
thing  partiailar;  I  do  not  recollect  that  there 
was  any  thing  of  a  division,  but  I  remember  it 
was  said  by  Margarut 

Mr.  Erakine, — Is  that  in  your  note  ? — ^No  j 
I  am  going  to  tell  you  my  recollection.  Ilo 
said  he  would  get  a  thousand  for  the  liondon 
Corresponding  iSociety ;  but  I  have  no  minute 
of  that ;  if  you  mean  to  put  that  down  as 
my  minute,  I  shall,  when  you  come  to  exa- 
mine me,  show  you  it  \^  no  minute  of  mine. 

Mr.  Bowtr, — You  ceased  to  be  a  delegate 
for  some  period  after  this  time  ?  this  is  thr 
last  meeting  of  delegates  you  attended  for 
some  months? — I  attended  on, the  13th  of 
June. 

We  have  got  to  the  15th.— Then  it  must  be 
the  15th. 

After  that  time  you  ceased  to  be  a  delegate 
for  some  time,  did  not  you  P — It  was  so. 

Were'  you,  at  any  time  in  the  month  of 
September,  present  at  any  division  meeting  ? 
— ^Yes. 

What  time  in  September? — I  tliink  it  was 
the  25th. 

Upon  the  S5th  of  September,  did  you 
attend  any  division  meeting,  and  where  ? — I 
attended  the  division  No.  S3. 

Where  did  that  division  meet  ? — I  do  not 
recollect  the  name  of  the  place ;  it  was  in  a 
kind  of  court  or  garden  near  Bunhill-row ;  it 
goes  out  from  Blue  Anchor-alley  ;  and  there 
IS  another  narrow  alley  to  it,  which  I  do  not 
know  the  name  of. 

It  was  in  some  little  place  or  alley  near 
Bun  hill- row,  Mooriields  f— Yes ;  It  was  rc- 
iK>rted  that  a  new  society  was  formed  at 
Coventry,  and  that  they  were  increased  very 
much  in  the  last  month.  It  was  reported  that 
there  was  a  new  division  oi'  the  London  Cor- 
responding Society ;  tliat  they  took  Number 
10,  which  had  ceased  nrior  to  this  time^  and 
met  in  the  Grove,  Bandy-  leg-  walk,  and  it  was 
said  they  were  very  violent. 

Said  at  that  Meeting  ? — Yes ;  that  was  the 
report  from  one  delegate  of  the  division. 

A  new  division? — No;  a  division  had 
branched  off,  and  took  Number  10,  that  had 
ceased  prior  to  this  time,  and  they  met  at  the 
Grove,  Bandy-leg-walk.  This  is  a  reoort 
from  one  of  the  division  of  a  gentleman  That 
lives  at  Walworth^  who  is  going  to  join  the 
London  Correspomling  Society :  and  it  is  at 
the  same  time  observed,  tj^si  Vd^  >«\^\ib  ^^ca. 


7953' 


So  GEORGB  ilL 


Tfui  tf  Thcmm' Hardy 


\f96 


evening,  in  ihe  information  that  they  endea* 
voured  to  bring  forward  of  different  circum- 
stances, it  was  stated  in  that  way,  and  it  was 
followed  up  by  a  remark  from  the  same  per^ 
son,  that  many  people  supposed  that  he  was 
employed  by  the  Convention  in  France. 

Were  any  other  papers  brought  forward  ? — 
It  was  reported  tliat  there  was  a  petition  to 
the  king  brought  forward  at  the  last  meeting 
of  delegates ;  but  that  it  was  declared  treason- 
able by  Mr.  Vaughan^  in  consequence  of 
which  another  was  to  be  drawn  up. 

When  you  say  it  was  treasonable,  do  you 
mean  to  say  that  that  was  Mr.  Vaughan*8 
opinion  ? — It  was  reported  by  several  that  Mr. 
Vauchau  had  given  that  as  his  opinion. 

Was  any  thmg  done  U|)on  that  ? — ^Thatii 
all. 

Did  the  delegate  report  any  thing  farther^ 
after  it  was  found  that  that  petition  was  sup- 
posed to  be  treasonable  ? — Only  that  another 
was  to  be  drawn  up. 

Was  there  any  thing  farther  done  at  that 
meeting  ? — I  have  no  memonindum  of  any 
thing  else. 

Or  have  you  any  recollection  ?  if  not,  go  on 
to  the  next  meeting,  which  was  on  the  7  th  of 
October. — The  report  of  the  delegate  was, 
that  there  were  eighteen  new  members  made 
that  week. 

Tliat  was  at  tlie  division  meeting? — ^Yes, 
tbe  same  division  meeting,  Oct.  71h,  that  a 
Mr.  Bell,  who  was  at  BrigntoOt  was  going  to 
Ireland,  and  would  inlroducfS  a  correspon- 
dence with  the  societies  there,  from  the  Lon- 
don Corresponding  Societjr.  At  Uic  last 
meetine  of  aelcgatcs  a  petition  was  brought 
forward,  or  agitated,  was  brought  forwand, 
discussed,!  siip)>osc,  against  the  war,  nothing 
more  is  said  of  that.  Hodgson  was  chose 
president,  and  Hardy  was  continued  secre- 
tary :  the  next  is  November  the  5th. 

Before  you  go  to  November  the  5  th,  were 
you  present  at  any  other  meetijig,  at  Hackney, 
or  any  other  place  ? — Yes. 

At  what  time  was  that— it  has  indeed  born 
proved  to  be  tbe  8  lib  of  October  ?— I  do  not 
recollect  the  day  of  the  month  that  that 
meeting  was,  but  it  was  to  elect  two  delegates 
to  send  down  to  the  Convention  at  Scotland. 

Were  two  delegates  elected  at  that  meet- 
ing ?— Yes. 

AVho  were  they  ? — Margarot  and  Gerrald,  I 
think. 

\V ho  appeared  as  president  of  the  society 
at  that  time?— Hodgson. 

Where  was  this  meeting? — At  a  house  in 
Hackney-road,  the  election  was  in  a  garden 
behind  the  house. 

Was  Mr.  Hardy  at  that  meeting  in  Hackney- 
road  ?— I  think  he  was^  but  f  will  not  be 
positive. 

What  meeting  were  you  at  on  the  5th  of 
November?— Division,  No.  3,  the  delegate 
reported,  that  Hodgson  had  resigned,  and 
tnat  Baxter  was  chosen  chairman ;  be  then 
^^  ;  Mai^^rot  and  Gemld  went  to 


Scotland,  thedOth  of  October,  Midthaii  tfie 
Hind  was  very  low,  the  subacriplion  not  equil 
to  the  expenses. 

Where  was  this?— -At  the  same  place  near 
Bunhill-row ;  .the  next  report  was  that  a 
second  dele^te  shoukl  be  chose  from  each 
division,  to  form  a  sub-committee,  to  revise 
theconstituUoi^  and  to  meet  every  Friday,  at 
No.  31,  Compton-4treet;  the  neat  report  was 
of  a  new  society  fonned  at  Bristol;  the  next 
that  colonel  Madeod,  and  Mr.  Sinckur,  were 
gone  as  delegates  to  £dinburglv  ^°>  ^^ 
ConstitutionaTSociety ;  Jtha  next  jneeting  was 
November  the  13th. 

Before  you  get  to  November  Ae  18th,  were 
there  any  reporta  made  upon  the  5th  of  No- 
vember, respecting  Franklow  ?— I  have  no 
memoranduni  of  that. 

Do  you  recollect  any  thing  stated  about 
Frankiow,  upon  the  5th  of  November  ?— I 
recollect  it  being  said,  that  there  was  going  V^ 
be  an  association  formed  at  Lambeth,  for  the 
purpose  of  learning  their  exercise. 

Recollect  all  the  circumstances  that  you  can» 
respecting  that. 

Mr.  Gi66s.— Let  us  understand  that  you 
luvc  no  memorandum  of  this? — No. 

Mr.  hwer. — Do  you  recollect  any  other 
circumstance  tliat  was  to  attend  that  meeting? 
—{understood  that  they  were  going  to  fium 
themselves  into  dilferent  societies. 

Of -whom  were  those  societies  to  be  com- 
posed  ? — I  was  going  to  say  a  plan  was 
forming  for  those  societies  to  learn  their 
exercise  at  difierent  places  all  over  London, 
and  that  it  was  to  be  confined  to  tlie  Loudon 
Corresponding  Society. 

Do  you  recollect  any  thing  farther  lieing 
sajd  about  the  plan  ? — Not  particularly. 
AlUrwards  it  was  more  particularly  brought 
forward ;  but  I  have  not,  to  the  best  of  my 
recollection,  any  thing  more. 

The  plan  was  not  at  tliat  time  conspleted  ? 
— No,  the  forming  of  (he  society,  and  how 
they  were  to  mcel,  to  carry  it  on,  was  not  at 
that  time  mature  to  the  best  of  my  recollec- 
tion, but  this  was  said,  that  there  was  a  variety 
of  people  that  did  intend  to  learn  their  exer- 
cise, but  this  at  Lambeth  was  the  only  one 
that  was  mentioned. 

There  was  no  association  formed  but  the 
Lambeth?— No,  but  it  came  out  aftervrards, 
and  probably,  it  will  not  he  improper  to  men- 
tion it  here,  that  there  were  members  of  the 
London  Correspondine  Society,  that  had  a 
desire  of  introducing  the  exercise  among  the 
London  Correspondiug  Societies  divisions  oa 
different  nights,  from  the  night  that  tbe  divi- 
sions met  on  different  evenings. 

Was  that  agreed  to  or  otherwise  ? — ^It  was 
rejected  at  No.  23,  but  this  is  only  antici- 
pating it. 

It  will  come  better  in  its  order  by- and -by  ; 
who  was  president  of  this  society,  on  the  Ath 
of  November^  rhairman  of  the  delegates,  ani 
80  on?— The  report  of  that  diviiioQ  meetioc 
wuatthe  fint  rommiltrr  ntftf  of  Ibe  ddb» 


7W] 


for  High  Treason. 


A.  D.  17M. 


3798 


nirsy  liotlgson  had  resigned  the  chair,  and 
Bntcr  was  chosen  chairman. 

Were  you  present  at  any  meeting  upon  ihc 
nth  of' November?  —  That  is  a  division 
■leeting. 

Of*  which  division  ? — No.  23. 

Where  was  it  ? — At  the  same  place. 

What  was  done  at  that  meeting? — Read  a 
letter  from  Norwich,  signed  \V.  Cole,  from 
all  the  societies  there,  approving  of  the  Con- 
vention at  Edinburgii,  and  requesting  a  con- 
stant correspondence ;  finances  are  very  low, 
they  vrant  to  get  a  second  subscription  in 
order  to  support  the  delc^tcs  in  Scotland. 

Lord  Chief  Justice  Lyre. — Do  you  mean 
the  finances  at  Norwich  or  of  your  society? — 
From  Norwich,  and  then  here  seems  a  kind  of 
instruction  to  the  delegatcH,  requesting  them 
ID  visit  all  the  societies  in  Scotland. 

Mr.  JEfs^inf .— Let  me  take  that  down  in 
your  own  words ;  there  seems  a  sort  of  in- 
rtniction  from  the  delegates  requesting  tliem 
to  visit  all  the  societies  m  Scotland  ? 

Loiid  Chief  Justice  Eyre. — How  do  you 
slate  tliat?— The  finances  are  very  low,  in 
Older  to  set  a  second  subscription,  in  order  to 
support  the  delegates  in  Scotland,  the  instnic- 
tioD  is  with  regard  to  a  letter  that  has  been 
leot  to  the  delegates  requesting  them  to  visit 
all  the  societies  m  Scotland,ihere  is  something 
that  I  gathered  from  the  delegate,  reporting  it 
fiom  the  committee  of  delegates. 

Mr.  Sower, — ^I'hat  was  the  regular  way  of 
makiog  these  reports ;  the  common  ordinary 
course  of  the  society  ? 

Lord  Chief  Justice  Eifre. — Is  this  that  you 
stale  about  the  instnictions  part  of  the  letter, 
or  whpit  was  done  by  tlie  society  upon  the 
letter  f-^Done  by  the  society. 

Mr.  Erskine. — It  must  have  been  some- 
thing, he  savs,  but  we  have  not  heard  what  it 
must  have  been  ? — It  was  reported  that  the 
fioauces  were  very  low,  and  tney  want  to  get 
m  second  subscription  to  support  the  delegates 
in  Scotland. 

Lord  Chief  Justice  Eyre.— That  was  part  of 
the  Norwich  letter  ?— 1  thought  so  at  first, 
but  looking  at  it  a«^in  I  rather  conceive  that 
this  is  the  report  ol  a  delegate  from  the  com- 
mittee of  delegates. 

Mr.  Enkine, — ^Therc  seemed  to  be  a  sort  of 
iabtruction,  concerning  something  that  I 
gathered  Irom  a  dele^te,  who  collected  it 
from  the  committee  of  delegates,  I  thought 
It  was  the  Norwich  letter  first,  but  looking  at 
it  again,  1  rather  conceive — what  do  you  con- 
ceive? 

Lymam, — ^Thal  the  finances  of  the  Corres- 
ponding Society  wore  low,  and  that  they 
wanted  a  second  subscription  to  sup))ort  the 
delegates  in  Scotland. 

Lord  Chief  Jubtice  Ejtrc. — ^Then  what  was 
L  about  instruction's?— The  instructions 
\  in  a  letter  that  had  been  sent,  but  by 
n  I  have  no  mtimorandum  herc,to  the  de- 
leales  to  visit  all  the  societies  in  Scotland. 

Lord  Chief  Justice  Eyrc-^Do  you  nieuu 


that  there  was  an  instruction  sent  to  tliein  in 
a  letter  ?— I  do ;  it  was  reported  by  tiie  dele- 
gates, that  there  was  going  to  be  a  second 
general  meeting  to  be  held  at  Edinburgh,  but 
afterwards  it  was  altered  and  intended  to  be 
held  at  Glasgow  instead  of  Edinliurg'i. 

Mr.  liiittfr.— Tills  is  the  l'2lhofNovtmbtr? 
—Yes. 

When  were  you  re-elected,  if  ever  you  weie 
re-eWcted,  a  delegate  from  any  of  those  divi- 
sions ? 

Mr.  JBoitfcr.— Wc  have  the  letter -which  has 
been  read  of  the  8th  of  November,  from  the 
prisoner,  to  the  delegates  in  Scotland. 

Mr.  Gibbt. — Have  not  you  some  notes  you 
have  gone  through  ? — Yes,  I  have  put  them  in 
my  pocket. 

Mr.  G ♦66s.— I  desire  to  look  at  them? 

The  Witneiit  delivers  them  to  Mr,  Gi'66f, 
Myingf^l  presume  you  will  give  them  me 
again. 

Mr.  Gi66i. — What  reason  have  you,  sir,  to 
suppose  that  I  will,  not  give  them  to  you 
agam? — If  you  mix  them,  it  may  be  impos- 
sible for  me  to  arrange  them  again. 

Mr.  Gibbg. — You  have  given  me  these 
papers,  mark  them  1,  2, 3, 4. 

Mr.  Bamer. — I  beg  to  go  through  my  exa- 
mination ;  do  not  be  marking  papers  while  I 
am  examining  you;  put  them  in  your 
pocket  till  we  nave  done.  You  were  elected 
a  delegate  again  at  what  time? — llic  first 
meeting  I  attended  of  the  delegates,  being 
re-elected,  was  on  the  2d  of  January,  17!)4. 

Was  Mr.  Hardy  a  new  member,  when 
you  attended  as  a  new  member? — lie  wa3 
secretary. 

After  you  re-commenced  a  delegate  ? — Yes. 

Now  go  to  the  2d  of  January,  1794? — The 
first  is  the  election  of  delegates  I  believe,  I 
need  not  read  them  over;  the  first  resolu- 
tion was  to  remove  the  committee  room  "to 
No.  3,  New  Compton- street;  to  remove  the 
meeting  of  delegates  to  No.  3,  New  Compton- 
street ;  then  a  resolution  was  passed,  tliat  no 
person  but  what  had  belonged  three  months 
to  the  society,  was  eligible  to  bo  elected  a 
delegate ;  it  was  agreed  to  draw  up  a  hand- 
bill, approving  of  the  conduct  of  the  delegates 
in  Scotland,  and  a  censure  on  the  niagiiitralcs ; 
to  distribute  one  tliousand  in  Edinburgh. 

Was  this  a  delegate  meeting  ? — Yes,  to  cen- 
sure the  conduct  of  the  magistrates ;  to  dis- 
tribute one  thousiuid  in  Edinburgh,  and  they 
were  to  be  sent  down  immediately. 

How  soon  were  tlicy  tu  bo  sent  down?-— 
To  the  best  of  my  recollection  the  urgcnry 
was  explained  to  be  very  grcai;  and  I  think 
they  were  to  be  sent  down  the  fi>llowiii^ 
night.  A  letter  wa^  read  from  ShellicKI, 
sii^ncd  William  Hrown  Iiroomheail,  chairman, 
reco!nmc-ndin<;  some  spirited  resolutions  \o 
bo  adopted  to  support  the  delegates  imme- 
diately. 

Mr.  Erskine. — Head  that  again?- --A  report 
read  from  hhefiield,  William  Brown  Uroom- 
h'jad,  chairman ;  it  reconuncud::  fOioc  spiriU 


799} 


35  GEORGE  HI. 


ftsolutions  to  he  adopted  to  support  the  del^ 

»le»j  immediaicly,  and  it   hkewijc  suys,  that 

llhisnicelin^  there  were  aboiitlwo  thousand ; 
:  believe  that  is  aU  at  that  meeting ;  the  tiext 
1  have  is  the  9th  of  J  an  nan*,  at  No.  3,  accord* 
ing  tQ  the  re^hiUoo  at  New  Com ptoD' street. 

At  which  meeting  I  believe  the  prisoner 
was  not  present,  was  he  ?^ — I  am  inclmed  to 
think  he  was  there,  though  I  have  not  got 
his  name  down,  I  have  the  names  of  a  variety 
«f  delegates  and  other  people  that  were  to  be 
fitewaros  for  a  meeting  that  was  to  be  held  on 
the  aoth,  I  think. 

What  passed  at  the  meeting  f  if  you  find  any 
thing  to  enable  you  to  say  that  the  prisoner 
was  ihere^  we  will  take  it  down  ;  if  not,  we 
will  take  it  that  he  was  not  there  ? — A  general 
meeting  to  be  at  one  o'clock,  on  ths  20th  in- 
i#twn>  to  meet  Mr,  Gerrald,  and  have  a  dinner 
mX  five  o'clock,  at  the  Globe- tavern  in  tlie 
Strand. 

One  o'clock,  on  what  day  t — On  the  JOtb 
of  January,  a  sub-committee  was  formed  for 
-the  management  of  this  matter;  the  sub- 
committee that  undertook  the  management 
of  it  from  the  9lh  to  the  29tli,  were  Tbelwall, 
Franklow,  and  Stiff;  the  names  of  the  stew- 
ards are,  John  Tbelwall^  John  A^ar. 

John  Agar,  have  you  the  christian  names  at 
foil  ler>gth  in  your  minutes?-  — I  may  be  mis- 
taken in  the  christian  name,  which  has  some* 
times  happened,  but  I  have  it  John  Agar,  and 
Btewart  Kydd,  barristers,  John  Lovctt^  IL  F, 
Harrison,  1\  Stift\  Bartholomew  Peacock,  J. 
Pbilip  Franklow,  Thomas  Harris,  C.  Sinclair, 
J.  Powell,  W.  Williams,  Thomas  Mitchel, 
John  Pearce,  Matthew  Moore,  VVm.  Moffatt, 
and  J.  Martin,  attorney. 

Did  you  see  VVm.  IVioffatt  ?— Wm.  Mo^tt, 
it  was  said  was  a  delegate  of  the  convention 
at  Edinburgh^  Agrctd,  that  tickets  fur  the 
tlinncr  should  be  five  shillinj^s,  those  that 
cHned  were  to  pay  five  and  sixpence,  and  those 
that  did  not  dine,  paid  six-pence  for  Uiose 
tickets. 

Have  you  ahy  minute  of  any  subcotrv 
mittee? — a  sub-committee  to  draw  up  a  letter, 
and  send  to  all  the  socielies,to  unite  them  all 
in  one  general  sense  in  an  aijdress  to  the 
public,  on  their  invaded  right*  by  the  pro- 
ceedings of  the  magistrates  at  Edinburgh,  It 
"Wjis  mentioned  at  IhaC  meeting,  that  they 
shouM  discuss  the  conduct  ttf  the  righ\ 
l»ono!inible  Mr.  Uuuda?,  resf  ecting  the  Irmls 
oi'\U*-  il-l«*o^ritcsin  Edinburgn. 

to  be  the  subiommiltee  for  the 
pui,  Jniwtng  up  Ihiii  letter,  and  dis- 

cussing his  conduct?— I  have  not  got  down 
the  name*  of  the  committee. 

Lord  Chicfjustice  Eyre,-^Wa'^  it  a  different 
f^ubH:umtuittt?e,  from  the  !jub*  com  mittee  that 
was  U)  miiiutge  the  dinner?— Yes;  the  next 
minute  that  l  have  got,  is  of  tlie  SOlli  of 
Jaiiudry^  at  the  Globe  tavern. 


mules  of  the  BrilisU  Codivm- 


Trial  of  Thomai  Hardy 

Mr.  B(n^r.r-*Uava  you  no  farther  mtnutrs 

of  the  buf  lucss  of  tlie  9lh  of  January  ;  you 
are  not  yet  come  to  the  sub-conunittec;  is 
that  a  minute  of  Uiat  day,  or  of  the  I20th 
of  January? — It  is  on  the  same  day  a  sub- 
committee  to  be  chosen. 

Does  it  appear  that  any  sub^ouirtiiltee 
chosen  on  that  day  ?— .I'hcre  was  a  sub^toi 
mittee  chosen,  but  I  have  not  got  down 
names. 

Was  tliere  any  plan  agreed  upoi  - 
posed,  on  the  SiOth  of  January,  res|  ,ji 

proceedings  of  this  sub*  committee  r-«l^tH^ 
read  over  what  I  have  got  down,  and  f  recj 
lect  nothing  more. 

You  stated,  that  you  ceased  to  he  a  delei 
from  Midsummer,  to  near  C" 
came  you  to  cease  to  be  a 
tliat  lime  ? — I  ceased  lo  be  a  deic^ 
icqucncc  of  one  of  the  London  Coi 
Society,  making  a  report  some  tiui«  nrrurc, 
that  1  was  a  spy  upon  the  society,  and  1  wav 
tried  in  consequence  of  it,  I  think  on  the  I3t[i 
of  June,  I  was  tried  by  the  comuiittee  of 
delegates. 

What  was  the  result  of  your  trial  f — I  wbs 
acquitted  by  a  very  great  iriajority, 

Having  been  acquitted  by  a  majority, 
then  were  reelected  a  delegate,  before 
time  you  have  last  been  spealdng  off — I 
re-elected,  the  nest  meeting  I  attended 
the  2d  of  January,  iTQI* 

Mr.  JEn^ifi^.— When  was  it  tlmt  yoo 
reported  to  be  a  spy;  and  were  tried  f--l  t^iialc 
it  was  the  13lh  of  June, 

INIr.  Bower, — Now  come  to  the  tOth  of 
January ;  were  you  present  ul  ttic  meeting  at 
tiie  Globe- tavern,  ij|^i  "  t*'?*  '?'•'•  r^|' Jjmuan?? 
— Yes,  a  meeting  tli  iry,  at  the 

Globe  tavern,  J.  M^i  i..,,  ^ .     .1^..: . 

What  time  did  you  go  to  the  Ulobe4avi 
that  day  ? — I  went  to  the  tilobe  Tuvcm. 
fore  the  company  hail  assembled, « 
began,  but  I  do  not  recollect  pif* 
huur  they  were  assiembliu":,  so  far   I  hav« 
very  clear  recollection,  in  the  one  pair  of 
room,  and  that  in  the  course  of  their  coofiull 
tion,  and  talking  with  each  other,  tttat 
ttoof  of  the  room  gai^e  way,  and  created  a 
deal  of  confusion. 

In  consequence  of  thai,  I  suppose,  ihcj  _ 
not  stay  in  the  rkjui;  after  tlie  Uoor  ga' 
way,  where  did  they  go  next  ? — ^To  Ui« 
above. 

Were  you  there  at  any  lime  ia  tlie 
ooonf — I  was  there  before  the  businati ' 
and  I  was  there  till  the  business  waft 
and  the  resolution <»  at  that  time  wenp 
indeed  1  have  &  report  of  it  here. 

AfWr  the  Hoor  of  '  '  ;;i«ai 

and   it  was   neces^.  fhat 

stiould  adjourn,  and  tiu  i  »  | 

room  above  stairs,  whrrt  um 

there  was  any,  plarr 
situation  of  til 0  chti: 

ibr  the  musictms  at  luc  ^mt;  oi  lD£  n^o^ 
caat  th«r«  is  a  dimt:c. 


.    WHS 

iJl 


801] 


for  High  Treasott4 


A  sort  of  balcony,  or  gallery  P — .Inst  so, 
that  was  the  place  where  Mr.  Martin  was. 

Who  else  was  there  ? — ^Therc  were  Ramsey, 
Richter,  and  Thclwall. 

Was  the  priboner  there  or  not? — ^The  pri- 
soner was  there  likewise,  but  he  did  not  btand 
hi  the  front,  he  btood  behind. 

Who  stood  in  the  front  as  chairman? — 
Martin,  Thelwall,  Uiimsey,  and  Kirhter. 

What  passed  at  that  meeting  ? — A  deal  of 
time  was  taken  up  by  the  report  of  iMr.  Ram- 
sey, the  short-hand  writer,  reporting  Marga- 
fot*8  trial ;  next  was  carried  the  address  to  the 
nation;  there  was  then  an  adjournment  to 
dinner,  when  Thelwall  was  chairman,  and 
president. 

Were  you  present  at  the  dinner.^ — Yes, 

In  the  same  house  that  day  was  it? — Yes. 

After  the  business  was  over,  you  adjourned 
into  a  room  to  dinner ;  was  it  a  public  dinner } 
•••There  were  a  creat  number  of  people  at  din- 
ner, and  to  the  best  of  my  recollection,  it  was 
in  the  same  room,  however  I  will  not  say  that 
positively,  but  I  did  not  dine  with  the  large 
company;  Twas  in  an  adjoining  room  with  a 
few  of  the  company  who  could  not  get  scats; 
I  came  into  the  large  room  after  I  had  dined. 

Was  the  prisoner  in  the  room  that  you 
came  into  aAer  you  had  dined? — Yes. 

Wa»  Mr.  Thelwall  there? — Yes,  he  was 
chairman  at  the  dinner,  but  Martin  was  presi- 
dent at  the  meeting. 

What  passed  wnen  Martin,  and  Thelwall 
were  there,  after  you  came  in  ? — All  the  re- 
port I  have  got  is  the  toasts  after  dinner. 

Were  there  any  resolutions  at  any  time 
made  in  reference' to  the  general  objects  of 
the  society,  prtiposed  b>'  Thelwall,  anil  aereed 
to  by  the  meeting,  there  assembled  ? — 1  nave 
got  a  memorandum  here,  that  alter  Mr.  Uani- 
•cy's  report  of  Mr.  Marganu's  trial,  that  next 
wafreau  and  carrie<l,  the  Address  to  the  Nation, 
which  is  dated  at  tlie  OlolK^-tavfrn,  although 
it  was  drawn  up  prior  to  that — If  1  were  to  see 
it,  I  should  know  what  resolution ^»  were  passed 
at  that  time,  that  is  the  only  remark  1  have 
got  made  of  it;  then  follows  the  dinner:  there 
were  several  people  in  the  course  of  conversa- 
tion that.  I  did  not  know,  bqt  conversation 
was  kept  up  by  different  people  that  got  toge- 
ther; 1  have  inade  a  remark,  that  there  was 
very  bold  language  made  use  of. 

Mr.  Gihbs, — ^This  was  a  meeting,  not  com- 
posed wholly  of  the  members  of  the  Corres- 
ponding Society. 

Mr.  7lr)«er.-^ Hardy  was  present. 

Mr.  Oibin, — Hnl  he  is  s|K>akin^  of  conver- 
sation that  passed  from  people  there,  whom 
he  cannot  name. 

Mr.  Htmer. — Were  you  present  at  any  dele- 
gate meeting,  any  where  on  the  :)Olh  of  Ja- 
iroary  ?  No,  1  liwn  beg  you  to  t!o  to  the  23rd 
of  January,  I  must  not  pass  over  that?— No.  3. 
Sew  Compton-street. 

Was  that  a  meeting  of  delegates,  on  the 
2Stri  uf  January  ? — Ycfc. 

Wat  the  prisoner  there,  or  not?— Yes. 

VOL.  XXI\'. 


A.  D.  1794.  [809 

I  Tell  us  what  passed  ?— It  was  recommended 
I  that  hand-bills  be  stuck  up  in  all  parts  of 
Ix)ndon,  saying  what  grievances  wc  wish  to 
redress. 

Mr.  Rrskine. — Moved  as  a  resolution,  do 
yon  mean  ? 

Mr.  i^rwrr.— Agreed  by  the  delegates? — 
Yes — the  next  thing  that  came  forward  was  a 
box  for  a  subscription,  tor  the  sup)>orl  of  the 
delegates,  the  amount  of  which  was,  13/.  4a.  bd, 
the  box  was  opened  that  night,  and  thcro 
were  nine  bad  sliillings  in  it. 

One  of  the  Jun/. — What  was  the  subscription 
for  ? — I'he  support  of  the  delegates  in  Scot- 
land :  it  was  proposed  to  publish  the  names 
of  those  who  had  given  evidence  against  the 
patriots,  hut  objected  to  by  Thelwall,  as  it 
may  ]H-odiice  massacres ;  it  was  proposed  at 
that  time,  to  choose  two  sub-delegates  to  2lU 
tend  the  perpetual  committee,  to  watch  the 
parliament  every  night,  and  all  to  meet  every 
Thursday,  but  for  the  sub-delegates  it  was  not 
carried. 

Which  part  wa£ carried  ? — A  committee  was 
chose  on  tliat  night,  but  I  have  not  got  the 
names  of  them,  for  the  purpose  of  watching 
the  parliamentary  proccedines,  but  the  sub- 
delecates  part  was  not  carried ;  it  was  propo* 
sed  that  that  committee  should  be  maae  per- 
petual, but  I  have  no  memorandum  whether 
that  was  carried  or  no. 

Was  any  proposal  made  for  printing  any 
thing? — T  have  mentioned,  it  was  proposed  to 
publish  tlic  names  of  those  who  had  given 
evidence  against  the  patriots. 

You  do  not  recollect  any  thing  else? — I 
have  not  got  memorandums  of  anv  thing  else; 
it  was  reconmiended  that  hand-bills  should  bd 
stuck  up,  saying,  what  grievances  we  sus- 
tained. 

You  do  not  recollect  any  thing  else  ? — No. 

Were  you  present  at  any  delegate  meeting 
upon  the  30th  of  January  ?— Yes,  January  the 
30th,  No.  3,  New  Compton-street. 

Was  Mr.  llardv  there  ?— Yes— Division  No. 
1 1,  reconmicndeil  to  divide  the  metro]>olis  into 
divisions,  and  to  open  the  divisions  to  ali 
prts,  and  to  request  of  all  those  who  do  not 
oelong  to  us,  to  subscribe  for  the  delegates ; 
this  was  referred  to  the  constitutional  com- 
mittee. 

Wliat  was  meant  by  opening  the  divisions 
to  all  part«(  ?— The  opening  of  those  divisions 
was,  to  endeavour  to  liave  meeting  houses  all 
over  London,  of  different  divisions  of  the  so- 
ciety,  those  that  lived  nearest  to  a  place  of 
meeting,  it  was  recommended  to  them  to  at- 
tend at  the  meeting  nearest  to  them,  for  the 
purpose  of  collecting  friends  round  about  near 
that  place  where  tliat  division  met,  and  so  all 
round  London. 

Were  any  number  of  persona  stated  or 
agreed  upon  to  compose  these  several  meet- 
ings?— No  particular  number  was  stated  at 
that  time,  they  always  held  in  idea  a  regula- 
tion which  they  had  before,  that  when  a  divi- 
sion waa  more  than  thirty,  forty^  or  sixty,  that 

3  F 


809J 


35  GEORGE  III. 


it  should  branch  off,  and  then  have  a  new 
inumbcr ;  but,  however,  that  was  a  matter  that 
was  very  Httle  attended  to. 

No  particular  number  were  to  your  know- 
ledge proposetl  ?— No ;  the  division  Nu.  13  re- 
commemled  that  the  delegates  be  instructed  to 
advertise,  and  request  a  many  spirited  friends 
that  do  not  belong  to  us  to  come  forward  and 
subscribe  to  the  support  of  the  delegates. 

How  nuichwasto  be  subscribed  ? — As  much 
as  they  could  prevail  upon  them  to  subscribe. 
Division  No.  8,  in  Ilotherhithe,  wished  to 
know  if  they  should  remove  into  the  Borough, 
having  had  a  constable  with  them,  many 
liave  lost  their  business^and  are  afraid  of  press- 
gangs.    The  next  was  the  call  of  the  house. 

What  do  you  mean  by  the  call  of  the  house  ? 
—The  delegates  attended  the  call  of  the 
house. 

Goon  to  the  next  after  that  ? — A  motion 
was  made  by  Thelwall  that  there  should  be  a 
permanent  comniittee  of  delegates  to  consider 
of  measures  to  be  jtursued  during  the  present 
posture  of  affairs,  and  to  be  a  secret  one ;  those 
of  the  general  committee  of  delegates  chose, 
to  be  fified  up  by  other  delegates,  and  they 
were  to  be  invested  with  a  discretionary  power 
to  report  to  the  committee. 

To  what  committee  ? — ^To  the  committee  of 
delegates ;  but  the  committee  of  delegates 
had  a  power  to  dissolve  them  when  they 
pleased. 

Was  it  mentioned  of  whom  the  secret  com- 
mittee were  to  consist  ?— They  were  Martin, 
Baxter,  Willianis,  Thelwall,  aod  Moore  ;  that 
was  carried  unanimously. 

Was  tlicre  any  secretary  appointed  to  the 
secret  conuuittee  ? — None. 

What  was  to  be  the  power  of  the  secret 
comniittee? — ^The  secret  committee  was  to 
consider  of  what  measures  were  necessary  to 
be  adopted  at  that  time,  and  so  long  as  they 
should  sit,  aicordins;  to  the  measures  that 
wcfi'  adopted  in  the  House  of  Commons. 

What  were  they  to  do,  were  they  them- 
selves to  carry  any  measure  into  effect,  or  how 
were  they  to  act  r— The  secret  committee  was 
to  have  a  power  to  call  the  general  committee 
of  delegates  together  when  liiey  saw  it  was 
necessary,  and  at  any  time,  or  at  any  place. 
This  was  agreed  to  also. 

What  was  the  next  thing  that  was  carried  ? 
— A  sub-committee  of  three  to  consider  of  the 
best  Hjode  to  increase  subscriptions  Jbr  the 
delegates  in  Scotland;  this  was  referred  to  tlic 
secret  conmiittee  with  full  powers. 

What  was  the  next  thing  done  ? — ^There 
was  a  letter  from  Margarot,  but  I   have  no 
memorandum  whether  it  was  read  or  not. 
Nor  of  the  substance  of  it,  have  you  ? — No. 

Then  go  on  to  the  next. — Ii  was  proposed 
by  Thelwall  that  a  committee  of  two,  as  a 
committee  of  exigence,  should  leport  tothe  ge- 
neral committee. 

.  Uow  was  that  committee  of  exigence  to  be 
formed,  two  from  all  the  aocietie^  or  how  to 
be  formed?— I  lutve  it  down  here^A  com- 


Trial  of  Thomas  Hardy  [80* 

mittee  of  two  as  a  committee  ofeiigpDceto 
report  to  the  general  committee,  but  not  to 
publish  any  thmg:  but  this  was  withdrawn— 
I  have  here  a  letter  dated  the  88th  of  January 
1794,  from  Old  Friends  New  Ueviveil,  that 
they  had  c<»llected  as  many  friends  as  possiUe* 
and  would  publish  their  sentiments;  thai 
they  are  increasing  the  Bristol  Society  for 
Constitutional  Information. 

Old  Friends  New  Revived  ?— They  describe 
themselves  so  in  the  letter. — On  the  6th  of 
February  tliere  was  a  meeting  of  delegates. 

W^as  Mr.  Hardy  there  ?— Yes,  he  waSw— 
The  first  thing  that  was  mentioned  there  wa^ 
that  a  letter  was  received  from  citizen  Stiff 
with  respect  to  his  goin^  down  to  Rotherhilhei^ 
on  account  of  the  society  established  there, 
being  disturbed. — Motion  from  the  permaneDt 
committee  to  nominate  others  in  their  places, 
it  being  a  secret  committee,  and  tliosc  that 
are  to  l)e  appointed  are  not  to  be  known. 
This  was  brought  forward  by  the  secret  com- 
mittee, saying  that  bein^  a  secret  commit- 
tee they  had  found  out  tliat  it  was  danger- 
ous, and  therefore  they  applied  to  the  com- 
mittee of  delegates  to  dissolve  them,  apd 
give  them  power  to  choose  another  commit- 
tee in  their  place ;  and  they  likewise  requested 
that  they  might  not  be  compelled  to  name 
the  names  of  those  persons  that  were  to  form 
the  new  committee.  Division,  No.  1 1,  recom- 
mended the  committee  to  consider  of  the  si- 
tuation of  Hodson  and  his  wife,  he  was  put 
among  the  felons,  and  deprived  of  seeing  nis 
friends :  this  was  sent  back  on  account  of  the 
lowness  of  our  funds,  being  obliged  to  support 
our  delegates. 

Wliat  delegates? — Delegates  in  Scotland. — 
Motion  from  division  29,  that  the  names  of 
I  those  who  have  subscribed  for  the  distressed 
j  weavers  be  printed,  and  to  be  posted  up ;  that 
1  wjis  not  carried.    A  letter  was  received  in  a 
parcel  from  Sheffield  from  Margarot  to  Hardy, 
dated  the  7  th  of  January.    A  letter  from  Shef- 
field,  dated  the  3()th    of  January,  Joseph 
Scoficld  the  bearer,  recommended  to  spend  all 
his  lime  in  the  societies.    A  letter  was  receiv- 
ed from  Gerrald,  recommending  them  to  send 
down  a  sliort-hand  writer  to  take  his  trial. 

Was  any  thing  done  upon  that  letter  from 
Gerrald,  'about  appointing  a  short-hand 
writer?— It  was  mentioned  that  Mr.  Uamsey 
charged  forty  pounds  for  taking  Margarot's 
trial;  Jenkins  who  was  recommended  cannot 
go.  Sibley,  in  Goswell-slreet,  to  be  applied 
to,  to  go  down,  and  if  he  was  not  prevailed 
upon  to  go,  Hardy  should  appoint  somebody 
to  go  down. 

What  passed  upon  the  20th  of  February?^ 
The  delegate  ot  division  18,  made  a  motion 
to  reprint  the  Rights  of  Swine,  and  ordered  it 
to  be  printed  by  Pearre, — Motion  by  Pcarce, 
that  a  connnittee  of  seven  be  appointed  to  re- 
vise the  nrw  constitution,  anu  report  neit 
Thursday  evening.  Itesolved,  that  nf\y  thou- 
sand haiidbillsof  lord  Stan hope*8  speech  re- 
spectiQg  the  foreing  uoops  be  printed ;  to  ie- 


90S] 


for  High  Treason. 


A.  D.  17d4f. 


[806 


tarn  hitn  thanks,  and  to  engrave  the  doctrine  j 
upon  our  hearts,  and  transmit  it  to  our  pos- 
terity. 

After  this  time  yon  ceased  to  be  a  delegate, 
or  shortly  afterwards? — Yes. 

This  is  the  substance  of  what  you  collected 
during  the  time  you  were  a  delegate  ? — Yes. 

How  became  you  a  member  of  this  society  ? 
^By  mere  accident. 

What  is  your  business? — An  ironmonger, 
ftnd  in  the  commission  line. 

How  did  you  become  a  member?— I  was 
St  the  sign  of  the  Mansion-house,  when  the 
division  No.  12,  had  a  raeetingthere  ;  I  knew 
nothing  at  all  of  it,  but  the  kmdlord  had  one 
of  their  printed  resolutions  given  to  him,  and 
I  requested  the  favour  of  looking  at  it,  and 
upon  seeing  it,  my  remark  to  him  was,  that 
it  was  a  society  tormed  for  overt  iirninj;  the 
constitution  of  this  country,  and  I  advised  him 
by  no  means  to  suffer  tliem  to  meet  liiere  any  j 
more,  for  ifhedid,  he  would  ceriuiiiiy  have  > 
bis  licence  taken  away.  j 

Then  you  made  yourself  a  member  of  the  i 
tociety;  how  did  you  get  admitted ;' — I  went  ■ 
up  to  the  society  the  same  evening  along  with  I 
two  other  gentlemen  that  were  tlierc.  I  un-  I 
^erstood  that  any  person  might  go  into  the 
\ ;  there  had  been  two  or  three  had  at 


tempted  it,  therefore  they  appointed  a  door 
keeper  to  admit  none  but  those  that  were 
memt^crs ;  one  of  the  society  endeavoured  to 
turn  me  out,  however  I  went  in,  and  had  some 
conversation  with  the  president,  whose  name 
wts  Watson,  and  who  was  at  that  time  sup- 
posed to  be  secretary  to  lord  George  Gordon ; 
we  were  charged  with  interrupting  the  com- 

rmy ;  I  asked  pardon  of  the  society,  saying, 
did  not  mean  to  do  any  thing  of  the  kind, 
but  understanding  the  society  was  on  a  public 

rund,  I  should  be  much  obliged  to  them 
one  of  their  resolutions,  and  then  I  should 
Icmve  them  to  their  own  deliberations. 
-  Then  you  were  admitted  a  member  in  con- 
sequence of  what  you  had  observed  ? — Yes ; 
the  following  night,  in  Newgate-street. 

Oeorge  Lynam  cross-e.xamincd  by  Mr.  Erskine. 

Mr.  Enklne.—l  have  very  little  to  trouble 
you  with,  for  Mr.  Bower  has  very  kindly  put 
the  questions  to  you  which  I  was  disposed  to 
jnit ;  I  think  you  say  you  arc  in  the  commis- 
sk)n  line?— what  sort  of  commission  line? 
—Both  in  the  Birmingham  and  ShclHeld. 

At  this  moment  arc  you  ?— Not  now. 

How  long  is  it  since  you  were  in  this  com- 
nussion  line  ? — I  have  been  in  the  commission 
linCi  and  am  in  the  commission  line  now. 

I  thought  you  said  a  moment  ago,  not  now  ? 
—I  have  authority  to  sell  by  commission  from 
difierent  people,  but  I  do  not  keep,  or  liave 
any  stock  left  with  me  by  any  manufacturer  at 
the  present  moment. 

I  should  think  you  have  hardly  leisure  to 
coDoem  yourself  witli  those  sort  of  transac- 
tkNU,  have  you  ?*I  have  certainly  leisure, 
iod  if  I  am  to  answer  you  how  it  is  that  I  have 


directed  myself  to  the  business,!  shall  answer 
you  in  a  very  candid  manner,  and  tell  you, 
that  I  am  making  an  application  for  a  busi- 
ness in  the  East-Indiahne  ;  that  is,  to  attend 
at  the  coffee-houses  to  take  orders  from  the 
captains  and  mates,  and  different  officers  on 
board,  but  I  do  that  business  on  my  own  ac- 
coimt. 

How  long  is  it  since  you  first  conceived 
this  plan, — it  certainly  is  a  reputable  one,  and 
1  don't  find  fault  with  it ; — how  long  is  it  since 
you  set  yourself  to  this  inquiry? — In  a  small 
degree  I  have  done  it  for  I  supj>o*'0  these 
seven  years. 

Taking  orders  for  captains  and  mates,  and 
so  on,  in  a  small  degree  ? — ^Yes ;  till  the  last 
season. 

How  long  is  it  since  you  did  any  business  of 
that  sort  ?— The  la^^t  season. 

And  the  seaspn  before,  and  so  on,  for  the 
last  seven  yrars? — 1  never  did  so  much  as  I 
did  the  last  season. 

You  were  an  irnnmonjrer  originally  ? — Yes; 
I  was  brought  up  to  that. 

Where  might  your  shop  he  ? — I  first  of  all 
had  a  warehouse  in  VVood-street ;  I  removed 
from  one  house  in  Wood. street  to  another,  and 
from  thence  to  Walbrook,  where  I  have  been 
ever  since. 

You  keep  a  shop  open  there  now  of  course  ? 
— Yes. 

You  do?- Yes. 

You  have  always  kept  your  shop  open  then 
notwithstandiag  this  collateral  busmess  at  the 
East- India  house,  in  the  commission  line  ? — 
I  have  always  kept  a  warehouse  for  wholesale 
business ;  I  have  never  been  in  the  iictail 
way  since  I  left  Shrimpton  and  company. 

You  were  very  much  alarmed  for  the  safety 
of  the  constitution  of  the  country  upon  reading 
a  paper  I  think  that  your  landlord  had  shown 
you  ? — Yes. 

Should  you  know  that  paper  if  you  saw  it  f 
—Yes 

It  is  the  **  Resolutions"  I  believe  ? — ^Yes ;  the 
resolutions*^  and  address.  It  is  the  address 
that  was  brought  out  after  the  original  one  I 
stated  in  the  month  of  March  1792,  that  was 
too  small ;  afterwards  it  became  more  volu- 
minous, and  it  has  been  made  use  of  from  that 
time  to  the  present. 

'Sir.  Attorney  GcncraL-^-l  should  suppose 
it  was  that  of  the  12d  of  Mav  ? — No ;  it  was 
the  24th  of  May,  t792. 

Mr.  Krskine. — [showing  a  printed  paper  to 
the  witness]  is  that  the  paper .?— Yes,  it  is. 

You  were  alarmed,  and  munediately  said  to 
your  landlord,  that  this  was  a  society  which 
would  bring  on  the  destruction  of  this  con- 
stitution, and  of  course,  as  a  good  subject,  ynu 
immediately  set  yourself  to  inquire  into  it, 
and  to  become  a  nieml)t:r  for  that  puriK>&e  ? — 
Yes. 

I  need  not  ask  you,  because  it  follows  of 
course,  that  in  order  to  carry  on  that  plan,  it 
was  necessary  that  you  should  seem  to  tliink 
ab  they  did  ? — ^Yes. 


607]         35  GEORGE  III. 

You  were  elected  a  delegate  ? — Yes. 
And  you  coDtinued  a  delegate  until  the 
ISlh  of  June,  1793  ? — Yes ;  as  near  as  I  can 
give  you  any  intelligence. 

Theo  you  fell  under  suspicion,  you  were 
tried,  and  uere  acquitted  by  anuyority? — 
Ves. 

And  pray,  sir,  if  I  might  so  far  inquire  into 
the  forms  of  your  trial,  was  the  trial  upon  evi- 
dence,x)r  were  you  acquitted  upon  any  decla- 
ration of  your  own?— I  was  tried  upon  evi- 
dence ;  I  was  tried  upon  evidence  that  was 
brought  forward  at  the  meeting  of  the  dele- 
gates. 

Were  you  asked  whether  there  was  any 
foundation  for  that  charge  or  no  ?— There 
were  four  or  five  gentlemen  brought  forward 
to  the  committee  ot  delegates  to  prove  tliat  I 
was  not  a  friend  to  the  society ;  it  took  up  a 
lung  consideration,  and  it  was  vcrv  late  before 
we  parted,  and  after  hearing  all  that  they 
could  say,  and  from  whence  arose  that  sus- 
picion, I  was  honourably  acquitted.  1  have 
got  down  the  names  ot  my  accusers,  in  the 
course  of  my  minutes,  but  I  did  not  take  any 
kind  of  notice  of  it,  not  thinking  it  necessary. 

Then  being  honourably  acquitted,  you  con- 
tinued to  attend  the  society  regularly  ?  -I  was 
discontinued  as  a  delegate ;  I  believe  I  served 
out  for  that  quarter,  but  in  that  month  I 
went  down  into  Staffordshire,  and  into  York- 
shire, upon  business,  upon  an  order  that  I  had 
from  America. 

At  what  lime  did  you  first  communicate  tu 
any  magistrate  that  you  were  in  the  course 
of  this  mquiry,  and  whctlier  you  furnished 
tltem,  or  any  particular  magistrate,  from  time 
to  time,wilh  the  notes  you  have  been  reading 
in  court  f — I  consulted  with  a  friend,  and  m- 
formed  him  thai  there  were  such  and  such  so- 
cieties about  Loudon. 

I  am  not  asking  you  what  you  informed  a 
friend  ? — It  is  necessary  I  should  stale  it ;  I 
should  be  sorry  for  saymg  any  thing  that  is 
wrong,  and  1  wish  the  world  at  large  should 
know  my  reason  for  doing  it ;  I  did  not  do  it 
of  myself  j  but  by  advice  ;  it  was  a  gentleman 
that  I  had  received  friendship  from  at  the 
west  end  of  the  town ;  he  recommended  me 
b}'  all  means  to  make  a  report  of  it ;  1  did 
make  a  report  of  it,  and  have  done. 

And  you  have  done  from  time  to  time?*- 
Yes. 

When  was  the  first  of  those  reports  made  ? 
— I  believe  tlie  first  report  that  I  made  must 
be  in  the  month  of  October,  1792. 

I  shall  not  at  present  ask  you  who  that 
person  was,  and  whether  the  report  you  made 
was  to  any  person  entrusted  with  any  public 
station  or  merely  to  a  i»ri\'ate  friend,  to  any 
person  invented  with  luagistracy  so  as  to 
act  upon  it?— I  do  not  know  how  tar  I  am  at 
liberty  to  answer  this  quettiuu ;  I  made  my 
reports  to  a  imrson  in  a  quarler  that  I  was 
well  satisheil  that  a  proper  knowledge  would 
be  had;  whether  it  is  by  a  magistrate,  or 
wlicUi-'  I-  -.ny  body  else,  it  mak^xu)  dife- 


Trial  of  Thomas  Hardy 


[868 


ence,  I  was  satisfied  in  my  mind  that  tbesf 
societies  would  be  known  by  those  rcpoitL 

If  you  had  told  me  that  it  was  any  body 
vested  with  any  public  magistracy,  I  mold 
not  have  asked,  but  havine  said  it  ia  not  a 
person  in  that  situation,  I  ask  to  wbon  it 
was  ? — I  have  not  said  so. 

I  wish  then  to  repeat  my  question  ?-^I  said 
I  would  answer  it  in  the  best  manner  I  potsi? 
bly  could,  and  that  is,  whether  it  was  a  ma- 
gistrate or  any  other  person,  I  was  sattsfic^ 
from  Uie  quarter  I  gave  my  information  to, 
that  it  was  well  known  tliat  there  were  these 
societies. 

Did  you  hear  my  question  ?— Yes. 

Then  surely  you  could  not  consider  that  as 
an  answer  if'^you  did  ;  I  put  this  question— 
vf3s  the  person  to  whom  you  communicated 
your  reports  in  the  month  of  (ktuber  1792,  a 
magistrate  of  any  species  or  description,  from 
a  justice  of  the  peace  to  a  secretary  of  state  ? 

Li/nam. — If  I  am  by  your  lordship's  di- 
rection to  answer  this  question  directly,  I  cer- 
tainly will. 

Lord  Chief  Justice  Eyre.— I  think  you  may 
say  that  it  was  or  not  to  a  magistrate  ? — It 
was  not  to  a  magii^tratc. 

Mr.  Erskine. — ^I'hen  to  whom  was  it  .* 

Mr.  Attorneif  General. — I  object  to  that 
quetition  being  put ;  the  principle  which  ad- 
mits that  it  ought  not  to  be  asked  if  it  were 
to  a  magistrate,  admits  that  it  ought  not  to  be 
asked  a^  to  any  body  else  ;  for  my  part  I  cannot 
sec  wliatit  has  to  do  with  the  justice  of  the 
case. 

Mr.  Erskine. — I  am  surprised  at  this  ob- 
jection ;  is  this  man  to  be  let  loose  for  seven 
hours  with  written  papers,  and  am  I  not  )o 
be  permitted  to  try  his  credit  ?  when  he  says 
that  in  the  month  of  Octolicr,  1702,  he  in- 
formed a  person  of  these  transactions,  am 
I  not  to  be  permitted  to  ask  him  who  the 
person  is  to  whom  he  made  those  reports  I 
if  he  answers  it  was  to  such  an  individual, 
may  I  not  call  that  individual  in  order  to  show 
perad venture,  that  these  reports  had  no  exis- 
tence at  that  time,  or  that  he  did  not  show 
them  to  the  person  named  ?  I  shall  be  per- 
fectly satbfied  with  whatever  judgment  the 
Court  {tiease  to  pronounce  upon  this  occasion, 
but  I  certainly  think  it  my  duty  to  insist  upon 
the  question. 

Lord  Chief  Justice  Ej^re. — It  is  perfectly 
right  that  all  opportunities  should  be  given  to 
discuss  the  truth  of  the  evidence  given  against 
a  prisoner;  but  there  is  a  rule  which  has 
universally  obtained  on  account  of  its  impor- 
tance to  the  public  for  the  detection  of  crimes* 
that  those  persons  who  are  the  channel  by 
means  of  which  that  detection  is  made,  sliould 
not  be  unnecessarily  disc'lo.sed  :  if  it  can  be 
made  appear  that  really  and  tndy  it  is  neces- 
sary to  the  investigation  of  the  truth  of  the 
case  that  the  name  of  the  person  should 
be  disclosed,  I  should  be  very  unwilling  to 
stop  it,  but  it  does  not  appear  to  me  that  it  is 
within  the  oidinaiy  course  to  do  i^  or  that 


8S9J 


Jar  High  Treason. 


i^ifite  is  any  necesiity  for  k  io  iImi  mrticular 
cafe;  all  thai  tbU ivitoesB says  is,  ididtbU 
iqion  advice;  I  did  from  time  to  time  copi* 
mwi**'^**  with  a  friend  for  the  purpose  of  ita 
beiDf  communicated  to  a  magistratei  and  in 
thai  manner  it  was  that  I  fiame  to  know  these 
tiantaations. 

J£  there  is  a  rule  that  the  channel  hy  which 
those  communications  are  made  should  not 
be  diicloBed,  that  rule  I  think  will  extend  to 
this  case:  I  rather  think  thatiye  have  this 
day  deteimiaed  that  there  is  such  a  rule,  and 
I  cannot  satisfy  myself  that  there  is  any  sub- 
afaiUial  distinction  between  the  case  of  tibis 
ma^'s  going  to  a  justice  of  the  peace,^or  going 
to  a  magistrate  superior  to  a  juati<^  oT  the 
peaoe^  pr  to  some  other  person  who  commu- 
liicated  with  a  justice  of  the  peace,  because 
th|5  communication  to  a  justice  of  the  peace, 
Qiougb  it  may  be  extremely  necessary  ior  the 
]Rirpose  of  bringing  ofi'cnces(to  light,  yet  will 
not  of  itself  amount  to  any  evidence. 

tiv.  GiMf.-^-With  great  submission  to  your 
lord^ps.  the  way  in  which  the  (j^uestion  was 
put  to  the  witness  by  Mr.  Erskme,  was  in 
order  to  sift  his  credit,  whether  what  he  said 
now  was  what  he  had  always  said ;  he  asked 
him  this,  not  who  employed  him,  but  whether 
he  had  communicated  to  any  body  what  he 
had  observed  at  Uie  meetings  of  these  socie- 
ties; his  answer  was,  thatnc  had  communi- 
cated it  to  a  friend :  Now  witli  great  submis- 
sion to  your  lordships,  it  is  the  common 
practice,  that  wheu  a  man's  credit  is  sifted  by 
Icing  asked  whether  he  has  ever  told  the 
same  stor)-  to  another  person,  and  he  savs  he 
has  told  it  to  a  particular  person,  he  is  dways 
asked  who  that  particular  person  is,  if  the 
gentleman  who  is  examining  him  thinks  it 
Morth  while  to  press  the  examination  to  that 
eitent. 

Lord  Chief  Justice  Eyre^ — I  believe  in 
general,  where  it  is  not  at  all  accompanied 
with  the  circunistance  of  its  being  a  channel 
of  communicatiou  to  government  for  disco- 
very, that  what  you  say  is  true;  and  the  only 
Siiestion  is,  whether  tliere  be  such  a  rule  for 
le  sake  of  enabling  the  crown  to  watch  over 
and  detect  great  dlences,  the  channels  of 
commmiicatiun  are  not  to  be  disclosed.  If 
there  be  no  such  rule  as  that^  your  proposition 
is  right :  it  appears  to  me  that  there  is  such  a 
rule,  and  that  we  have  this  day  determined 
that  such  a  nile  exists ;  and  I  do  not  feel  a 
distinction  between  tliis  case  and  that. 

Lord  Chief  Baron  MacdonaU, — Ask  hini 
if  it  was  any  servant  of  tlie  public. 

Mr.  Erskine. — Was  it  any  servant 

Mr.  Attorney  GtntTa/.— I  am  sure  I  am 
addressing  a  Court  that  will  always  excuse  a 
counsel,  in  anv  situation,  who  is  acting  upon 
public  grounds,  if  he  should  happen  to  be 
mistaken.  1  submit  to  your  lordships,  that 
the  question  which  Mr.  Erskine  was  about  to 
put  to  the  witness,  is  not  a  question  to  be  put 
w  itb  reapoct  to  wliat  has  been  stated,  as  the 
ffdncipk  upon  which  the  queatiou  waa  obgi- 


A.  D.  nat.  [810 

nally  put,  your  lordships  will  permit  me  first 
to  state  what  was  the  fact  at  the  time  that 
this  objection  arose.  Mv  learned  friend  asked 
the  witness,  whether  tiie  person  to  whom  he 
made  the  communication  was  or  was  not  a 
nuigistrate?  As  I  understood  tlic  answer  of 
the  witness,  it  was  to  this  eA'ect;  that  ho 
made  the  communication  to  a  person  who 
was  in  such  a  situation  that  he  had  no  doubt 
that  the  conduct  of  those  societies  would  be 
watched  by  those  whose  duty  it  was  to  attend 
to  it  The  question  immediately  out  upon 
that  was,  if  it  was  not  a  magistrate,  who  was  it  ? 

Now  I  know  I  ought  to  state  with  great  di^ 
fijence,  any  opinion  of  mine  upon  a  question 
of  evidence,  not  having  for  years  attended 
any  of  the  courts  of  law,  not  knowing  what 
the  practice  of  the  courts  is  at  this  day,  and 
not  being  therefore  able  to  state  from  princi* 
pie  what  rule  is  to  be  deduced  from  that 
practice ;  but  in  the  course  of  the  early  period 
of  my  life  I  have  had  a  good  deal  to  do  with 
this  sort  of  business  in  the  courts  of  law,  and 
I  beg  humbly  to  state  my  own  opinion,  that 
if  the  rule  with  respect  to  asking  a  question 
of  a  witness  be  tliat  he  is  to  disclose  the 
channel  of  communication  to  a  magistrate, 
that  a  question  pointing  at  persons  who  stand 
in  situations,  where  they  cannot  be  strictly 
stated  as  acting  as  magistrates,  but  at  the 
same  time  have  respect  to  the  pubUc  office  of 
magistracy,  is  a  question  that  is  not  to  be  put. 

My  friend  says,  ought  I  not  to  try  the 
credit  of  the  witness?  I  happen,  in  the  habit 
of  my  own  profession  for  the  last  six  years,  to 
know  tlie  practice  in  the  court  {of  exchequer; 
it  is  a  sort  of  thing  that  occurs  every  day:  a 
witness  savs,  I  had  an  information  that  the 
defendant  had  committed  an  offence  agaia<it 
the  revenue  laws,  for  which  he  would  incur  a 
forfeiture  of  thirty  thousand  pounds,  if  you 
choose  so  to  state  it.  What  is  the  principlu 
upon  which  the  Court  says,  you  shall  never  ask 
where  he  got  that  information?  It  may  bo 
said,  it  is  necessary  I  should  know  tlii.s 
because  it  may  be  extremely  essential  in  trying 
the  credit  of  the  witness  who  speaks  to  other 
facts,  tliat  I  may  know  his  credit  as  to  other 
tacts,  by  trying  how  far  he  is  credible  to  the 
tacts  he  states  of  A.  or  B*  But  what  says  a 
court  of  justice  ?  A  court  of  justice  does  not 
sit  to  catch  tlic  little  whispers  or  the  huaaas  of 
popularity;  it  proceeds  upon  great  principles 
of  general  justice;  it  says  that  individiiab 
must  suffer  inconveniences,  rather  than  great 
public  mischief  should  be  incurred;  and  it 
S(>yh,  that  if  men's  names  are  to  be  mentioned 
who  interpose  in  situations  of  this  kind,  the 
con!«equcnce  must  k>c,  tliat  groat  crimes  will 
be  passed  over  witliout  any  information  heing 
ohViFC^  alx>ut  them,  or  without  persons  taking 
that  partwliich  is  always  a  disagreeable  part 
to  tHKe,  hut  which  at  the  same  time  it  is 
necessary  should  be  taken  for  the  interest  of 
thj  public.  1  say  then,  that  the  objectioa  ta 
the  question  now  proposed  to  be  put, — always 
stating  thatol^ection  with  the  utmoal  den« 


811] 


36  GEORGE  III. 


7m/  of  Thomas  Hardy 


{81S 


rencc  to  your  lorchhins,  wliich  I  do  from  a 
sense  of  duty  foundeu  upon  what  I  think  the 
clearest  principle  of  duty  to  every  individual 
who  forms  a  part  of  the  community— I  state 
this-*that  after  the  witness  has  distinctly  said 
tliat  he  mentioned  this  to  a  person  who  was 
to  communicate  it  to  those  who  woiUd  ncces- 
sarUy  take  care  of  the  interests  of  society,  in 
consequence  of  that  information  being  com- 
fDunicated,  that  that  channel  of  communica- 
tion brines  the  name  of  that  person  within  the 
rule  the  Court  has  laid  down. 

Mr.  Justice  BulUr, — Did  the  witness  say 
he  mentioned  it  to  this  friend  for  the  piu7K>sc 
of  its  being  communicated  to  a  public  officer  ? 

Mr.  EnkiTie, — No. 

Mr.  Justice  Groie. — <<I  am  satisfied  that 
from  the  quarter  where  I  gave  my  information 
the  societies  would  be  known;*'  I  believe 
those  were  the  words. 

Lord  Chief  Justice  Eyre. — I  have  it  thus: 
*^  He  made  a  report  to  one,  who,  he  was 
certain,  would  communicate  it,  but  not  to  a 
ina£istrate." 

Mr.  Gibb$, — ^I  think  he  said  before  that, 
'^  I  consulted  with  a  friend  who  recommended 
it  to  me." 

Lord  Chief  Justice  Eyre. — lie  did  so. 

Mr.  Enkine. — ^Thc  manifestation  of  inno- 
cence is  as  great  a  princii)le  in  the  administra- 
tion of  justice  as  the  punishment  of  crimes. 

Mr.  Attorney  GeneraL-^  Most  surely. 
'  Mr.  Erskine. — I  will  go  back  again,  with 
the  permission  of  the  Court,  in  my  examina- 
tioB.  You  told  me  that  in  the  month  of 
October,  1792,  you  made  a  report;  by  making 
a  report,  do  yuu  mean  that  you  showed  that 
book  to  any  body  in  November,  17  9^,  from 
which  you  have  been  now  reading  ? — I  did 
not.  Your  original  question  was,  to  know 
how  it  was  that  I  gave  a  communication ; 
there  has  been  a  misunderstanding,  how  it 
was  that  I  did  give  any  iufonnation ;  I  told 
you  1  was  advised  by  a  friend  to  give  a  com- 
munication, and  that  from  him  1  was  recom- 
mended to  give  that  communicatiun,  and  I 
gave  it  in  a  quarter — 1  believe  these  were  the 
express  words— I  gave  it  in  a  quarter  that  I 
was  well  satisfied  tiiat  it  woulci  be  known, 
that  there  were  these  sort  of  societies  in 
London ;  the  mistake  that  has  been  made  is, 
that  I  continually  communicated  with  this 
gentleman  that  I  first  of  all  consulted  *.  I  never 
saw  that  gentleman  afterwards,  but  the  chan- 
nel, the  quarter  tliat  he  directed  me  to^  I 
pursued  all  the  way  through. 

You  were  advised  by  a  friend,  to  whom,  no 
doubt,  you  had  communicated  what  you  knew, 
to  make  that  communication  to  a  person 
whom  that  friend  recommended  ?  —Just  so. 

Was  that  friend,  who  advised  you  to  make 
that  representation,  a  magistrate  ? — No. 

Then  who  was  that  friend  ? 

Mr.  Attorney  General, — I  really  must  object 
to  the  question. 

Mr.  Enkine, — My  question  is  not — ^who 
the  person  is  to  whom  his  friend  recomp 


mended  him  to  make  the  commanication, 
because  he  has  said  that  the  person  he  went 
to,  by  the  recommendation  of^his  friend,  was 
a  clianncl  from  whence  government  was 
hkelyto  be  informed;  therefore  I  did  not 
mean  to  put  any  question  in  the  teeth  of  what 
the  Court  have  resolved :  but  I  have  only  this 
to  say,  that  I  was  not  present  in  the  morning 
when  your  lordships  determined  iu  My 
question  now  is,  who  was  the  friend  (which 
friend  was  not  a  magistrate)  who  did  advise 
the  witness  to  make  the  communication  lo 
another  person  f 

Lord  Chief  Justice  Eyre. — If  the  priociple 
be  ri^ht,  I  am  of  opinion  it  extends  to  fnat 
question,  because  the  disclosing  who  the 
friend  was  that  advised  him  to  go  to  a  majgis- 
trate,  is  a  thins  which  puts  that  friend  m  a 
situation  into  which  he  ought  not  to  be  put, 
and  into  which  it  is  inconvenient  to  general 
justice  that  he  should  be  put. 

Mr.  £r«Arintf.--Supposin|,  for  instance,  that 
I  were  in  possession  of  evidence,  but  which  I 
could  not  possibly  produce  to  contradict  this 
witness,  that  he  haa  made  no  such  communi- 
cation to  any  living  being  at  that  time;  that 
this  is  all  an  invention  and  fabrication  ([state 
it  only  for  augument's  sake,  which  I  have  a 
right  to  do\  how  is  it  possible  I  should  do  it,  if 
I  cannot  be  allowed  to  extract  from  the 
witness  who  the  person  was  to  whom  he 
made  the  communication,  and  who  advised 
him  to  give  information  to  some  other  person? 
It  will  be  asked,  is  it  an  honourable  thine? 
Is  it  to  be  supposed  that,  in  this  country,  the 
law  and  the  liberty  of  the  subject — and,  I 
trust,  that  the  law  and  the  liberty  of  the 
subject  will  always  go  together,  and  [  hope  in 
(jod  that  the  time  will  never  arrive  when  the 
huzzas  of  popularity  shall  be  against  the  go- 
vernment ana  administration,  out  that  the 
government  and  administration  shall  be  so 
conducted  as  to  carry  along  with  them  those 
huzzas  of  popularity  which  always  attciKi  a 
government  well  administered — if  that  be  so, 
all  1  want  to  know  is,  that  which  can  expose 
no  man  to  contumely,  namely,  that  he  has 
advised  a  person,  who  tells  him  that  he  has 
discovered  something,  which,  erroneotisly  or 
otherwise,  he  conceives  to  be  a  conspiracy 
against  the  public,  and,  he  says,  go  to  a  magis- 
trate. 

Suppose  I  were  to  advise  any  man  who 
told  me  he  had  discovered  something  which 
he  thought  the  public  were  interested  in 
knowing ;  I  should  say,  I  am  busy,  I  am  no 
magistrate,  I  advise  you  to  go  to  the  secretary 
of  state,  and  tell  it ;  should  I  think  I  was  at 
all  brought  in  question  for  having  given  an 
advice  which  I  could  stand  to  in  the  face  of 
the  whole  world  ?  how  then  can  the  public  be 
affected  by  it,  if  I  was  to  go  on  to  ask  him 
afterwards,  who  is  that  fnend  to  whom  you 
made  that  communication  ?  If  it  were  not  for 
what  the  Court  has  already  pronounced,  I 
should  say,  that  the  same  argument  will  even 
go  frrtber,  namely,  that  i  f  I  were  to  call  upon 


813]  for  High  Treason. 

the  man  to  whom  he  made  the  communica- 
tion, I  could  not  extract  from  that  man  any 
thing  he  said,  but  I  could  ask  that  man,  did 
the  witness  make  the  communication  to  you  ? 
Suppose  the  witness  says,  I  communicated 
this  in  the  month  of  November,  1702,  to  Mr. 
Wliite,  the  solicitor  of  the  treasury,  should 
not  I  nave  a  rieht  to  ask  the  solicitor  of  the 
treasury,  whetner  that  fact  were  true  or  no  ? 
I  could  not  go  on  to  ask  Mr.  White  what  he 
did  communicate  to  him,  but  I  could  ask  him, 
whether,  in  point  of  fact,  he  did  communicate 
it  to  him  ?  And  if  he  were  to  say,  I  never  saw 
the  man  in  the  month  of  November,  1792,  at 
all ;  I  sot  the  communication  from  another 
channel;  I  never  saw  his  face  till  I  saw  him 
in  this  court,  would  not  that  shake  the  credit 
of  the  witness  with  any  man  of  understand- 
ine  ?    I  apprehend  it  would. 

It  seems  to  roe,  therefore,  with  the  greatest 
submission  to  the  court,  that  the  public  is 
guarded  by  that  distinction;  and,  in  the 
course  of  the  discharge  of  my  duty  at  the  bar, 
I  hope  I  shall  so  distinguish  the  cases,  that, 
in  preserving  the  lives  and  liberties  of  those 
who  are  to  be  tried,  the  law  and  constitution 
of  the  country  may  thrive  along  with  them ; 
and  they  never  can  tlirivc  unless  they  thrive 
together.  I  think  there  is  wholesome  justice 
ID  It.  All  I  propose  to  ask  this  witness  is  the 
first  question ;  I  cannot  ask  the  second,  be- 
cause  I  will  not  attempt  to  ask  what  the 
Court  has  decided  must  not  be  asked ;  I  sub- 
mit he  must  state  the  name  of  the  person  to 
whom  he  communicated  it ;  then  have  I  not 
a  right  to  subpcena  that  person  ?  I  will  then 
ask,  when  did  you  tell  it  him  ?  at  what  place  ? 
who  were  present  ?  Then  I  ask  that  person, 
i&  it  true?  But  if  I  were  to  ^o  on  farther,  and 
ask,  what  did  he  communicate  ?  in  order  to  i 
try  the  tnith  of  this  wrilintr,  there  your  lord-  I 
khips  would  stop  mc.  I  apprehend  that  is  the  ; 
dbtinction. 

Mr.   Gibbs. — I  submit    to    your  lordships 
whether  this  is  not  the  distinction:    That 
where  an  infornicr  in   the  Exchequer    pro- 
ceeds upon  an  information  of  facts — commu- 
nicated by  anotlier  person,  that  he  should  not 
be  called  upon  to  uisclose  the  person  giving 
him  the  information :  But  it  is  perfectly  new 
to  me,  I  confess.    I  have  no  doubt  it  is  my 
ignorance,  I  mean  blameable  ignorance,  be- 
cause  I  ought  to  be  belter  informed  in  my 
profession ;  but  I  never  have  met  with  an  in- 
stance in  which  it  has  been  objected  to  ask- 
ing a  witness,  upon  cross-examination,  who 
the  person  was  to  whom  he  communicated  a  | 
ikct  that  he  states,  because  it  happens  that  ; 
the  person  to  whom  he  did  communicate  that  ! 
lact,  did  advise  him  to  communicate  it  far-  ' 
ther  to  a  magistrate.    I  know  it  is  established  \ 
in  the  court,  in  which  your  lordship  long  . 
presided,  that  where  an  informer  has  commu- 
nicated iacii  to  a  person,  and  that  person  has 
IcUd  upon  tiie  coinmunicHtion  of  those  facts, 
they  cannot  ask  who  brought  those  facts  to 
his  knowledge ;  but  when  you  ask  a  witness 


A.  D.  1794. 


[814 


whether  he  has  communicated  it  to  any  other 
person,  and  he  tells  you  he  has,  whose  name 
tie  does  not  mention,  because  he  says  that 
person  advised  him  to  communicate  it  to  a 
magistrate.  I  think  it  never  has  been  held, 
in  a  court  of  justice,  that  that  was  an  objec- 
tion to  the  question. 

Lord  Chief  Justice  Eyre. — There  is  some 
doubt  in  the  court  how  the  fact  stands ;  whe- 
ther, in  consequence  of  tlie  first  advice  that 
he  received  from  his  friend,  he  aflerwarda 
disclosed  those  circumstances  to  the  same 
friend,  by  whom  he  supposes  it  to  be  commu- 
nicated regularly  to  some  magistrate ;  or* 
whether  he  applied  to  some  other  person.  I 
understood  him  that  he  applied  to  some  other 
person  himself. 

Lord  Chief  Baron  ilfac£/oaa/(/.— My  reason 
for  wishing  him  to  be  asked,  whether  the 
person,  to  whom  he  originally  made  the  com- 
munication, was  a  magistrate  or  not,  was 
exactly  upon  the  same  principle  as  my  lord 
chief  justice  now  states.  I  could  wish  it  to 
be  distinctly  known^  whether  the  person  to 
whom  he  first  mentioned  it  was  the  person 
who  communicated  it  to  a  magistrate,  or  a 
person  who  simply  advised  him  to  communi- 
cate it  to  a  magistrate. 

Mr.  Attorney  Genera/.— I  wish  to  have  it 
understood  that  the  objection  I  now  take  is 
this :  That  Mr.  Erskine  has  no  right  to  ask 
the  witness  who  it  was  that  advised  him  to 
give  the  information  to  a  person  who  stands 
in  the  situation  of  a  magistrate;  for,  I  say, 
the  person  by  whose  advice  the  information 
is  given,  is  to  all  intents  and  purposes,  the  in- 
former. I  wish  to  explain  myself;  who  this' 
person  was,  and  what  effect  it  may  have  in 
the  evidence,  it  may  be  impertinent  to  sug- 
gest ;  what  it  is  intended  to  prove,  really  I  do 
not  know;  but  your  lonlships  will  recollect  that 
I  stand  here  as  the  prosecutor  lor  the  public ; 
if  I  were  in  my  own  cause  I  could  sacrifice,  at 
my  own  pleasure,  principles  which  appear  to 
me  to  be  the  principles  of  public  justice ;  but, 
in  the  situation  in  which  I  stand,  I  do  not 
know  how  I  can  regulate  my  conduct  better 
towards  the  public,  and  towards  the  prisoner, 
than  by  acting  u|)on  the  principles  of^  law,  as 
I  understand  them,  admitting  at  the  same 
time,  that  no  man  is  more  likely  to  be  mis- 
taken :  but  this  1  will  say  distinctly,  that  I 
would  not  trouble  your  lordship  with  the  ob- 
jection that  1  am  now  suiting,  if  I  were  not 
perfectly  convinced,  upon  the  best  judgment 
1  can  form,  that  the  question  cannot  be  put 
to  the  witness ;  and  L  mean,  according  to 
my  duly,  and  with  very  humble  deference  to 
your  lordships,  to  beg  to  have  your  lordships* 
opinion. 

I  know  very  well  that  it  may  be  strongly 
argued,  as  it  is  very  strongly  argued  by  my 
learned  friends,  why,  how  are  we  to  find  out 
whether  a  witness  does  or  does  not  speak 
truth,  if  we  cannot  ask  him  this  sort  of  ques- 
tion— who  advised  vou  to  do  so  and  so  f  oup- 
poae  he  says  Mr.  White,  the  solicitor  for  the. 


8 15  J 


35  GEOKGE  III. 


Trial  of  Thomai  Hardy 


[816 


treasury,  should  not  I  call  upon  that  gcntle- 
aoau? — not,  says  my  learned  friend  (and  I 
wish  your  lordships  to  try  this  reasoning),  not 
to  abk  what  were  the  partiailarsof  the  com- 
Qiunication,  but  to  ask  the  fact,  whether-this 
person  did  or  did  nut  advise  with  him  in  the 
year  1792  ?  Nuw  wiiat  is  the  reason  that  you 
cannot  ask  the  particulars  of  the  advice  ?  the 
very  same  reason  why  you  cannot  ask  to  the 
fact,  whether  he  adviscnl  with  him  or  not, 
videlicet,  that-  in  the  ^iven  case  it  supposed  a 
principle  of  public  Justice,  wliich  overbalances 
Uie  private  mischief  that  happens  in  the  rase 
stated. 

Id  the  Court  of  Exchequer  it  unques- 
tionably happens  every  day,  that  a  witness 
says  I  received  an  information  that  there  were 
nm-goods  at  such  a  place,  I  went  there,  and 
found  them.  There  it  is  impossible  to  deny 
that  the  reasoning  is  just,  which  says,  that 
the  credit  of  a  witness  may  be  tried  bv  ask- 
ing him,  whom  did  you  receive  the  informa- 
tion from  ?  where ;  under  wlmt  circumstances  ? 
and  if  the  man  were  bound  to  answer  to  those 
questions,  and  he  had  spoken  falsely,  with 
respect  to  tiie  when  and  the  where  he  bad  re- 
ceived it,  or  under  what  circumstances,  if  it 
rested  upon  his  evidence,  when  you  had  fal- 
sified it  with  respect  to  the  preceifing  particu- 
iarsy  you  could  not  believe  him  as  to  tne  sub* 
sequent  particulars,  and  the  defendant  must 
be  acouitted.  N  obody  will  deny  but  tint  it  is 
a  hm  case,  but  it  has  become  a  settled  rule, 
because  private  mischief  gives  war  to  pnb- 
lie  convenience ;  and  it  is  an  hardship  whrch 
occurs  in  particular  cases,  in  consequence  of  the 
necessities  of  public  iustice. 

To  explain  myself— without  making  any 
prpfessions  respecting  my  own  conduct,  I 
might  fairly  say,  I  ought  to  have  my  gown 
stnpped  of}  my  back,  if  I,  acting  upon  any 
thing  but  conviction  that  I  am  rignt  upon 
principle,  and  a  principle  that  I  cannot,  in 
my  situation,  sacrifice — suppose  the  prisoner 
now  trying,  in  the  course  of  a  transaction  of 
that  kind,  wliere  the  consequence  of  his  being 
convicted  was  not  what  it  is  in  tliis  sort  of  case, 
but  that  which,  with  respect  to  his  pecuniary 
fortune,  would  ruin  him  over  and  over  again, 
the  abstract  justice  of  the  case  is  exactly  the 
same ;  and  yet  it  is  quite  clear  that  that  di- 
rect question,  who  gave  you  information,  in 
consequence  of  whicii  yuu  prosecute  for  those 
penalties  which  are  to  ruin  the  defendant  ? 
could  not  be  asked.  Then  I  ask  this,  whe- 
ther, in  common  sense,  and  upon  principle, 
the  man  who  advises  him  to  inturni,  is  not 
substantially  and  really  the  informcr~and 
whether  the  principle  of  law,  which  has  said 
that  you  cannot  ask  this  que>tiun,  l>ecause  the 
consequence  of  asking  the  question  will  be, 
that  those  who  may  not  have  nerves  so  strong 
as  my  friend  and  myself,  who  would  not  care 
a  farthing  if  our  names  were  mentioned ;  but 
great  numbers  of  persons  in  the  world  would 
not  choose  to  have  their  names  mentioned  on 
saich  occasions;   and  with  respect   to  UmI 


feeling,  call  it  fear,'  or  imprudent  reserve,  it 
is  a  substantial  principle  in  law,  that  a  man 
shall  not  have  his  name  disclosed. 

I  have  thought  it  my  duty  thus  to  state  the 
grounds  of  my  objection.  I  have  made  it, 
oecuusc  I  am  convinced  the  objection  is 
right;  when  I  state  that,  your  lordship  will 
easily  believe,  I  do  not  mean  to  contena  that 
it  is  right,  because  I  am  convinced  it  is  right, 
but  because  I  cannot,  I  think,  discharge  my 
duty  to  the  public  without  statine  my  objec- 
tion as  1  fool  the  objection ;  ana  in  cases  of 
this  great  weight  and  importance,  and  inde^ 
in  any  case,  I  do  not  know  how  the  attomey- 
-general  of  the  country  can  proceed  more 
safely  than  accordmg  to  his  own  notions; 
they  may  be  mistaken  ones,  but  according  to 
his  own  notk>ns  of  what  the  rule  of  justice  is. 

Lord  Chief  Juptice  Etfre. — I,  for  my  own 
part,  adhere  to  my  opinion.  I  think  we  must 
stand  upon  the  principle,  and  that  when 
wc  run  into  very  nice  distinctions  upon 
a  principle,  we  get  into  difficulties  fimn 
whence  I  never  know  how  to  disentangle  my- 
self, or  to  relieve  my  mind.  The  question  n, 
whether,  if  it  be  opposed,  any  of  the  channels, 
by  which  this  information  and  discovery  comes 
to  the  officers  of  the  crown,  should  be  unne- 
cessarily disclosed  ?  I  say  unnecessarilv,  be- 
cause it  is  no  part  of  this  fact  at  all  wbether 
this  man  did  or  did  not  mention  this  circuni- 
stance  to  this  friend  of  his,  or  whether  tho 
friend  of  his  gave  him  any  particular  adfice. 
The  only  way  in  wbich  it  is  permitted  to  be 
asked,  is,  be<^use  it  may  enablethe  defendant^ 
by  drawing  out  circumstances  collateral  to 
the  fact,  to  establish  a  contradiction  to  the 
witness  upon  those  collateral  circumstances 
and  so  to  affect  his  credit.  Now  that  woukl 
be  true  of  every  question  that  the  wit  of  man 
could  suggest;  yet,  undoubtedly,  there  are 
man^  questions  which,  even  upon  a  cross- 
examination,  a  counsel  is  not  permitted  to 
ask.  My  apprehension  is,  that  among  those 
questions  winch  are  not  permitted  to  be  asked, 
are  all  those  questions  which  tend  to  the  dis- 
covery of  the  channels  by  whom  the  discki- 
sure  was  made  to  the  officers  ofjustice ;  that 
it  is  upon  the  general  principle  of  the  conveni- 
ence of  public  iustice  not  to  be  disclosed;  that 
all  persons  in  that  situation  are  protected  from 
the  discovery;  and  that,  if  it  is  oDJeclnd  to,  it  is 
no  more  competent  for  the  defendant  to  ask 
who  the  person  was  that  advised  him  to  make  a 
disclosure,  than  it  is  to  whom  he  made  the  dis- 
closure in  consequence  of  that  advice — tlian  it 
is  to  ask  any  other  question  respecting  the 
channel  of  communication,  or  all  that  was 
done  under  it.  I  never  can  distinguish,  for  my 
own  part,  the  cases ;  if  my  brothers  are  sa- 
tisiiea  there  is  such  a  distinction,  I  shall  be 
glad  to  submit  to  their  opinion ;  but  I  think 
the  principle  extends  to  this  case ;  for,  un- 
doubtedly, an  immediate  answer  to  the  qiiei*' 
tion  puts  the  person  who  aave  this  advies^ 
into  tne  sttuation  deseribedoj  Mv.  AVIanner 
G«BBnl^of  bew^  in  sabsUmoe^  tbe  infiMnw' 


817J 


J^Y  High  Tfeason. 


A.  D.  1794. 


[818 


to  governmeRt  of  this  traosaction  which  this 
num  discloses.    I  am  of  opinion,  therefore, 
within  the  general  nile  npon  this  subject,  the 
question  ought  not  to  be  asked. 
Lord  Chief  Baron  Macdonald — It  seems 

?;ou  are  agreed  now  with  respect  to  this 
act,  namely,  that  the  person,  to  whom  the 
witness  says  he  made  Uie  first  disclosure,  was 
xieithcr  a  magistrate,  nor  any  person  con- 
cerned in  the  executive  government  of  the 
country,  and  that  from  that  |>erson  he  received 
advice  no  longer  to  apply  himself  to  him, 
because  that  was  of  no  use,  but  that  he 
aliould  apply  himself  to  some  person,  either 
Ib  a  magisterini  character,  or  m  some  way 
concerned  hi  the  governnieutof  the  country. 
There  is  no  rule  more  sacred,  undoubtedly, 
than  that  you  ought  not  to  ask  any  witness  a 
gueslion  by  which  it  shoukl  be  disclosed  to 
what  magistrates  or  officer  of  the  executive 
government  he  gave  communication;  and 
were  I  satisfied  that  the  friend,  to  whom  he 
disclosed  this  matter,  was  in  any  way  a  link 
ia  the  communication,  or  a  eliannel  tnilv  and 
substantially  in  the  communication,  I  should 
certainly  think  that  rule  applied  to  him.  On 
the  other  hand,  it  seems  to  me  that  upon  a 
cross-examination  it  is  material,  when  apcr- 
qon  at  a  distance  of  time,  gives  an  account  of 
transactions,  to  know  whether  it  was  then 
§Oi  the  first  time  that  he  gave  that  account, 
or  whether  he  gave  that  account  recently 
afler  the  transaction,  or  when  he  gave  it,  as 
that  is  a  matter  from  whence  important  in- 
ferences may  arise  for  the  defendant. 

I  think  tliat  that  micstion  should  be  asked, 
UBless  there  should  oc  a  verv  great  public  in- 
convenience on  the  oilier  side,, which  renders 
it  much  better  fur  public  justice  in  general, 
that  the  defendant  should  lose  the  benefit  of 
that  question.  In  the  )>articii]af  instance  it 
does  appear  to  me,  that  a  person  not  executing 
magistracy  is  in  no  situation  to  make  it 
danjgerous.  A  mere  private  person  simply 
nymg,  do  not  come  to  me,  but  go  to  some 
jterson  thai  can  be  of  use,  1  think— as  no  f)os- 
sible  disadvantage  can  arise  in  a  case  of  that 
kind — it  is  a  iair  question  to  be  a^ked,  in 
order  to  ascertain  how  a  matter  of  this  sort, 
alarming  him,  and  attracting  his  attention, 
was  or  not  revealed  by  him.  1  mean  to  draw 
the  line  distinctly  in  this  way,  that  this  person 
not  being  connected  either  with  magistracy, 
or  the  executive  government,  it  does  not  seem 
to  me^  in  point  ot  fact,  to  fall  within  the  rule, 
vhich  rule  I  hold  sacred. 

Mr.  Baron  Hot  hum, — ^The  witness  has  said, 
1)0  communicated  thio  to  his  friend,  under  an 
impression  and  lull  persuasion  tliat  through 
Um  the  intelligence  which  he  gave  was  to  be 
cpnveyed  to  a  magistrate ;  that  he  has  dis- 
tfictly  said.  Now  the  question,  as  it  seems 
to  me,  does  turn  upon  the  principles  of  public 
uliqy.  I  confess,  for  my  own  part,  that  upon 
thpM  principles  I  cannot  sec  any  distinction 
W|wecQ  making  a  disclosure  to  the  mafis- 
titt  J^ima^K  ox  making  it  to  any  person  who 


18  to' communicate  that  disclosure  to  the  magisr 
trate ;  the  principle  is,  that  public  justice  de- 
mands, in  many  cases,  that  sort  of  secrecy, 
without  which  government  could  not  be  car* 
ried  on.  There  are  many  cases,  we  all  know, 
where  it  is  of  the  laist  importance  to  us  all,  that 
such  secrecy  should  be  observed ;  and  it  is 
admitted  on  all  hands,  that  if  the  communica- 
tion is  made  to  a  magistrate,  you  shall  •  not 
oblige  the  witness  to  disclose  who  that  ma- 
gistrate is ;  that  is  for  the  purpose  of  public 
justice  to  the  country.  Now  here  this  man 
has  communicated  to  his  friend  for  the  pur- 
pose, and  under  the  persuasion  of  his  going 
direcUy  to  a  magistrate,  being  advised  by  him 
to  do  what  he  did.  I  cannot  myself^  I  confess, 
distinguish  the  situation  of  that  friend  from 
the  situation  of  a  common  informer— and  we 
know  very  well  that  it  would  not  be  permitted 
to  ask  that  question  of  him— here  I  consider 
this  (I  am  sorry  to  differ  from  my  lord  chief 
baron)  as  a  link  of  the  same  chain  ;  I  do  con« 
sider  that  it  makes  no  sort  of  difference  whe- 
ther tlie  intelligence  is  directly  conveyed  to 
the  magistrate,  or  by  more  indirect  means; 
the  purpose  for  which  it  is  disclosed  to  thi» 
man  is,  that  of  being  conveyed  to  tlie  magis- 
trate; and  I  think  upon  principle  that  public 
justice  would  be  defeated  if  such  a  thing  wa» 
allowed. 

Mr.  Justice  Bnller^ — Cases  have  been  alluded 
to  respecting  offenrescommitled  against  the  r#< 
venue  laws,  and  therefore  I  paid  the  utmost  at« 
tention  to  what  has  fallen  upon  this  subject 
from  my  lord  chief  justice,  my  lord  chief  bs^ 
ron,  and  my  brother  Uotliam,  because  th^  are 
better  acquainted  with  those  cases  Uian  I  am. 
The  principle,  as  taken  from  them,  I  should 
be  disposed  to  pay  the  utmost  deference  to,, 
and  I  think  I  do  not  differ  from  my  lord  chief 
justice  in  the  principle  he  has  laid  down: 
perhaps  in  the  a|>plication  of  it  I  shall  differ 
onlv  a  little,  and  I  fancy  my  brother  llothani' 
and  I  differ  in  the  application  of  the  law, 
rather  than  in  the  application  of  the  facts. 

My  lord  chief  justice,  and  my  lord  chief 
baron,  both  say,  the  principle  is,  that  the  dis^ 
covery  is  necessary  for  the  purpose  of  obtain- 
ing public  justice ;  and  if  vou  call  for  the 
name  of  the  informer  in  such  cases,  no  man 
will  make  a  discovery,  and  public  justice  will 
be  defeated.  Upon  that  gn)und,  therefore,  it 
is,  that  the  informer  for  the  purpose  of  a  pub- 
lic prosecution,  shall  not  be  disclosed.  This 
principle  goes  to  exclude  the  question  rcspecV- 
mg  the  second  person,  that  is,  the  person  to 
whom  the  witness,  after  having  consulted  his 
friend,  went  to  disclose  all  that  passed ;  but 
the  mateciai  thing  to  be  considered  here  is^. 
whether  the  witness  should  answer  the  first 
question.  Now  let  us  see  how  that  fact 
stands.  I  agree  witli  my  brother  Hotham^  if  a 
middleman  is  made  the  channel  of  communi- 
cation, he  ought  to  receive  the  same  proteo* 
tion  as  the  first  person  to  whom  it  is  men- 
tioned-; but  upon  the  fiict  of  this  cas(&  t  vikft< 
it  to  be  (\ui\A.v\lk^iv«\«ie^>)«(»»«^  >\\^  V\>»r»> 

3G 


819] 


35  GEORGE  HI. 


according  to  the  evideixie  he  has  given,  dbe^ 
not  coraniunicate  to  another  man,  for  the 
purpose  of  prevailing  upon  that  other  man 
to  go  to  a  magistrate  to  make  the  disclosure, 
but  consults  him  merely  in  the  character  of  a 

Srivate  friend,  reserving  in  his  owu  breast  to 
etermine  afterwards  whether  he  should  or 
not'make  that  discovery,  which  should  or  not 
draw  the  attention  of  any  person  in  office, 

Now  if  his  first  conversation  was  merely 
with  a  private  friend,  in  order  to  make  up  his 
mind'  whether  he  should  or  not  make  the  dis- 
covery to  some  person  aflerwards,  for  the  pur- 
pose of  inquh-y  or  prosecution,  and  reserving 
in  his  own  mind  whetlier  he  should  or  not 
follow  the  advice  of  that  private  friend,  it 
seems  to  me  the  case  is  different,  and  this  is, 
I  tliink,  an  answer  to  the  arguments  Mr. 
Attorney- general  has  used ;  he  has  ably  and 
ingeniously  put  it  upon  this  ground,  that  the 
person  who  gave  the  witness  the  advice  is,  to 
all  purposes^ to  be  considered  as  the  discoverer. 
I  cannot  ajgree  to  that,  because  it  never  was 
the  intention,  in  the  communication  made  by 
the  witness,  tliat  his  firiend  should  be  the  dis- 
coverer ;  he  only  asked  him  some  questions 
for  the  purpose  of  nmking  un  his  own  mind 
whether  he,  the  witness,  snould  make  the 
discovery  or  not ;  therefore  I  cannot  consider 
that  person  who  was  merely  consulted  as  a 
private  friend,  as  being  the  aiMM)verer.  My 
opinion  upon  the  whole  is,  that  he  ought  to 
answer  the  first  question,  but  not  the  second. 

Mr.  Justice  Grose,— In  this  case,  it  seems 
to  me,  that  we  all  agree  about  the  principle, 
the  question  is  who  is  right  in  the  ap- 
plication of  tlial  principle ;  for  wc  do  most 
perfectly  agree  in  this  principle,  that  the 
name  of  the  informer  is  not  to  be  di!>closed  : 
that  is  the  law  stated  ;  that  is  the  law  agreed 
and  argued  upon  by  the  counsel  on  both 
sides.  Then  the  question  in  this  case  is, 
whether  this  person,  whose  name  is  asked, 
is  to  be  considered  as  the  informer.  Now 
the  evidence  is  this;  I  consulted  with  a  friend, 
who  advijsed  me  what  to  do,  and  to  make  a 
report.  I  did  so,  and  I  have  done  it  from 
time  to  time.  Then  in  consequence  of  whose 
advice  is  it  that  this  is  done  ?  In  consequence 
of  this  man's  advicr,  whose  name  is  now 
asked.  if  it  is  in  consequence  of  his 
advice,  I  must  confess  it  docs  seem  to 
me  that,  essentially  and  substantially,  and 
according  to  every  idea  of  good  sense,  he  must 
be  considered  to  be  the  informer :  But  it  is 
very  tme  that,  perhaps  in  the  course  of  tliis 
investigation,  tne  name  of  some  other  person 
may  be  inquired,  whose  name  it  may  not  be 
GOmj)etcnt  to  ask,  and  the  reason  may  be  this, 
that  in  the  course  of  this  business  there  may 
be  more  informers  than  one,  and  the  same 
principle  that  applies  to  one,  will  apply  of 
course  to  the  others :  and  when  I  find  that 
the  evidence  is,  that  this  man  advised  the 
witness  what  to  do,  I  must  confess  that  the 
uritness  having  acted  in  consequence  of  that 
advice^  he  seeiDS  to  me  to  be  aa  eapentialllj- 


Tfktl  ofThonua  Hardy 

the  informer  as  asy  One  penon  €uibe  m.^iii 
case,  because  if  it  had  not  been  for  hit  edvke, 
non  contiat,  that  this  would  hftve  fteen  den^ 
I  therefore,  however  unwilling  I  em,  and  I  am 
always  exceedingly  unwilline  in  a  case  where 
lite  is  at  stake  to  shut  the  aoor  of  evidenee;' 
yet  where  a  point  of  great  constitntional  law. 
that  which  is  to  affe^  the  public  justice  of 
the  kingdom  is  hi  quesUon,  I  oMiel  decidb 
upon  it  as  my  conviction  tells  me  is  right,  at 
tlie-  same  time  lamenting  that  tliere  should' 
be  such  a  difference  in  tm  Court  as  theieis 
now,  becaase  I  am  very  willing  to  confess 
that  it  has  not  been  the  habit  of  my  mc- 
tice,  never  having  lat  in  that  coed,  where 
those  questions  most  frequently  arise,  to  ^ 
cide  upon  those  questions;^  but  however  the 
little  ability  I  have  I  must  emoloy  upon  the 
subject;  and  taking  the  rule  and  the  principle 
to  be  that  the  name  of  the  infonner  is  not  to 
be  disclosed,  I  can  only  look  to  whether  thia- 
person,  whose  name  is  referred  to,  is  the 
informer  or  not ;  he  appearing  to  be  essen- 
tially the  informer,  I  thank,  according  to  the 
nile  of  law,  the  question  ought  not  to  be  put. 

Mr.  Enkinc, — Did  you  communicato  any 
other  part  to  this  person  from  whom  you  re* 
ccived  that  advice  ? — No. 

Was  that  before  or  afUr  yon  had  been  aS 
the  society?— Afier. 

How  lone  after? — I  communicated  it  In  the 
month  of  October :  immediately  af\er  I  knew' 
that  there  were  societies  of  this  sort,  I  com-, 
municated  it  to  this  friend  of  mine;  he  is  x 
gentlemen  of  very  considerable  property— « 

Let  us  have  nothing  about  him.  Now  yov 
know  it  is  not  legal  to  name  him,  you  are 
going  to  give  ine  a  description  of  him?— 
His  advice  to  mc  was,  to  give  information  ; 
this  was  after  I  was  acouainted  that  there  waa 
such  a  society  as  the  London  Correspondifig 
Society ;  in  cons(K|uence  of  that  advice  I  gave 
information  immediately,  which  was  in  the 
same  month  of  October,  1T99,  and  I  continued 
it  to  the  month  of  February. 

Did  you  communicate  your  reports  io 
writing  from  time  to  time? — In  writing. 

Did  you  give  copies  of  them  ? — I  gavecopiest 

You  have  nothing  else,  have  you,  in  your 
book,  except  that  which  relates  to  this  bui^ 
ness?— I  do  not  immediately  recolleet— T 
believe  I  have  some. 

In  that  book  from  which  you  have  been 
reading  most  of  tlie  day  ? — ^I  have  two  of  tifem. 

Is  there  any  thine  tliat  relates  to  your  pri^ 
vatc  business  in  eithci  of  them  ? — I  have  some 
private  memorandums. 

Fold  thom  down,  if  they  are  loose ;  we  &Ck 
not  want  to  concern  ourselves  with  yom 
afi'airs,  or  any  thing  that  does  not  relate 
to  this  business.  Did  not  you  approprirti 
these  books  for  this  sort  of  infonnatloil)-«l' 
did.  -i ' 

What  leads  you  then  to 
there  are  any  otber  i^"**—  * 
other  businemi^*^' 
baoauMlA 


821] 


Jor  High  Treason* 


A.  D.  1794. 


[829 


fonutioD  from  different  gentlemen;  and,  oo 
CMJonally,  I  made  a  memorandum  of  that 
comrounicalion,  and  I  should  not  wish  for 
tliat  to  be  seen. 

.  Look  over  your  book. — It  is  impossible  for 
me  to  do  it  in  this  light ;  I  will  look  the  book 
over;  I  have  no  objection ;  I  will  eo  into  any 
Toom  and  look  it  over,  and  I  shall  give  you 
the  book  with  the  greatest  pleasure  imagio- 
abk. 

I  am  not  asking  any  &vour  of  you,  or  wbh- 
ing  for  anv  thing  that  I  am  not  entitled  to 
have. — I  do  not  wish,  by  any  means,  to  report 
any  thing  but  what  is  absolutely  the  fact; 
nor  would  I  wish  to  withhold  any  thins  that 
I  do  not  think  is  right  to  be  withheld.  I 
know  there  are  some  private  merooranduma, 
and  it  b  impossible  for  me  to  look  them 
Ihrougli  now,  while  I  stand  here. 

Then  take  those  out,  and  let  us  have  the 
bock  to-morrow.— *I  am  very  ready  and  wil- 
liiu;. 

Mr.  Mtarmey  Gcnerul. — ^You  will  attend  to 
Mrhat  the  gentleman  says?-— I  am  perfectly 
willing. 

Mr.  JSrsXrine.— You  have  some  papers  that 
are  not  mixed  with  any  thing  of  that  sort? — 
I  am  not  sure  that  there  are  no  memoran- 
diwie  of  that  kind  on  tliem. 

Was  it  the  custom  at  these  meetings  of  the 
Megtttes  of  the  Corresponding  Society  for  the 
members  to  take  notes  of  all  that  passed  ?— 
Hiat  was  always  a  regular  rule. 

For  everv  delegate  to  set  down  every  thing 
that  passed? — Sometimes  there  was  a  com- 
munication which  has  been  conceived  by  the 
chairman  not  proper  to  be  communicated  to 
the  divisions;  and  Marg,arot  has  said,  you 
must  not  communicate  tliis ;  and  as  to  this 
bode  that  you  are  asking  for,  the  delegates 
were  allowed  to  take  reports  or  information, 
whether  from  the  chairman,  or  any  of  the  de- 
legates, either  with  regard  to  a  letter,  or  anv 
oiher  matter.  The  chairman  has  said,  though 
you  are  informed  such  a  thing  has  been  wrote 
or  hat  happened,  tliough  vou  are  allowed  to 
lake  a  minuie  of  it,  we  tell  you  it  is  not  fit  it 
should  be  communicated  to  the  divisions; 
but  that  notes  were  allowed  to  be  taken  at  all 
limes  is  true. 

I  am  not  asking  what  was  allowed,  but 
whctlier  it  was  the  practice? — It  was  the 
practice  cveiy  night 

It  was  the  practice  for  other  members  to  do 
as  you  have  been  doing,  to  set  down  in  a 
Joose  paper,  or  in  a  (iook,  all  the  transactions 
that  tncn  happened  ? — It  was. 

And   the  substance  of  what  every  body 

iaid?-~I  have  heard  of  some  reports  made  by 

ether  people ;  this  circumstance  might  strike 

W|  and  another  circimi&tance  might  strike 

aBather,  which  I  might  not  take  particular 

I     nWmOt  think  it  worth  while  to  put  down. 

\  do  not  profess  that  what  you  have 

K^ CHPilar  account  of  the  most 

occurred:  but  that  they 

i  ilpitoUe /or  your  jNir- 


pose  to  set  down  ?--I  do  not  know  how  to 
axiswer  that  question,  as  you  put  it,  I  do  con- 
ceive that  a  delegate  being  sent  to  know  what 
business  the  society  was  transactinj^,  that  he 
should  take  the  best  account  of  it  that  ho 
possibly  could. 

That  was  vHien  a  man  was  really  a  dele- 
eate,  but  you  were  not  there  as  a  real 
oamdjidc  delegate,  but  for  the  purposes  of 
justice  ?— I  was  elected  a  delegate,  as  I  stated* 
m  the  beginning  of  Novcmoer,  1792,  and 
continued  so  till  Uie  month  of  June,  17 DS. 

I  do  not  seem  to  make  myself  understood ; 
did  you  set  down  every  thing  faithfully  that 
passed,  or  onlv  select  such  matter  as  appeared 
most  material  for  the  public  to  know? — I  put 
down  every  thing  I  p<Msibly  could ;  but  I  did 
not  put  down  every  thing  that  did  pass,  nor 
was  it  in  the  power  of  any  of  the  delegates  to 
do  so;  but  it  was  the  invariable  practice  of 
the  delegates  to  make  minutes  either  upon 
paper,  or  in  l)ooks,  for  the  purpose  of  commu- 
nicating wliat  had  been  transacted  at  the 
meeting  of  delegates  at  the  next  division,  at 
their  meetings,  on  different  nights,  from 
Thursday  to  Thursday. 

Then  those  are  the  very  reports  that  you  would 
have  made,  had  vou  been  bond  fide  a  delegate, 
and  doing  vour  duty  as  such  to  that  societv  k 
— I  made  these  notes  as  a  tt^Xlhon&fide  dele^ 

Skte  to  No.  S3. 1  made  those  reports  at  that 
vision. 

Have  you  been  in  no  other  way  of  dealing 
but  an  ironmonger,  and  in  tliis  commission 
way?  have  not  you  kept  a  china  shop?—* 
Never. 

Wlien  you  communicated  to  tliis  person, 
who,  you  thought,  would  go  and  communir  . 
cate  it  to  a  magistrate,  did  you  rest  satisfied 
that  j^our  friend  wonld  do  so ;  or  did  you  at 
any  time  go  to  a  magistrate  yourself? — I  in- 
formed you,  when  you  asked  ine  that  question, 
that  the  information  was  not  given  to  a  ma- 
gistrate :  I  told  you  that  it  was  by  Uie  advice 
of  a  friend,  who  coniirmcd  my  own  opinion, 
entertained  at  the  tirst.  When  1  found  thia 
societv  at  the  sign  of  the  Mansion-house,  it 
was  absolutely  necessary  it  should  be  known; 
he  recommended  me  to  that  quarter,  which 
quarter  I  was  persuaded  was  that  of  a  cerr 
tunty. 

Lord  Chief  Justice  l^^r«.— You  are  asked  a 
simple  qtiestion;  did  you  yourself  go  to  any 
magistrate? — I  went  to  no  magistrate;  but 
was  advised  to  go  to  another  quarter,  and  I 
went  to  tliat  quarter 

Lord  Chief  Justice  £yr«.— I  wish  you  would 
not  overpower  the  coun<»cl  or  me  with  word^. 
Vou  are  asked  a  simple  question,  whether  you 
did,  or  not,  go  to  a  magistrate  ?— I  did  not. 

Mr.  Erskine. — Did  you  learn  from  your 
friend,  whose  name  I  do  not  ask,  whether  he 
had,  in  point  of  fact,  laid  from  time  to  time, 
the  communications  before  a  magistrate,  that 
you  laid  before  him  for  that  pur^uM^.^V^^^ 
that  inforroaUofi  in>|MA^. 

Did  j^  dftUvfex  ^ous  tcY»Vb,  ^\fimxa»fc  ^^ 


995] 


35  GfiORGE  III. 


Tritd  of  Thomas  Hardy 


[82« 


time,  to  that  quarter ;  or  did  you  deliver  them 
immediately  to  some  magistrate  ? — ^I  sent  them 
to  that  quarter. 

When  you  say  that,  you  mean  you  sent 
them  to  that  person,  to  Whom  your  friend 
recommended  you  to  send  them  P 

Lord  Chief  Justice  Eyn?.— He  never  said 
.that  his  friend  advised  him  to  a  particular 
person ;  if  he  did  I  have  mistaken  him. 

Mr.  UrffeiTie.— Did  your  firiend  advise  you 
to  lay  them  before  a  particular  person  ?— He 
recommended  me  to  a  particular  quarter. 

A  quarter ;  was  it  a  man  or  a  woman  \ — 
That  I  cannot  answer. 

Mr.  Erskine, — ^Not  whether  it  ^as  a  man 
or  a  woman. 

Lord  Chief  Justice  Eyre. — Certainly  not 

Mr.  Erskine.-^Vfz^  it  to  any  particular  per- 
jBon  that  you  were  advised,  by  your  friend,  to 
tnake  this  communication  or  did  he  only  ad- 
vise you  generally  to  make  this  communica- 
tion, to  somebody? — ^The  best  way  of  expla- 
nation is  to  say,  that  the  person  he  recom- 
mended me  to,  recommended  mc  to  a  third 
person,  and  to  that  third  person  I  gave  the 
information,  and  continuea  it  all  me  way 
through. 

Mr.  Justice  Buller. — Mr.  Erskinc,  you  can- 
not pursue  that  question  farther. 

Mr.  Enkine. — How  long  was  it  after  the 
time  wlien  you  were  tried  and  acquitted,  be- 
fore you  came  to  the  society  again  ? — I  at- 
tended the  society  all  the  way  through,  though 
not  a^  a  delegate — I  was  a  delegate  to  Febru- 
ary, 1701. 

1  observe  you  do  not  take  down  who  it  was 
tliat  made  use  of  any  particular  expressions  ? 
—In  the  course  of  the  memorandums  that  I 
have  made,  1  have  got  names. 

I  know  yo\i  have — in  general  in  your  book 
you  do  not  profess  to  have  taken  down  the 
i¥onls,but  only  the  substance? — Yes. 

If  a  person  delivered  any  opinion,  which 
opinion  might  be  at  some  length,  you  made 
the  best  abstract  of  it  that  you  could,  merely 
to  say  that  that  was  his  opinion  or  his  argu- 
ment?— It  is  so;  names  are  put  to  some,  and 
sot  to  others. 

If  any  individual  reported  a  paper,  made  an 
observation,  or  made  an  arcument,  you  took 
down  just  an  abstract  of  that,  in  your  own 
language  ? — I  did. 

Were  they  taken  down,  bona  fide  to  be  re- 
ported as  a  delegate,  or  were  they  .they  taken 
down  for  the  purpose  for  which  we  have  had 
thcin  here.? — 'V\\cy  were  taken  down  for  the 
purpose  of  reporting  as  a  delegate,  and  for  the 
other  purpose  too. 

Then  it  was  perfectly  bonAfiJe,  with  rcganl 
to  the  society,  and,  at  the  bame  time,  bona 
fide  with  regard  to  the  public?—  Just  so. 

Have  you  made  any  alteration  in  your  mi- 
mites  since  the  time  you  made  them  ? — I 
liave  not ;  but  1  was  going  to  say  this,  there 
«re  some  private  memorandums  that  are  In 
this  book,  which  do  not  belong  to  the  society; 
Ihose  private  meziiorandtims  are  wrote  «l  uift 


back  of  the  society's  minutes;  those  9re  socli 
as,  I  think,  it  wotild  be  very  impropor  for  me 
to  deliver  up,  and  therefore  I  wish  to  know 
what  I  am  to  do  in  that  case. 

Cannot  ]^ou  paste  somethine  over  thtm  f-— 
I  could  do  it,  it  I  were  allowed  time. 

Lord  Chief  Justice  Eyre, — It  is  alwt^ 
usual,  and  very  reasonable  it  is,  when  a  wit- 
ness speaks  mm  memorandums,  that  tbtf 
counsel  should  have  an  opoortunity  of  looldng 
at  those  memorandums,  wnen  he  is  cross-e&- 
amming  that  witness.  If  there  is  any  thing 
that  you  say,  upon  your  oath,  does  not  relate 
to  that  subject,  but  some  other  subject,  to  be 
sure  it  is  impossible  that  it  could  be  asked, 
that  tliat  should  be  seen ;  how  to  arraop 
that  in  a  very  long  evidence,  like  this,  is 
among  the  difficulties  of  so  extraordiuarr  a 
case  as  this  is;  we  must  struggle  with  it  as  well 
as  we  can ;  whenever  you  are  at  leisure  to  ^ 
through  the  subject  with  him,  if  he  hoMs  bis 
papers  in  his  hands,  you  can  ask  him,  as  to 
nis  minutes,  if  they  could  be  separated  by 
pasting  over,  or  if,  with  safety,  by  obliterat- 
ing those  parts 

J.ynam, — I  could  obliterate  them  with  a 
pen  and  ink,  but  there  is  no  erasure,  to  my 
knowledge,  as  they  stand  now. 

Lord  Chief  Justice  Eyre. — Could  you  obli* 
terate  those  memorandums  which  concern 
other  people,  with  a  pen  and  inkl*— I  could. ' 

Lord  Chief  Justice  Eyre. — Have  you  any 
objection,  Mr.  Erskine,  to  his  obliterating  his 
other  memorandums  with  ink,  you  inquiring 
of  him,  upon  oath,  whether  he  has  obliterated 
any  of  those  articles  to  which  he  spoke,  when 
he  i^ave  evidence  ? 

Mr.   Enkinc. — None. 

Lord  ('hief  Justice  Eyre. — In  a  common 
case,  it  is  the  usual  course,  for  the  counsel  to 
take  the  memorandums  in  his  hand,  for  the 
cross-examination,  but,  in  this  case,  I  do  not 
see  how  it  is  possible  to  do  this{  this  is  a  his- 
tory', an  important  and  material  history,  to  be 
sure,  of  the  dift'erent  branches  of  this  society 
as  it  is  formed  into  divisions,  acting  by  com- 
mission of  delegates  for  the  whole ;  and  it  has 
so  happened,  tnat  here  are  the  transactions 
both  of  the  divisions,  and  of  the  delegates, 
that  are  now  laid  before  the  jury  ;  of  course  it 
must  run  into  great  length ;  I  cannot  say  into 
more  length  than  its  importance  requires ;  we 
are  ready  to  do  all  that  we  can  to  assist  you, 
consistently  with  not  obliging  him  to  discover 
what  docs  not  relate  to  this  cause. 

Mr.  Erskine. — .Am  I  to  understand  you 
(and  this  is  the  only  question  I  shall  put  till 
I  see  these  minutes)  do  you  mean  to  re-swear 
that  what  you  have  read  to-day,  as  minules 
taken  at  the  time,  are  the  same  minutes 
which  you  would  have,  bona  Jide^  taken  u  a 
delegate,  had  you  not  had  this  other  "^^^ 
which  you  have  before  descrilM^*^* 
swear  that.  -     -• ' 

And  the  other  del-*^ 
of  taking  similar'^ 


I 


825] 


jfor  High  Treason* 


A.  D.  1794. 


[885 


him  to  say,  that  he  did,  in  fact^  make  his  re- 
ports from  tliese  minutes;  if  he  did  not 
make  his  report  to  the  division  from  these 
minutes,  he  must  have  had  another  set  of 
notes,  fur  tie  must  have  made  some,  from  the  j 
nature  of  the  thing;  for  they  were  to  report 
to  the  division  every  thing  that  passed  among 
the  delegates,  that  did  not  come  under  the 
liead  of  secrecy,  on  tlie  next  day  of  holding 
that  division  meeting;  therefore  it  must  be 
from  some  materiab;  consequently,  if  he  has 
dealt  fairly  with  us,  these  are  the  minutes. 

Mr.  Erskine. — I  shall  only  desire  to  look 
at  them  in  the  morning ;  perhaps  I  shall  not 
put  any  ouestions. 

Ix>rd  Chief  Justice  Eyre. — ^I  should,  if  I 
were  in  his  case,  put  the'book  into  your  ham], 
without  any  difficulty,  stating  the  parts  tliat 
do  not  relate  to  this  cause; — then  he  will 
take  his  minutes,  and  obliterate  those  parts 
that  do  not  relate  to  this  cause  against  to- 
morrow murning. 

Mr.  Maclean  called  again. 

Mr.  Attorney  Genera/.— Did  you  find  that 
paper  [showing  it  to  the  witness!  anywhere? 
•—Yes;  I  founuit  in  tlie  house  or  Mr.  Adams. 

[It  was  read.] 

Extract  of  a  Letter,  dated  ShcfTield,  ISth  of 
October,  179'2,  signed.  <<  The  Editor  of  the 
Patriot,"  addrcHsed  to  Mr.  Andrews,  secre- 
tar>'  to  the  Society  of  the  Friends  of  Univer- 
sal'Peace,  and  tli'c  Rights  of  Man,  at  Stock- 
port 

"It  only  remains  then  for  ii«,  seeing  the 
great  and  mnumcrable  difficulties  we  have  to 
encounter,  to  cubt  about  for  the  most  likely 
and  proper  ineaus  and  weapons  by  which  to 
defend  ourselves,  and  to  forward  and  support 
such  meaMirch  as  it  may  be  necessarj'  to  pur- 
sue ;  and  on  this  head,  my  good  sir,  permit 
roe  to  impress  it  on  the  minds  of  your  society, 
that  reason,  imperial  reason,  must  ever  be  our 

fmcralissimo,  or  commander  in  chief;  when 
say  this,  I  beg  leave  to  add,  tiiut  art  must 
be  second  in  command  ;  by  the  word  *  art,' 
I  do  not  mean  cratt  or  cunning,  but  that 
mode  of  application  of  onr  reason  and  argu- 
ments on  (iiflorcnt  men,  and  on  dillcrcnt  oc- 
casions, which  only  a  ronsidcrable  degree  of 
study,  and  practical  know lciir;e  also,  of  men  | 
and  manners,  can  ever  furnish  us  with,  so 
as  to  make  us  proficientir. 

"  Allow  me  then  to  observe  to  you,  sir, 
that  I  perfectly  coincide  with  you  in  opinion, 
with  regard  to  the  dirtfrent  societies  appoint- 
ing delegates  to  go  into  the  different  villagjes, 
and  country  places,  for  the  purpose  of  m- 
ibitaine  their  minds,  and  ruusuig  them  from 
the  letnarcv  in  which  they  seem  plunged.    I 
Ittte  alresSTy  communicated  the  same  idea  to 
'  ''^"^don  Constitutional  and  Corresponding 
■^  ^^  those  of  Norwich  and  Man- 
will  aoon  be  universally 
^^iriDd  abject 


to  be  attended  to,  on  this  head,  is  the  choice 
of  men  to  be  appointed;  a  neglect  of  this 
kind  had  like  to  have  had  very  awkward  con- 
sequences in  this  neighbourhood^  and,  if  not 
immediately  checked,  would  have  injured  the 
cause  of  treedom  very  greatly;  infinite  care 
and  circumspection  willthenTfore be  necessary 
on  this  head. 

"  As  I  am  on  the  subject,  permit  me  to 
suggest  to  those  members  of  your  society^ 
who  may  undertake  this  arduous,  but  ho- 
nourable and  praise- worthy  task,  that  they 
cannot  be  too  cautious  in  their  mode  of  pro- 
ceeding. The  minds  of  men,  for  the  wisest 
and  t>est  purposes,  are  formed  by  the  great 
Creator  as  various  and  unlike  each  other  as 
their  faces,  and  their  passions  reign  over  each 
with  the  same  uncertain  and  variegated 
sway:  and  in  the  same  manner  that  sir  Ro- 
bert Walpole  (one  of  the  elders  and  fathers 
of  corruption)  very  justly  observed,  that  every 
man  has  his  price  in  the  way  of  being  bought; 
so  we  may  fairly  apply  the  same  maxim  to 
mankind  in  general,  in  the  article  of  persua- 
sion, and  the  dextrous  method  of  bringing 
them  from  wrong  opinions  they  may  Jiave 
formed,  or  prejudices  they  may  have  imbibed, 
by  an  attentive  observation  of  then-  intellectual 
faculties,  and  that  leading  passion  of  the  soul 
which  governs  the  main  spring  of  their  most 
material  actions.  For  example,  the  generality 
of  farmers  in  this  county  and  Lancashire,  arc* 
as  ignorant  as  the  brutes  thev  ride  to  market, 
and  so  absorbed  in  the  sordid  idea  of  getting, 
that,  provided  they  can  keep  up  the  prices  ot 
grain,  cattle,  &c.  so  as  to  answer  their  land- 
lords, and  pay  their  taxes,  however  enormoui-, 
they  are  too  sluggish  and  indolent  to  think 
about  refornis,  or  any  thing  of  the  kind,  yrf 
there  is  one  string  about  their  hearts  which, 
being  skilfully  touched,  will  make  them 
dnnce  to  any  time,  and  move  to  any  measure. 
This  is  the  subject  of  tythes ;  and  why  docs 
it  touch  them?  Why  sir?  Because  it  i«. 
within  the  scope  of  their  limited  capacity. 
Ignorant  as  they  are  in  other  matters,  they 
see  and  piingently  feel  the  weight  of  this 
baneful  and  unjust  devourer  of  all  their  im- 
provements in  agriculture  and  husbandn- : 
and  I  believe,  did  evei^  tax  operate  in  the 
same  visible  degree  which  this  imposition 
does,  I  fear  there  would  be  an  end  to  the  idea 
of  taxation  br:ing  submitted  to  at  all.  Indeed, 
as  taxes  are  laid  on,  at  present,  by  those  who 
do  not  represent  us,  the  taxation  is  neither 
more  nor  less  than  a  robbery ;  a  submission 
to  it,  slavery. 

*•  IJut  to  n;turn  to  niy  subject.  In  the 
same  manner  that  a  farmer  may  be  roused  by 
the  mention  of  tythes,  the  shoemakers  may 
by  the  excessive  dearness  of  leather,  the  inn- 
keeper by  the  numerous  and  unnecessary 
standing  army,  and  all  by  a  temi^eratc  and 
dispassionate  relation  of  the  immense  num- 
lier  of  sinecure  places,  and  uscIcrh  o^^kk^^'^vcw 
which  the  cormi^V  ^n^  i^xw^VwwV^  SaNtsrazcvVKb^ 
agenU,  Wii&  de^tt^vAft  «i^  XVtfi  tv^  ^»^  ^**^ 


827] 


35  GEORGE  ill. 


not  in  the  spoils  and  plunder  wrested  from 
the  sweat  ot  the  brow,  and  continual  labour 
of  the  body  of  the  husrandman,  the  mecha- 
Hie,  the  labourer,  and  the  artificer.  It  is  by 
no  means  a  difficult  matter  to  raise  general 
indignation  at  the  idea  of  so  small  a  compa- 
rative number  of  useless,  idle,  and  proAi^te 
<hroneSy  suckine  and  squandering  away  the 
honey  produced  by  such  immense  numbers 
of  hara-toiling  and  industrious  bees.  If  you 
(for  I  am  certain  vou  will  be  one  of  the  most 
active  of  these  delegates)  meet  with  men  who 
have  violent  prejumces  in  favour  of  any  abuse 
or  party,  never  attack  those  prejudices  directly, 
ibr  that  will  only  inflame  and  confirm  them 
tlwmore;  pass  them  over  fur  the  present, 
and  engage  their  attention  towards  something 
else,  in  which  thej^  will  listen  with  a  less 
<k^j(ree  of  apprehension  of  being  attacked  in 
a  tavourile  point;  once  gain  their  good  opi- 
nion,  and  open  their  eves  to  one  evil,  they 
will  be  more  ready  to  hear  you  on  others; 
till,  at  Ust,  the  favourite  object  by  which 
their  eyes  were  jaundiced,  will  appear  in  its 
true  colours,  and  fall  before  your  arguments 
like  all  the  rest. 

**  There  is  one  thing  above  all  others  which 
fequires  to  be  particularly  attended  to,  and 
that  is,  to  endeavour  to  undeceive  the  mass 
of  peonle,  with  resi>ect  to  those  falsehoods 
which  have  been  industriously  propagated  bv 
the  enemies  to  a  reform,  in  order  to  blind, 
^lude,  and  terri^.all  ranks  of  people  who 
are  any  way  independent,  or  possessed  of 
propcrtv.    One  of  these  falsehoods  is,  "  that 

*  the  advocates  of  reform  wish  to  introduce  a 
'  levelling  scheme,  or  an  equal  partition  of 

*  property,'  This  alarms  the  fanners,  and 
indeed  all  classes  of  men,  who,  by  their  in- 
dustry, or  other  adventitious  circumstances, 
arc  possessed  of  the  goods  of  this  world.  So 
many  vile  ministerial  prints  as  have  propa- 
gated this  doctrine,  aiaed  and  assisted  by  the 
f  rivate  representations,  or  rather  misrepre- 
sentations, of  the  clcr^,  and  other  tools  of 
covcmment,  and  of  privileged  orders,  have 
had  a  very  wonderful  and  baneful  effect  on 
the  multitude,  and  have  stamped  a  dread  of 
reform  on  the  minds  of  many  tliat  I  know, 
whose  situations  in  life  would  induce  one  rea- 
sonably to  suppose  it  impossible,  so  com- 
pletely to  impose  upon  them ;  however,  it 
always  has  been  the  ca.se,  that  falsehoods, 
boldfy  uttered,  may  prevail  tor  a  time,  but 
must  be  overwhelmed,  in  the  end,  by  the 
bright  and  sacred  energies  of  truth. 

**  To  explain  this  matter,  and  many  others 
properly,  will  require  ^eat  coolness,  modera- 
tion, and  patience.  I  nave  found  the  follow- 
ing method  answer  best:  *  Do  you  know 
'such  a  gentleman?*  naming  simie  one  of 
large  property  and  good  character  in  the 
neighloumood,  who  is  known  to  be  a  friend 
to  a  reform ;  '  Yes.' — '  Well,  and  do  you  sup- 
'  pose  that  he  would  promote  a  scheme  that 
'  would  occasion  and  oblige  him  to  part  with 

*  property  he  poaaesees,  in  order  for  it  to  bedi- 


Trial  of  Thomas  Hardi^  [888 

*•  vided  anoongst  strangers  whom  he  never  atw 

<  or  heard  of  P  <  No.'-^«  Why  then  should  you 
'  suffer  yourself  to  be  imposed  on  by  tudi  Hi 
^  idle  tale  fabricated  and  calculated  for  the 
'  purpose  of  raisins  a  dread  in  you  tgainM 
'  those  more  enlightened  of  your  fellow-citi- 

*  zens  who  wish  (or  a  reform,  as  you  wouUi 
'  did  you  see  its  necessity ;  a  dread  which 

*  n)ay  cause  ^rou  to  shut  your  eyes  upon  op. 

*  pressive  excise  and  game-laws,  eioibitaal 

*  tythes,  an  unnecessary  standing  army,  kept 

*  on  foot  at  the  expense  of  two  millions  vdA% 
'  half,  for  the  purposes  of  influence  and  cor- 
'  ruption ;  a  pensioi>-list,  which  is  a  disgrtce 
'  to  the  government,  and  a  stigma  and  re- 
'  proach  on  the  spirit  and  prudence  of  the 
'  nation ;  sinecure  places,  for  the  mere  pos« 
'  sessing  of  which,  hundreds  of  indtvidnalt 
'  receive  thousands  a  year  each,  for  doing 

*  nothing  at  all^  either  for  the  public  serrioe 
'  or  their  own ;  m  short,  such  an  enonnaoi 

*  accumulation  of  taxes,  and  so  prodigal  an 
'  expenditure  of  their  produce,  as  no  natbo 
'  on  the  earth  ever  heard  of  or  sfubmitted  to 
'  before.    To  make  you  shut  your  eyes,  and 

<  continue  blind  to  these  enormities,  tho^ 

*  idle  and  futile  tales  are  villanously  dispersed 
'  abroad ;  but  believe  them  not,  consult  your 
'  own  reason,  and  it  will  show  you  that  there 
'  is  a  palpable  lie  on  the  face  of  every  one  ^ 

*  them  ?*  Then  explain  the  nature,  aim,  and 
end  of  your  society,  invite  them  to  attend  it, 
and  to  judge  for  themselves  :  If.  they  do  so, 
they  will  soon  aid  and  assist  you,  by  adopting 
similar  ones  in  their  several  neighbourhoods, 
till,  in  time,  they  will  overspread  the  whole 
surface  of  this  sea-girt  isle. 

'*  At  present,  sir,  I  will  not  trouble  yo«i 
further  on  the  siihiect,  which  1  now  quit  to 
return  to  the  conduct  and  regulation  of  your 
own  society,  and  all  others  which  may  arise 
hereafter ;  and  as  to  them,  I  think  the  inn- 
keepers in  Stockport,  Manchester,  Arc.  have 
given  you  a  hint  and  lesson,  for  which  you 
ought  to  esteem  yourselves  for  ever  obliged 
to  them.  1  own  their  insolence  and  airaa- 
city  in  proceeding  as  they  have  done,  is  be- 
yond example,  but  only  deserving  of  con- 
tempt ;  as  such,  leave  them  to  themselves ; 
public-houses  were  never  worthy  of  receiving 
such  guests,  whose  sacred  and  importaot 
duty  require  and  demand  to  be  performed  in 
mansions  more  dignified  and  respectable; 
your  meetings  should  be  at  the  houses  of  one 
another  in  honourable  rotation  ;  and,  to  pre- 
vent inconvenience  from  too  great  a  numher, 
not  more  than  ten  or  twelve  at  the  most 
shotdd  compose  a  primary  or  district  meet* 
ing ;  more  members  may  be  admitted  in  each 
district,  till  they  reach  twenty  or  twenty*  four 
according  to  the  number  fixed  on — but  then 
immediately  should  divide  into  two  district 
meetings;  the  several  districts  ahoukl  aend 
each  one  member,  by  election,  to  a  meetiof 
of  delegates,  and  this  meeting  of  delegaua 
should  elect  out  of  their  own  oody  a  cerlail 
numberj  which  ia  to  compoae  a  mImI  )D|j 


829] 


far  High  Treason. 


A.  D.  1794. 


[8S0 


tiattee ;  this  select  committee  to  manage  the 
correspondence,  and  every  other  important 
concern  for  the  whole  of  the  diBtricts  in  any 
town  or  parish,  suh^ct  always  to  the  revision 
and  approbation  of  the  districts ;  the  dele- 
giates  and  select  committee  to  be  chosen  only 
fur  a  itniitcd  time,  before  the  expiration  of 
\C'hich,  others  to  be  elected  as  before,  from 
the  districts,  to  supply  tlieir  places,  b^  which 
rotations  every  member  would  in  time  be- 
come qualified  to  be  a  delegate  and  a  select 
committee-man,  though  be  might  not  be  so  on 
his  first  entrance  as  a  district  member.  These 
are  only  hints  on  which  you  may  improve  or 
ftdlarge  as  much  as  you  please." 

Mr.  Aitam^  Genera/.— We  will  now  read 
ft  drail  of  an  answer  to  this  letter,  which  was 
found  likewise  in  the  possession  of  Mr. 
AdbflM ;  it  has  no  date ;  it  has  two  hand- 
«ifritin{;s  in  it ;  I  may,  perhaps,  trouble  your 
lordships,  in  the  course  of  tnis  cause,  with 
evidence  to  prove  whose  hand-writings  they 
sre,  but  that  is  not  necessary  to  enable  me  to 
cead  it ;  I  wish  to  draw  your  lordships  atten- 
tion particularly  to  the  two  last  paragraphs. 

Mr.  Jlflc/ean* — i  found  this  paper  at  Mr. 
Adams*8  house. 

[It  was  read.] 

«*  Gentlemen  ;— The  Society  for  Constitu- 
tional Information  have  been  favoured  with 
two  letters  bearing  tlie  signature  of  the  editors 
of  the  Patriot.  The  first  of  these  letters,  dated 
June  11th,  related  particulars  concerning  the 
|Hiblication  called  the  Patriot,  accompanied  by 
some  of  the  first  numbers.  It  rei^uired  our 
opinion,  and  our  public  approbation  of  the 
work,  with  hints  for  its  continuance.  It  like- 
wise narrated  several  interesting  particulars^ 
relative  to  the  friends  and  foes  of  lioerty,  their 
various  habits  and  propensities,  and  added 
conjectures  on  the  means  bv  which  tliosc 
habits  and  propensities  might  be  turned  to  tlie 
advantage  of  freedom. 

"  The  second  letter,  dated  October  15,  con- 
sisted of  a  complaint  of  neglect  on  the  part  of 
our  society,  a  farther  statement  of  facts  simi- 
lar to  those  contained  in  the  first  letter,  and 
an  account  including  letters  of  the  proceed- 
ings of  a  society  at  Stockport. 
■■•^  Ail  these  letters  liave  been  read  by  the 
society  for  Constitutional  Int'ornmtion ;  and 
the  manly  spirit  in  which  they  were  con- 
ceived, their  honest  zeal,  and  the  love  of  free- 
dom by  which  their  authors  were  animated, 
were  highly  grateful  to  that  society.  It  was 
no  feeling  of  superiority,  no  intentional  disre- 
Mcct,  and  assuredly  no  wilful  mark  of  insult, 
that  occasioned  the  silence  of  the  society.  We 
were  required  to  peri'orm  tliat  of  which  we 
w«re  uicapable ;  to  )>a8s  judgment  on  a  pub- 
lication which  none  of  us  had  read,  and  to 
correspond  with  persons  in  tlic  dark,  who  h:id 
not  thought  fit  (for  reasons  which  they  no 
doubl  held  to  be  prudent)  to  trust  us  with 
Ihdr  names.    Wliat  cam  be  dq^e?    We 


admired  both  the  talents  and  the  intention  of 
our  correspondents  (or  correspondent)  '^  but 
we  are  simple,  honest  men,  wanting  the 
priestly  sift  of  intuition,  and  could  not  predi- 
cate gooQ  or  ill  of  that,  of  which,  not  having 
read,  we  could  have  no  knowledge.  Sevenu 
weeks  passed  away,  and  still  the  members 
could  give  no  opinion  of  the  Patriot ;  for  men 
must  individually  act  by  their  own  judgments; 
it  is  the  very  essence  of  freedom  thai  they 
slioukl  be  \e\\  thus  to  act ;  they  will  read  the 
book  first  that  liappens  most  to  attract  their 
notice ;  and  you,  gentlemen,  are  too  libef  a), 
too  just  and  too  manly,  to  require  them  to 
approve  what  they  had  not  read,  however  de- 
serving thev  might  suspect  it  to  be  of  appro- ' 
bation.  Of  tlie  purport,  however,  of  your  ui^ 
dertaking,  the  ardour  with  which  it  is  con- 
ceived, and  the  perseverance  with  which  if 
appears  to  be  pursued,  the  society  finds  no 
hesitation  in  both  approving  and  applauding 
roost  zealousl;^. 

"  You  candidW  ask  the  society  for  hints  ; 
but  the  detail  ofyour  letters  convinces  us  yoti 
arc  yourselves  proficients.  Honest  men,  howw 
ever,  advise,  asked  or  not  asked,  whenever 
they  imagine  that  by  advising  they  can  do 
good.  Perhaps,  gentlemen,  you  may  have 
read  and  remembered  a  publication^  by  the 
late  father  of  Ids  country,  I>r.  Franklin,  called 
poor  Robin's  almanack  ;  in  which,  with  cha- 
racteristic simplicity  of  language,  he  descended 
to  the  feelings,  wants  and  understandings  of - 
the  lower  order,  and,  in  proverbial,  iocular 
wisdom,  conveyed  truths  to  tnem  of  the  highest 
importance,  truths  that  prepared  them  for  the 
sublime  efforts  to  which  they  were  soon  to  be 
roused ;  truths  that  led  them  onward  to  the 
avenues  of  freedom,  while  their  sight  was  too 
feeble  to  endure  the  splendor  ofthe  temple 
itself.  A  certain  number  of  such  proverbial 
axioms,  which  men  of  your  genius  would 
easily  invent,  arranged  at  the  beginning  or 
end  of  each  ofyour  publications,  and  appeal- 
ing to  the  real  wants,  grievances,  and  affb«- 
tions  ofthe  people,  of  which  you  appear  to  be 
perfectly  masters,  could  not  fail  of  producing 
an  effect. 

"  We  rejoice  with  you  in  the  increase  of  the 
members  and  societies  of  freedom :  our  bosoms 
glow  with  the  same  sentiments.  We  are  bro- 
thers in  affection,  witli  you,  with  the  freemen 
of  Sheffield,  of  Stock|K)rt,  and  of  the  whole 
world. — Frceduni,  though  an  infant^  makes 
herculean  efforts ;  and  tlic  vipers,  anstocracy 
and  monarchy,  are  panting  and  writhing 
under  its  grasp.  May  success,  peace,  and  hap- 
pine!».s  attend  those  efforts. 

'<  Permit  us  to  add,  tlvat  the  Society  for 
Constitutional  Information  will  gladly  receive 
or  coiniimnicate  intelligences,  and  for  that 
purpose  be  happy  to  correspond  either  with 
other  societies  or  with  individuals,  that  make 
the  great  and  common  cause  of  an  equal  and 
real  representation  of  the  vjeo^le  v^ynKVAif- 
mcnt,  and  U\c  oV\\et  ^T2kXv\  wi^cx*  ^^Sx^«^'Wi'» 
llieir  end.     lu\Lot\\\«i\v)Vi  om  vwiN\  ^>io^«\'^^ 


831]         35  G£ORGE  III. 

>\il1,to  this  society,  at  all  times,  be  peculiarly 
acceptable  and  gratifying." 


Joh  H  Coo/es  sworn — Examined  by  Mr.  Attomcin 
GenerAi, 

You  are  vcy  deaf,  I  believe ;  are  not  you  ? 
-rYes. 
Do  you  know  one  Franklow  ? — Yes. 
Were  you  apprentice  to  bim  ? — Yes. 
Where  did  he  iiveP^No.  1,  China-walk, 
I.ambeth. 

How  long  did  you  live  with  him  ? — I  was 
bound  apprentice  in  Ndvember  last. 

How  did  your  master  use  to  employ  him- 
self after  his  work  was  over  at  night? — He 
used  to  be  out  very  late  at  nights* 

Wat  any  thing  going  on  up-stairs  in  your 
master's  house  r-— Yes. 
What?— Exercise. 

What  sort  of  exercise  ? — Exercise  with  fire 
arms. 

Who  came  there  to  exercise  with  fire-arms  ? 
—I  did  not  know  them  all— I  only  knew  two 
of  them. 

What  are  their  names  ? — Mr.  Shclmerdine 
and  Mr.  Williams. 

Williams  the  gun-maker,  that  lives  at  the 
Tower  f — Yes. 

Where  did  Shelmcrdine  live? — In  Bandy 
lee- walk. 

How  oAen  did  they  exercise  there  ? — About 
twice  a  week. 

Uow  many  of  them  used  to  exercise  there  ? 
— ^About  eight  at  a  time. 

Were  they  always  the  same  eight  or  dif- 
ferent pcoole  ?— I  did  not  notice  them  always. 
Were    tnere    sometimes    different   people 
from  those  who  came  there  at  other  times  r — 
I  suppose  they  were  all  the  same. 

Were  the  windows  of  the  room  in  which 
Ihev  exercised  open  or  shut  ? — Shut, 

Were  lliry  shut  accidcntly,  or  on  purpose  ? 
— I  do  not  know. 
But  you  are  sure  they  were  shut  ? — Yes. 
Whatdoyou  mean  by  the  windows  being 
siinti' — were  there  window- shuJ Icrs,  pr  cur- 
tains, or  what  ? — Shutters. 

At  what  time  of  night  did  they  usually  ex- 
ercise ? — About  ci«jht  o'clock. 

Do  you  know  whether  your  master  used  to 
go  to  any  other  place  about  exercising  ? — He 
uHcd  sometimes  to  go  to  Worcester-street,  in 
the  liurough. 

Was  it  to  exercise  there  ? — I  do  not  know. 
Did  the  people  that  came  to  exercise  at 
\our  master's  house,  live  at  Lambeth  f — I  do 
not  know. 

Do  you  remember  your  master  being  taken 
up  ?— No ;  I  was  very  ill  at  home  at  that 
tune. 

You  went  back  again,  I  believe  ? — ^I  went 
back  a  day  or  two  afterwards. 

Did  you  ever  see  where  those  arms  were 
kept  that  these  people  exercised  with  f— Upopi 
the  first  floor. 
Aiierjrou  went  back  ag^  m 


Trial  of  Thomas  Hurdy 


loast 


arms  lying  about  the  house,  opeiii  or  con- 
cealed ? — I  did  not  see  any  arms  after  I  went 
back  again. 

You  do  not  know  where  they  were  putafler 
your  master  was  apprehended  P — No. 

Do  you  remember  any  cartouch- boxes  f— 
Yes. 

Where  were  they  put?— In  the  cutting- 
room. 

In  the  taylor's   room,  were  you  work? 
Where  my  master  cuts  out. 

What  part  of  that  room  were  they  put  in  ? 
— Ly  ing  a- top  of  the  board. 

What  was  done  with  tliem  aflerwards  ?'-i 

My  master  bid  me  take  them  to  Mr.  Shei-, 
mcrdine's  in  Bandy- le^- walk. 

Did  your  master  tell  you  to  do  any  thhig 
with  tliicm  ?— No. 

Jvim  CoftUs  cross-examined  by  Mr.  Enkme. 

How  did  your  master  dress  himsoir  when 
he  went  out  ?~1  saw  him  once  with  'his  ny 
gimentals  on. 

Had  he  a  Ijlue  coat  with  a  red  cape,  white 
waistcoat  and  breeches,  and  a  cockade  in  his 
hat.»— Yes. 

The  cartouch- boxes  were  lying  upon  ihc 
cutting-out  table,  openly  in  the  place  ?— Yes. 

And  the  arms  were  up  in  the  room  ? — Yes. 

Did  the  people  that  exerciscMl,  wear  the 
uniform? — I  do  not  know — Mr.  Williams  Ind 
them  on. 

Your  master  walked  out  publicly  in  the 
street  with  his  uniform  ? — I  do  not  know  that 
he  walked  out  with  tlicm. 

You  have  bccn  him  with  them? — I  liavc 
seen  him  witli  tliem  on. 

John  Coates  re-examined   by  Mr.   AiionUy 
General. 

Did  you  ever  sc*e  him  out  with  tliem  ?— 
No. 

You  told  my  lord  and  the  Court,  that  you 
had  seen  your  master  with  those  regimentals 
on  once — W^hcro  was  that  ? — In  his  own 
house,  one  Sunday  morning. 

Did  you  ever  sec  him  go  out  with  those  re- 
gimentals ? — No. 

Did  you  ever  see  any  body  come  into  the 
house  with  tliose regimentals?— No. 

Mr,  Erskinc. — You  saw  but  five  or  six,  I 
think  you  say,  exercise  in  the  house  ? — Only 
eight. 

Mr.  Jamci  Waish  sworn. — Exammed  by 
Mr.  Law, 

Were  you  at  Chalk-farm  on  tlie  14th  of 
April?— Yes. 

Do  you  remember  Richter  being  there  P— 
Yes;  I  remember  his  reading  some  solu- 
tions. 

Do  you  remember  anv  thing  being  sud  hy  > 
him,  or  any  body  else^  aBout  <alliog  a  coovoh 
tioo?— r  ^Mid  tiCs  wind  CommmUm;  but. 
.  diatX  could  wt 


SSSi 


'  Jar  High  Treason. 


A.  D.  1794. 


[834 


But  did  any  tlnng  accompany  the  word 
coBtentioai  ?-^[  was  not  near  enough  to  hear 
correctly. 

I)id  vmi  heiar  any  thine  about  corresponding 
with  oiher  societies  f — Yes ;  I  heard  that  they 
had  formed  a  correspondence  with  difl'ereiit 
BOcifltieSy  and  that  they  mentioned  the  prin- 
cipal towns  in  England,  I  think,  and  some 
towns  in  the  North,  and  several  different 
towns  ;  but  I  was  at  so  great  a  distance,  that  it 
was  impossible  for  me  to  collect  what  was  said. 

Then  you  did  not  hear  what  was  stated  to 
be  the  object  of  this  correspondence  ?— Not  so 
as  to  collect  any  thing. 

Did  you  hear  the  resolutions  moved? — I 
heard  them  read. 

Did  you  hear  it  mentioned  what  number  of 
those  resolutions  should  be  printed  > — I  think 
it  #as  mentioned,  that  one  hundred  thousand 
had  been  printed  of  the  former  resolutions, 
and  that  not  having  been  sufficient,  that  two 
hundred  thousand  should  be  printed  of  these 
resolutions— that  I  heard  distinctly. 

Was  any  thing  else  besides  the  resolutions 
ordered  to  be  printed— any  speech?— I  cannot 
speak  to  it;  but  I  think  they  mentioned  some- 
thfti*  of  my  lord  Stanhope's  speech;  but  I 
wouM  not  pretend  to  swear  it. 

Do  you  remember  Mr.  Thelwall  speaking  ? 
^-Ido. 

What  did  he  propose?-— I  was  not  in  a  situa- 
tion to  hear  distinctly  what  passed — he  was 
fery  violent,  as  usual. 

Did  ymi  distinctly  hear  any  thing  said 
aboiit  arms? — No,  not  at  all. 

Mr.  i5r«/fci»c.— Did  you  go  from  curiosity  ?— 
No;  I  went  on  purpose  to  see  what  they  were 
about. 

Mr.  Litw. — Do  you  remember  a  person 
stating  hinihclf  lately  to  have  conic  from 
Ireland  ? — Yes ;  there  wu^  a  man  who  said  so 
—he  need  not  have  stated  it ;  fur  he  had  the 
brcmie  very  strongly. 

Was  the  prisoner  there?— I  cannot  swear 
he  was — I  was  told  he  was  there;  but  I  do 
not  know  it. 

Thomas  Green  sworn.— E.xamined  by  Mr. 
Attorney  General. 

Were  you  a  member  of  the  London  Corres- 
ponding Society  .^— Yes. 

What  are  you  by  trade  ? — A  manufacturer 
of  perfumery. 

Have  you  had  occasion  to  deal  in  knives 
ktely  ? — I  have  dealt  in  knives  ever  since  I 
have  been  in  business ;  in  cutlery  in  general, 
such  as  is  customary  fur  perCiimery  shops. 

Have  you  had  any  knives  fur  the  purpose  of 
sdefy  or  for  any  other  purpose,  that,  when  you 
opened  them,  are  difficult  to  shut  again,  on 
aoeouDt  of  a  spring  ?->I  have  had  a  knife  that 
h$M  a  calch  m  the  back ;  it  is  not  diflicult  to 


la  it  hard  to  shut  witliout  opening  the 
«!r— No,  not  hard. 
,«5¥^  ^^  **  without  knowing  the 
t€r&ingit?-.No. 


How  many  had  you  of  these  knives  at  any 
one  time  in  ^-uur  own  possession  ? — ^Thrco 
duzen. 

Where  did  you  get  them  from  ?— Sheffield. 

How  many  of  ttieni  did  you  part  with  .^-o- 
Fourteen. 

Whom  did  you  part  with  them  to?  --I  do 
not  know  all  the  persons. 

Do  you  know  any  of  the  persons  ? — Yes ; 
I  can  name  about  three  or  four. 

Did  you  part  with  them  in  single  knives, 
one  at  a  time,  or  sell  more  at  a  time  ?— Single 
knives,  one  at  a  time. 

Did  you  part  with  any  to  the  prisoner  ^ — 
One. 

You  sold  him  one  ?— I  sold  him  one. 

Did  you  put  more  than  one  into  his  posses- 
sion, for  any,  and  what  purpose  ?— They  were 
done  up  in  packages,  not  more  than  seven, 
nor  le&s  than  six ;  I  gave  him  one  package  to 
make  a  choice  out  of;  he  pakl  nie  for  one 
knife,  which  he  meant  to  keep. 

What  was  he  to  do  with  the  rest? — I  had 
four  back  aeain. 

When  did  you  get  those  back?«-I  do  not 
recollect  exactly  the  time. 

How  long  was  the  whole  package  in  the 
pri^ner's  possession  ?— I  do  not  know  exactly. 
It  was  a  verj'  httle  time;  I  knew  Mr.  Hardy, 
I  bought  shoes  of  him ;  I  never  booked  them, 
and  therefore  cannot  say  exactly;  but  it  was 
not  many  weeks. 

He  liad  them  in  his  possession  some  weeks 
then,  had  he  ?^It  might  be  two  week? ;  but 
I  cannot  recollect. 

Did  you  get  them  back  before,  or  after  he 
was  apprehended? — ^Just  after  he  was  appre- 
hended. 

Did  you  ever  apply  for  them  back  again 
before  he  was  apprehended? — I  did  not;  I 
had  not  been  that  way;  and  for  that  reason  I 
did  not  call  to  see  whether  he  had  made 
choice  of  one,  or  not. 

What  diflerenco  was  there  between  the 
clifFerent  knives  in  this  package?— I  do  not 
know  a  material  difference ;  they  run  nearly 
alike ;  but  sometimes  there  is  one  that  has  a 
more  partiailar  handle. 

Can  you  rerollect  any  other  persons  to 
whom  you  sold  any  ?— Yes;  I  sold  one  to  one 
Mr.  Billington,  I  think. 

Did  you  sell  any  to  Mr.  Pearce  ?— No. 

Did  you  sell  one  to  Mr.  Groves  ?— T  did. 

Did  you  sell  any  to  any  other  members  of 
thr  London  Corrcspondinp  Society  ?— 1  do  not 
recollect  at  prcncnt  that  I  did. 

Who  were  the  manufacturers  that  you  had 
them  from  ?— Scoficld  and  Companv,  at  Shef- 
field. 

Did  yoii  write  for  them,  or  were  they  sent 
to  you  without  writing  fur  ? — I  used  to  deal 
with  one  Cook,  a  wholesale  Sheffield  manu- 
facturer, before  I  dealt  with  them;  they 
generally  had  riders  in  town,  who  used  to  co 
about  to  shops,  to  show  samples  of  particuhr 
goods :  this  man  called  w'^wxcit',  \  ^giN^\^Tcw 
an  order  fw  ^ivt  «^oq^-,  Vfi  «^v  >X«ww  'wt- 

3  II 


835]  35  GEORGE  HI. 

eordingly  ^  Here  arc  the  bills  of  parcels  for 
bem. 

How  did  you  know  he  had  knives  of  this 
construction? — He  showed  me  a  pattern;  and 
not  only  of  that  in  particular,  but  of  other 
articles:  I  had  seen  the  knives  before,  in 
different  shops  about  town. 

Where? — ^In  the  Strand;  they  are  to  be 
seen  at  different  public  shops  about  town. 

Did  you  apply  to  the  prisoner  to  sell  him 
one.  or  did  he  apply  to  you  to  buy  one  ?— He 
applied  to  me  to  buy  one. 

tiow  did  he  know  you  had  them  ?— I  do 
not  know  that. 

Were  you  at  Compton  street  after  the  meet- 
ine  at  Chalk  Farm  r — I  was. 

\Vere  vou  at  Chalk  Farm  meeting  ? — I  was, 
part  of  the  time. 

Do  you  rember  any  of  those  knives  being 
shown  there,  as  bread  and  cheese  knives  ? — 
I  remember  eating  my  supper,  at  Compton- 
street  with  one ;  and  I  remember  one  or  two 
making  remarks  upon  it. 

What  were  the  remarks? — ^That  it  was  a 
very  useful  knife. 

Did  you  see  any  more  there? — ^I  saw  ano- 
ther^ which  I  looked  upon  to  be  a  better 
knife;  that  was  in  the  hands  of  Mr.  Pearce; 
it  was  a  better  finished  knife. 

Did  he  tell  you  where  he  got  it  ? — No,  not 
tltat  I  recollect. 

Did  he  say  any  thing  that  he  could  do  with 
it? — Not  that  I  recollect. 

Thomas  Green  cross-examined  by  Mr. 
Erskhie. 

If  this  is  worth  pursuing,  I  would  ask  you 
whether  you  have  one  of  these  knives  here  ? — 
Yes ;   I  have  one  in  my  pocket— Here  it  b 

[producing  iL] 

Mr.  ?>skiH€. — Is  this  all?--- Yes;   I  have 


Trial  of  Thomas  Hardy 


[836 


It  is  a  vei^  useful  knife;  and  I  will  buy 
one  of  them  the  next  time  I  see  you — Do  you 
know  Mr.  Groves  ? — I  do. 

Had  you  ever  any  conversation  with  Mr. 
Groves,  about  your  having  sold  knives  of  that 
description  ? — He  came  to  me  to  purchase  a 
knife  at  my  shop,  among  other  tnings ;  he 
purchased  several  other  articles  at  the  same 
time;  he  remarked  the  utility  of  the  knife; 
he  said  it  was  a  very  useful  knife. 

Did  you  tell  Groves  that  you  had  sold  two 
or  three  hundred  of  them  ? — No. 

You  swear  that?— I  did  not  mention  any 
particular  number;  I  remember  he  made  a 
remark  in  this  kind  ot  way,  whether  I  luid 
sold  a  number  of  these  knives,  whether  it  was 
a  saleable  article  or  no?-— I  said,  yes. — No 
man  in  business  would  tell  a  person  that  il 
was  not  a  saleable  article;  they  would  not 
purchase  it,  if  he  did. 

Did  you  tell  him  that  you  had  sold  two  or 
three  hundred,  but  desue  him  to  speak  low, 
because  the  parlour-door  was  open»  and  your 
wife  was  a  damn'd  aristocrat-^id  you  say  so? 
— I  will  make  oath  that  I  did  not  make  use  of 
such  an  expression  as  that. 

Lord  Chief  Justice  £vre.— -What  was  the 
expression  you  did  make  use  of? — I  do  not 
know  exactly  what,  but  not  such  a  one  a» 
that ;  no  man  has  ever  heard  me  swear  tn 
oath  in  that  kind  of  way  these  seven  yean ; 
I  might  make  use  of  an  expression  in  this 
kind  of  way,  when  he  asked  me  if  it  wast 
saleable  article,  and  if  I  sold  a  quantity  of 
them,  I  might  say  yes,  it  is  a  saleable  article, 
or  to  that  purpose,  but  I  did  not  say  thai  I 
liad  sold  any  particular  number. 

Mr.  Erskine. — Did  you  say  any  thing  to 
him  as  if  there  was  any  thing  improper  ift 
m  11  in^  the  knives  ^-— N  o .  v 

Diu  you  dmite  bitn  to  speak  low  lesi  it 
bould  be  heard  by  others,  that  ^ 


8S7] 


for  High  Treason. 


A.  1).  \7\n. 


Is:)S 


ing  you?— What  he  has  sworn  1  do  notkiww, 
hut  that  I  did  not  make  use  of  such  an  ex- 
pression, I  swear  positively. 

J%omai  Green  re-examined  by  Mr.  Attornr^' 
Genera  L 

To  be  sure,  it  i^  not  a  polite  thing  to  call 
one's  wife  a  damnM  aristocrat,  what  did  yuu 
say  about  her?— I  do  not  recollect  that  I  said 
a  word  of  the  kind,  or  throw  out  any  such 
hint. 

'  Did  you  say  any  thing  about  your  wife  ?— I 
do  not  recollect,  to  the  Ksst  of  my  knowledge, 
that  I  mentioned  any  thing  about  my  wife. 

Did  you  mention  any  thine  alx>ut  aristo- 
crat ?— No,  I  do  not  know  that  I  said  any 
thing  about  aristocrat,  or  my  wife. 

Mr.  Erikine. — Did  you  wish  to  conceal  sell- 
ing these  knives  from  your  wife  ? — No. 

Edward  Uodson  sworn. — Examined  by    Mr. 
Law, 

Look  at  these  papers — were  the3rprintcd  by 
you? — I  beg  leave,  with  submlshion  to  tlic 
Court,  to  km>w,  whether  I  am  bound  to  an- 
swer that  question  ? 

Lord  Chief  Justice  Ej/re. — It  depends  upon 
what  the  nature  of  the  paper  is ;  you  are  not 
bound  to  answer  any  question  that  may  tend 
to  criminate  yourself. 

Mr.  Late  — Certainly  it  is  a  paper  of  a 
seditious  tendency— it " was  opened  by  Mr. 
Attomey.r;eneral,  as  a  description  of  the 
Ins  and  Out*',  advising  the  people  to  pro- 
vide thtmsclvc*  witliarni**.  Without  sa>iiig 
whether  y(<u  published  it,  did  you  rr:f.eivc 
from  any  boJy,  any  application  or  any  re- 

rst  lo  priiil  a  jraper  ot  thobe  contents ?~I 
not  a&k  vou  whether  you  did  print  it  or 
not.— I  had. 
From  whoaa  ? — A  pcrhf.n  of  the  name  of 

^  her*  iW^s).'-  li'.e?— T  ficver  wa*  in  his 
ho»i*<— I  ^cz  ir.^.-.-i'  i  i.L  i:w..J  at  W#:«.iniin- 
ster. 

Wh*n  w*:f  y:i  appi;'- 1  ft' — I  prcwrnc  it 
no^i  be  ^\p'^jX  '.  h  Tn\:.v.  '/  Marcii  ik-». 

Mr.  Lc:-. —  Hvjjv>r:  r  s*  '^fr-i  k!r«:--d v  p rov- 
ed !Ci  be  ii  r.'.i,'.-'.:  *ji  I.  e  L^jrrtty.L*:.:!-!  v>- 
cie»T. 

huri  Cr  '.•  ;.:tl:e  Lyt  — Wr-ai  w^k  •  J^ 

Mr.  L-Jsr  —A  T^dL-y.^  :■*.  tv:  v  <  •'  •.■  it  •.■■cy-r 

w  "  -^  t r  -  r  —   *  "•  -  , 

■The  I-t  ••,'.  us "»»  tr» .'.  li'.r'-"--  i"*.*  v:. 
;  »•  hiivjjc  fcm.  '/urse.-^  ••• .. 

I  how  iBr  BW  'Jl^TTl,  " 

^Mh^€a    Cm.  wj  ^  :£A 

I  Sir  jrfw  r-li  IAMBIC 


Edward    Ih\lniH, —  t-roH!«f\:Mninril    by     Mi. 

liihhs. 

\VvTv  you  a  membiT  «l  niluT  nt  ihi's**  mi 
cietiesP— A  nuMnber  of  thv  U>Uilon  Cuiiih 
ponding  Society . 

How  lun;;  have  you  hrrii  a  nu-uilui  nl  il  ? 
— I  presume  I  wus  a  lufiulMT  uhoul  Ihn-i- 
months^thrnl  cra.Mnl  to  bt>  u  ninnlMr. 

When  did  youcuaiir  to  hf  iinirniliri  ^  .  Im 
mediately  upon  the  repoitthiit  tin*  MNiriy  h.ul 
improper  objects  in  view. 

At  what  tunc  whh  that?-  About  ihr  innuHi 
of  April,  on  the  lirnt  appifhriiMon,  1  lii-hr\r, 
of  the  prisoner  juid  Mr  Adanin;  1  iiivn  wi-ul 
to  the  socic'iy  at^crwariN. 

Have  you  any  rcuHon  lo  thnik,  duinif^  Ihr 
time  you  were  a  lueuiber  nf'thti  Hociely.  ilnl 
they  had  any  other  objccth  but  a  parlianii'maiy 
reform  P— Never. 

You  never  had  ?— Never. 

In  what  House  of  rarJianirnt  P— In  ihr 
CommonsHousc  of  I'ariianiMit. 

Had  you  any  idea  that  it  wiin  any  part  ol 
their  plan  to  attack  the  kin;;'  -  Far  from  it. 

in  any  respect  to  lessen  hit  authoiitv  in  tlit? 
statcf^Far  troni  it;  I  never  hi»td  any  llnn^ 
of  the  kind  started  direitly  noi  indinnily. 

Had  you  any  rcaMni  to  sii*>|H".t  that  th«  y 
meant  todisplM/:c  the  l/trtU  f'runi  any  aiilho- 
rity  they  jmisvis  in  th<*  ^ital';  ?-  .None  at  all ; 
I  am  sure  I  should  not  have  fonluiunj  willi 
them  a  moment  lon;;i  r  if  1  Jiad. 

Did  you  r  easi:  Uj  be  a  nieinUr  of  thf  Vi'if- 
ty  from  any  thing  that  yriu  ol>M-rv#:d  yttttt^U,  oi 
was  it  Ironi  Mr.  Hitrny  uw\  Mr.  Adaiin  b'  !ii;; 
taken  up  f — JntiM:ly  Ironi  Hardy  and  A'Uuti 
licnig  taken  up,  and  tij';  ii:\»**ri\  in  'ir<ij!ati'in, 
that,  under  tfie  pr«:l«:noe  of  a  reloim,  they 
were  burp»iiin:^  /Ahtr  obj«ci»!. 

DiJ  y*Ai  atVbnd  tiie  -«i«  i«;iy  of t*rn  *  ■-  So ;  I 
did  not  by  siriy  in*f<ri:,  i*st  luy  b»j'«ii»--*.  v!r'/ijl«i 
not  'dAiuW  of  it,  and  a  p«rt  of  t^i:  luif*-,  rrionth* 
that  I   w-<i.t  31  it»Htu\s^.i  I  wa^  Juditp'/yjd  ari'J 

Howf:v»rr,  i'iTit.-^  I  lie  who!*:  •  fri"  y#/ 1  ^^.i 
attend  J»,  M  i«i  wa»  iftJial  V'^j  ^'Mk'.vA  lo  t : 
xu^ttT  Of/., -j.\''^ K>. V. tl y 

'Ihtv /.%%•:  *i«^ii  Vfl^'f  :.'»  «ji  a  'v;,-.*-f.».o.'i 


^<."j  %0:i  i'.v  ^v«;* 


.'     v^..','>j   or    '*..<    ;Vi 

t^Ai  fff-iij  fj;  o  •".'  '^y..*A\    I'.ar  'f.**  •//• 
v*Ti« kOfi  wa*  to  t* r i:    ; ]rj:,  .  w  . i   •  ■ . *.   *.:,*,-  v'l 
of  J*^^.>:atj't,   w«.v   Kj  J!  nr*     «»*  '  -  Ai   •* ' 
Lri,^  1  wa*  itj  •'.►  yy.  A*; ,.  I  «.  wiy.  ,•  ';•:?»■.•/•..  j 
■*!.»r:.  v.*  ^/  VI  ,'•:  U.f  •  /  -*  *  Vy  j*«-  ".•.•.    <-   « 

^.^•JhT*  \\»  Vs.f>  •■.•:    •>■  •>  o'  C  *?•-"  •  •  vy    '     •  •, 

-■j  '"je  v^.*.'\*    T»'  •  ■.•.«■•  '■•.'.  c  ".•<•  >••  I  ^1 

»»-re  w,  •-•*  '-*  !».':  '.•.?:.••".•-•   i»'iv  »•••   •..  '^r* 
.'•,■::-    ,•    *  .•    .'yj*. I   c*.*.  '.-•••...■        ■«•  >■.*••.• 

nrtjt  'rvu- 


8S9] 


S5  GKOllGE  III. 


Triai  of  Thomoi  Hardy 


(MO 


any  of  the  racmbers,  lendiDg  Uiat  way  ?— Nti- 
ver  in  my  life. 

Had  yuu  any  idea  from  any  thing  you  ever 
heard,  that  tliere  was  an  intention  m  this,  or 
any  of  t}icsc  societies,  to  introduce  the  anar- 
chy of  France  into  England  ? — ^No. 

Yon  had  not  ? — ^No ;  I  had  not. 

When  was  this  hand-bill  brought  to  you  ? — 
I  believe  in  the  month  of  March  or  April ;  I 
am  not  accurate  as  to  the  time ;  it  must  be 
about  that  time,  for  I  did  not  become  a  mem- 
ber of  the  society  till  the  month  of  February, 
I  believe. 

Edward  llodum  re-examined  by  Mr.  Attorney- 
GtneraL 

You  did  not  know  what  passed  at  tjie  Globe 
^tavern  then? — No. 

All  you  know  is,  what  passed  between  tbo 
month  of  February  and  the  time  of  the  appre- 
hension of  Hardy  and  Adams  ? — ^That  is  All. 

Thfen  you  chose  to  protect  your  own  cha- 
racter, hearing  of  tliose  rciK)rts,  by  remaining 
no  longer  in  the  society  ?  your  knowledge  is 
only  since  tlie  meeting  at  the  Globe-tavern  ? 
—Yes. 

You  were  at  Chalk-farm  ? — I  was. 

Did  you  ever  read  the  resolutions  that  pas^ 
ed  at  Chalk- farm  ? — I  liavc  read  them  in  the 
report. 

You  had  read  them  before  you  saw  them  in 
the  report? — Yes. 

Where? — I  had  seen  them  in  the  printed 
account  of  the  proceedings  at  Chalk-fafui. 

Had  you  seen  the  printed  account  of  the 
proceedings  on  the  90th  of  January  ? — I  had 
not;  I  do  not  recollect  that  1  h;ivc  read  tlicm 
to  this  hour. 

Did  you  know  that  they  had  had  any  thing 
to  do  with  Mr.  Painc's  work;*,  "The  Hi^hU 
of  Man  ?" — I  never  knew  that  but  by  hear- 
say. 

Were  you  applied  to  to  print  the  proceed- 
ings at  Chalk-fann?  I  do  not  ask  you  wLc- 
ther  you  printed  thcni. — 1  was  applied  to. 

By  whom  ? — By  several  of  the  niembei  :>,  not 
by  ail  individual  member ;  I  was  at  the  divi- 
sion, the  committee  division,  as  it  was  termed, 
and  it  being  determined  to  print  them,  I  was 
applied  to. 

Mr.  Attorney- GeneraL — My  lords,  I  am 
now  going  to  prove,  that  the  circular  letter  of . 
Mr.  llardy,  which  your  lordships  heard  read,  | 
relative  to  the  calhng  a  convention,  was  sent 
to  Edinburgh  and  Strathavcn;  that  it  was 
answered  from  Strathavcn  by  a  letter ;  1  shall 
also  prove  the  transactions  which  passed  re- 
spec  tinj:  it  at  Edinburgh,  and  having  pioved 
those  circumstances,  I  shall  then  state  the 
grounds  upon  which  1  auprehend  it  will  be 
open  to  me  to  prove  otlicr  trau^ac lions  in 
Scotland. 

George  Aosf*  sworn. — Examined  by  Mr. 
Garrow. 

*  Sec  his  examinations,  anti^  Vol.  93,  pp. 
Jiif9,  659,  931,  and  1860  and  p,  63,  of  iliw  Vo- 
Juwv, 


Where  b  your  place  ofrBridancef— la  Edin^ 
burgb. 

Were  you  a  member  of  any  lociety  in 
£dinbui;gh  at  any  time  ?— I  suppose  you  mean 
the  Friends  of  the  People. 

You  were  a  member  of  the  societv,  calling 
itself  the  Friends  of  the  People  ?— Yes. 

When  did  you  commence  a  member  of  Uu^ 
society? — I  believe  it  was  some  time  about 
the  end  of  the  year  ^703. 

Were  you  at  any  time  a  member  of  anj . 
meeting  or  society,  w^b  was  called  the  Bri- 
tish Convention?— Yes,  I  was. 

When  did  you  become  a  member  of  tha^ 
convention? — I  do  not  recollect  at  what  time 
the  convention  was  held. 

Were  you  deputed  to  the  convention  as  a 
delegate  from  your  society  ? — ^Yes,  I  was. 

Can  you  tell  us  at  what  time  that  delega* 
tiun  took  place  ? — I  made  a  mistake  at  first; 
it  was  at  tlie  end  of  the  year  17^  that  I  was 
made  a  member,  and  at  the  end  of  1793  the 
British  Convention  was  held. 

So  that  you  were  a  delegate  from  youjf 
society  ? — Yes. 

Do  you  know  at  what  time  you  were  ap- 
pointed a  delegate  to  the  convention?—! 
think  it  was  at  the  end  of  November,  or  th^ 
beginning;  of  December  1793. 

Did  you  attend  any  of  the  meetings  of  the 
British*  Convention  at  Edinburgh  ? — Several 
of  them. 

Were  there  delegates  at  the  mectinc^  of 
that  convention  from  other  societies  in  Scot- 
land ? — There  were. 

From  any  other  parts  besides  Scotland, 
south? — Yes,  there  were  some  from  England. 

Were  you  at  any  time  a  member  of  the 
Loudon  Corresponding  Society  ? —  No. 

Do  you  ienieml)er,  at  any  lime,  receiving 
any  letter  sinular  to  that  which  I  now  put 
into  your  hand  [showing  a  letter  to  the  wit- 
ness]?— I  did  receive  some  letter  similar  to 
this. 

Among  those  which  you  received,  did  jou 
re<-pivc  the  identical  letter  that  I  have  put  into 
y(*nr  hand  ?  ilyou  look,  you  will  see  your  own 
writing  on  it.— Yfvs,  I  tliink  ihib  is  the  letter 
that  1  sent  into  the  country. 

What  nuuibcr  of  letters  did  you  receive 
with  that,  which  were  of  a  similar  tendency? 
— I  think  about  half  a  dozen. 

Whom  did  you  receive  them  from  ?— From 
one  Mr.  Stock,  in  Edinburgh. 

Was  he  a  member  of  any  of  the  societies  in 
EdinburE;h  ? — Yes. 

Of  winch?— One  that  met  in  SimmondV 
square,  Nicholson  street,  on  the  south-side  of 
Edinburgh. 

Wliat  particular  name  had  itP — I  do  not 
know  what  it  was  called ;  it  was  a  socitty 
exactly  of  the  same  nature  with  that  of  whicfi 
I  was  a  member. 

Was  there  in  that  society  to  which  you  and 
Stock  belong,  any  committee  which  was 
known  h^  any  narticular  name  ? — ^There  was 
no  committee  belonged  to  that  individual 
bociev^  that  I  ^rticularly  belonged  to. 


841] 


for  High  Treason. 


A.  D.  1794. 


[818 


Having  received  five  or  bix  of  Uiete  letters 
from  Stock,  what  did  you  do  with  them  P— J 
fleni  several  of  them  into  the  country. 

Look  at  the  superscription  to  that  in  your 
hand,  and  tell  me  where  that  was  sent  to  P — 
It  was  sent  to  a  person  of  the  name  of  Miller, 
at  Perth. 

Name  some  other  places  to  which  you  sent 
this  letter  ?^I  sent  one  to  Stiathaven. 

Any  other  ?— I  think  I  sent  one  to  Paisley^ 
and  to  some  other  towns  in  the  country. 

Did  you  send  any  to  Dundee  f — 1  am  not 
very  certain  whether  I  did  or  not. 

You  told  me  you  attended  several  meetings 
of  the  British  Convention,  as  it  was  called ;  be 
so  good  as  tell  us  any  of  the  proceedings  of 
the  British  Convention,  at  wnirh  you  were 
present;  had  you  any  particular  cause  of 
Knowledge?  did  you  write  any  of  the  minutes 
of  the  meeting  P — I  took  some  ot  the  minutes 
of  the  meeting  of  the  convention. 

Did  you  act  as  secretary  of  the  convention, 
npon  those  occasions  ?— Now  and  tlieu;  some- 
times I  did. 

Without  troubling  you  with  the  whole  of 
the  proceedings  which  we  lu&ve  had  already ; 
do  you  remember  any  particular  resolulion, 
which  was  passed  with  any  extraordinary  so- 
lemnity, at  the  (onvcnlion  ? — I  do  not  recol- 
lect particularly;  I  would  Know  them  to  be 
parts  of  the  minutes  of  the  convention  that  I 
wrote  myselt,  ill  saw  them. 

if  in  the  niinules  of  the  convention,  you 
■hoidd  see  it  in  yuur  own  hand -writing,  you 
would  know  it  again ;  but  what  I  am  speaking 
of,  is  nut  there;  was  there  any  resolution 
pused  with  extraordinary  solemnity,  such  as 
rising  up  and  taking  one  another  by  the  hand, 
or  any  thing  of  that  kind  ?— I  recollect  some- 
tiiinff  of  that  kind  having  liappened,  but  I  do 
not  know  what  it  was. 

Lord  Chief  Justice  /'vr«.— Were  you  there 
when  it  happened  ?— 1  am  not  very  certain 
whetiier  I  was  or  not,  but  I  recollect  being 
questioned  upon  that  verv  circumstance  upon 
tnc  trials  at  Kdinbiirgh.  but  I  cannot  be  posi- 
tive at  present  upon  the  circumstances  what 
it  was. 

Were  you  present  at  any  time  when  any 
resolution  was  passed  with  extraordinary  so- 
lemnity, surh  :is  extciidmg  the  hand  (the 
mode  of  swearing  1  believe  in  Scotland),  or  by 
taking  one  another  by  tlie  liand.  Do  you  ; 
recollect  such  a  cir(  umstauce,  with  respect  to  | 
any  resolution  ? — 1  do  not  recollect  it. 

Do    you   recollect  the  dispersion  of  the  ! 
British  Convention,  by  tlie  magistracy  of  the 
country  ?---!  was  not  present  at  the  hrst  dis- 
persion ;  I  was  ill  custody  then. 

Do  you  remember  the  tact  of  the  dispersion 
of  tlie  convention  ?— Yes. 

After  that  do  you  know  of  forming  any 
committees  of  ways  and  nii-ans,  or  any  thing  | 
of  that  sort?— Afler  the  dispersion  of  the  con-  ' 
vcntion,  I  did  not  act  in  the  societies  myself, 
but  I  understood—-^— 

I  do  not  ask  you  what  you  understood. — 
Then  I  do  not  know. 


Do  you  know  of  the  Ibrmation  of  any  com- 
mittee of  union,  wliich  met  in  ]^'our  own 
house  P— I  cannot  swear  positively ;  it  became 
the  common  talk,  but  I  was  not  present  at 
one,  and  was  not  privy  to  their  proceedings. 

Though  you  were  not  yourself  present  at 
any  of  their  meetings,  did  you  from  any  of  tlic 
persons  who  were  members  of  the  Briti&h 
Convention  betbrc  its  dispersion,  learn  that 
there  had  been  a  committee  of  union  formed ; 
did  you  learn  that  after  the  dispersion  of  the 
convention  from  any  of  the  members  of  the 
convention  ? — I  understood  there  was  a  com- 
mittee. 

Did  you  understand  that  from  any  of  the 
members  of  the  convention  which  had  been 
disnerscd  P— I  cannot  be  certain  to  that,  but  I 
understood  there  was  a  committee. 

Mr.  Garron;.— My  lords,  we  will  now  read 
tins  letter  which  this  witness  says  he  received 
from  Stock ;  we  have  produced  a  large  bundle 
of  these  circular  letters  to  country  correspon- 
dents, which  were  found  in  the  possession  of 
the  prisoner. 

This  letter  was  transmitted  by  the  witness 
to  Miller,  at  Perth,  and  he  says  he  sent  other 
copies  to  different  places  in  the  country,  par- 
ticularly to  Strathaven  ;  your  lordships  reatU 
lectthat  an  answer  to  that  sent  to  Strathaven, 
has  been  read. 

[The  printed  circular  letter  read.] 

'*  Citiaens ;— The  critical  moment  is  arrived, 
and  Britons  must  either  assert  with  seal  and 
firmness  their  claims  to  liberty,  or  yield  with^ 
out  resistance  to  the  chains  that  ministerial 
usurpation  is  forging  for  them.  Will  vou  co* 
operate  with  us,  in  the  only  peaceable  mea- 
sure that  now  presents  itself  with  any  prospect 
of  success?  We  need  not  intimate  to  you, 
that  notwithstanding  the  unparalleled  auda- 
city of  a  corrupt  and  overbearing  faction, 
which  at  present  tramples  on  the  rights  and 
liberties  of  the  people,  our  meetings  cannot  in 
England  be  internipted,  without  the  previous 
adoption  of  a  convention  bill — a  mca!>ure  it  is 
our  duty  to  anticipate,  that  the  ties  of  union 
may  be  more  firmly  drawn,  and  the  senti- 
ments and  views  uf  the  different  societies 
throughout  tlic  nation  be  compared,  while  it 
is  yet  in  our  power,  so  as  to  guide  and  direct 
the  future  opcrationn  of  the  friends  of  freedom. 
House  then,  to  one  exertion  more  !  and  let  us 
show  our  consciousness  of  this  important  truth, 
'  If  we  are  to  be  l>eaten  down  with  threats, 
prosecutions,  and  illegal  sentences,  we  are 
unworthy — we  arc  incapable  of  liberty.* — We 
must,  however,  be  expeditious.  Hessians  and 
Austrian s  are  already  among  us ;  and  if  we 
tamely  submit,  a  cloud  of  these  armed  barba- 
rians may  shortly  be  poured  in  upon  us.  Let 
us  form  then  another  liritish  Convention ;  wc 
have  a  central  situation  in  our  view,  which, 
we  believe,  would  be  most  convenient  ior  the 
whole  island  ;  but  which  we  forbear  to  men- 
tion (entreating  your  coiifidence  \\\  VVivs  ^x>Cv- 
culiu)  Uii  VIC  Wv«  titfi  ^ii^&'KU  Q^  >2oyb  «m^>:\»5.i^ 


84S] 


35  GEORGE  III. 


TrM  ofThoma*  Hanfy 


\m 


with  which  we  are  in  correspondence.  Let 
us  have  your  answer  then  by  the  90th,  at 
farthest,  earlier  if  possible,  whether  you  ap- 
prove of  the  measure ;  and  how  many  dele- 
gates vou  can  send,  with  the  number  also,  if 
possible,  of  your  societies.  We  remain  yotn's, 
m  dvic  affection,  the  London  Corresponding 
Society,  T.  Hardy,  secretary. 

"  For  the  management  of  this  business  we 
have  appointed  a  secret  committee.  You  will 
judge,  now  far  it  b  necessary  for  you  tu  do  the 
same." 

Addressed  on  the  back 

«  Mr.  Walter  Miller,  merchant,  Perth." 

**  Show  this  to  your  neighbours." 

"  Answer,  post  paid,  to  the  care  of  George 

Ross,  Liberty  Court,  Edinburgh." 
^  The  sazelteer  is  tocomc  out  immediately." 
**  Nothing  but  ready  money  subscriptions 

received," 

George  Ron  cross-examined  by  Mr.  Erskine. 

What  was  the  object  of  your  society,  the 
Friends  of  the  People  ? — ^I'o  procure  a  reform 
in  parliament;  a  reform  in  the  House  of 
Commons. 

Did  your  objects  extend  ^ther  than  to  a 
reform  in  the  House  of  Commons  ? — H  was 
only  the  House  of  Commons  that  I  associated 
to  reform. 

Had  your  society  any  design,  from  what  you 
collected  fix>m  the  members  of  it,  and  from 
what  was  said  and  done  in  your  presence,  to 
attack  tlie  king's  person,  or  his  prerogative,  or 
state  ? — I  never  thought  so. 

Was  it  your  object  m  that  association  to  do 
so?— My  object  was  to  procure  a  reform  in 
the  House  of  Commons. 

You  I  think  were  made  a  delegate  from 
your  society  to  the  British  Convention  ? — ^Yes. 

When  you  met  together,  the  delegates  from 
the  different  societies  in  your  convention,  did 
you  consider  yourselves  as  the  parliament  of 
Great-Britain  ? — No  not  at  all.  We  meant  to 
consider  the  proper  means  of  petitioning  par- 
liament. 

Was  any  thing  done,  or  said,  by  the  dele- 
gates, sitting  in  the  convention,  as  if  they  had 
assumed  to  themselves  the  authority  and 
functions  of  magistracy  .^— I  could  co&ccive 
no  such  thing. 

Did  they  exercise  any  functions  of  legislative, 
or  executive  power  ? — No  such  thing. 

Was  there  any  thing  said  by  any  members 
against  the  king  ? — ^Not  that  1  know  of;  not 
that  I  heard. 

Did  you  make  any  laws  to  bind  the  people? 
— ^We  should  have  been  very  foohsh  if  we  had 
propo!>ed  such  a  thing. 

What  appeared  to  you  to  be  the  object?— 
To  procure  a  reform  m  the  Commons  House 
of  Parliament. 

How  were  you  to  do  it  ?— By  a  petition. 

Was  that  said  among  the  members  of  the 
convention  f— Yes ;  lod  several  petitions  were 


sent  previous  to  the  meeting  of  the  British 
Convention. 

What  number  did  the  British  CoDTention 
consist  of? — ^About  two  hundred. 

Had  you  provided  yourselves  with  armstft 
attack  the  magistracy  and  government  of  the 
country  ? — We  had  not. 

Were  the  delegates  prepared  to  resist  the 
magistracy  by  force  ?•— Not  at  all ;  when  the 
magistrates  came  to  disperse  the  British  Con- 
vention the  second  day,  they  did  not  resist 
them  when  the  sheriff  showed  his  authority ; 
he  took  the  chairman  by  his  hand  and  toolf 
him  out  of  the  chair ;  he  said  he  was  doing 
nothing  illegal,  and  would  not  leave  the 
chair  tul  the  sheriff  took  him  forcibly  out. 

If  you  had  consklcred  that  vou  were  doing 
that  which  was  illegal  and  dishonourable  for 
a  subject  to  do,  should  you  have  done  it  ?^ 
No ;  we  should  have  remtined  from  it 

Should  you  have  done  it  if  you  had  thought 
it  likely  to  be  dangerous  to  the  king's  gc^ 
vemment  or  person  ?»No ;  I  never  meant 
any  such  thins,  I  had  no  such  intention. 

Do  you  think  there  were  any  other  persons 
in  your  society  who  meant  any  such  thing  ?-- ^ 
I  never  did ;  for  it  was  always  understood,, 
that  our  society  was  to  obtain  a  reform  in 
parliament. 

What  sort  of  persons  did  the  convention 
consist  of  ?— There  were  people  of  all  ranks 
belonging  to  the  societies,  most  of  the  poor 
class  of  people. 

Were  there  any  reputable  tradesmen  be^ 
longing  to  it  ? — Yes ;  there  were  some  very 
reputable  gentlemen  among  them. 

People  of  good  character,  sober  lives,  and 
morals  ? — Most  of  them  were  men  of  sober 
lives  and  morals. 

Was  there  any  proposition  made  in  the 
convention,  in  your  presence,  during  the  time 
you  attended  it,  that  led  to  assuming  any 
authority  of  your  own  ?  —  No  ;  we  never 
thought  of  any  such  thing. 

George  Ross  rc>cxamined  by  Mr.  Garrow. 

It  would  not  have  occurred  to  me  to  ask 
you,  whether  you  were  a  traitor,  or  your  as- 
sociates declared  themselves  to  be  so.— >%w 
I  will  put  some  questions  to  you,  upon 
what  you  have  been  asked.  You  have  told 
that  gentleman  that  you  had  no  idea  of  as- 
suming the  powers  of  legislation  by  force  ?— 
No  ideas  of  that  at  all. 

You  meant  merely  to  procure,,,  or  obtain^  if 
you  could,  a  reform  in  the  representation  of 
the  people  ? — You  are  very  right. 

And  that  by  peaceable  means  ? — ^Ycs. 

And  that  you  would  have  shuddered  at  an 
idea  of  force,  or  resistance  to  the  civil  power 
of  the  country  ;  do  I  take  you  right? — Yes; 
very  right. 

You  had  no  idea  of  going  farther  than  a 
fair,  peaceable,  and  orderly  application  for  a 
redress  of  that  which  you  conceived  to  be 
wrong?— I  will  answer  for  myself;  I  had 
not. 


815] 


Jbr  High  Treason. 


A.  D.  179*. 


[846 


Were  yon  present  when  that- convention 
€amc  to  this  resolution  ?  and  then  the  pro- 
per constitutional  judges  will  say,  whether 
you  meant  it  or  not : 

''That  this  convention,  considering  ^e 
calamitous  consequences  of  any  aot  of  the  le- 
gislature which  may  tend  to  deprive  the  whole, 
or  jany  part  of  the  people,  of  their  undoubted 
right  to  meet,  either  by  themselves,  or  by  de- 
legation, to  discuss  any  matter  relative  to 
their  common  interest,  whether  of  a  public 
or  private  nature,  and  holding  the  same  to  be 
totally  inconsistent  with  the  first  principles 
and  safety  of  society,  and  also  subversive  of 
our  known  and  acknowledged  constitutional 
liberties,  do  hereby  declare,  before  God  and 
the  world,  that  we  shall  follow  the  wholesome 
example  of  former  tiroes,  b^  paying  no  regard 
to  any  act  which  shall  militate  against  the 
constitution  of  our  country,  and  snail  con- 
tinue to  assemble  and  consider  of  the  best 
means  by  which  we  can  accomplish  a  real  re- 
fMresentation  of  the  people,  ana  annual  elec- 
tion,  until  compell^  to  desist  by  superior 
force.'* — ^Did  you  know  that  the  convention, 
of  which  you  were  a  member,  who  sought  all 
those  things  by  peaceful  and  orderly  means, 
bad  come  to  that  resolution  ? — I  am  not  cer- 
tain whether  ever  that  resolution  was  passed 
in  the  convention. 

Upon  your  oath,  were  not  you  present 
when  it  was  proposed  ?— I  do  not  recollect 
that  it  was  proposed. 

Will  you  swear  you  were  not  present  ? — I 
cannot  be  certain,  because  the  convention 
net  for  several  weeks,  I  believe ;  and  I  cannot 
be  certain  whether  I  was  present,  if  that  was 
passed  at  it,  or  no. 

Can  vou  say  you  were  not  presentwhen  such 
a  resolution  was  passed?--!  cannot  answer 
positively  to  the  question,  on  account  of  the 
convention  meeting  for  two  or  three  weeks, 
and  I  could  not  get  to  attend  it  every  day  for 
all  the  time  that  the  committee  met,  but  I 
commonly  attended  two  or  three  hours  of 
ever^  day.  I  cannot  recollect  all  the  difl'erent 
motions  that  were  moved  and  passed  in  the 
convention,  whether  I  was  present  at  them  or 
not. 

I  will  remind  you  of  some  others  that  will 
strike  your  memory  better  perhaps-—'*  And 
we  do  resolve,  That  the  first  notice  given  for 
the  introduction  of  a  convention  bill,  or  any 
bill  of  a  similar  tendency  to  that  passed  in 
Ireland,  in  the  last  session  of  their  parliament, 
or  any  bill  for  the  suspension  of  the  Habeas 
Corpus  act,  or  the  *  Act  for  preventing 
'  wrongous  imprisonment,  and  agamst  undue 
'  delays  in  trials  in  North  Britain ;'  or  in  case 
of  an  invasion,  or  the  admission  of  any  foreign 
troops  whatsoever  into  Great-Britain  or  Ire- 
lana  ;  all,  or  any  of  these  calamitous  circum- 
stances, shall  be  a  signal  to  the  several  dele^ 
gates  to  repair  to  such  place  as  the  secret  cdm- 
aittee  of  this  convention  shall  appoint;  and 
the  first  seven  members  shall  nave  power 
to  declare  the  sittings  permanent,  and  twenty* 


one  shall  constitute  a  convention,  and  pro- 
ceed to.  business.'' — ^Upon  your  oath,  wei« 
not  you  present  when  that  resolution  was 
come  to  ? — ^I  think  I  was. 

Mr.  Gamw.-~Attend  to  this— <<  The  con- 
vention doth  hereby  resolve,  that  each  dele- 
gate, immediately  on  his  return  home,  do 
convene  his  constituents,  and  explain  to  them 
the  i\ecessity  of  electing  a  delegate,  or  dele- 
sates,  and  of  establishing  a  fund,  without 
delay,  against  any  of  these  emergencies,  for 
his  or  their  expense;  and  that  ttiey  do  in- 
struct the  said  delegate  or  delegates,  to  hold 
themselves  ready  to  depart  at  one  hour's 
warning."  Now  I  fancy  I  have  brought  you 
to  recollect  this? — ^I  du  recollect  that  from 
your  reading  it. 

Now  attend— No  persons  were  members  of 
this  society  but  persons  of  moral  life  and  con- 
versation; respectable,  orderly,  and  decent 
citizens,  I  think  you  told  that  gentleman?-— 
That  was  not  my  answer  to  the  question  ;  he 
asked  me  if  there  were  not  reputable  tmdes- 
men  belonging  to  that  society? — I  said,  yes. 

So  you  understood  that  question  to  be, 
whether  there  were  not  some  reputable  trades- 
men belonging  to  that  society  f — Yes. 

Was  Watt*  a  member  of  that  society  f— 

No. 

Was  Downiet? — He  was. 

As  you  have  told  that  gentleman,  upon 

your  cross-examination,   ImX  you  took  th« 

mtention  to  be  to  proceed    by   peace  and 

order 

Mr.  Gibffs. — ^I  submit  to  your  lordship  that 
that  is  improper.  That  sort  of  interlaraing  a 
a  question  is  not  permitted  to  ta  even  in  cross- 
examination. 

Lord  Chief  Justice  Eyre. — I  perfectly  agree 
with  you.  It  is  an  habitual  irregularity;  I 
state  that  as  a  common  excuse  for  it  all,  as  a 
thing  to  be  corrected  as  much  as  we  can.  I 
did  not  expect  we  should  get  ri^ht  in  a  mo- 
ment ;  let  us  keep  as  much  within  bounds  a^ 
we  can ;  it  disturbs  the  argument  of  the  exa- 
mination entirely,  when  it  is  so  filled  with 
these  observations. 

Mr.  Garroa. — I  am  much  obliged  to  your 
lordship  for  the  kindness  with  which  the  ad- 
monition comes,  and  for  my  part,  I  will  en- 
dcavour  to  submit  myself  immediatelv  to  it.— - 
Were  you  there  when  it  was  resolved,  "  That 
the  moment  of  any  illegal  dispersion  of  the 
present  convention,  shall  be  considered  as  a 
summons  to  the  dele^tes  to  repair  to  the 
place  of  meeting  appointed  for  tne  conveiv- 
tion  of  emergency,  oy  the  secret  committee : 
and  Uiat  the  secret  committee  be  instructed 
to  proceed,  without  delay,  to  ii\  the  place  of 
meeting?'* — I  think  I  was  present  at  that 
incetine. 
Mr  Enkine. — It  is  stated  that  the  moment 


*  See  his  trial  for  High  Treason,  <ia/^.  Vol. 

lor. 

\ 


83,  p.  11G7. 

tSee 
Volume 


847] 


35  GEORGE  III. 


Trial  of  Thomas  Hardy 


[848 


any  of  those  things  were  commimicatedf  tliey 
irere  to  be  a  signal  for  your  holding  a  con- 
vention at  such  a  place  F-^Yes. 

Bui  what  were  you  to  do  when  you  got  to- 
gether in  this  convention  ? — To  petition  par- 
Uanient  to  get  those  grievances  redressed. 

Mr.  Garrow. — That  gentleman  has  asked 
you,  what  you  were  to  do  when  you  should 
be  got  together  upon  the  summons  of  the 
delegates.  Do  you  mean  to  state,  upon 
your  oath,  that  you  had  the  least  apprehen- 
sion that  that  meeting,  in  a  Convention  of 
Emergency,  summoned  by  a  secret  com- 
mittee of  emergency,  was  for  the  purpose  of 
again  petitioning  parliament  ? — 1  would  never 
have  agreed  to  the  motion  upon  any  other 
terms. 

Do  you  mean  to  state,  upon  your  oath,  that 
vou  understood  that  the  resolution  which  I 
have  read  to  you,  and  which  I  will  read  again 
•^"  That  we  shall  follow  the  wholesome  ex- 
ample of  former  times,  by  paying  no  regard  to 
any  act  which  shall  militate  against  the  con- 
stitution of  our  country,  and  shall  continue 
to  assemble  and  consider  of  the  best  me:ins 
by  which  we  can  accomplish  a  real  represen- 
tation of  the  neople,  and  annual  election, 
until  compellcu  to  desist  by  superior  force.'* — 
Do  you  mean  to  swear  that  you  understood 
that  to  be  to  meet  in  such  convention  for  the 
purpose  of  again  petitioning  parliament? — I 
naid  no  other  idea.   ' 

Do  you  mean  to  state,  that  you  understood 
that  to  be  the  meaning  of  such  a  meeting  in  a 
Convention  of  Emergency? — I  understood  it 
to  be  that  some  people  should  be  authorized 
to  call  a  meeting  whenever  any  of  those  cir- 
cumstances should  take  place,  and  the  in- 
tention of  the  meeting  would  be  that  of  peti- 
tioning parliament 

That  the  delegates  were  to  hold  them<;clves 
in  readiness  to  depart  at  an  hour's  warning, 
for  the  purpose  of  again  petitioning  that  par- 
liament, which  they  had  already  petitioned 
without  success  ? 

Mr.  Gibl/s, — The  convention  never  had  pe- 
titioned parliament. 

Mr.  Attorney  General.-^It  has  been  dis- 
tinctly proved  in  evidence,  that  these  Scotch 
societies  had  stated  that  more  eflectual  means 
should  be  used. 

Mr.  G*66j.— Mr.  Garrow  states  that  the  ob- 
ject was  to  petition  again  that  parliament  which 
the  convention  had  before  petitioned  without 
eftcct — Now  I  am  not  aware  that  the  conven- 
tion had  petitioned  parliament. 

Ixtrd  Chief  Justice  E^c  — U  is  not  a  sub- 
ject to  be  debated,  but  it  is  perfectly  clear  that 
just  in  the  manner  in  which  the  question  was 
put,  the  fact  was  not  stated. 

Mr.  Garrow, — Do  you  mean  to  represent 
to  the  Court  and  the  Jury,  that  you  under- 
stood that  the  delegates  were  to  hold  them- 
selves in  readiness  to  assemble  upon  an  hour's 
notice,  in  order  to  petition  parliament  upon 
he  dispersion  of  the  convention  ?— 1  unaer- 

'KmI  that  the  delegates,  whenever  they  got 


information  that  a  convention  was  necessary 
to  be  held,  that  they  should  immediately  re- 
pair to  a  place  appointed. 

Do  you  mean  again  to  state  that  you  un- 
derstood the  purpose  of  that  second  con- 
vention, afUr  the  dispersion  of  the  first,  was 
to  petition  parliament  P — That  is  what  I 
mean. 

Let  me  see  whether  I  understand  you  dis- 
tinctly, for  God  forbid  I  should  misunderstand 
you,  or  endeavour  to  misrepresent  you — Yotk 
understood  that  theconvention  of  emergency, 
which  was  to  be  collected  by  the  committee 
of  emergency  upon  an  hour's  notice,  was  In 
petition  parliament  ? — I  never  would  have 
agreed  to  the  meeting  of  any  convention,  if 
thev  meant  to  oppose  parliament;  and  I 
understood  that  if  there  was  a  convention 
called  again,  that  they  certainly  wonld  peti- 
tion parliament  for  redressing  the  supposed 
grievances  which  existed. 

For  what  purpose,  after  the  dispersion  of 
the  existing  convention,  was  a  new  conven- 
tion of  emergency  to  be  called  by  a  committee 
of  emergency,  to  petition  parliament,  asyo»i 
understood  it  ? — I  understood  they  would  |ie- 
tition  parliament,  that  although  their  petitKHi 
was  rejected,  they  wotild  still  rontimir,  they 
would  not  throw  aside  the  notion  of  a  parlia- 
mentary reform  merely  from  the  rejection  ot" 
a  petition  or  two. 

So  that  though  the  first  petition  should  be 
rejected,  and  the  convention  dispersed  by 
force,  yet  you  understood  there  was  to  be  a 
committee  of  cmergonry  to  call  a  iicw  con- 
vention of  emergency,  and  so  j^  on  again 
petitioning,  though  they  should  have  tjficir 
petitions  again  rejected  r — 1  understood  tiiat 
the  Friends  of  the  People  meant  to  petition 
parliament  till  they  should  gain  their  end. 

Then  why  did "  not  the  sw/iety  of  the 
Friends  of  the  People  go  on  petitioning  par- 
liament, without  sending  dclegatr^  to  a  Bi  iti!>h 
Convention  for  the  purpose  of  effecting  thc^e 
reforms  ? — One  of  the  reasons  for  that  %vas,  it 
was  noticed  that  a  petition  for  ]>arliamentary  re- 
form did  not  specify  any  particular  reform,  and 
that  was  one  of  the  reasons  for  a  convention  as 
I  understood  it,  to  specify  the  particular  re- 
form in  their  petitions  that  they  wanted,  and 
likewise 

And  likewise  what? — I  do  not  recollect 
what  I  was  going  to  say. 

Arthur  AtEwan*  sworn.— Examined  by  Mr. 
Garrow, 

Where  is  your  place  of  residence  ? — At  the 
Water  of  l^Itli. 

Were  you  a  delegate  at  the  British  Conven- 
tion, which  assembled  at  Edinburgh  ? — Yes. 

Did  you  attend  the  meetings  of  tluit  con- 
vention ?— Sometimes. 

*  See  his  oxainination  on  the  trial  of  Robert 
Watt,  afdi.  Vol.  93,  p.  1967,  and  his  exami- 
nation on  the  trial  of  David  Downie,  p.  61  of 
this  Volume. 


Jiir  High  Treaton* 

Wef^  there  any  committees  for  the  purjwsc 
of  maoaging  the  business  of  Ibb  convetilioii  ? 
1  b«Hcve  llicpc  were. 

Arc  jou  now  sworn  according  to  the  man- 
ner in  which  you  usually  take  an  oath? — No. 

[The  witness  was  sworn  holding  up  his  right 
hand,  while  the  oath  \v^i  repeated,  instead 
oi'the  usual  form.] 

You  were  a  delegate  of  the  BritisI)  ConTcn- 
tion  assembled  at  Kdiiihurgh? — Yes. 

Were  there  any  comruiktces  of  the  conven* 

CBon  for  the  purpose  of  managing  lU  busl^ 
pt«9  ? — I  believe  Uiere  were, 
.  Did  they  from  time  to  time  report  to  the 
convention  ttiielf?— A»  to  that  I  do  not  re- 
neinher. 
i  Dq  you  remember  the  circumstance  of  the 
invention  being  dispersed  by  the  magis^ 
Irmtes  ? — Yes. 

AlUr  the  conventioii  was  disperf^d^  do  you 
remember  any  committee  being  formed  out  of 
t^  societies  ?— Yes. 

What  wtts  the  name  of  it  ? — There  wai  a 
Jaree  commillce  as^mbled,  as  I  saw  by  hand- 
biir«,  that  went  under  the  name  of  tiie  Com- 
mitt^-e  of  Union. 

Of  what  persons  was  thai  Committee  of 
Union  eompoacd? — 1  Cdunol  inform  you  as  to 
the  namefi. 

Was  it  eom posed  of  members  of  the  con- 
vention which  hdd  been  dispersed  ?»— Some  of 
them  were,  I  believe  some  were  DOl>  at  leubt 

Kr  auglit  I  kuow. 
Were  those  who,  as  (at  as  yon  know,  were 
i  irtfM,>».*  rsi  of  the  former  convention,  mcm- 
i  ociety  of  the  Friend?*  ot  the  People 

X  ;  -3^1  ? — 1  cannot  say  that,  because  I 
wai  not  formerly  uccmainled  with  them. 

Was  there  any  other  commiLtec,  otlted  a 
Comoiiltee  of  V\;iys  and  Means?— There  was 
another  eonnuiltce  clio^en  out  of  the  large 
ene,  which  went  tmdcr  the  name  of  a  8ub- 
cemmittee,  and  a(\er  that  it  was  ttyled  in  a 
phat«;d  paper  a  Com  t  nit  tee  of  Wav»  and 
Mewis ;  but  who  made  it  out  in  that  form  I 
Inowoot* 

Of  that  commitlee  which  was  called  tlie 

Conmitlee  of  ^\'ays  and  Means^  who  were  the 

ncnbm?— Mr,    .Siotk,    Mr.    Bowrke,    Mr. 

AHeheeon,  Mr.  Bonthron,  Mr.  Downie,  Mr. 

Watt,  dknd  myself* 

Du  vuii  remember  Walt,  as  a  member  of 

ttec  of  Ways  and  Means,  reading 

r  the  purpose  of  cfliecting  some 

mi  nirghf — Yes,  1  do. 

\  i  a  member  of  the  Briliah 

Cn,  -=Yes. 

\  the  plan  which  wa^  read  in  the 

'  1       I  (id  Mean«*  by  Mr,  Watl^ 

tid  who  WAS  H  member 

r  — ihc  purport  of  what  he 

fTA  I  cr,  od  I  tmnK,  ran  thus^tliat 

ll%i«, 

AUem)  to  mc  a  single  mvmcnt— do  you 
kmw  for  *4h;»t  purpofc,  in  particular,  you 
were aL  .i  the  tune  Umt  thi^  plan  wxs 

VOL 


D.  179** 


[850 


lead— was  it  for  answering  any  letter  ?— Do 
you  know  for  what  purpose  this  vt  ^  ,  ,  r  /n^ 
tec  was  chosen  ? — Tne  reason  oft'  is 

sub-committee,  as  far  as  I  can  uucici^L.nni  U, 
wa^,  to  look  into  the  circumstances  of  Mr* 
Skiivintj;  for  this  reason^  that  a  fortnight 
before  lucre  was  a  letter  read  that  came  from 
liim  by  a  man  on  that  large  committee,  inti- 
mating Uiat  there  was  due  to  him,  from  the 
Friends  of  the  People,  twenty  pounds,  and  he 
wished  they  would  make  gooa  that  payment 
to  support  his  wife  atid  family  when  he  tiad 
left  11  le  land  ;  that  was  what  J  conceived  the 
committee  was  appointed  for. 

In  that  Commjltce  of  Ways  and  Means, 
was  there  any  letter  which  had  come  to  the 
society,  or  aj»y  of  its  members,  which  pur- 
ported to  be  a  circular  letter  which  you  were 
then  met  to  answer  ?  Look  at  this  letter,  was 
this  letter  produced  in  the  Committee  of 
Ways  and  Means  ?— If  it  was,  it  was  not  in 
my  presence,  1  never  saw  it. 

Ac  a  Committee  of  Ways  and  Means,  Watt 
read  a  plan  ? — Yes. 

State  what  that  plan  was  which  Watt  read 
in  the  Committee  of  Ways  and  Means  ? — As 
far  as  I  can  recollect,  the  plan  nin  in  this  way — 
it  was  mentioned  there  to  seize  the  lord  justice 
clerk  of  Scotland,  and  the  rest  of  the  lords  of 
council  and  session,  and  the  lord  provost  of 
Edinburgh;  and  it  aho  mentioned  to  kindle 
a  6re  at  the  Excise-office  in  the  New  Town, 
uud  there  were  to  be  parties,  according  to  the 
way  tliat  he  read  that  ]>aj)cr;  there  were  to 
be  parties  stationed  at  the  Luckenbooths, 

Mr,  Jilrskine, — ^Mr*  Attorney  General,  t 
with  to  know  in  what  way  you  make  this 
evidence  ? 

Mr.  Aitorneif  General,— It  is  due  from  me 
to  state  to  your  lordsliips  how  I  shape  the 
case*  We  have  now,  as  your  lordships  recolr 
lecl,  proved  by  a  letter  on  the  17  th  of  May, 
179S,  from  Mr.  Ilardj,  by  a  Mr.  Urnuhart, 
who  was  then  goiug  to  Edinburgh,  inal  he 
sent  this  proposition  to  the  Convention  at 
Edinburgh,  to  as3t>ciftle  not  only  that  society 
with  the  London  Corresponding  Society,  but 
both  with  every  other  society  throughout  the 
nation— that  In  answer  to  that,  Mr,  Skirv'mg^ 
who  appears  to  be  the  secretary,  in  a  letter 
which  was  found  in  the  possession  of  the  piK 
soner  stales — **  If  either  you  iu  England,  or 
we  in  Scotland,  should  attempt  st^paralcly  the.  ,^ 
reform  which  we  seek  to  obtain,  we  shouk' 
by  so  doing,  only  expose  our  weak  nets, 
man  if  it  St  our  ignorance  of  the  fonuplioq 
which  opposes  our  important  undertukmg.—i  ^ 
If  we  sought  only  the  extirpation  of  one  set  of 
interested  men  from  the  Inana^ement  of 
3. .:'   ,   ,"■    :"  V   ■     '     '       i  ^"  *      - '   «'n  to 

>  xid- 

in  griicnil,  that  they  must  have  the  wholo^l 
mid  not  d  p  •-♦      "* '' ' -"  *"  ,L    ,...-  that  there 
might  be  !>le  Ihcni- 

selvcfi;   Ul :,;*(addre» 

sin;;  himself  to  thepriM»ncr)  **  w  asHiciatc^  at" 


^51^ 


35  G£ORG£  III. 


Trial  of  Th»nm  Ihirdif 


[899 


least  to  1)C  rca«ly  to  associate. — If  then  siich  a 
broken  stitc  of*  things  shoiilil  take  place,  the 
civil  broils   that   would    necessarily    ensue, 
troiild  soon  subside  before  the  united,  irre- 
nistiblo  voice  of  the  whole. — Do  not,  I  entreat 
you,  hcsistate,  thinking  such  a  work  prema- 
ture as  yet,  but  a  month,  and  then  it  may  bo 
too  late. — A  malignant  party  may  be  already 
formed,  and  only  waiting  for  the  halting  of 
the  present  managers ;  it  will  then  be  too  late 
to  seek  to  subject  to  deliberation,  alYer  a  party 
has  dared  the  act  of  rebellion.    If  you  go  no 
farther  than  separate  meetings  in  diitcrcnt 
towns,  we  will  not  be  able  to  confide  in  your 
confraternity,  because,  while  in  such  a  state, 
you  may  be  but  the  tools  of  a  faction— We 
could  have  all  confidence,  and  unite  with  all 
affection  in  one  assembly  of  commissioners 
froig  all  countries  of  the  world,  if  we  knew 
they  were  chosen  by  the  unbiassed  voice  of 
the  people,  because  they  would  come  up  with 
the  same  disinterested  views  and  desires  as 
utirsclves,  having  all  agreed  to  a  common 
centre  of  union  and  interest ;  but  we  could  not 
c<>nfide  in  fellow-citizens  who  kept  aloof  from 
such  imion,  and  would  not  previously  afHliate 
in  one  great  and  indivisible  family." 
Upon  the  23d  of  November,  1793,  a  letter 
4  was  written  to  Norwich,  by  tlie  prisoner,  in 
which  he  informs  the  society  at  Norwich, 
"  of  the  convention  called  and  now  sitting  in 
Edinburgh,  for  the  purpose  of  obtaining  a 
•peedy  and  radical  reform  in  the  system  of 
parliamentary  representiUon,    and  you  arc 
also  in  possession  of  the  circumstances  of  our 
bavinc   sent  two    delegates,  Margarot    and 
CcrraTd,  to  represent  our  increasing  society  in 
that  respectable  assembly.    The  Society  for 
Constitutional  Information  has  also  elected 
two  representatives,  Yorke  and  Sinclair,  the 
latter  only  of  whom  has  gone  to  Scotland  for 
thv  discharge  of  his  important  mission." 

Tlicn  he  slates  to  the  Norwich  Society,  that 
the  obj(|ct  of  the  present  letter  was  to  mform 
tliem  of  the  important  communications  which 
their  mission  had  produced;  that  it  had  dif- 
fused spirit  and  resolution  through  the  dif- 
ferent societies  in  Scotland  ;  that  there  must 
l>e  a  complete  union  for  the  recovery  of  their 
rights,  and  the  complete  renovation  of  the 
liberties  and  happiness  which  they  are  entitled 
to  as  men,  and  expect  as  Britons; — that  an 
increase  of  affection,  zeal,  and  confidence — a 
concert  of  permanent  union — a  free  communi- 
cation and  comparison  of  sentiments  and 
iiitentions,  mature  deliberation  and  mutual 
reliance,  arc  the  fruits  of  the  measures  adopted 
by  the  friends  of  liberty  in  Scotland,  and 
seconded  by  those  in  London  and  Ireland. 

Then  he  presses  the  Society  at  Norwich  to 
rouse  to  immediate  co-operation  with  those 
efforts  in  Scotland,  for  the  general  good — he 
is  desirous  to  awaken  them  to  a  sense  of  the 
importance  of  the  object  they  were  to  pursue, 
and  to  persuade  all  the  societies  in  England 
to  have  an  immediate  junction  with  this  i'ede- 
/atioQ.— And  then  he  desires  tbem  to  send  a 


delegate  of  their  own,  in  ord A  tliat  thev  may. 


by  a  general  union,  so  step  forward  and  avow. 
their  sentiments,  as  to  ensure  a  speedy  teraai- 
nation  of  the  war,  and  a  restoration  of  every 
richt  to  which  Britons  and  freemen  are.en-; 
titled. 

Your  lordships  will  give  me  leave  to  put» 
you  in  mind  also,  that  this  society  wrote  to 
Sheffield,  to  lx:eds,  and  I  think  to  one  or  two 
other  places,  to  send  delegates  to  the  convefi- 
tjon  in  Scotland  ;  they  did  send  delegates  tof 
the  convention  in  Scotland;  and  Skirving, 
whose  name  has  before  occurred,  appears  lor 
have  written  circular  letters  upon  the  arrival- 
of  the  delegates  of  the  two  EngUsh  aocietics, 
desiring  all  the  societies  to  come  together. 

Your  lordships  likewise  recollect  thai  "w^ 
have  given  in   evidence,   letters  that  were 
written  by  Hardy,  and  also  by  Margarot  axKl 
Gerrald,  who  were  delegates  in  Scotland ;  and 
likewise  letters  written  from  those  delegates 
to  Ilardy,  whilst  the  convention  was  sitting.   > 
Hardy,  in  a  letter  of  the  8th  of  November,^ 
1793,  says—"  That  part  of  your  letter  which 
mention'eil   your  visiting  different  towns  io 
Scotland,  for  the  purpose  of  promotii^  the 
cause ; — they  were  pleased  with  the  idea,  but? 
they  thought  that  it  could  not  be  put  in  prac- 
tice, on  account  of  the  necessary  supplies^ 
which  come  in  but  slowly." — Your  lordships 
will  also  find  that  there  was  tliat  solemn  re* 
solution  made,  which  has  before  been  men* 
tioned ;  and  from  the  proceedings  of  the  so- 
ciety, it  is  clear  that  they  had  even  laid  the. 
plans  of  future  conventions. 

Your  lordships  will  also  be  pleased  to  recol- 
lect that,  on  the  8th  of  December,  1793,  Mar- 
garot, who  was  then  in  Scotland,  writes  to  the 
secretary  of  the  London  Corresponding  So- 
ci<»ty,  a'  letter. — ^There  is  also  a  letter  of  ibe 
'i2d  of  December,  1793,  in  which  Margarot 
writes  Uiem,  to  come  to  very  strong  resolu- 
tions.— ^There  is  another  letter  of  the  24th  of 
December,  1793,  of  Skirving  to  Hardy,  in 
which  he  says — "  The  time  is  now  arrived,, 
that  we  must  show  ourselves  worthy  of  liberty, 
or  deservedly  lose  it; — the  opposition  of  our 
adversaries,  is  demonstration  of  tiie  propriety 
and  efficacy  of  the  means  which  we  have  em- 
ployed to  obtain  it." 

Then  upon  the  'iOth  of  January,  1794,  your 
lordship  will  also  recollect,  that  at  the  (ilobo-. 
tavern  ihcy  came  to  precisely  the  same  reso- 
lution, as  that  which  was  come  to  in  the 
convention  in  Scotland,  betbrc  that  conveo- 
tion  was  dispersed. — That  upon  any  uiotioD . 
in  the  House  of  Commons,  to  prevent  the 

Fcople  meet'm^  in  societies  for  Constitutional  * 
nformation,  the  convention  should  be  called 
immediately; — and   your  lordships  will  aliP 
recollect,  that  tliat  motion  was  communicated- 
from  Scotland  (after  the  magistrates  luid  in*  - 
torfered)  by  a  letter  which  has  been  ready- 
written,  I  think,  by  Margarot  or  bkirviugy-^. 
in  which  X\iey  state  that  that  resolution  was 
(x>me  to,  leaving  out,  *'  in  case  of  iuvasion.**— 
And  they  state  that  IctUrs  will  not  vM$ 
\ 


859] 


for  Higk  TretuoH. 


A.D.  nw. 


[6 


eoimntiiiicdte  all  they  have  to  say  upon  the 

After  the  disperaioo  of  the    tonvention, 

ItheFfii  icr 

i societies iij  11  :  luiutni 

cmnaiUteesof  Waysjii  '  1 'nion  : 

— J  Kt.v.^  M»erefurc,  1    ^u.......  ..v.^.iyJaid  a 

fcr  o  show  ihat  up  to  this  period,  all 

tti  lies  were  afliliated,  thai    is  tlic 

1:'  '  Scotch  Sockties ;  and  that  it  is 

ti  rlear,  whatever  convcation  was  lo 

be  called,  was  to  be  a  convention  hoth  orOie 
peoitte  of  England  and  Scotland, 

This  bein^  so  we  have  also  laid  before  your 
lordships  evidence,  of  virhich  1  will  say  tliia 
mily,  th»t  it  is  evidence  to  ^o  to  the  jury,  that 
tlie  ni^iliatcd  societies  in  London,  many  of  the 
fiK     *  !  them  were  providing  themselves* 

w  '-  and  pikes;  that  the  Shefiicld 

iri^,    vyUich  corresponded   as    well   with 
idand  as  with  London^  was  also  providing 
^V--....ih.  n  f  .v.,.1  ..ivcthal  I  am  atuhertv  to 
p!  c,thc  nrovidingof  prkes, 

lua  .    ^:  LG  of  pbuis  of  resistance 

to  the  govcniment  in  Scotland  at  the  same 
time,  precisely  upon  the  san»c  principle  as  if  we 
were  now  trying  what  would  he  a  much  more 
itianifeM  overt  act,  1  roestn  an  open  rebellion 
m  the  country ,-— I  conceive,  upon  the  prin- 
ciple laid  down  in  li>rd  lx>val's,  and  other 
that  there  could  not  be  a  particle  of 
bt^  that  if  1  )md  clmrgcd  an  open  act  of 

lUfUion  iu  England,  that  1  should  have  been 
entitled  to  shuw  that  in  fact  there  was  in 
^r  ^'  -  '  n other  armed  force  resistmg  the 
h  ^  there;   even  tlu>ugh  I  did  not 

f>\  ymmunicalion  by  letter  between 

t  to  make  U  probable  that  they 

V  (iiiio  u  ill,  o  ,r  h  other. 

,3,  that  this  is  evi- 
ii  V,  leaving  them  to 

j'  a  it  has. 

i'Cen  detained  here 
f-  ,  and  we  who  are  of  counsel 

<o.  ,  having  only  been  di«imisscd 

ffuTM  liiL  < unit  to  have  that  rest  which  na- 
tijTo    r«H]iurfs,    without   any    opportiuuiy  ot 


which  consti- 

in  the  catlM^. 

1   ;im  not  so  weJI 

,  nor  i:*  rt  |«jftsible 

i^n^uw  the  attorney-ge- 

ijn  vvhich  he  seems  to 

,   r>-nl     (l.rtunrrvrs    whicll 

1  him,  I 

I  or  ou^hl 

r  witJi  the  proceedings 

)ie  is  sought  to  he  in- 

Mce,  the  letter  which  the 

1  f^ad  from  Skirving- 

rat, -^In  Older   Uial    I 

r-ntirely  to  the  Court,  I 

>   Miind  that  we  have 

letter  which  was 

'  actually 

' i re  ular 


letter,  which  is  written  after  rcsohitions  which 
state  that  they  are  to  have  a  convention  y( 
the  iKoplc. 

Mr.    Erj^inc.—I    suppose    the    attorney* 
jjoneral  con  side  rs  it  only  as  cvidiince  ol  ihq 
fir*4t  branch. 
J\Tr,  Attorney  GentraL — Y'cs. 
Mr.  AVafcincr.— Then  we  will  admit  it. 
Mr.    Garrow    to   liPEwan, — I    believe    w6 
Icll  off  at  that  part  of  Watt's  jilan,  that  had 
stated  a  desicn  of  kindling  a  tire  at  tlie  Hxi 
cise-ofiice  in  tne  new  town'— Yes;  that  a  i^rn 
was  to  be  kindled  at  the  Excise-office,  and 
parly  of  men  to  be  stationed  at  the  LMcken^ 
booths,  a  parly  at  the  head  of  the  VVestbooth^ 
and  the  lire  was  to  draw  the  military  from  the 
gurrison. 

From   the    Castle    at    Eclinburgh? — Yea. 
When  they  came  down  past  the  booth^  th< 
men  that  were  stilioued  upon  the  head  of  thi 
booth,  according  as  his  plan  ran,  they  were  I 
come  in  behind  them,  and  the  men,  Mat  tone 
at  the  Luckcubooths,  were  to  take  them  in  th| 
front,  and  so  inclose  them  between  two  par^ 
lies;  as  far  as  I  could  understand  the  pape 
read  to  us,  there  were  different  parties,  as  wa 
mentioned,  who  were  to  seize  the  ditfcrea 
banking-houses  in  Edinburgh,  and  cotnmia 
sioncrs  were  to  be  appointed  for  to  go 
demand  the  cash  from  ihie  banks :  that  is,  i 
far  as  I  recoUect,  the  purport  of  that  pape 
which  he  read  at  that  time. 

Of  whom  were  those  several  parties,  whidf 
were  to  be  thus  stationed,  to  be  compObcd  i*- 
I  do  not  know;  1  know  not  a  single  ind 
virtual. 

What  sort  of  persons,  or  belouging  to  wh^i 
sort  of  societies  or  coram ittecs  were  ihey  tg 
he? — What  I  thought  upon  by  his  plan  wa% 
that  he  meant  it  to  he  <lonc  by  the  Trienda 
of  the  People :  hut  at  the  same  lime  I  did  not 
know  a  fiingl*'  mdividual  that  wat^  to  engage 
in  such  an  affair. 

Lord  Chief  Justice  Eifre^ — Did  he  say  whd 
the  people  were  that  were  to  execute  imsf — 
He  aid  not, 

Mr,  Gar  row. ^Thh  plan  of  Watt's,  I  unde 
stand  you,  was  read  at  a  meeting  of  the  coq 
mittee ? — Yes;  but  I  look  upon  it  to  be  total  _ 
drawn  up  by  himself;  I  never  saw  it  till  thai 
night  when  he  produced  it. 

How  many  membcri  of  the  grand  com- 
mittee might  be  present  when  \\  atl  read  iiii^ 
first  plan  P — There  were  five,  I  think;  u  Mr. 
Stock,  myself,  Watt,  Downie,  and  lionthron. 
Of  how  many  viras  the  ctimmitlcc  of  Ways 
and  Means  coinposcd  ? — Of  seven  allogethc/. 
Ho  that  there  were  five  ou|  of  those  i^eveA 
present? — Yes, 

When  Wfttt  read  this  paper,  what  pufised 
upon  il  in  the  committee  ?— No  further  pasietl 
upon  it  than  that  I  objected  to  it»  as  ^oon  as 
I  understood  he  had  done  reading  ;  [  said  I 
would  by  no  means  agree  to  any  thing  that 
was  la  disturb  the  peace,  <v\  vW\  \«:\^^^  \k* 
ahed  the  b\^>ud  ol  \w$  ^\i^xv^x^\SlXXi\  '^t  ."^was 
thtuft  a^fced  alon]^  n?\V\v  to^  \  N^i^  «b^i  Vl^ 


855]         35  GEORGE  UL 

aeaxis ;  and,  fiading  we  made  opposition  to 
[tb'dt  paper,  there  was  no  farther  coiumeDt 
^niaile  upon  it 

Do   \ou   rcmrmber,  at  any   other    tune, 

[  Jlr,  Wutl    producing  cither  the  same  plan 

hhh  m\y  colaigcnieal,  or  any  new  plan  or 

theirtc,  for  any  thing  lo  be  put  in  execution 

^Bt  Kri  in  burgh? — I   jeniember  ius  reading  a 

apcr 

^fV  h(^n  ?— ^ne  of  the  last  times  that  I  was  at 
that  cofnmittee ;  the  last,  or  last  but  one ;  I 
not  po!»ilivc  which. 
Him  many  pen»ons  were  present? — I  can- 
ol  tccollect ;  but  it  was  on  a  night  when  the 
f  commjliee  used  to  meet. 

The  great  or  subcommittee  f — ^The  sub* 
l^cmimitLce, 

What  was  the  plan  proposed  by  Watt  at 
|hat  ^ub-cammitlee  nieeting?— It  was  rather 
i  copy  of  a  proclamation^  as  I  collected  it, 
prohibiting  all  farmers,  dealers  in  corn,  meal, 
9f  hay,  to  remove  the  same  from  tlieir  respec- 
%c  places  of  abode,  under  pain  of  death. 

Lord  Chief  Justice  £yrc.— Were  you  pre- 
en t  at  that  meeting  too  ?— Yes, 
I^rd  Chief  .Tustice  Eyre, — How  soon  was 
that  after  tlie  iirsl? — I  could  not  recollect ;  I 
bink  1  was  ouly  five  nights  at  that  committee 
1  together. 
Lord  Chief  Justice  Ei/rt, — Was  it  the  next 
light  after,  or  later? — I  rather  think  it  might 
Ttwo  weeks  after  that. 
Mr.   G arrow. — ^This    procianiation   forbids 
ikll  farmers,  dealers  in  corn,  meal,  or  hay,  to 
the  same  under   pain   of  death? — 
fes;  and  also  to  all  gentlemen  residing  in  the 
untn*,  not  to  leave  their  respective  habita- 
>  foTSL  greater  distance  than  three  miles, 
under  the  same  penalty  ;  these,  as  far  as  1  can 
ecollect.  were  the  contents  of  that  paper. 
^  Was  tJiere  any  thing  in  that  adnrcss  rela- 
tive to  his  m^esty? — On  the  other  side  of 
Ihc  paper  there  was  a  copy  of  an  address  to 
'tis  majesty. 

For  wUiil  purpose  f — Ordering  hira  lo  dis- 
liniss  his  present  ministers,  and  to  put  an  end 
^  1  this  bloody  war,  or  he  might  expect  bad 
Dnseqyences ;  it  either  ran  this  way— that 
Pf^  ■    - -'if    expect  bad  consequeuceS|   or  he 
ji  lie   by  the  consequences;  I  could 

[li^.,  ..u.^;. inland  which. 

When  waH  this  proclamation,  according  to 

Walt's  representation,  in  that  committee,   to 

Tjc  carriea   into  ex  ecu  tton?— The  paper  mca- 

tioDcd,  [  think,  titat  thin  copy  of  an  address 

iras  to  be  sent  lo  hit  mi^esty  the  morning 

"lt  the  attack. 

Was  the  attick  that  you  descril^,  the  draw^ 
ng  the  soldiers   from  the  Cattle,   6cc.?— I 
ould  look  ujiou  it  in  no  other  light  than  Uiat 
this  was  lu  strrngiben   that  pbu)  which  be 
^  ad  read  i      '  iiec, 

W»*   it  .   la   the  com- 

itlttcc*  wii.it  y^,xs  v>  ui  uuii*;  willi  tliose  hoU 

).  when  Ihcy  should  be  so  surrounded  ?— 

io. 

Nor   H  ;gi&tiate:>.^-i'IIe  did  not 


TVfol  ^  Thomas  Hardif 


[856 


Upon  his  proposing  the  second  plan,  what 

parsed  about  itr—Therc  was  nut^tv^  -  •-  -  cd 
upon  it,  for  when  he  had  read  t!i  \ 

said,  Mr,  Watt,  these  ttung^  do  uui  i.^.i^ng 
to  tiic  cause  of  reform,  and  I  would  by  no 
means  agree  to  any  sucli  things. 

Had  you  been  a  member  of  the  BriliiU 
Convention  at  Edinburgh? — Yes. 

Were  you  present  at  the  passing  of  any  qX 
their  solemn  resolutions  ?— No ;  I  was  not 

Do  you  know  a  person  of  Ihc  name  ol 
Orrock  ?— Yes, 

Do  you  know  of  any  order  be  re  '  '  -m 
Watt  to  form  any  onensive   ui^'  of 

any  sort? — Yes;  Mr.  Watt  calle<j  upon  me 
one  day,  and  wished  me  to  take  a  walk  to 
Robert  Orrock's ;  when  I  went  there,  he  told 
him  tliat  he  wished  him  to  make  sooie  pikes, 
and,  as  far  as  I  can  recollect,  Orrock  drew  a 
model,  upon  the  table,  or  something. 

What  trade  is  Orrock  ? — A  smith* 

Did  he  reside  In  the  neighbourhood  of 
Edinburgh  ?— Yes,  within  a  mile.  He  skclcb* 
ed  it  out  ufKPna  slate,  or  upon  a  board  ;  be  said 
he  had  four  Uiousand  to  send  to  Perth,  besides 
what  he  had  to  distribute  about  Edinburgh  | 
that  was  all  that  I  remember. 

Do  you  know  that,  in  point  of  fact,  Oitock 
did  make  some  pikes  for  Watt,  in  consequeoct 
of  that  order?— I  only  knew  it  since  Orrock 
was  in  confinement 

Do  you  know  of  any  having  been  found  ia 
Watt's  or  Orrock's  bouses  ?--I  never  saw  oott 
of  them. 

You  mentioned  a  person  of  the  naxnt  oC 
Stock,  who  was  present  at  this  last  meeting  bI 
which  you  and  Watt  were  present  ? — Yes, 

Did  Mr.  Stock,  at  that  lime,  mf^iitiun  any 

Ijlace  to  which  he  was  going  ?^  I  t  ei 

te  did ;  he  said,  as  far  as  I  can  r(  i  :ia| 

he  was  either  going  to  London,  or  to  Briatoh 

Did  he  mention  any  (person  in  Londoo  ia 
particular  upon  whom  he  intended  to  wait,  ill 
order  to  establish  a  mode  of  rorrcspondenee 
withMr.  Watt?— He  saii  by  desire  of  Mr. 
Watt  that  he  would  wait  upon  Mr-  iUidyi 
Mr.  Watt  sending  a  letter  along  with  him  19 
Mr.  Hardy. 

For  what  purpose  was  he  t-^  •*'"'- ^  t:-^-^  Mu 
Hardy  ? — As  far  as  I  could  u  Mr, 

Stock    said  he  would    take  ^  i  'Ir. 

Hardy,  and  that  he  would  do  cvi  in 

his  power  toestabUsh  a  correapui  ii  .  be- 
tween the  two. 

What  two  do  you  mean,  Hardy  and  Watt  ? 
— Yes,  as  far  as  I  understx*od  him. 

Do  you  remember  Stork  writifi|  ao^ 

then,  as  a  plan  of  c<^^      uce 

himself  and  any  other  ^  \  re 

he  took  a  sheet  of  papei^  i\^  . 
marked  upon  one  stdc^  the  j 
iny    '    ■■■■•  -■  ,■'"''   ■  •'  ^  ^  .  ■ 


cd  to  curreapoud  la  a  »afe  mctlMti  aM  fit 


iciriL'traiaia 
of  it 
*'-rb©fer? 
elwccii 


Jbf  High  Treason. 

gavr  Itim  this  as  a  plan  how  he  might  corrc»* 
ponti  in  safely ;  ihat  wa!»  the  ptaii  he  inea- 

Wail  any  thing  said  a\  that  tneciing  of 
Stock's  calling  again  upon  W*ttl  un  ttie  Mib- 
JGCt  of  his  goujg  10  I^odon  ? — Walt  saiil  if  be 
Lxhl  call  upon  him  U€Xl  day,  h€  should  liavc 
lelier 
ri>id  you  ^<p  any  thing  more  of  Slock  f* — I 
pvrr  say  aoy  thing  more  of  htm  after  tUut. 

Arthur  M'Ewttn  cross^samined  by  filr, 
Enkine. 

Wliciher  any  letter  was  ever  wriUcn  to  Mr. 
rdy  you  do  uat  know  ? — No. 

,()r  whether  Mr.  Hardy  ever   dcaircil  his 

irr<^'?oondtnce  you  do  not  know? — I  know 
n  ^ut  it. 

u  n  member  of  the  Society  of  the 
Friendji  uf  the  People  in  Edinburgh  ? — I  was, 
of  a  society  at  the  Water  of  Lcilh. 

What  was  thi^  sub^committee  at  which 
Watt,  Downie,  and  other  persons  attended  ? 

>A  siib-committee»  which  I  looked  upon  to 
for  the  purpose  of  looking  into  the  fitmnoes 

Mr.  Skirvin^,  for  this  reat^on^  thai  Skirving 
had  wrot«  a  letter  that  there  was  twenty 
fKmodi  owing  to  bim. 

What  was  the  object  of  yowr  society  ? — A 
parliamentary  reform. 

What  number  did  your  society  consiat  off 

EK»I  buppose  about  twenty. 
E Were  you  in  the  convention  ? — YcB. 
■  How  many  of  the  meetings  did  you  attend 
In  the  convention  when  it  sat  ? — I  could  not 
MV;  I  might  be  half  a  dozen  nights  there. 
KWere  you  there  when  H  was  dispersed? 
Pien  the  magistrates  came  in  ? — Vcs. 
During  all  llie  time  you  attended  this  con* 
vcntion,  did  you  ever  hear,  from  any  of  the 
aaenihers^  any  ^uch  talk  a^  Watt  indulged 
blBuelf  in  Hi  the  coiumtticef'— Never. 

Would  you  have  *tet  your  fool  into  the  con- 
vention il  Wall,  or  any  body  ehe,  had  been 
talking  ol  vr- '.  -  --fMi  the  judges  and  send* 
tn^  an  ad<j  i  king  ? — No. 

^^_  You  woul^  .  „i  :,avc  done  such  a  things 
^^Btmld  you  ^ — No. 

^^■Wa^  tliere  any  thing  of  that  sort  IB  the 
^^KHkveulion  7 — No. 
^H^  You  never  saw  any  thing  of  tliat  soirt.^ — 

■K  From  all  you  ever  saw  or  heard  of  the  mem* 
'      ben*  there,  what  do  you  t)eUeve  the  conven- 
tion met  to  do  > — As  far  as  I  could  under- 
stand it,  they  met  to  obtain  a  partiameutary 
reform. 

How  did  you  understand,  from  the  general 

conv^r^liou  and  debutes  in  the  society,  that 

t  to  set  about  obtaiuing  tiiat  f— By 

ion*  » 

sot  you  recollect  it  was  taid,  that  al* 

;h  parJiameat  might  not  l>e  disposed,  as 

not  bLiii  disnoscd  to  listen  to  patitious 

-  n^  when  no  speci&c  plan 

,     rd,  yet  if  a  vast  nimiber 

thfi  people  oi  England  were  toagroeupon 


A.  D.  179**  [858. 

a  plan^  atid  point  It  out  to  the  attention  of  tfa 
i»arUamoni>  very  probably  it  would  meet  will 
better  success?— I  do  not  reinuniber  that. 

Were  they  to  liavc  petitioned  that  nighl 
or  how  was  that  to  bo  done? — That  vei 
night  whmi  the  convention  was  dispersed,  i 
was  to  have  come  under  consideration ,  eitbi 
to  petition  the  House  o(  t/oiaoiousy  or  ttj 
King,  as  '  I  uliect, 

lA)cd  t  fcr. — Mad  there 

any  notice;  ^riv.n  m  -ucii  a  motion? — Ui 
given  the  night  t^elurc,  a»  far  a^  I  heard. 

Mr.  Erikitte.-^You  heard  so  inthcconve 
tion? — Ye^, 

Lord  Chief  Justice  Evre. — Do  not  you  co, 
found  that  with  nn  Address  to  the  Nation f-< 
1  do  not  recollect  that. 

Mr.  Ertktue, — Have  you  seen  the  bo 
lately?— No. 

Or  heard  them  read  ? — No,  1  never  put  | 
to  papi'T  upon  the  subject ;  i  never  corn 
ponded  with  any  man  upon  the  subject* 

Of  how  many  did  the  convention  consisi 
— I  could  not  say. 

But  of  how  many  do  you  suppose  they  co 
sisted  ?— Near  two  hundred  I  dare  say* 

Had  you  ever  any  arms  ? — I  never  saw  < 

In   any  of  the  debates,   that  took  pla 
among  the  members  of  timt  convention, 
it  ever  proposed  tltut  they  should  arm  then 
selves  to  overturn  the  government  ? — 1  ne 
heard  it. 

Was  any  thing  said  to  tliat  effect  in  III 
convention  } — i  never  heard  it  in  the  convc 
tion. 

Was  it  ever  proposed  that  they  shouW  ha 
arms  J  n  order  to  (ietend  themselves  against  xk 
magiiitracVt  and  to  insist  upon  making  Ufl 
instead  of  the  parliament  ? — ^I  never  heard  of 
arms  in  one  place  or  another,  till  Watt  asked 
me  to  go  tiiat  day  to  Mr.  Orrock*s, 

Did  Walt  ever  say  any  thing  of  that  sort  in 
the  convention  when  you  were  there  ? — I  do 
not  know* 

Was  he  a  member  of  the  convention  f— 
That  I  do  nut  know  any  thing  about.  I 

M  soon  as  Watt  mentioned  this,  you  say 
jou  rejected  it  witlt  indianation  ? — Yes^  Mr. 
Bonlhroo  and  me  r^ectcd  it 

What  6ort  of  people  did  your  society  con- 
sist of? — Working  people. 

In  your  society  was  it  ever  proposed  or  rir« 
tttted  among  you  to  overturn  the  govera- 
meot  ?— No* 

What  sort  of  a  reform  was  it  you  wanted  '' 
•«*The  reform  most  of  them  spoke  of  was  nni- 
rersftl  suffra^  and  annual  parliaments ;  some 
were  of  that  way  of  tliinking,  some  for  trien- 
nial narliameotSyai  settled  al  the  (ievoluiliiTi 

What  did  yoa  understatid  by  nmversal 
•uifrage? — ^The  people  at  large  to  hzrve  the 
choice  of  their  repreaematives^  j 

Was  it  ever  ddiaied,  or  was  it  ever  pn^  I 
poaed  that  the  king's  penoii  or  hit  Ihrone  \ 
were  to  be  touch^? — 1  never  heard  that  ^ 
mentioned. 

West  ^oa  V^  ^^Qym  ^  «il  ^\K\Vo»^>a^ 


859J         35  GEORGE  III. 

the  House  of  Lords,  or  any  thin^  of  that  sort  f 
— No,  to  petition  the  House  ot  CommoDS,  or 
the  King. 

Arthur  M^Ewan  reexamined  by  Mr.  Carrow. 

What  was  the  Committee  of  Union  for? — 
I  can  give  no  information  as  to  that. 

Upon  your  oath,  was  not  the  Committee  of 
Union  after  the  dispersion  of  the  British  Con- 
vention, for  tlic  purpose  of  establishing  a  new 
convention,  a  convention  of  emergency? — 
Upon  my  oath  I  never  heard  at  all,— I  never 
vas  in  it  but  that  night  when  the  letter  was 
read  from  Skirving.  I  was  never  in  it  but 
that  night  I  mention. 

•  Oh!  then  a  sub-committee  formed  out  of 
the  Committee  of  Union  ?— The  first  night  I 
vras  in  that  committee,  which  is  styled  a 
Committee  of  Union,  that  letter  was  read 
from  Skirving: — ^the  next  night  again  I  was 
appointed  a  member  of  this  sub-committee, 
and  what  was  going  on  in  that  Committee  of 
XTnion  I  know  nut 

Do  you  mean  to  represent  that  the  purpose 
of  the  committee  of  Union,  as  well  as  that  of 
Ways  and  Means,  was  only  relative  to  Skir- 
ving's  letter  about  his  own  finances. — I  ask 
you  was  it  not  for. the  purpose  of  establishing 
A  fund  for  a  new  convention  ? — All  the  trans- 
actions I  ever  saw  was  in  that  light. 

You  can  give  no  accoinit  what  the  Com- 
mittee of  Union  was  for? — No,  I  was  never 
in  but  that  night  that  I  was  appointed  a 
member  of  the  sub-committee. 

You  would  not  have  gone  into  the  conven- 
tion, if  you  had  had  an  idea  of  employing  any 
force,  or  touching  the  king's  majesty,  or  at  all 
encroaching  upon  the  constitution,  or  produc- 
ing in  short  a  reform,  but  by  peaceable 
means  ? — No. 

Did  you  know  that  your  convention  had 
resolved: — "That  this  convention,  consi- 
dering the  calamitous  consequences  of  any 
act  of  the  legislature,  which  may  tend  to 
deprive  the  wnole,  or  any  part  of  the  peo- 
ple of  their  undoubted  right  to  meet,  either 
by  themselves,  or  by  delegation,  to  discuss 
any  matter  relative  to  their  common  interest, 
whether  of  a  public  or  private  nature;  and 
holdiug  the  same  to  be  totally  inconsistent 
with  the  first  principles  and  safety  of  society ; 
and  also  subversive  of  our  known  and  ac- 
knowledged constitutional  liberties  ;  —  do 
hereby  declare,  before  God  and  the  world, 
that  we  shall  follow  the  wholesome  example 
of  former  times,  by  paying  no  regard  to  any 
act  which  shall  militate  against  the  constitu- 
tion of  our  country ;  and  shall  continue  to 
assemble  and  consider  of  the  best  means  by 
which  we  can  accomplish  a  real  representa- 
tion of  the  people,  and  annual  election ;  until 
compelled  to  desist  by  superior  force''  ?— I  do 
not  remember  any  such  tning. 

Do  not  you  know  that  with  creat  solemnity 
the  convention  had  come  to  that  resolution  ? 
»— No,  I  do  not  know  that. 
.  -  Did  you  no(  l^now  that  the  conveptionhad 


Trial  of  Thomas  Hardy 


^S» 


resolved,  that  in  certidn  emergencies,  they 
should  declare  their  sittings  permanent? — 
No,  I  did  not  know  that  neither. 

Nor  that  it  should  be  constituted,  and  pro- 
ceed to  business,  as  soon  as  twenty- one  should 
be  met  ? — ^No. 

Did  you  not  know  that  the  convention  ro* 
solved  that  the  delegates  were  to  hold  them- 
selves ready  to  depart  at  an  hour's  warniu<;, 
and  to  repair  to  the  place  of  meeting  ap- 
pointed by  the  committee  of  emergency. — 
Did  you  ?— I  have  heard  of  tliat,  but  only 
know  of  tliat  by  hearsay. 

You  have  heard  the  delegates  were  to  meet 
at  an  hour's  notice  ? — I  heard  it  mentioned 
that  they  were  to  have  another  convention, 
and  that  the  society  were  to  get  inlbrmation 
respecting  that  other  meeting. 

That  they  were  to  be  furnished  with  in- 
formation ?— That  they  were  to  get  informa- 
tion. 

Who  was  to  furnish  them  with  it  ?— I  do 
not  know. 

Upon  your  oath,  do  not  you  know  it  was  tov 
be  a  convention  of  emergency  ? — No. 

The  purpose  of  this  new  convention,  I  take 
it  for  granted,  was  only  to  petition  parliament 
for  a  reform  ? — ^That  was  the  purpose  of  the 
society  I  belonged  te. 

And  that  was  to  be  the  purpose  of  the  new 
convention  ? — I  could  not  say  as  to  that  at  all. 

This  gentleman  has  ^t  you  to  say,  that 
you  would  not  have  remained  for  a  momcut 
in  the  convention,  if  you  had  had  the  idea  of 
any  force  being  employed ; — upon  your  oath, 
how  came  you  to  attend  a  second  meeting  of 
the  sub-cotimiittee,  with  Watt,  who  had  pro- 
posed a  plan  for  drawing  down  the  soloiers 
from  the  castle,  in  order  to  have  them  sur- 
rounded by  the  Friends  of  the  People,  and  for 
I  carrying  that  first  plan  into  execution  .^— How 
came  you  to  meet  him  at  a  second  meeting, 
when  he  was  enlarging  upon  that  plan  ? — I 
did  not  know  that  he  woulu  repeat  it  again. 

Did  you  |o  and  inform  any  magistrate  of 
such  a  plot  ? — No,  but  I  informed  the  sheriflf. 

Did  you  inform  the  sherift*  of  the  first  plan, 
before  Watt  communicated  the  second  ? — 
No. 
'      Lord  Chief  Justice  Ei/re. — You  are  asking 
'  this  man  to  go  the  length  of  convicting  him- 
I  self  of  high  treason. — I'he  Court  oughtto  take 
I  care  in  the  examination  of  a  witness,  that  he 
is  not  called  upon  to  accuse  himself. — He  is 
upon  very  perilous  sround.     I  am  not  quite 
sure  that  you  would  be  permitted  to  make  use 
of  a  man's  evidence  against  himself  so  ob- 
tained, or  I  would  not  have  permitted  it  to 
have  gone  on- so  long. 

Mr.  G arrow. — It  has  been  examined  to  on 
the  other  side. 

Lord  Chief  Justice  Eyre, — It  is  difficult  to 
say  that  a  question  should  be  asked  on  one 
side,  which  should  not  be  controverted  by  ex- 
amination on  the  other  side  ; — witnesses 
theretbre  should  understand  to  what  they  sub* 
jcc^  theiQaelves. 


861] 


J6f  High  Treasofi. 


A.  D.  17M. 


{962 


M*EKan,-^^y  Lord,  I  am  not  acquainted 
with  these  things,  and  I  hope  your  lordship 
will  protect  me. 

William  Middleton  sworn — ^by  holding  up  the 
hand,  Examined  by  Mr.  Garrow. 

Did  you  search  the  house  of  Watt,  who  was 
executed  at  Edinburgh  P — Yes,  I  searched  his 
house  upon  tlie  15th  of  May  last. 

Did  you  find  any  pikes  in  his  house  ? — 
Yes. 

Mr.  Erskinc-^This  was  afler  Mr.  Hardy 
was  taken  up. 

Mr,  Attorney  General. — It  has  now  been 
spoken  of,  that  Watt  gave  orders  for  pikes — 
we  shall  be  able  to  prove  bv  the  time  at  which 
the  orders  were  given,  that  it  was  before 
Hardy  was  apprehended. 

Lord  Cliief  Justice  Eyre, — ^That  cannot  be 
admitted. 

[The  Court  was  about  to  adjourn.] 

Mr.  Erskine. ^"My  lords  this  is  the  fourth 
day  that  my  friend  Mr.  Gibbs  and  myself, 
have  stood  undoubtedly  in  a  very  anxious  si- 
tuation ; — there  has  been  a  most  voluminous 
body  of  written  evidence,  all  of  which  has  not 
been  printed  ; — copies  of  that  part  which  is 
unprinted,  have  not  as  yet  reached  me : — 
there  have  been  two  days  spent  in  hearing 
parole  evidence  ;  and  we  being  but  two^Us- 
signed  as  counsel  for  the  prisoner,  have  been 
obliged  constantly  tu  be  engaged  in  court,  in 
cross-examining  the  witnesses  for  the  crown  ; 
^-and  your  lordships  very  well  know,  that  the 
crossrexaroination  of  tiie  witnesses,  presents 
a  great  feature  of  our  case  on  the  part  of  the 
pnsoner. — A  great  deal  of  that  has  fallen 
Upon  ine  : — your  lordships  must  be  sensible 
it  is  impossible  I  could  at  the  time  of  cross- 
examining  a  witness,  take  any  particular  note 
of  what  he  has  said. — When  the  evidence  for 
the  crown  was  near  closing,  as  I  thought,  I 
humbly  requested  of  your  lordships  for  the 
indulgence  of  an  hour  or  two  to  look  over  the 
papers ; — your  lordships  were  pleased  to  grant 
injr  request,  which  I  considered  as  a  personal 
civility  to  myself. — I  was  prevented  by  ex- 
treme sickness,  from  availing  mvself  of  those 
two  hours,  for  I  was  extremely  ill,  and  nothing 
less  than  a  case  of  this  magnitude  could  have 
brought  me  into  this  court. — Since  that  time 
X  have  not  had  natural  rest,  for  I  have  not  got 
home  till  between  two  and  three  o'clock  in 
tlie  morning,  and  have  been  here  again  at 
nine ;  so  that  I  can  say,  with  a  safe  conscience, 
I  have  not  had  an  opportunity  of  casting  my 
eye  upon  any  part  ot  the  evidence,  though  I 
trust  I  have  something  of  the  general  result 
of  it  in  my  mind. — I  should  hope,  under  these 
circumstances,  tlic  prisoner  may  be  indulged 
with  some  opportunity,  for  my  friend  Mr. 
Gibbs  and  myself,  to  arrange  our  papers,  and 
ccAsider  them  together  as  counsel  for  the  pri- 
■OOM',  before  we  are  called  upon  to  make  our 
dfience  :^and  it  is  necessary  to  do  this,  not 
for  my  address  to  the  jury  only;  but  it  is  ne- 


cessary when  I  address  the  jury,  that  I  pre- 
sent them  the  prisoner's  case,  that  depends 
much  upon  the  arrangement  of  the  evidence  ; 
— and  1  feel  myself  in  no  condition  to  do  this, 
either  in  a  manner  that  is  respectful,  or  fit  for 
the  Court,  or  for  the  safety  of  the  prisoner.— I 
do  not  wish  to  impose  any  particular  time,  but 
merely  to  leave  it  to  the  indulgence  and  jus- 
tice of  the  Court,  perfectly  sure  when  I  leave 
it  there,  I  leave  it  in  a  safe  place. 

Lord  Chief  Justice  Eyre,— I  feel  the  weight 
of  your  observations,  of  the  difficulty  under 
which  you  labour,  hi  an  extraordinary  case, 
which  can  hardly  be  judged  of  by  the  common 
rules  on  which  we  proceed  in  cases  of  this 
nature; — the  Court  are  of  a  disposition  to  give 
you  all  the  indulgence  they  possibly  can,  be- 
cause there  is  a  vast  mass  of  evidence;  the 
case  arises  out  of  the  evidence,  and  it  is  fit  the 
case  should  be  thoroughly  canvassed. — At  the 
same  time,  it  is  certainly  notorious  that  the 
great  bulk  of  that  evidence  has  been  in  print 
a  great  while,  and  I  cannot  believe  that  it  has 
not  been  very  well  considered  as  far  as  it  has 
been  in  print. — I  am  sure  that  must  be  ui^ 
dcrstood. 

Now  I  will  tell  you  very  fairly,  if  the  ques- 
tion were  only  the  personal  accommodation ' 
ofyourselfand  Mr.  Gibbs,  at  the  expense  of 
the  personal  convenience  of  myself,  my  lord, 
and  my  brothers,  I  am  quite  sure  we  should 
have  no  difficulty  in  the  sacrifice  of  our  per- 
sonal convenience  ; — ^but  there  is  a  great  deal 
more  in  the  case, — we  have  a  jury  wlio^hav^ 
been  thrown  into  the  most  arduous  service- 
that  ever  I  saw  a  jury  engaged  in :  they  hav^ 
borne  it  in  a  manner  that  does  them  infinite 
honour,  and  I  have  no  doubt  but  tliat  as  far  as 
it  is  necessary  that  they  should  continue  in 
the  situation  they  are  in,  that  they  will  bear 
it  chearfully. — I  have  seen  such  a  specimen 
of  their  behaviour,  that  I  cannot  entertain  a 
doubt  of  that; — but  that  we  could  gite  you 
an  absolute  suspension  of  the  business  in  the 
situation  that  we  are  in,  upon  the  terms  of 
keeping  the  jury  in  the  situation  in  which 
they  must  be  kept,  is  a  thing  that  it  is  per- 
fectly impossible  for  us  to  think  of.  Now 
this  occurs  to  me ;— my  brothers  will  con- 
sider of  it ;— I  merely  throw  it  out  for  their 
consideration. — You  are  men  of  honour,  you 
will  tell  us  whether  you  really  do  mean  to  call 
witnesses,  or  to  take  the  case  upon  the  ground 
upon  which  it  is  aheady  made :— If  you  mean 
to  call  witnesses,  you  may  call  them  to-morrow ; 
vou  may  go  on  with  tlic  case  as  far  as  it  will 
be  necessary  for  you  to  go  on,  to  fill  up  all  the 
time  that  ought  to  be  filled  up,  leaving  only  a 
p:irt  of  Sundaj',  the  common  mter\*al  of  rest, 
without  our  keeping  the  jury  in  a  situation  to 
do  nothing. — If  you  do  not  mean  to  call  wit-  ■ 
nesses,  but  mean  to  leave  the  case  with  the 
observations  which  arise  upon  the  evidence 
that  is  before  the  Court,  we  will  go  as  far  as 
we  can  ;— but  if  witnesses  are  to  heciJAftA.>» 
and  you  desire  uoX.  to  2A<\\«»  >^ub  vw^  \s!M«»- 
diaiely,  you  mvibl  *uiMK«;Cic»\)^^  Vi\B^  ^ 


86S] 


35  GEORGE  III. 


Ttm!  of  Thomai  Hardy 


[BSt 


amine  your  witnesses,  as  soon  as  Uiey  have 
dosed  on  the  irart  of  the  crown;  and  BlI  up 
the  time  that  will  intervene  between  that  time 
and  the  lime  when  you  will  be  ready  to  go  on 
with  your  address  to  the  jury. — \n  that  way  I 
think  we  shall  put  the  jury  under  no  unneces- 
sary hardships,  because  whether  thcv  hear 
the  witnes?jes  before  or  after  the  speech,  is  a 
matter  of  no  importance  to  them. 

Mr.  Erskine, — I  should  be  afraid  to  talce 
upon  myself  the  experiment  of  trying  a  cause, 
p^Ltticularly  of  lh)s  magnitude,  in  a  manner  to- 
tally different  from  any  that  ever  occurred  in 
the  ann&ls  of  this  country.  I  should  be  afraid 
to  be^in  an  experiment  of  that  sort>  more 
especially  when  counsel  in  a  capital  case;  be- 
cause undoubtedly  the  evidence  comes  with 
infinitely  more  weight,  and  I  mean  by  weight 
the  proper  weight  evidence  ought  to  have, 
the  l>eariDg  of  it  upon  thcca^e  when  btated  by 
thccounsdy  who  is  to  introduce  it;  and  much 
of  the  efiect  of  evidence  is  lost,  and  much  dis- 
torted by  the  cross- examination  of  counsel, 
ttntil  the  tnie  bearing  of  it  is  explained.  I  do 
not  propose  that  wiiich  can  be  properly  termed 
a  suspension  of  the  trial,  that  could  throw  that 
sort  of  inconvenience  upon  the  jory,  which 
x¥Ould,  I  am  sure^  give  me  as  much  pain  as 
any  body  in  the  world ; — but  your  lordships 
will  recollect  the  attorney  general  in  opening 
his  case  (I  am  sure  I  think  iis  highly  as  it  is 
possible  of  the  ability  of  the  attorney-general^ 
and  of  the  manner  in  which  he  performed  his 
duty),  he  found  it  necessary  undoubtedly  to 
spend  nine  hours  in  the  opening  of  that  case, 
— the  prisoner  most  unquestionably  may  ex- 
pect an  equal  time,  ii  it  were  neoessary,  for 
nis  coutiselto  lake  the  same  course  in  opening 
hjacase  ; — and  if  I  were  thrown  upon  it  in  the 
present  moment,  not  having  a  sufficient  re- 
collection of  the  great  points  of  the  evidence, 
if  I  were  put  upon  >peaking  to  the  jury,  I 
might  take  thut  course  of  reading  at  great 
length,  great  numbers  of  papers; — whereas,  if 
I  had  the  upporluoity  ot  a  few  hours  more, 
ivhichis  I  he  nature  of  my  application,  merely 
to  arrange  my  papery  and  to  select  such  as, 
in  thejudgment  of  my  learned  friend  and  my- 
self, ai«  sufficient  to  do  this  as  it  ought  to  be 
doiM>4t  would  save  time. 

Lord  Chief  Justice  £yri'.— I  dread  the  ex- 
plmation  of  a  few  hours;  Mr  Attorney  Ge- 
' ,  wiiai  farther  cvidenre  liave  you  to  pro« 

OtntraL — I  think  tny  evi- 
.    take  up  more   than'  forty 

kmyw  whotbcryour 
tnday. 

t\ — 1  $ball  <\\  late 

1^  Sunday. 

lomeist. 


that  to  be  the  ease,  and  it  is  a  ctrctinifttaDoe  I 
am  extremely  sorry  for;  on  the  other  haod, 
I  cannot  hazard  the  situation  of  the  jury, 

Mr-  Ertkine, — I  should  be  sorry  to  put  the 
jury  to  any  inconvenience. — I  do  not  fthrink 
from  the  business  ;  I  am  extremely  willing  to 
sufl'er  any  thing,  but  I  assure  your  Jordsliip 
that  my  health  is  extremely  sufi'ering  by  it 

Lord  Chief  Justice  E^rt, — Wlml  iail  you 
ask  for  > 

Mr.  Ertkine. — As  I  stated  before,  th^  at* 
tomey-general  found  it  necessary  to  consume 
nine  hours,  I  shall  not  consume  half  thai 
lime,— certainly  I  think  I  slrnll  not  consume 
half  that  time,  if  1  had  an  opportunity  of  doing 
that  whicii  I  humbly  request  of  the  court,  that 
15,  of  arranging  the  materials  in  such  a  manacT 
that  I  should  lie  able  to  make  those  observa* 
tions  which  occur  to  oie  to  be  the  proper  ob- 
servations to  be  made,  as  counsel  fur  tlic  ptt* 
soner* 

Lord  Chief  Justice  £vre,— Wehavc  offered 
you  an  cx{»€dient;  ncitner  of  you  say  to  ii» 
whether  you  can  accept  it. 

Mr,  Gibhs.—V^lih  respect  to  that  expcditnf 
I  have  no  douht  to  say,  that  it  is  utterly  im- 
possible  for  Mr.  Erskine  and  myself,  in  the 
situation  in  which  we  are,  respecting  uu/^lres, 
respecting theCourt, and  respecting  thepiiblte, 
ana  the  jury,  it  is  utterly  impossible  for  m  to 
think  oi*  that,  because  if  any  thing  adverse 
should  happen  when  we  have  taken  jiuch  a 
line,  the  imputation  will  lie  upon  us. 

Lord  Chief  Justice  Eyre, — ^'Fhat  i"  ,  <  t 

be  in  yuur  judgment  a  desirable  ti  > 

well,  but  that  there  is  any  other  okyt-ttion  tw 
it,  1  cannot  agree  to.  Whether  tiie  cttie  i» 
taken  upon  the  summing  up  of  the  evidcc»ce» 
or  whether  it  is  taken  iijKjn  the  otienmg  of 
the  evidence,  is  as  to  all  legal  purpose  the 
same;  I  can  see  do  difference :  it  may  ii»ke 
a  va»t  difference  in  your  judgment,  as  to  whtl 
is  the  best  manner  and  the  beat  method  q€ 
laying  your  case  before  the  jury  ;  uDtfoubtetlly 
we  are  assisting  the  prii^^ner  by  |  ,j 

counsel  in  a  situation  to  do  his  bus^  <v 

best  manner,  by  proposing  it  thus  i    whcicas 
if  they  were  put  upon  doin^  it  in  theordiii 
course,  thev  would  lie  under  a  |»ecitliar  dil 
culty  and  disadvantage.    Mr.  Ersktne  has  r 
yet  told  us  what  he  asks. 

Mr.  £r*A:ii*«.— Since  it  is  put  cspreaa^  1 
noe,  I  sliail  propose,  unless  the  jur^  pf«>leas| 
a  very  serious  incunvenience  lo  them,  los 

4jf   c'~ki>'''i^^    I"    ti**'*    iiLiirikimr'    at    tVir-   lin'iA 
gcn^ 

Mr.  Gibbs  will  hi 
note  of  the  few  lac t 
I  nhall  be  able  by  Mi*i  ti. 

Lord  Chief  Jnstiff    ?  .    lm 


ill  be 

lia  tncQ  i  mfkii  vc  iicard  after 


W«  Mr 


8G5] 


fii/r  High  Treason. 


A.  D.  1794-. 


[866 


Lord  Chief  Justice  Eyrc^^You  will  con« 
doct  your  case  in  the  manner  you  tliiak  hest 
for  the  interest  of  your  client. 

Mr.  Ertkine. — I'should  be  glad  if  your  lord- 
ships would  allow  another  hour. 

Lord  Chief  Justice  l!yrr.— I  feel  so  much 
for  the  situation  of  the  jury,  that  on  their 
account  I  cannot  think  of  it. 

Mr.  Ertkine. — My  lord,  I  never  was  placed 
in  such  a  situation  in  the  whole  course  of  my 
practice  before,  with  so  many  gentlemen  on 
the  other  side;  however,  I  do  not  shrink 
from  it. 

Ou€  rf  the  Jiiry.— My  lord,  we  are  ex- 
ti«iiiel;f  willing  to  allow  Air.  Erskine  another 
hour,  if  your  lordship  thinks  proper. 

Lord  Chief  Justice  £yre.— As  the  jury  ask 
it  for  you,.  I  will  not  refuse  you. 

[It  now  being  half  past  one  o'clock,  on 
Saturday  momine,  the  Court  adjourned 
to  twelve  o'clock.] 


iSuMM  House  in  the  Old  B&ihif^    Saturday, 
November  the  lit.  1794. 

Paesemt, 

Xiord  Chief  Justice  Eyre;  Lord  Chief  Baron 
Macdonald;  Mr.  Baron  Hotham ;  Mr.  Jus- 
tice Buller;  Mr.  Justice  Grose;  and  others 
bis  Majesty's  Justices,  &c. 

Tktmas  Hardy  set  to  tlic  bar. 

Iff.  Attorney  General, — I  am  now  going  to 
call  a  witness  to  prove  that  a  paper  was  found 
IB  the  possession  of  Mr.  Thelwail,  and  also  to 
prove  that  anutlier  paper  of  the  same  sort  was 
touod  in  the  possession  of  Mr.  Martin,  being 
of  the  hand -writing  of  Martin.  These  papers 
mn  found  after  the  apprehension  of  Mr. 
Hardy.  When  I  have  proved  that  the  papers 
were  found  in  the  possession  of  Martin  and  of 
Thelwail,  I  shall  then  eo  on  to  prove  by  a 
witness  or  two,  whom  I  shall  call  for  that 
purpose,  that  thoy  existed  in  the  possession  of 
eacn  of  tliem  Ions'  before  the  apprehension  of 
Mr.  Hardy :  they  inirport  upon  the  hct  of 
them  to  bt;  pre|KiiV(l  for  the  general  meeting 
of  the  CA/nrcs|i()iKling  Society,  upon  the  14th 
of  April,  1704,  at  Chalk  Farm. 

Mr.  Oibh»  —Your  lordship  sees  that  the 
cvidenrc  offered  is  that  these  papers,  ai\cr  the 
apprehension  of  Mr.  Hardy,  wore  found  in  the 
poeaesMon  of  Mr.  Martin  and  Mr.  Thelwail, 
MOTMy  that  thoy  were  in  their  possession, 
lot  that  they  were  ever  used  by  them— -it 
jloes  not  appear  but  that  they  might  have  cot 
wto  their  possession  again,  but  simply  that 
thaj  were  in  their  custmly  as  a  newspaper  is 
In  my  haml  this  morning,  and  may  pass  into 
otker  hand.«. 

Lord  Chief  Justice  Uyre.— The  only  ground 
«pMi  which  any  pa|)er  is  objected  to  as  evi- 
Mm,  f  nuid  atter  the  apprehension  of  the 
pir|y,  is  tliat  bv  possibility  the  paper  might 
■Upa^e  eaisted,  or  might  not  hare  been  in 
the  hands  of  tlie  person  till  ftfter  his  appre- 

VOL.  XXIV. 


hension ;  that  is  the  only  ground  upon  which 
the  evidence  is  refused ;  if  they  remove  that 
ground  of  objection,  it  is  admissible. 

Mr.  GiblMi, — I  understand  the  rnle  gene- 
rally to  go  to  any  pa|)er  that  was  in  the  hands 
ofany  one  person.  I  undersland  that  to  be 
the  principle. 

Lord  Chief  Justice  l^rre.— That  goes  rather 
to  the  effect  of  the  evidence,  than  to  the  ad- 
missibility ;  it  being  found  in  the  possession 
of  the  parties  before  the  apprehension,  re- 
moves m  fWct  the  objection. 

Mr.  Attorney  CeHeraL'"'MT,  Martin  and 
Mr.  Thelwail,  in  whose  custody  tlie  papers 
were  found,  were  persons  who,  together  with 
Mr.  Hardy,  were  appointed  to  prepare  the 
proceedings  for  the  Chalk  Farm  meeting. 

liord  Chief  Justice  Eyre.—  l  observed  that 
that  goes  more  to  the  effect  of  the  evidence, 
than  to  its  admissibility. 

Mr.  Charles  Scham  sworn. — Examined  by  Mr. 
Attorney  GeneraL 

Where  did  you  find  that  paper  ?— [showing 
it  to  the  witness]- -In  Mr.  Thelwalrs  house. 

When  you  apprehended  him? — AAcr  he 
was  taken  away ;  I  remained  to  bring  away 
the  papers. 

Upon  what  day?— On  the  night  of  the 
ISth  of  May,  or  the  morning  of  the  14th.  It 
was  the  momlne  of  the  14th. 

Mr.  Gt'Mf.— 'This  is  certainly  an  infbrmat 
mode  of  proceeding;  I  conceive  that  these 
papcri  cannot  possibly  attach  upon  Mr. 
llardy,  as  they  were  found  subsequent  to  h\H 
being  taken  into  custody. 

John  Nost  swoili.— Examined  by  Mr.  Aitorne^ 
General, 

Look  at  that  paper.— [showing  it  to  the 
witness.]— -I  found  this  in  Mr.  Martin's  chest 
in  the  Kmg's- bench  prison. 

Mr.  C?i^.— When  did  you  find  it?— On 
the  39th  of  May. 

Mr.  William  Walker  called  again. 

Mr.  Attorney  GeneraL—Look  at  that  paper 
[showing  it  to  the  witness]  do  you  know 
whose  hand-writing  that  is?---I  believe  it  to 
be  Mr.  Martin's  hand- writing. 

Have  you  seen  him  write  P — I  have. 

[Another  paper  shown  to  the  witness.] 

Whose  hand-writing  do  you  beHe\*c  that 
to  be?-- -I  believe  that  also  to  be  Mr.  Mar- 
tinis I  land- writing. 

Mr.  Gibbt, — Did  you  ever  sec  Mr.  Martin 
write? — Yes,  frequently. 

You  did  live  in  the  Adclphi,  I  believe  ? — I 
did. 

E7)an  Evant  sworn.— Eiamin«l  by  Mr. 
Attorney  GeneraL 

You  were  confined  in  the  Kigg's-bcncb 
prison,  I  believe,  for  debt  ? — ^Ycs. 

When  did  you  leave  the  Kin^^-HttKVv*.— V 
cannot  rig^hxV^  \fiM« 

8  K 


867] 


35  GEORGE  III. 


Trial  of  Thmai  ihrdy 


[86» 


How  long  ago?— I  suppose  six  or  stvcu 
mouths  ago.    I  lef\  it  on  the  3 1  st  of  July. 

How  long  had  you  been  there  ? — Near  two 
years. 

Do  you  know  John  Martin? — Perfectly 
well. 

Was  he  a  prisoner  there  P — He  was. 

Do  you  remember,  while  you  were  in  the 
King's  Bench,  ever  seeing  either  of  the  papers 
now  put  into  your  hand  ?--I  remember  per- 
fectly well  seeing  both  the  papers. 

When  was  it  that  you  saw  them  ?— I  be- 
lieve about  the  beginning  of  April. 

Look  at  the  top  of  this  paper,  and  tell  me 
whether  it  was  before  the  uate  there  men- 
tioned, or  not? — It  was  before  this  time. 

Lord  Chief  Justice  Eyre. — ^Whcre  dW  you 
see  them? — In  the  room  where  Martin  was. 

Mr.  Attorney  Gtner^al,'^^^sA  ^ou  any  con- 
▼crsation  with  Martin  at  that  tmic?— I  had 
—he  told  me  he  wrote  the  resolutions  for  the 
society  at  Chalk  Farm ;  he  had  a  copy  of 
them,  and  read  them  several  times  in  the 
xoom. 

look  at  the  other  paper,  and  tell  my  lord 
and  the  jury  whether  those  are  the  papers 
which  he  read  several  times  in  the  room,  or 
not  ? — I  really  cannot  recollect ;  he  often  read 
them  to  one  Pearce,  who  used  to  come  to  see 
him  -  he  said  he  wrote  the  resolutions  for 
Chalk  Farm,  and  that  there  was  plenty  of 
cayenne  in  them;  and  if  they  followed  his 
advioc  or  example,  there  would  be  warm  work 
among  them  before  the  month  of  May  was 
out. 

Did  you  know  Pcarce  ?— Perfectly  well. 

Did  he  use  to  come  there  ? — He  took  tlic 
resolutions  from  Martin  to  Chalk  Farm. 

Mr.  Gi66f.--IIow  do  you  know  that? — I 
saw  Martin  give  tlic  papers  to  Pearcc. 

Mr.  Attorney  General. — Was  Mrs.  Evans, 
your  wife,  with  you  ?---Yes,  she  was. 

Was  Mr.  Tourll  present  at  that  time  ?— He 
was  there  when  Mr.  Martin  mentioned  about 
the  resolutions,  that  he  had  put  plenty  of 
pepper  in  tlieni. 

Did  they  see  these  papers  as  well  as  you  ? 
— My  wife  saw  them. 

Dfd  they  iicar  the  declarations  of  Martin, 
as  you  have  blated  them,  as  well  as  you  ?— 
Yes. 

Evtm  Evans  cross  examined  by  Mr.  Gibbs. 

What  are  you  ? — I  was  formerly  a  grocer. 

Were  you  in  the  Ring's-bench  prison  for 
debt?— Yes. 

For  two  years  I  think  you  say  ? — Nearly. 

Had  von  any  difffrcnce  with  Mr.  Martin 
there?— \Ve  hrnl  a  difference  last  of  all; 
Mr.  Martin  wished  to  have  the  room  I  was  in 
to  himself. 

I  do  not  want  to  know  the  reason  of  vour 
difference— you  had  a  violent  quarrel? — 
No;  wc  hacl  no  quarrel,  only  a  dispute. 

You  ncter  uttered  any  expressions  of  re- 
■«n^«at  or  thre&ta  against  hun,  did  you  ?— 


Evan  Evans  re-examined  by  Mr.  Attorney^ 
General, 

Was  there  a  roan  of  the  name  of  Gay  in 
the  King's  bench  prison  at  the  time  that 
Martin  was  there  ?— There  was. 

Mr.  Attorney  General. — At  the  end  of  Mar- 
tin's letter  he  mentions  Gay. 

Ann   Evans  sworn. — Examined  by  Mr.  Jl- 
tomey  General, 

You  are  the  wife  of  the  gentleman  who 
gave  evidence  just  now  ? — ^Yes. 

You  attended  your  husband,  I  bdieve,  in 
the  King's-bench  prison?  —  Yes;  I  went 
backwards  and  forwards  to  him. 

Do  you  know  Mr.  Martin?-^ Yes;  very 
well. 

Did  you  ever  see  these  papers  before,  look 
at  them  ?  [showing  them  to  the  witness.]— 
Yes ;  I  have  seen  them  both. 

Where  may  you  have  seen  them  P— In  the 
King's-bench. 

In  whose  room  or  possession  P— In  Mr- 
Evans's  room,  in  Mr.  Martin's  possession. 

When  was  it  that  you  saw  them  there ; 
was  it  l>efore  or  after  the  month  stated  at  the 
top  ? — It  was  in  that  month.  ' 

Did  you  happen  to  hear  Mr.  Martin  say 
any  thing  respecting  t)iese  paoers ;  and  if  be 
said  any  thing,  what  was  it  tnat  he  did  saj? 
— I  remember  his  reading  this  paper,  particu- 
larly mentioning  that  it  is  not  lawful  to  take 
up  arms  against  the  king ;  he  read  the  paper 
through,  but  there  is  nothing  more  that  I 
recollect,  as  I  was  passing  to  and  fro,  but  those 
words. 

Did  you  hear  him  say  any  thin^  else, 
except  wliat  he  said  about  the  paper?— No- 
thing else ;  there  were  three  gentlemen  pre- 
sent, to  whom  he  read  il. 

Was  there  any  talk  about  Chalk- farm?— 
Yes;  I  heard  liim  mention  that  he  had  drawn 
the  resolutions  up  for  Chalk-farm. 

Did  he  say  any  thing  else? — He  said  if 
they  kept  by  his  resoUitions,  they  were 
very  warm  ones,  for  he  had  put  plenty  of 
Cayenne  into  them,  and  that  there  would  be 
very  warm  work. 

Do  you  remember  a  person  of  the  name  of' 
Pearce  coming  there? — Perfectly  well ;  Mr, 
Martin's  clerk. 

Had  Martin  and  Pearce  any  conversation 
about  these  papers,  or  Chalk- farm  ? — I  heard 
none  till  he  brought  the  resolutions  printed : 
Pearce  said  he  had  had  many  of  them,  but 
that  he  had  distributed  them  among  the 
workmen  of  a  Coach-maker  in  Long- Acre, 
but  that  Mr.  Hardy  had  a  great  many  more 
printed,  and  that  he  could  get  more. 

Mr.  Gibbs.-"Your  lordbhips  see  this  is  not 
evidence  against  Mr.  Hardy ;  in  fact,  it  is 
not  the  more  evidence  for  Hardy's  i 
being  mentioned,  than  if  it  was  not 
aond. 

Lord  Cliief  Justice  Eyre.^l  do  not  kniw 
that  it  18. 


869] 


Jtar  High  Treason* 


Ann  Evans  cross-examined  by  Mr.  Cibbt, 

.  What  resolutions  were  those  that  Mr.  Mar- 
tin spoke  of? — For  the  meeting  of  the  London 
Corresponding  Society  at  a  dancing  room  in 
Tottenham  Court  Road,  and  that  they  removed 
from  thence  to  Chalk-farm. 

Mr.  Aitorn^'GeneruL — Do  you  know  what 
street  that  is  inP— No. 

Mr.  Gibbs. — Can  you  swear  that  these  are 
the  very  papers  that  you  saw  in  Mr.  Martin's 
hand  i — I  can. 

Were  they  ever  put  into  your  hand  to  read  ? 
.i—Thcy  were  not ;  but  I  have  had  them  in  my 
hand  frequently. 

Since  ?— No,  at  that  time. 

You  have  frequently  read  them  ?— Yes. 
.  You  amused   yourself  vnih  looking  into 
Mr.  Martin's  papers  when  he  was  not  there  ? 
•—And  when  he  was  present  likewise. 

When  vou  speak  of  the  copies  that  Pearoe 
paid  had  been  give  among  the  Coach-makers, 
do  you  mean  to  say  that  they  were  copies  of 
these  papers?— They  were  the  resolutions 
printed. 

But  you  do  not  mean  that  they  were  copies 
of  those  which  are  now  put  into  court  ? 

Lord  Chief  Justice  JEIyrc.— I  did  not  under- 
ttmnd  them  to  be  the  originals,  or  copies  of 
the  resolutions  read  at  Chalk- ikrm,  but  that 
Martin  said,  at  the  time  they  saw  these 
papers,  that  he  had  prepared  the  resolutions 
tor  Chalk-farm,  and  that  the  paper  brought 
by  Pearce  was  a  printed  copy  of  those  resolu- 
tions; unless  this  shall  tuni  out  to  be  the 
origiual  of  the  resolutions,  it  amounts  to  no- 
thing. 

.   Mr.  Gibbs.-^l  know  it  is  not,  but  I  thought 
that  mistake  might  arise. 

Thomas  Tour II   sworn,— Examined  by  Mr. 
Attorneif  General, 

I  believe  you  had  the  misfortune  to  be  in 
the  KingVbench  prison  about  the  months  of 
March  and  April  last  ? — Yes. 
-  Do  you  know  Mr.  John  Martin  at  all  ?— I 
know  him  by  frequently  seeing  him  in  Mr. 
Evans's  room ;  1  never  knew  nim  before  he 
came  there. 

That  is  the  husband  of  the  lady  who  was 
here  just  now  ? — Yes. 

Did  you  ever  see  this  paper  before? 
[showing  it  to  the  witness.] — No. 

Bid  you  hear  Martin  s«iy  any  thing  about 
the  Chalk-farm  meeting?— I  did. 

Be  so  good  as  state  what  you  heard  him 
say?— One  evening,  when  I  called  in  at  Mr. 
Evans's  room,  Mr.  Martin  came  in. 

What  month  was  that  in?— I  believe  in 
April;  it  was  three  or  four  days  before  the 
Chalk- farm  business. 

State  what  Mr.  Martin  said  in  your  hearing, 
about  the  Chalk-farm  business  ?-— Mr  Martm 


in,  and  the  business  of  Chalk-farm  came 
up ;  he  asked  me  if  I  had  read  any  thing  of 
itp— I  told  him  I  had  not ;  in  conversation,  he 
said  he  had  drawn  up,  and  I  think  he  said  he 


A.  D.  1794..  [870 

had  sent  the  resolutions;  I  am  certain  he 
said  he  drew  them  up,  and,  he  said,  if  they 
followed  the  resolutions,  there  would  be  warm 
work,  for  he  had  put  in  plenty  of  Cayenne. 

Was  there  a  man  of  the  name  of  Gay  in 
prison  at  that  time  ? — There  was. 

Were  he  and  Martin  much  together  ? — A'cry 
often. 

Mr.  Attorney  General, — I  will  read  pre^ 
sently  a  resolution  of  the  Constitutional  So« 
ciety,  relative  to  that  Mr.  Gay ;  his  name 
occurs  in  that  letter,  and  I  think  he  appears 
to  be  proposed  as  a  member  to  that  society 
by  Mr.  Tooke.    . 

Did  you  see  Pearce  there  ? — I  have  seen 
him  there  two  or  three  times. 

Perhaps  you  had  not  occasion  to  observe 
any  particular  communication  between  themf 
—I  had  not  * 

Mr.  Attorney  General, — ^Now  I  take  it  there 
is  no  objection  to  reading  the  paper ;  therc^ 
fore  I  desire  it  may  be  read,  ana  I  would  beg 
of  your  lordships  and  the  jury,  not  only  to  at* 
tend  to  what  is  left  in  the  paper,  but  to  what 
is  struck  out  of  it  to  look  at  the  paper  itself. 

[The  paper  read.] 

"  At  a  general  Meeting  of  the  London  Cor- 
responding  Society,  held  at  on 

Monday,  the  14th  day  of  April,  1794. 

"  Citizen  ■  in  the  cliair. 

**  Resolved,  That  all  sovereign,  legislative, 
and  judicial  powers,  are  the  rights  ot  the  peo- 
ple; and  though  the  people  nave  delegated 
thosie  their  origmal  powers  to  others,  in  trusty 
for  the  benefit  of  the  community,  yet  the 
rights  themselves  are  reserved  bv  tlie  people, 
and  cannot  be  absolutely  partea  witli  by  the 
people  to  those  persons  who  are  employed  to 
conduct  the  business  of  the  state. 

"  Resolved,  That  the  constitution  of  Eng- 
land is  held  by  the  King,  Lords,  and  Com- 
mons, and  other  oflicers  appointed  by  the 
people  in  trutt^  for  the  betieht  of  the  jpeople ; 
and  though  these  trustees  may  regulate  and 
improve  the  constitution,  yet  they  cannot 
alter  or  subvert  it  without  committing  treason 
against  the  nation. 

Resolved,  That  Magna  Charta,  or  TIIE 
GREAT  CHARTER  OF  THE  LIBERTIES 
OF  ENGLAND,  made  in  the  reign  of  king 
John;  THE  PETITION  OF  RIGHTS,  as- 
sented  to  by  parliament  in  the  reign  of  king 
Charles  1st  and  the  several  laws  made  at  and 
in  consequence  of  the  Ghrhms  lievolution  in 
the  year  1688,  are  declaratorv  of  those  parts 
of  the  constitution  of  England,  which  are  in 
and  by  them  respectively  declared. 

*«  Resfjlved,  That  the  office  of  KING  of 
England  was  not  instituted  by  the  peoplo 
merely  as  an  office  of  protit  and  honour  to 
the  king,  but  he  was  so  appointed  as  chief 
trustee  and  guardian  of  the  constitution  and 
rights  of  the  people,  and  that  important  and 
laoorious  personal  duties  sxevLwass.'KsAVi^^ 
regii  oftce,  \ii^  oV^^Xa^^  ^>NkfcN\«t^>B 


87tJ 


35  GEORGE  UL 


nsc'te  t::e  good  of  the  people,  and  preserre 
their  ri^hU  in  lull  vigour  from  innoratioa  arid 
corrufircn. 

UcKjUcd,  That  it  is  the  duty  of  the  king  to 
pre^trie  t}:e  ccn*:!tut:cn  of  Enzland  and  tic 
righ !  *  0 :"  1 :. t  p*  vf ■- e  a  jai ns t  e verr  encroac  h- 
ntnt;  'ajl-iI  :n  order  to  enforce  that  dutv,  th.c 
follow::.^  oath  U  required  u*  be  taken  Ly 
erer^-  Lire  on  his  acce«Mon  to  the  throne  of 
Great  Bf^uin,  to  wit:  the  arrh-bi^hop  or 
bbhop  scj"  *iy — •  Will  you  solemnly  pro- 
'  mi«<  tT.d  sveai  to  gi#vem' the  people  of  this 
'king'i.m  l:   England,  and  the  domtnioDS 

*  therf.v  bt!f  rg:3~,  acccnlinz  to  the  statiites 
'  in  psriiam'.nt  azreed  on,  and  the  laws  and 

*  cu*t':in*  of  the  same." 

**  1  he  king  or  queen  shall  «aT, '  I  solemnly 

*  prom.r«  so  to  du.'  Archbishop  or  bishop-^ 
'  Wiii  \cu  to  ycur  power  cau««  law  and  jus- 
'  txe  in  merc%*  to  be  executed  in  all  rour 
•judgments  r '  ANS.  •  I  wyi.' 

**  After  this,  the  kinz  or  queen,  laying  his 
or  her  hand  on  the  holy  Gospels,  shall  say-^ 
'  The  thiols  which  I  have  before  promiscid  I 
'  wiil  perform  and  keep :  so  help  me  God' 
and  ther.  shall  k.ss  the  book. 

**  Received.  1  hat  his  present  majesty-,  king 
Gecrce  Trd,  en  his  accession  to  the  throne  of 
these  realms  did  K>lemnly  take  the  said  oath. 

"  Pue^lvcd,  Tbat  the  constitutional  rights 
of  th'.-  people  have  been  vioiued,  and  that  it 
is  the  d'jiy  of  the  people,  in  the  present 
atarc.ir.^  cr.«i«,  to  assemble  and  inquire  into 
the  ir.n.~v;it.or.s  cr  infringements  which  have 
fceeii  ct*:!-  'ap.  r.  the  rizKts  of  the  p«iple,  and 
tjy-  :\t  t:.«  li^ia-alion*  cf  the  constitution, 
as  ihfrv  v.rre  set  tit  J  at  !i:c  aforesaid  llevclu- 
ti.:ri,  iLir.^i":;  ::i  lor.e,  ir.-i  uhich  of  them  have 
been  vri!at'.u.  ai.u  hy  whom  :  and  also  whe- 
ther j:::h  innovatxns.  im'rinzements,  and 
vloli: :.:,',  i.ave  been  committed  from  the 
Tie^iij*  li'.e  or  corruption  of  those  who  have 
Ijeei:  L.iTu-ied  with  the  government  of  the 
state. 

"  l*c?-/ivcJ,  That  this  society  do  invite  the 

Feopie  to  iT.cct  ia  their  respective  nighbour- 
oril*.  !o  eirci  one  or  more  person  or  persons 
as  delf^dtf' to  meet  in  a  convention,  to  be 
h:M  cil  i-.c  dv.-*^f  next, 

at  >!:rii  jiire  as  *haii  I'-  arf-ointcd  by  the 
fcccrf.  ci,i:inj:*tte  o!  thi*  society;  and  tlr-it 
the  fic.c:;aiC'.  ^o  e.tctd  do  forthwith  trans- 
mit t«.'  I:.*,  s^cret^ry  ot  thi-  *ocitly,  No.  9, 
Picc-di.y.  L'.nJon.  the  voucher*  of  their  se- 
%rcriil  tit.ii^.ri*.  in  or^Ur  that  llie  place  of 
mectiMj  i!..iy  be  duly  n-itihed  to  them. 

"  l:'.-u.»*d,  l;.at  ii  i?  the  rijht  and  the 
Lou  I.'  •  ::(:i:iy..f  ihf  people  tc>puni;n  ah  traitors 
ag-djn-i  !:.t  nals  n,  an  I  that  the  following 
word?  u;t"  im.w  n- 1  .*part  ol  the  oathof  alleci- 
ance;  to  mil  *  1  lieciart  tlat  it  is  not  lawful, 
*  upon  any  pre  mice  wi;atevcr,  to  take  arms  ' 
'  against  the  kin^.*'*  ^ 

£dbarA  called  again.^Examined  by 


Tri^  of  Thrymoi  Hmrdif  [878 

We.*ie  you  a  member  of  the  LoodoaO«res- 
p  r  c :  nz  Soric  ty  ? — ^Y«. 

Ac  J  attended  the  divisioa  meetiag^  f— Yes. 

Look  at  that  paper  fsiiowiiie  him  a  paper); 
were  payers  of  that  scvt  distnSiitcd  al  the  «• 
vision  meeting  of  the  society  r — I  aerer  urn 
them  di^tnbuted. 

D>j  you  erer  sea  them  there;  I  saw  aoe 
of  thtm  handed  round  at  the  diiision  at 
Snow^ij!. 

When  ?— I  cannot  justly  say. 

.-\U'*jt  how  Ion;  ago  ? — May  be 
ago  Eiow. 

"Did  you  see  more  than  one  ? — ^I  i 
but  trial  one. 

Lcrd  Chief  Justice  Ejrnr.— What 
was  that  division?  —  The  diviskm  that  act 
at  Scotccy's,  the  Three  Tuns,  on  Snow-hill,  I 
think  No.  11. 

Mr.  Gi^.— Does  your  lordiJiip  think  that 
without  producing  the  paper  itieit^ 
was  handed  rocmdr  they  can  give  in 
a  paper  similar  to  it  J 

Lord  Cfcief"  Justice  Ejrre.— If  he  can  taka 
upon  himself  to  say  that  it  is  tne  sune 
paper. 

[It  was  read.] 

^  Countrymen,  30U  are  toM  by  those  vfao 
are  in  o6ice,  that  you  are  in  danger  of  a  French 
invasion. 

*^  You  are  told  by  those  who  are  aul  af 
office,  that  you  are  in  danger  of  a  Hessian  or 
Hanoverian  invasion. 

**  In  either  case  arms  will  be  of  use  to  you; 
agree  anionz  yourselves,  get  arms,  and  leam 
!  the  u>e  c:  them  I" 

I  W'iUian  Middlno^.  called  again.— £\amlned 
j  Ly  Mr.  Gurr^fi.. 

D:d  yen  at  any  time  nnd  any  pikes  in  the 
hcurc  01"  Onwck  ia  Etiicbiir^h? — Yes;  upon 
the  evening  of  the  15th  of  May  iaat  I 
seirchetl  the  house  of  Orrock. 

DiJ  yen  hnd  any  pi.-ves  there? — Yes— to 
the  amount  of  thirty- ttirce..  cni>hod  and  un- 
tini^:ieli. 

Those  which  you  state  to  l>e  hnishcd.  had 
bl.ifics  and  *iutisl  -i:ri'».  ?r:— They  were  none 
ur  them  witli  ?hait<,  there  were   oniv  the 

Old  yo'.i  find  .my  in  the  possession  of  any 
other  fcrsin.' — I'pon  the  same  d^y.  in  tiaB 
house  of  Kubert  W^iu  who  wa&  lately  executed 
jl  r.-.i:nlursh.  there  we.'-e  twelve  found  atone 
seariii.  andfour  at  another. 

Were  they  likewise  blades  without  shafts? 
— ^liicrc  was  one  >haft. 

Mr.  Oitbs. — l>ocs  your  lordship  think  tbat 
this,  wiiich  was  ail  alter  the  apprehension  of 
the  prisoner,  is  evidence  ? 

Mr.  Attarncw  UfneraL — I  mentioned  last 
night  that  I  had  proved  tne  order  lu  be  given 
for  them  before  the  apprehension  of  the  pri- 
soner ;  the  order  bv  Watt  and  M'Ewan. 

Mr.  GiM«.^Then  that  ii  all  thai  jon  can 
pnnre. 


87S] 


Jor  High  Treaanu 


Mr.  Attanujf  General. — ^We  have  proved 
that  Stock  produced  to  Watt  and  Koss  a 
'printed  circular  letter,  signed  Thomas  Hardy, 
which  is  verbatim  the  same  circular  letter,  a 
boodle  of  which  was  found  in  the  possession 
of  the  prisoner;  we  have  already  proved  that 
there  was  a  conversation  at  that  time,  in 
which  Watt  desired  that  Stock  would  bring 
about  a  communication  with  Hardy  ;  we  cer* 
tainly  have  not  proved  that  Stock  brought 
about  that  communication  ;  but,  I  submit  to 
your  lordships,  that  if  we  prove  the  order  for 
the  pikes  to  have  been  given  previous  to  that 
time,  that  the  eiecution  of  that  order  follows 
naturallv,  and  necessarily  upon  it. 

Mr.  Uarnw. — We  submit  to  your  lordships 
tiiat  it  is  evidence  to  go  to  the  jury,  that  the 
pikes  which  were  found  in  the  possession  of 
Watt,  are  those  pikes  which  were  made  in 
eiecution  of  the  order  given  by  Watt  to  Or- 
rock,  antecedent  to  the  apprehension  of  the 
prisoner. 

Mr..  Gibbs.  —  It  seems  to  me  that  upon 
the  principle  your  lordships  have  laid  down, 
that  nothing  which  happened  after  the  ap- 
prehension of  the  prisoner  can  be  evidence 
aeainst  him ;  this  evidence  ought  to  be  ex- 
cluded :  whether  the  evidence  they  have 
S'ven,  previous  to  the  apprehension,  answers 
e  purpose  they  wish,  is  another  thine ;  but 
some  pikes  having  been  ordered  by  Orrock, 
or  Watt,  before  the  apprehension  of  Mr. 
Hardy,  does  not  make  the  finding  of  these 

8 ikes,  after  the  apprehension  of  i&rdy,  evi- 
ence,  any  more  than  if  no  order  whatever 
had  been  given  for  them  previously :  if  the 
former  evidence  is  not  complete  for  the  pur- 
pose for  which  they  want  it,  I  cannot  conceive 
upon  what  principle  the  pikes  being  found 
in  the  possession  of  this  man,  after  Mr. 
Hardy's  apprehension,  is  rendered  evidence, 
by  ia  circumstance  which  happened  before  it ; 
it  would  not  have  been  evidence  supposing 
that  communication  had  not  taken  place. 

JLord  Chief  Justice  Eifre. — It  appears  to 
me  that  there  is  a  clear,  satisfactory  ground 
upon  which  the  evidence  must  be  received, 
at  the  same  time  that  you  would  be  at  liberty 
to  insist  that  the  execution  of  the  order  after- 
wards does  not  personally  affect  the  prisoner, 
but  it  is  a  circumstance  in  evidence  to  esta- 
blish the  truth  of  the  evidence  of  the  order 
that  the  things  were  found  afterwards  oorres* 
ponding  with  the  order. 

Mr.  Cibbi. — Your  lordship  sees,  in  arguing 
this,  that  I  do  not  mean  to  admit  that  the 
order  was  Mr.  Hardy's,  or  any  thing  like  it. 

Lord  Chief  Justice  Eyre.— Nor  do  I  wish 
to  put  you  to  admit  any  such  thing. 

Mr.  C arrow  to  Middietan. — How  many 
did  you  6nd?— In  the  first  search  I  found 
twelve  blades  without  handles. 

What  was  it  tliat  led  you  to  search  Watt's 
bouse?— The  circumstance  that  carried  me 
there  was,  there  was  a  bankrupt  had  secretes) 
tone  goods  in  Watt*8  house;  in  tearchin^ 
for  tbota  efiects  I  found  these  blades  for 
pikes. 


A.  D.  1794.  [874 

In  what  part  of  the  boose  did  yon  find 
them  r — In  the  lower  part  of  the  house,  in 
his  dining  room,  as  his  maid  called  it;  a 
locked^fast  closet,  or  a  locked-fast  press. 

Did  you  deliver  to  Mr.  Clerke,  the  sheriff 
of  Edinburgh,  thoso  which  you  found  in  the 
house  of  Orrock,  and  those  which  you  foimd 
in  the  house  of  Watt  ?— They  were  brought 
to  Sheriff  Clerke's  office,  and  lodged  there; 
there  was  one  shaft  found  along  with  thtt 
four  which  were  found  at  the  second  search. 

Were  the  shaft  and  the  blade  united,  at  Uie 
time  you  found  them,  or  apart  P-—The3r  were 
not  united;  but  there  was  a  Mr.  William 
Lockhart,  sheriff  Gierke's  depute,  attended: 
we  tried  one  of  the  blades  to  the  shaft,  and 
they  fitted  eiactly. 

The  manner  in  which  they  are  attached  It, 
I  understand,  by  a  screw  ?— Yes. 

Mr.  Lockhart,  you  said,  was  with  vou  ?«-• 
He  was  present  with  me  in  the  man's  house. 

John  Etbcards. — I  shall  esteem  it  a  fiivour 
if  I  may  be  permitted  to  say  a  few  words  to 
the  jury,  before  I  leave  the  court 

Lord  Chief  Justice  I^/re. — ^To  the  Jury  !— 
Or  to  your  lordship. 

Lord  Chief  Justice  JElyrc.—- Is  it  to  change 
any  thing  in  the  testimon?  you  have  given? 
— ^Not  to  change,  to  explain.  When  I  was 
examined  the  nieht  before  last,  Mr.  Garrow 
was  very  particiwir  in  askios  me  if  I  received 
an  address  to  a  person  at  Shefiield  from  Mr. 
Hardy;  it  is  trtie  I  received  an  address^  and  a 
meeting  was  to  have  taken  place  in  Green- 
Arbour-court ;  I  wish  to  let  the  jury  know 
that  that  meeting  never  did  take  place ;  no 
money  was  put  down,  and  no  letter  was  sent 
to  Sheffield. 

Mr.  Attorney  General. — Uavina  mentioned 
this^  I  would  ask,  had  you  any  talk  with  Hil- 
lier  about  the  ale-house  in  Green- Arbour- 
court? — On  the  day  that  Hardy  was  taken 
into  custody,  Hillier  and  Goshng  were  at  our 
house. 

When  did  you  first  see  Hillier's  pike  f 

Lord  Chief  Justice  Dj^e.— This  leads  to  a 
cross-examination.  A  witness  desires  to  ex* 
plain  a  circumstance  in  his  evidence ;  I  should 
oe  very  unwilling  to  introduce  a  new  exami- 
nation. 

Mr.  Gumnv.^Does  not  your  lordship  think 
it  fit  to  inquire  wlM>m  he  has  talked  to  since 
he  was  examined  ? 

Lord  Chief  Justice  Eyre, — No ;  I  do  not 
think  it  necessary ;  his  explanation  seems  a 
fair  one,  to  prevent  any  misinterpretation  of 
his  evidence. 

Mr.  Attorney  General. — If  a  witness  is  to 
come  afterwards,  in  this  way,  to  explain  bis 
evidence,  his  not  stating  this  in  his  original 
examination  cuts  out  a  great  number  of  mate- 
rial questions. 

Lord  Chief  Justice  Eyre.— I  perfectly  agree 
with  you ;  this  explanation  oueht  to  be  re- 
ceived with  abundant  caution  By  the  jvayt 
and  from  another  circumstalTce^  thA  s«kV  A 
practice  NTtbvft  isaVsM^^^^bi  «a»Sv*^ 


8751 


35  GEORGE  III. 


Trial  of  Thomas  Hardy 


ing  such  accounts  as  his  industry  may  collect 
in  court,  is  certainly  a  very  inconvenient  prac- 
tice, because  it  may  lead  to  conversations  with 
tritnesscs,  and  may  induce  these  explanations. 
The  jury  will  understand  that  the  explanation 
is  made  in  that  situation  of  things,  and  they 
will  form  their  own  judgment  upon  it.  Yet 
still,  I  think,  it  should  rest  witli  the  explanar 
tion  that  the  witness  desires  to  oiTer. 

Mr.  WUliGm  Lockhart,  sworn. — Examined  by 
Mr.  (Sorrow, 

You  are  what  they  call  sheriff  Gierke's 
depute,  in  the  city  of  Edinburgh  ? — Yes. 

Did  you  go  with  Middlctou  to  the  house  of 
Orrock  P—No;  to  Watt's  house. 

Were  you  present  at  the  finding  of  any 
blades  for  pikes  at  Watt's  house  ? — Ves. 

liow  many  did  you  find  upon  the  first 
search  ? — Twelve. 

Where  were  they? — In  a  locked  up  press 
in  his  dining-room. 

How  soon  did  you  renew  your  search? — 
One  happened  between  eight  and  nine  o'clock, 
4he^ other  between  twelve  and  one. 

How  many  did  you  find  at  the  second 
search? — ^Two  pike-heads. 

Blades?— Yes;  and  two  battle-axes,  and  a 
pole. 

Did  you  make  any  trial  whether  the  blades 
and  the  pole  as  you  call  it,  would  tit  each 
other?— Yes. 

Where  is  the  pole  ?—  It  is  here.  [Tjic  wit- 
ness produced  it.J 

Where  did  you  deposit  the  several  things 
that  you  found  at  Watt's  house? — At  Mr. 
Sheriff  Clerke's. 

Were  they  locked  up  and  deposited  in  his 
care? — ^They  were  in  this  box.  [producing  it.] 

James  Cterkf  esq.,  sworn. — Examined  by 
Mr.  Cttrrou-. 

1  believe  you  are  sheriff  of  Edinburgh  ? — 
Yes. 

Was  that  box,  and  the  thing  the  witness 
calls  the  pole,  deposited  in  your  care  as  she- 
riff?— The  pikes,  he  mentions,  were  depo- 
sited in  my  care ;  they  were  in  a  locked-up 
place  of  mine  fruui  the  time  that  they  were 
found  till  the  trials  at  Kdiuhurgh ;  when  they 
were  ciirried  do^  n  to  be  shown  at  the  trials, 
they  were  cum  mi  tied  to  the  witness,  who  was 
to  produce  iheni. 

Excc|>t  then  when  they  were  delivered  to 
Lockhart,  they  have  been  constantly  locked 
up  under  your  care  ?— Yes,  they  have. 

To  Mr.  Jjh'khurt. — Did  you  return  these  to 
the  slieriff,  which  you  had  from  him,  after  the 
Edinburali  trials?— No;  1  have  kept  them  in 
my  cu>iudy  ever  since. 

And  are  those  ihc  same  tlie  sheriff  delivered 
to  vou .' — 1  hey  are. 

To  Mr.  CVcrAc— Is  Slock  still  living  at 
Edinburgh,  or  has  he  absconded? — We  have 
made  every  search  possible  to  mpfnhaod  hta, 
tut  without  Miceess. 
.  JUr.  Gamm  to  ^ 


[876 

[Mr. 


box,  and  take  out  some  of  those  blades. 
Lockhart  opened  the  box.] 

Is  that  what  you  call  the  battle-axe  ?— It 
is.    [The  witness  screwed  it  on  a  shaft.] 

Have  you  got  any  other  sort  of  blades 
there? — Yes.  [The  witness  produced  some 
pike-blades,  shaped  like  a  bayonet,  unscrewed 
the  battle-axe,  and  screwed  on  a  pike  in  its 
stead.] 

Mr.  Gflrrow.— You  appeared  to  me,  in 
taking  one  of  these  blades  out,  to  serew  off 
something— what  is  that? — When  that  is 
screwed  off,  it  is  rendered  fit  to  attach  to  the 
pole;  when  that  is  on,  it  forms  a  handle;  so 
that  it  may  be  used  without  a  pole. 

Mr.  Attorney  Geiiera/.^Martin,  in  his 
letter  to  Margarot,  in  Scotland,  says.  Gay 
will  tell  you  more  than  I  dare  mention.  I 
am  going  to  read  the  account  of  Gay's  being 
admitted  a  member  of  the  Constitutional  So- 
ciety ;  he  was  proposed  by  Mr.  Tooke,  au.l 
seconded  by  Mr.  Bonncy. 

[The  entries  wore  read.] 
"  At  a  meeting  of  the  Society  for  Consti- 
tutional Information,  held  at  the  Crown  ami 
Anchor-tavern,  Iriday,  15th  March,  1793, 

"  PRESr.NT, 

"  Captain  Tooke  Ilarwood  in  the  chair, 

**  ^Ir.  Balmanno,  Mr.  Kydd,  Mr.  Tooke,  Mr. 
Martin,  Mr.  Fazackerly,  count  Zenobio,  Mr. 
Sharp,  Mr.  J.  Willianis,  Mr.  Bonney,  Mr. 
Symonds,  rev.  Mr.  Joyce,  Mr.  llolcrok^ 
Mr.  Swainson,  Mr.  Banks,  lord  .Sempill, 
Mr.  Wills,  Mr.  Parkinson,  Mr.  Bailey,  Mr. 
Frost,  Mr.  G.  Williams. 

"  Mr.  Gay,  of  l>uke  street,  St.  James*?, 
was  propof>cd  hy  Mr.  Tooke,  and  sccoiuled  by 
Mr.  Bonney." 

"  At  a  meeting  of  the  Society  for  Con>litu- 
tional  Infurmation,  held  at  the  Crown  aiul 
Anchor- tavern.  Strand,  Friday,  '2 2d  March, 
1793, 

"  PRESENT, 

"  Mr.  Symmonds  in  the  chair, 

«  Mr.  Frost,  Mr.  Hull,  count  Zenobio,  Mr. 
Tooke,  Mr.  Wills,  lord  Scmpill,  Mr.  Bun- 
ney,  Mr.  Kydd,  Mr.  Salchcll,  Mr.  J.  Martin, 
Mr.  AuseU  Mr.  Ilulcroft,  Mr.  Balmanuo, 
capt.  T.  Ilarwood,  Mr.  Parkinson,  Mr.  J. 
Williams,  Dr.  Kentish,  Mr.  Margarot,  Mr. 
Hardy. 

"  Mr.  Gay,  Mr.  Pcllalt,  and  Mr.  Thomas 
Fosbctt,  were  elccteil  menjl»cr>.*' 

Lord  Chief  Justice  Eyre. — Does  it  appear 
that  the  Gay,  who  was  in  prison,  is  the  Gay 
of  Duke-street? 

]\lr.  Attorney  GencraL—CtiW  Mr.  Tourll 
and  Mr.  Evans. 

Alexander  Ci-anl  called  again. 
Mr.   AUmrm^   Ge«era2.^Do    you   know 
"^■Witiiig  thai  paper  is?— I  do  ooU 


87T] 


for  High  Treason. 


A.  D.  ITOk 


[879 


Eran  Evans  again  called. 


Mr.  Attorney  General. — You  mentioned  a 
person  of  the  name  of  Gay,  who  was  in  the 
KingVbench  prison? — Yes. 

Do  you  know  where  he  lived  before  he 
went  into  the  King*s-bench  prison? — ^I  do 
not.  I  think  I  should  know  if  I  heard  it 
mentioned,  because  I  have  heard  it  men- 
tioned !^pvcral  times. 

Was  it  Duke-street  ? — I  believe  it  was  near 
St.  Ji  lues's;  he  used  to  be  with  Martin  every 
day. 

i\ir.  Attorney  General. — ^My  Lord,  I  have 
r.  *v  linishcd  the  evidence  on  the  pairt  of  the 
I  rosccution. 

Defence. 

The  Honourable  Thomat  Er«fcmtf.*— Gen- 
tlemen of  the  Jury ;— Before  I  proceed  to  the 
performance  of  the  momentous  duty  which  is 
at  length  cast  upon  me,  I  desire  in  the  first 
place  to  return  my  thanks  to  the  Judges,  for 
the  indulgence  I  have  received  in  the  opportu- 
Dity  of  addressing  you  at  this  later  period  of 
the  day,  than  the  ordinary  sitting  of  tne  Court; 
when  I  have  had  the  retrcshment  which  na- 
ture but  too  much  required,  and  a  few  hours 
retirement,  to  arrange  a  little  in  my  mind  that 
immense  matter,  the  result  of  which  I  must 
now  endeavour  to  lay  before  you.—'I  have  to 
th'Mik  you  also,  Gentlemen,  for  the  very  con- 
descending and  obliging  manner  in  which  you 
10  readily  consented  to  tnis  accommodation : — 
the  Court  could  only  speak  for  itself,  referring 
me  to  you,  whose  rest  and  comforts  had  been 
80  long  mtemi]>ted.  I  shall  always  remember 
your  kindness. 

Before  I  advance  to  the  regular  considera- 
tion of  thin  great  cause,  cither  as  it  regards  the 
evidence  or  the  law,  I  wish  first  to  put  aside 
all  that  I  find  in  the  speech  of  my  learned 
friend,  the  attorney-general,  which  is  either 
collateral  tu  the  merits,  or  in  which  I  can 
agree  with  him. — First  then,  in  the  name  op 
THE  prison LR,  aud  speaking  hU  sentiments, 
which  are  well  known  to  be  my  own  also,  I 
concur  in  the  ciilo|*iuni  which  ^[ou  have  heard 
upon  the  constitution  of  our  wise  forefathers. 
^Biit  before  this  eulogium  can  have  any  just 
or  useful  application,  we  ought  to  reflect  upon 
what  it  i$  which  entitles  this  Constitution  totlie 
praise  so  juslly  Ijestowcd  upon  it.  To  sav 
nothins;  at  present  of  its  most  csbcntial  excel- 
lence, or  rather  the  very  soul  of  it,  vi/..  the 
sliarc  the  people  ought  to  have  in  their  go- 
vernment, by  a  pure  representation,  for  tne 
•teertioD  of  which  the  Prisoner  stands  ar- 
nigned  asu  tmitor  before  you, — vkat  is  it  that 

•  I  have  been  indulged  by  Mr.  Rogers,  the 
celebrated  author  of  the  Pleasures  of  Memory 
and  other  poems,  with  Mr.  Home  Tooke's 
eopy  of  Hardy's  trial,  where  I  find  in  Mr. 
Xmke'ii  hand-writing  at  the  end  of  this  argu- 
mit,  the  following  remarkable  uolc :  **  Tuts 

flTEICtt  WILL  LIVE  roil  EVEU.** 


clistinjFuishes  the  government  of  England 
from  the  most  despotic  monarchies  ?  What — 
but  the  security  which  the  subject  enjoys  in  a 
trial  and  judgment  l^y  his  equals;  rendered 
doubly  secure  as  Ix'inj.r  part  of  a  system  of  law 
which  no  expcdienry  ran  warp,  and  which  no 
power  can  abuse  with  inrpunity  ? 

To  the  Attorney  General's  second  prelimi^ 
nary  observation,  I  equally  agree. — I  anxi- 
ously wish  with  him  tliat  you  shall  bear  in 
n^^mory   the  anarchy    which  is  desolating 
1  ance.— Before  I  sit  down,  I  may  perhaps, 
in  MY  turn,  have  occasion  to  reflect  a  little 
upon  its  probable  causes ;  but  waiting  a  sea- 
son for  such  reflections,  let  us  first  consider 
lehat  the  evil  is  which  has  been  so  feelingly 
lamented,  as  having  fallen  on  that  unhappy 
country. — It  is,  that  under  the  dominion  or  a 
barbarous  state  necessity,  every  protection  of 
law  is  abrogated  and  destroyed ; — it  is,  that 
no  man  can  say,  under  such  a  system  of  alarm 
and  terror,  that  his  life,  his  liberty,  his  repu- 
tation, or  any  one  human  blessing,  is  secure 
to  him  for  a  moment :  it  is,  that,  if  accused 
of  federalism,  or  moderatism,  or  incivism,  or 
of  whatever  else  the  changing  fashions  and 
factions  of  tlie  day  shall  nave  liAed  up  into 
high  treason  ajspinst  the  State,  he  must  see 
h'ls  friends,  his  nimily,  and  the  light  of  heaven, 
no  more :— the  accusation  and  the  sentence 
being  the  same :  following  one  another  as  the 
thunder  pursues  the  flash.    Such  has  been  the 
state  of  England, — such  is  the  state  of  France : 
and  how  then,  since  they  are  introduced  to 
you  for  application,  oiieht  thev  in  reason  and 
sobriety  to  be  applied?    If  this  prosecution 
has  been  commenced  (as  is  asserted)  to  avert 
from  Great  Britsun  the  calamities  incident  to 
civil  confusion,  leading  in  its  issues  to  the  de- 
plorable condition  of  France ;  I  call  upon  you, 
^ntlcmen,  to  avert  such  caJamity  from  fall- 
mg  upon  my  client,  and  through  his  side  upon 
yourselves  and  upon  our  country. — Let  not 
him  suffer  under  vague  expositions  of  tyran- 
nical laws,  more  tyrannically  executed. — Let 
not  Aim  be  hurrie<l  away  to  pre-doomed  exe- 
cution, from  an  honest  enthusiasm  for  the 
public  safety.^ I  ask  for  him  a  trial  by  this 
applauded  consUtution  of  our  country : — I  call 
upon  you  to  administer  the  law  to  him,  ac- 
cording to  our  own  wholesome  institutions, 
by  its  strict  and  rigid  letter.    However  you 
may  eventually  disapprove  of  any  part  of  his 
conduct,  or  viewing  it  through  a  false  medium, 
may  think  it  even  wicked,  1  claim  for  him,  as 
a  subject  of  England,  that  the  law  shall  decide 
upon  its  criminal  denomination: — I  protest, 
in  his  name,  against  all  appeals  to  speculations 
concerning  consequence*,  when  the  law  com* 
mands  us  to  look  only  to  intentions.— If  the 
state  be  threatened  with  evils,  let  parliament 
administer  a  nrospfrf  ire  remedy,  but  let  the 
prisoner  hold  his  life  under  the  law. 

Gentlemim,  I  ask  this  solemnly  of  the 

Court,  whose  Justice  I  am  persuaded ^VSV^^- 

ford  it  to  mc ',  I  ^?kVL\Xtww^  fe\«^t«8ft«fi^  ^ 

ymif  (he  jury,  nnVvo  'a\c  waaR^>4\«^=^^»»^^ 

I 


879] 


35  GEORGE  III. 


to  make  a  true  deliverance  of  your  country- 
maD,  from  this  charee: — but  lastly^  and 
chiefly,  I  implore  it  or  him  in  whose  hands 
are  all  the  issues  of  life ;  whose  humane  and 
merciful  eye  expands  itself  over  all  the  trans- 
actions of  mankind ;  at  whose  command  na- 
tions rise,  and  fall,  and  are  regenerated ;  with- 
out whom  not  a  sparrow  falleth  to  the  ground  ; 
— I  implore  it  ot\God  himself^  that  He  will 
fill  your  minds  with  the  spirit  of  justice  and 
of  truth ;  so  that  you  may  be  able  to  find  vour 
way  through  the  labyrinth  of  matter  laid  be- 
fore you,  a  labyrinth  in  which  no  man's  life 
was  ever  before  involved,  in  the  annals  of 
British  trial,  nor  indee<l  in  the  whole  history 
of  human  justice  or  injustice. 

Gentlemen,  the  first  tiling  in  order,  is  to 
look  at  the  indictment  itself;  of  the  whole  of 
which,  or  of  some  integral  part^  tlie  prisoner 
must  be  found  guilty,  or  be  wholly  discharged 
from  guilt 

.  The  indictment  charges  that  the  prisoners 
did   maliciously   and   traitorously   conspire, 
compass,  and  imagine,  to  bring  and  put  uur 
lord  the  king  to  death ;  and  that  to  fulfil,  per- 
fect and  bnng  to  efiect,  their  most  evil  and 
wicked  purpose  (that  it  to  say^  of  bringing  and 
putting  the  king  to  death),  "  they  met,  con- 
spired, consulted,  and  agreed  amongst  them- 
selves, and  other  false  traitors  unknown,  to 
cause  and  prfKrure  a  convention  to  be  assem- 
bled within  the  kingdom,  WHH  INTENT—''. 
(lam  reading  the  very  words  of  the  indict- 
jfketitf  which  I  entreat  you  to  follow  in  the 
notes  you  have  been  taking  with  such  honest 
perseverance)—"  WITH  INTENT,  AND  IN 
ORDER  that  the  persons  so  assembled  at 
such  convention,  should  and  mieht  traitor- 
ously, and  in  defiance  of  the  autnority,  and  | 
aaainst  the  will  of  Parliament,  subvert  and  i 
after,  and  cause  to  be  subverted  and  altered, 
the  legislature,  rule,  and  government  of  the  j 
country,  and  to  depose  the  king  from  the  . 
royal  state,  title,   fx>wer,   and    government 
thereof."    This  is  the  first  and  great  lead-  \ 
ing  overt  act   in    the   indictment;  and  you  ' 
observe  that  it  is  not  charged  as  being  trea-  : 

son  SUBSTANTIVELY    AKD    IN   ITStLl';   but  Only  ■ 

as  it  is  committed  in  pursuance  of  the  trea- 
son against  the  king's  pers<»n,  antecedently 
imputed;— for  the  charge  is  not,  that  the  . 
prisoners  conspired  to  assemble   a  convcn-  ' 
tion    to    DEPOSE   the   kin^,    but  that  they 
conspired   and   compassed    his  death;  and 
that,  in  order  to  accomplish  that  wicked  and 
detestable  purpose,  ».  f .  in  order  to  fulfil  the  . 
traitorous  intention  of  the  mind  against  his  i  ipe, 
they  consfHred  to  assemble  a  convention,  with 
a  view  to  depose  him.    The  same  observation  • 
applies  alike  to  all  the  other  counts  or  overt 
acts  upon  the  record,  which  manifestly  indcM^ 
le«9  vpon  tlie  estabtishment  of  the  finl  te  , 
their  supfXHrt;  because  tlM7.>>i««M  « 
IkaiioB  of  difimut  — '^- — 
of  amSy  Mffflt 


Trial  of  Thomas  Hardy  [880 

hied:  but  above  all,  and  which  must  never  be 
forgotten,  Itecause  they  also  uniformly  chajge 
these  difierent  acts  as  committed  in  fulfilment 
of  the  same  traitorous  purpose,  to  beihs  thi 
KING  TO  DEATH.  You  will  therefore  have 
three  distinct  matters  for  consideration,  upon 
this  trial:  First,  What  share  (if  any)  the  pfi* 
soner  had,  in  concert  with  others,  m  asses* 
blin^  any  convention  or  meeting  of  subjects 
M'ithm  this  kingdom : — Secondly,  What  weit 
the  acts  to  be  £>ne  by  thia  convention,  wfan. 
assembled: — andThirdly,  What  was  the  view, 
pur|>oseyand  intention  of  those  who  project* 
ed  its  existence.  This  third  consideration* 
indeed,  comprehends,  or  rather  precedes  uid 
swallows  up  the  other  two ;  because,  before  it 
can  be  material  to  decide  upon  the  views  of 
the  convention,  as  pointed  to  the  subversion 
ofthe  rule  and  order  of  the  kinf:*8  political 
authority  (even  if  such  views  could  be  ascrib- 
ed to  it,  and  brought  home  even  personally  to 
the  prisoner),  we  shall  have  to  examine  whe* 
tlier  that  criminal  conspiracy  against  the  esta- 
blished order  of  tlie  commtmityt  was  hatched 
and  engendered  by  a  wicked  contemplation 
to  destroy  the  natural  life  and  person  of  the 
king,  and  whether  the  acts  charged  and 
eslablislied  by  the  evidence,  were  done  m 
pursuance  and  in  fulfilment  ofthe  same  trmtor^ 
€us  purpose. 

Gentlemen,  this  view  of  the  subject  is  not 
only  correct,  but  self  evident.— The  subver- 
siou  of  the  King's  political  government,  and 
all  conspiracies  to  subvert  it,  are  crimes  of 
great  magnitude  and  enurmity,  which  the 
taw  is  open  to  punish ;  but  neither  of  them  are 
the  crimts  before  you.-^The  prisoner  is  kot 
charged  with  a  conspiracy  aj^ainst  the  King's 

POLITICAL    COVERNMEXT,    but   HgaiUSt   his  XA- 

TUUAL  i.iFn.  lie  is  not  accused  of  having 
merely  taken  steps  to  depose  him  from  hisau- 
Uiority,  but  with  having  clone  <o  uiththeinienr- 
tion  to  bring  him  to  death.— 1 1  is  the  act  with 
the  specific  intention,  and  not  the  act  alone, 
which  constitutes  the  charu'c. — The  act  of 
conspiring  to  depose  the  King,  may  indeed  be 
evidence,  according  to  circuin>tances,  of  an 
intention  to  destroy  his  natural  existence, 
but  never,  as  a  proposition  of  law,  can  consti- 
tute tlie  intention  itself. — Where  an  act  is 
done  in  pursiuince  of  an  intention,  surely  the 
intention  must  first  exist ;  a  man  cannot  do  a 
thing  in  fulfilment  of  an  intention,  unless  his 
mind  first  conceives  that  intention.— The 
doing  an  act,  or  the  pursuit  of  a  \vstcm  of 
conduct  which  leads  in  probable  con>oquence9 
to  the  death  ofthe  Kin^,  may  legally  (if  any 
such  be  before  you)  afreet  the  consKleratioii 
of  the  traitorous  purpose  chargeil  by  the  rs- 
cordy  and  I  am  not  afraid  of  trusting  ^"ou  with 
the  evidence. —  k  low  far  any  civen  act,  or 
M  of  actinc,  independent! v  of  intentioii, 
kid  probebly  or  inevitably  to  any  ne- 
*-Vtkal  coBseoueneey  is  what  iw 
■nehli:  these  maybecorioas 
"  •        but  ft  ii 


881] 


Jin  High  Treason^ 


quences  unconnected  even  with  intention  or 
consciousness,  shall  be  synonymous  in  law 
with  the  traitorous  mind ;  although  the  trai- 
torous mind  alone  is  arraigned,  as  constitut- 
ing the  crime. 

Gentlemen  J  the  first  question  consequently 
for  consideration,  and  to  which  I  must  there- 
fore earnestly  implore  the  attention  of  the 
Court,  is  this:  —  What  is  the  law  upon 
THIS  momentous  suBjf.cT  P  —  And  recollect- 
ing that  1  am  invested  with  no  authority,  I 
shall  not  presume  to  offer  you  any  thing  of 
mvown; — nothing  shall  proceed  from  my- 
self upon  this  part  of  the  inquiry,  but  that 
which  is  merely  introductory,  and  necessary 
to  the  understanding  of  the  authorities  on 
which  I  mean  to  rely  for  the  establishment 
of  doctrines,  not  less  essential  to  the  general 
liberties  of  England,  than  to  the  particular 
consideration  which  constitutes  our  present 
duty. 

First  then,  I  maintain  that  that  branch  of 
the  statute  ^.5th  of  Edward  3rd,  which 
declares  it  to  be  high  treason  **  when  a  man 
doth  compatt  or  imagine  the  death  of  the  Kingf 
of  hiM  tad^  the  Quttn,  or  of  hit  elJea  $oh  and 
Keir"  was  intended  to  guard  by  a  higher  sanc- 
tion than  felony,  the  natural  lives  of  the 
King,  Queen,  and  Prince ;  and  that  no  act, 
therefore  (cither  inchoate  or  consummate), 
of  remittance  to,  or  rebellion  against^  the  King*» 
regal  capacity,  amoimts  to  high  trcawn  of 
compauing  hit  death,  unlc:>s  where  they  can 
be  charged  u|>on  the  indictment,  and  proved 
to  the  satisfaction  of  the  Jury  at  the  trial,  as 
overt  acts,  committed  by  the  prisoner,  in/ul- 
filment  of  a  traitcrou*  intention  to  deUroy  the 

King^t  hAlVViW.    LIFT.. 

Secondly,  that  the  compassing  the  King's 
death,  or,  in  other  wonls,  the  traitorous  in- 
.  icntion  to  destroy  his  natural  existence,  is  the 
treason,  and  nut  the  overt  acts,  which  arc 
only  laid  as  manifestations  of  the  traitorous 
intention,  or,  in  other  wunls,  as  i.vidf.nce 
competent  to  he  left  to  a  Jury  to  prove  it ; 
and  tliat  no  cunspimcy  to  Icv^  war  against 
the  Kini^,  nor  any  conspiracy  against  his  rcf^al 
character  or  capucitif,  is  a  good  overt  act  of 
compassing  hit  dtath,  unless  some  force  be 
exerted,  or  in  contemplation  against  iiik 
KiMo'b  PERSON  :  and  that  such  force  so  exerted 
or  in  contemplation,  is  not  substantively  the 
treabon  of  compassing,  but  only  competent  in 
point  of  law  to  establish  it,  if  the  Jury,  b^  the 
verdict  of  (juilty,  draw  that  conclusion  of  fact 
from  the  evidence  of  the  overt  iict. 

Thirdly,  that  the  charge  in  the  luilictmcnt, 
of  compassing;  tlic  King's  death,  is  not  laid  as 

X inducement  or  introduction,  to  follow  as 
il  inference  from  the  establishment  of 
the  overt  act,  but  is  laid  as  an  averment  of  a 
^  FACT ;  and,  as  such,  the  very  gist  of  the  In- 
'  dictmeut,  to  be  affirmed  or  negatived  by  the 
WPdict  of  Guilty  or  Not  Guilty.    It  will  not 
.(Jifm  persuaded)  be  suspected  by  the  Attor- 
Mf-General,  or  by  the  Court,  that  I  am  about 
4lt|,iHpport  these  doctrines  by  opposing  my 

VQm  AAiVa 


A.  D.  I'm. 

own  iudgroent  to  the  authoritative  writings 
of  the  venerable  and  excellent  lord  IIa£, 
whose  memory  will  live  in  this  country,  and 
throughout  the  enlightened  world,  as  lon^  as 
the  administration  of  pure  justice  shall  exist : 
neither  do  I  wish  to  oppose  any  thing  which 
is  to  be  found  in  the  other  learned  authori- 
ties principally  relied  upon  by  the  Crown,  be- 
cause all  my  positions  arc  perfectly  consistent 
with  a  right  interpretation  of  them  ;  and  be- 
cause, even  were  it  otherwise,  I  coulil  not  ex- 
pect successfully  to  oppose  Uiem  by  any  rea- 
sonings of  my  own,  which  can  have  Dp 
weight,  but  as  they  shall  be  found  at  once 
consistent  with  acknowledged  authorities,  uid 
with  the  established  principles  of  the  English 
Jaw.— I  can  do  this  with  the  greater  security, 
because  my  res|)ectable  and  learned  friend, 
the  Attorney  General,  has  not  cited  cases 
which  have  been  the  disgrace  of  this  country 
in  former  times,  nor  ask^  vou  to  sanction  bv 
your  judgment  those  bloody  murders,  whicn 
are  reconied  by  them  as  acts  of  English  jus- 
tice ;  but,  as  might  be  expected  of  an  honour- 
able man,  his  exfiositions  of  the  law  (though 
I  think  them  frequently  erroneous)  are  drawn 
from  the  same  sources,  to  which  I  look  up  for 
doctrines  so  very  dificrcnt. — I  find,  imieed, 
throughout  the  whole  range  of  authorities  (£ 
mean  those  which  the  attorney-general  hat  pro^ 
perly  considered  at  deserving  that  name  and 
character)  very  little  contradiction ;  for,  as 
far  as  1  can  discover,  much  more  entangle- 
nicnt  has  arisen  from  now  and  then  a  trip- 
fiing  in  the  expression,  than  from  any  dif- 
ference of  sentiment  amongst  eminent  and 
virtuous  judges,  who  have  cither  examined, 
or  sat  in  judgment  upon  this  momentous  sub- 
ject. 

(fcntlemen,  liefore  I  pursue  the  course 
1  have  prescribed  to  myself,  I  desire  ipost 
distinctly  to  be  understood,  that  in  my  own 
opinion  the  must  successful  argument,  that  a 
conspiracy  to  depose  the  king  does  not  ne- 
cessarily establish  the  treason  charged  upon 
this  record,  i>  totally  WESirr.  any  possible 

JUDGMLNT     that     YOU     CAN     HAVE     TO   I'ORM 
UPON     THE     EVIDENCE     BEFORE     YOl'  ;       siuCC 

throughout  the  whole  volumes  that  have  been 
read,  [  can  trace  nothing  that  even  p()ints  to 
the  imagination  of  such  a  cunspiriicy ;  and 
consequently  the  doctrines  of  Coke,  Hale, 
and  I- osier,'  on  the  subject  of  high  treason, 
might  equally  be  deliuled  in  any  other  trial 
that  has  ever  been  ]»rocecded  u|hjii  in  tliis 
place.  Hut,  Gcnllemen,  I  stand  in  a  fearful 
and  delicjilc  sitiulioii.— As  a  supposed  attack 
upon  the  kini;S  civil  authority  has  been 
transmuted,  l»y  cjinstrutlioii,  into  a  mnnleroiis 
conspiracy  air;iini>t  his  natural  person  ;  in  tlic 
same  ninnnor,  and  by  the  «iame  arL;uincnts,  a 
roiippirary  t<»  overturn  that  civil  authority, 
by  direct  force,  has  ai^ain  been  assimilated, 
hyjarlhvr  con>iimthul  to  a  design  to  under- 
mine monarchy  by  changes  wrought  throti|;h 
public  opinion,  cnlargjuig  ^i^NrnVj  vB\tt>asa'- 
vcrsal  vriVl -,  «o  X\v&\.\  caxL  ai^xcaX.  ttf> Sa^sft  ^^ 
3  L 


883] 


35  GEORGE  lU. 


Trial  of  Thomat  Hardy 


[SM 


position,  however  wide  I  may  think  it  of  ra- 
•tional  application. — For  as  there  is  a  con- 
structive COMPASSING,  so  also  thcrc  is  a 
CONSTRUCTIVE  DEPOSING  ;  and  I  cannot,  there- 
fore, possibly  know  what  either  of  them  is 
separately,  nor  how  the  one  may  be  argued  to 
involve  the  other. — ^I'here  are,  besides,  many 
prisoners,  whose  cases  are  behind,  and  whose 
lives  may  be  involved  in  your  present  delibe- 
ration ;  their  names  have  been  already  stig- 
matized, and  their  conduct  arraigned  in  the 
evidence  you  have  heard,  as  apart  of  the  con- 
miraci/. — it  is  these  considerations  which 
wvc  me  into  so  lar^e  a  field  of  argument, 
because,  by  sufficiently  ascertaining  the  law 
in  the  outset,  they  who  are  yet  looxing  up  to 
it  for  protection,  may  not  be  brought  into 
peril. 

Gentlemen,  I  now  proceed  to  establish, 
that  a  compassing  of  tne  death  of  the  kine, 
within  the  twenty -fifth  of  Edward  the  third, 
vhich  ii  ike  charge  against  the  prisoner^  con- 
lists  in  a  tnutorous  intention  against  his 
VATURAL  life;  and  that  nothing  short  of 
your  firm  belief  of  that  detestable  intention, 
from  overt  acts  which  you  find  him  to  have 
committed,  can  justify  his  conviction.  That 
I  may  keep  my  word  with  you  in  building  my 
argument  upon  nothing  of  my  own,  I  hope 
my  friend  Mr.  Gibbs  wilf  have  the  goodness 
to  call  me  back,  if  he  finds  me  wanderine 
from  my  engagement ;  that  1  mav  proceed 
step  by  step  upon  the  most  venerable  and  ac- 
iuiowled^ed  authorities  of  the  law. 

In  this  process  I  shall  begin  with  lord 
Hale,  who  opens  this  inn>ortant  subject  by 
stating  the  reason  of  pa«5sing  the  statute  of  the 
twenty-fifth  of  Kdward  the  third,  on  which 
the  indictment  is  founded. — Lord  Hale  says, 
in  his  Pleas  of  the  Crown,  vol.  i.  page  02, 
that  "  at  common  law  there  rras  a  great  latitude 
used  in  raiting  offences  to  the  criwc  and  punish* 
menl  of  treason^  by  Kay  of  interpretation  and 
arbitrary  constim.ction,  which  brought  in 
great  uncertainty  and  confusion.  Thus  ac- 
croaching, i.  e.  INCllOACUING  ON  IIOVAL  POWER 
teas  an  usual  charge  of' treason  anciently^  though 
a  very  uncertain  charge ;  so  that  no  man  could 
tell  what  it  teas,  or  uhat  dtftncc  to  make  to  it^ 
Lonl  Hale  then  goes  on'  to  ^tatc  various  in- 
stances of  vexation  and  cruelly,  and  concludes 
with  this  striking  observation :  "  by  these  and 
the  like  instances  that  might  be  given,  it  appears 

kine    ARBITRARY     AND    UNCEllTAIS     the    luw    of 

treason  zcas  before  the  statute  of'ibth  of  Edward 
the  IJIrdf  whereby  it  came  to  pass  that  almost 
every  offence  that  was,  or  seemed  to  be,  a  breach 
^' the  faith  and  allegiance  due  to  the  king,  was 
by  coNSTKiJCTiOK,  conseqvencc,  and  inter- 
pretation, raised  into  the  offvnce  of  high 
treason'*  This  is  the  lamentation  of  the  great 
Uale  upon  the  state  of  this  country  previous 
to  the  passing  of  the  statute,  which,  lie  says, 
was  passed  as  a  remedial  law,  to  put  an  end 
to  thero ;  and  lord  Coke,  considering  it  in  the 
■ame  light,  says,  in  his  third  Institute,  page 
Mud,  ^iAepsriidmentwhLkpwedihiittatvU 


wa$  called  (at  it  well  daerved)  parliamenhtm 
benedictum ;  and  the  like  honour  was  given 
to  it  by  the  different  statutes  which  from  time 
to  time  brought  back  treasons  to  its  standard, 
all  agreeing  in  magnifying  and  estplling  tkh 
blessed  Act.** — Now  this  statute,  which  has 
obtained  the  pancg^'ric  of  these  great  men, 
whom  the  Chief  Justice  in  his  Charge  looked 
up  to  for  light  and  for  example,  and  whom 
the  Attorney  General  takes  also  for  his  guide, 
would  very  little  have  deserved  the    high 
eulogium  bestowed  upon  it,  if,  though  avow- 
edly passed  to  destroy  uncertainty  in  criminal 
justice,  and  to  beat  down  the  arbitrary  con- 
structions of  Judges,  lamented  by  Hale,  asdis* 
figuring  and  dishonouring  the  law,  it  had,  ne- 
vertheless, been  so  worded  as  to  give  birth  to 
new  constructions  and  Uncerialutiesj-nwtcad 
of  destroyins;  the  old  ones. — It  would  bat  ill 
have  entitled  itself  to  the  denomination  of  a 
blessed  statute,  if  it  had  not,  in  its  enactiic 
letter,  which  professed  to  remove  doubts,  'and 
to  ascertain  the  law,  made  use  of  expressims 
the  best  known  and  understood;  and  it  will 
be  found  accordingly,  that  it  cautiously  did  so. 
It  will  be  found,  that,  in  selecting  the  expres- 
sion of  COMPASSING  THE  DEATH,  it  cmploycd  a 
term  of  the  most  fixed  and  appropriate  signifi- 
cation in  the  language  of  English  law,  which 
not  only  no  judge  or  counsel,  but  which  no 
attorney  or  attorney's  clerk,  could  misunder- 
stand; because  in  former  aees,  before  ^e 
statute,  compassing  the  death  of  any  mav 
had  been  a  felony,  and  what  had  amounted  to 
such  compassing,  had  been  settled  in  a  thousand 
instances.    To  establish  this,  and  to  shoir 
also,  by  no  reasoning  of  mine,  that  tlic  term 
"  compassing  the  death"  was  intended  by  the 
statute,  when  applied  to  the  King,  as  high 
treason,  to  liave  the  same  signification  as  it 
had  obtained  in  the  law  when  applied  to  the 
subject  as  a  felony,  I  shall  refer  to  Mr.  Justice 
Foster,  and  even  to  a  nassase  cited  by  the 
Attorney  General  himself,  which   speaks  so 
unequivocally  and  unanswerably  for  itself,  as 
to    mock   all    commentary. — "  2'hc    ancient 
writers,**  says  Foster,  •*  in  treating  offeloniom 
homicide,  considered  the  felonious  intention 
manifested  by  plain  facts,  in  the  same  light,  in 
point  of  guilt,  as  homicide  itself, — The  rule  rdt, 

voluntas  IIFPUTATLR.  PRO    FACTO;    OndwhUc 

this  rule  prerai/cd,  the  nature  of  the  offence  wef 
expressed  by  the  term  compassing  the  death. 
'This  rule  has  been  Jong  laid  aside  as  too  rigortmi 
in  the  case  of  common  persons ;  but  in  the  case  rf 
the  Kiyc,  'QrFix,  «;i(f  Princf,  the  statute!^ 
treasons  has,  ir it h  great  propriety,  RFTAiVEDtf 
in  its  full  erlent  and  t^igour  ;  and  in  detcribing 
theoffence,  has  likewise  RETAI\ED«r«irtt«rf 
mode  ofexpremon,  nhen  a  man  doth  eompaner 
imagine  the  death  of  our  lord  the  king^  f^^md 
thereof  be  upon  nifficient  proof,' janmu^ 
attainted  of  open  deed^  /^  pttmt*  mfhim  d 
the  wordMt^'tkBsieitvd^dmt^ 
mifif,  TBEaEEO-*    ^ 


801}  jfbf  Higk  Treoion* 

mau  and  knisinc  the  kinji't  deMih  :  and  then  go  [ 


on 

r 

HIV 
lit 


I 
view  {i 

ill  I 

tf> 

©h'  -       .-..^... 

V  II   of   UlC    i 

to  rt!su}  t ! 

r  cing  Ibc  t 

&l^ule  i  Uic  couiiuon  law  . 

sidefed,   evrn  in  the  rn^e  > 

lent  tij 


St., 

to    . , 

common  law,  as 


find  the 
r  morinl 
tent:* 
.It  first 
-  elected 
\\\   that 

1  of  the 

:  exccu- 
iierilioti 

V  iji  the 
I  .NT low, 
prescr- 
i— Ith 
Hlitrv  t>f 
c  orthc 

i«lv  con- 

-sulijrcl, 
Nf»irit  gl 

ill  of 

of 

.  r,l 

'    i- 

,  loo  rJ^i>rous 
I  1 1  III  r  iA  trca- 

dcuLb  of  a  &ub- 

lyroadc 
1  define 
n  of  the 
i^  homi- 


:    |juciiri«>ii   j'H"  inc 

1  his  sacnd  hie), 
•thK  ibeie fore, 

12    to  RtT4JN 

11.     U  appenii  to  \uv,  Ihcrc- 

';lilc.   nut  ciiilv  liv  ihr  wonl^ 


ipa^ing  the 


'    Hi 


^1 


A.  D.  179^. 
that*  wtthin  the  letter  aad  raeanlDi^  of  th 

i.U  would  not,  X\ 

ct;  for  <ji  r, 

.^1  beseeo, aiL  ..  _..  .,,-/ 

the  fctalutL'   ncf4n  i  inw,  uud  th 

appropriate  woTd  to  '  ^  i;  fonfitwea 

uEVono  TT»  it  woiikl,  im  ibc  cnnlmry»  hav 
been  n  ?ctw  nilr  tinlcnnwri  to  the  contma 
law.  ' 

vatiu..     .  ^  ,,,,,.  .      <ti , 

IcgibUtuK  vcuuitit:  :sulIi  a  imIc^  bu| 

we  are  in  i^^  what  it  //uif /iMmvt^  en 

(ult'd,  but  ^vhii  1 1  /  '      "       '  it! 

to  ask  fiardou  fur  yj 

'"'  '"""      '  t  of  nij?  own  U|»uii  lliiri  i^imjet  t,    wut-fl 

I  tics  urc  more  express  to  the  p\i|^ 

i-^>  -  '  '-- -    1  '■'-  '-^:   lor  Mr 

Ju*>li  J>iscour 

Ist^  CI  li,^,.  i .  .   . ,        ^/  fA(?  ii)Of'^ 

fie^cnpdvc  tif  t  ,  vi^t.  •  i/ a  man  dijt\ 

'  eitmpau  vr  im*i:[  thereof  be  alttitntedt 

*  o/)<:m  c/<'iV/|*  arc  />/«#«///  iMrntwed  from  in 
common  Ittw^  und  therefore  muU  bear  the  3aM€ 
coiutriutioji  thfif  did  at  common  lauh*^ — Is  this 
dinmct? — I  will  re.id  it  to  you  ugain  :  "  all 
tlt£  ivordi  dcurtptn*'  of  the  iijfenci\  viz,    '  f/^<* 

*  man  doth  tcftipatu  ur  imngiutt  ttnd  thereof  i^ 
*■  tiltaiated  of  open  deal^  w^c  pUtinl^  ttorrtmcd 
from  Ike  common  iaw^  and  (here fore  mud  hea^ 
fhr  '-\^u-  const ruciiua  ihcy  did  at  coimwm  law,* 

('I  iilijiien,  Mr.  Jus»ticc  Fobttr  is  by  in 
nic.iit^  lingular  in  l)iis  due  trine. —Lord  Coko 
the  onicle  of  the  law,  and  the  best  ordcle  ou 
can  consult,  when  slanding  for  a  prisoner" 
charged  with  trcaM)n,  as  he  was  the  highest 
prerogative  lawyer  that  ever  existed,  tmiintains 
the  s^inie  doctrine — even  He,  even  Coke,  th« 
infamous  proseculor  of  Raleigh  *  whose  cba^ 
racter  with  posterity ,aH  an  alto  r  1 1 ,  mj 

worthy  and  honourable  fnpud.  lin  1 

hold»  to  be  iiuLlior  of  all  his  v^kiabli:  worksj 
y<.i  even  this  very  lord  Coke  himself,  hold 
[Mcci>vely  the  same  language  with  Fosler.- 
I'or,  in  nis  comraenlary  on  this  sLtlute,  in  hii 
third  Institute,  p.  6,  when  lie  comes  lo  IIm 
word,  "  ooTU  toiiHA&s,"  he  says,  ♦*  Let  us 
first  what  the  contpassing  the  death  of  a  sli 
jicf  was  before  the  making  of  this  slututi 
when  voluntas  reputaVmtur  pro  fw-to.**— Noi 
what  IS  the  plain  English  of  this?^^Thc  con 
iiKiilalur  s:iys,  I  am  /i/mL'  t"  mstrnct _yc»u,  th 
vho  are  V^  '^  rnc  the  law  of 

what  is  ii  t  m:;  of  the  death 

ui  the  KiJio;  but  that  I  ii^ouol  do,  but  by  first 
<^tirninir  you  lo  look  into  what  wus  the  com- 
V  the  death  of  a  suwkct  at  the  an 
I  non  law*  brrauae  the  statute  hav 

ju^  uKi'le  u  r Ui'd  to  ill 

Kixc»  I  he  criii  which, 

,       ;,     ..:,,     :.      .    n          .--•  nf  ;l  ^n 
r,.|';,!r    h.   .,1-   l.i    .       i -  '    ,    with 

•  Se«  »r  Walter  lUlci'^lC^  esist  'm>ad>^05i^ 


8S7] 


35  GEORGE  III. 


trate  the  otbeh. — ^This  is  so  directly  the  train 
of  lord  Coke's  reasoning,  that  in  his  own  sin- 
gularly iTccise  style  of  commentating,  he  im- 
mediately lays  before  his  reader  a  variety  of 
instances  trom  the  ancient  records  and  year- 
books, oi  compassing  the  subject's  death  ; 
tod  what  are  tney  f — Not  acts  wholly  colla- 
teral to  attacks  upon  lile,  dogmatically  laid 
down  hy  the  law  from  speculations  upon  pro- 
bable or  possible  consequences;  but  assaults 
WITH  INTENT  TO  MURDER; — conspiracies  to 
waykiy  the  person  with  the  same  intention  ; 
and  other  murderous  roachinations.— These 
were  the  only  compassings  before  the  statute, 
a^inst  the  subject's  life ;  and  the  extension 
ot  the  expression  was  never  heanl  uf  in  the 
]aw  till  introduced  by  the  craft  of  f>olitical 
judges,  when  it  became  applicable  to  crimes 
aganibt  the  State. — Here  again  I  desire  to 
appeal  to  the  highest  authorities  for  this 
source  of  constructive  treasons;  for  although 
the  statute  of  Edward  linl  had  expressly  di- 
rected that  nothini;  should  be  declared  tu  be 
treason  but  cases  within  its  enacting  letter, 
yet  lord  Hale  says,  in  his  Picas  of  the  Crown, 
page  83,  that  '♦  thingi  were  w  carried  by  par- 
ties flwd  FACTION*?,  I II  the  succeeding  reign  of 
Jiic/iaid  *^nd,  ihut  this  Uutute  was  htit  littte 
observed,  but  ut  this  or  that  party  got  the  better. 
— iSo  the  crime  of  high  treason  was  in  a  manner 
arbitrarily  imposed  and  adjudged,  to  the  disad- 
raniafjie  of  the  party  that  was  to  be  judged; 
which,  by  various  vicissitudes  and  revolutions, 
misehicfed  all  parties  Jirst  and  last,  and  left  a 
great  unsettfednrss  arid  unquietness  in  the  minds 
rf  the  people,  and  was  one  of  the  occasions  if  the 
unhuppincss  of  that  King, 

*<  All  this  mischief  was  produced  by  the  sta- 
tute of  the  21st  of  Kichard  2nd,  which  enacted. 
That  every  man  that  compasscth  or  pursueth  the 
death  of  the  King,  or  to  di.pose  him,  or  to 

RENDER    UP     HIS    HOMAGE    MFOF,    Or     he    that 

raiseth  people,  and  riddh  against  the  King,  to 
fnake  war  within  his  realm,  and  of  that  be  uily 
attainted  and  adjudged,  shall  be  adjudged  a 
traitor,  of  high  treason  against  the  crown. 

**  This,**  says  lord  Hau*,  "  was  a  gnat  snare 
to  the  subject,  insomuch  that  the  statute  \st  of 
Henry  4th,  which  repealed  if,  recited  that  no 
man  knew  how  he  ought  to  bch are  himself,  to  do, 
tpeak,  or  say,  for  dtnibt  of  such  pains  of  trea- 
son :  and  therefore,  wholly  to  remove  the  preju- 
dice, which  might  come  to  the  king**  subjects,  the 
statute  1st  of  Henry  4th  chap,   10,  was  wade 

WHICH  IIKOUOIIT  BACK  TREASON  TO  THE  STAN- 
DARD cip  THE  25Tn  OF  Edward  Sp.d." 

Now  if  wc  look  to  this  statute  of  Richard 
2nrl,  which  pnxluced  such  mischiefs — what 
are  llicy  ? — As  far  as  it  rc-cnactcd  the  treason 
of  compassing  the  King's  death,  and  Icvyinp: 
war,  it  only  rc-ciiacted  the  slJitutc  of  Edward 
3rd,  but  it  went  beyond  it  by  the  loose  con- 
struction of  comjmssing  to  depose  the  King, 
and  raising  the  people,  and  riding  to  make 
war,  or  a  compassing  to  depose  him,  terms 
^Ew  to  tue  common  law.  The  actual  levying 
^J'orce,  to  imprison  or  depau  the  King,  vos  at- 


Trial  of  Thomas  Hardy  [888 

'  ready  and  properly  high  treason,  within  the 
j  second  branch  of  the  statute;  but  this  statute 
>  of  Richard  Snd  enlarged  only  the  crime  of 
;  compassing,  making  it  extend  to  a  compassing 
'  to  imprison  or  depose,  which  are  the  great 
objects  of  an  actual  levying  of  war,  and.  mak- 
ing a  compassing  to  levy  war,  on  a  footing 
wilh  the  actual  levying  it.— It  seems,  ]httt- 
fbre  most  astonishing,  that  any  judge  cooM 
be  supposed  to  have  decided,  as  an  ahttmet 
rule  of  law,  that  a  compassing  to  im'prison  or 
I  depose  the  king  was  high  treason,  svasxair- 

!  TIVELY,    WITHOUT    PREVIOUS    COMPASSING    OF 

'  HIS  DEATH  :  since  it  was  made  so  by  this  ila- 

I  tute,  S  Ist  of  Richard  «nd,  and  reprobated,  lti|- 

-  matized,  and  repeated  by  the  statute  M  of 

Henrv  4th,  chap.  10.    "  Jnd  so  Utile  eg^ 

I  says  Mr.  Justice  Blackstone,  *'  have  ater'tio- 

'  lent  laws  to  prevent  any  crime,  that  within  two 

years  after  this  new  law  of  treason  respecting 

imprisonment  and  deposing,  this  very  prince  uss 

'  both  deposed  and  murdered.'* 

Gentlemen,  this  distinction,  made  by  the 
I  humane  statute  of  Edward  3rd,  between  trei- 
I  son  against  the  king's  natural  life,  and  rebel- 
lion ajgainst  his  civil  authority,  and  which  the 
act  ofllichard  ind,  for  a  season,  broke  down^ 
is  founded  in  wise  and  sound  polky.-^A  suc- 
cessful attack  may  be  made  upon  the  kiosks 
person  hy  the  malignity  of  an  individual,  wiUi» 
out  the  combination  of  extended  'eon'aptracy,  • 
or  the  exertions  of  rebellious  fbrccf ;  the  law 
therefore  justly  stands  upon  the  watch  to 
cnish  the  first  overt  manifestation  of  so  evil 
and  detestable  a  purpose. — Considexiii!;  the 
life  of  the  chref  magistrate  as  infinitely  im- 
portant to  the  putilic  security,  it  does  not  wait 
for  the  possible  consummation  of  a  crime, 
which  requires  neitlier  time,  combination,  nor 
force  to  accomplish,  but  considers  the  traitor- 
ous purpose  as  a  consummated  treason :  but 
the  wise  and  humane  policy  of  our  forefathers 
extended  the  severity  of  the  rule,  roluntaspro 
facto,  no  fiirllicr  than  they  were  thus  impelled 
and Justitied  by  the  necessity;  and  tliereforc 
071  intention  to  levy  war  and  rcbollicm,  net 
consummated,  however  manifested  hy  the  ntost 
overt  acts  of  conspiracy,  was  not  declared  to 
be  treason,  and  upon  the  plainest  principle  in 
tlie  world ;  the  king's  rkgal  capacity,  giianled 
hy  all  the  force  and  authority  ofUie  stale, 
could  not  like  his  NArrRAi-  existence,  be 
overthrown  or  endangered  in  a  moment,  by 
the  first  machinations  of  the  traitorous  mind 
of  an  individual,  or  even  by  the  unarmed  con- 
spiracy of  numbers ;  and  therefore  this  hu- 
mane and  exalted  institution,  measuring  the 
sanctions  of  criminal  justice  by  the  standard 
of  civil  neccssitv,  thought  it  sufbcient  to 
srour«;c  and  dissipate  unarmed  conspiratofS 
by  a  less  vindictive  proceeding. 

These  new   treasons   were,   hpiw*'"^    ^ 
length  all  happily  Bwept  •vmw-  r^ 
sion  of  king  Heniy  4tkj^ 
law  back  to  Uw  ■^ 
indeed,  in  i*»*- 

\ 


i        As 


Jbr  High  Tnasan. 

Ihe  snme  t ;  jng  lt>  obsf  n'^, 

l.v  wIkw  II  ri i-nre  of  pir- 

r  tice  of  ift 

1^  1  ■■■.,:-_    ■  ,  ,iit'»  uf  oiir 

i  ve  been  esUihlbhcd, — Amidst  the 

t  ,  iiriMHi^  (rom  the  matklcst  ftmbi- 

I  riii  whilil  ihe  slata  wiis 
ri  ^  from  il5  jjoiscj  on  one 
side,  Miii  oa  ilic  other,  the  grtal  rights  of 
ntankind  were  still  insensiblv  taking  root  and 
Iteujishing;  —  il  monarchv 
lhitalei>ed  to  ,  though 
aHslocmc^  occa^ion.^ji}  uiiicnnmcd  them, 
mnd  democracy,  m  her  turn,  rashly  tramptefi 
on  lhem»  yet  they  have  ever  come  safely 
rmmd  vl\  Vaui, — This  awful  and  sublime  eon- 
tvn^f  lation  should  teach  u3  to  bear  with  one 
another  when  our  opinions  do  not  quite  coin- 
title  :  cxtr;i(  tiiiff  final  harmony  from  the  iue- 
^  OS  which  ever  did,  and  ever 
i                    i    npt  men. 

'•  I.  HI  I, en,  the  act  of  Henry  4th  was 
ft<ajiciv  made  when  it  shared  the  same  fate 
wtlh  the  ^^nemblc  law  which  it  restored.*— 
Kobody  reprded  it.— It  was  borne  down  by 
fsetions^  8nd>  m  tho^ie  days«  there  were  no 
jud|;«^,  as  there  arc  now,  to  hold  firm  the  ba- 
lit  imidst  the  !>lorms  of  state ;^- 

II  Uicn,  as  the  prisoner  can  to- 

<  [>  lur  protection  to  majjistrates  in- 
<1                 (jf  ihc  crr^wn,  and  awfullyaccounl- 

.  .i.uaf:ter  lo  ;  V  ■  •''• 'htpned  world. — 
As  fast  a»arbitfai>  lis  were  abo 

limbed  ly  tme  ataititc,  ^. ........1  pled  judges  be- 

u  to  bitiid  them  tjp  again,  till  tncy  were 
lit  down  by  unolher:  to  recount  their 
•trangc  iitusuns  would  be  lircsomo  and  dis- 
jilting,  hilt  their  system  of  construction,  in 
llie  iceth  ofpo&itivc  law,  may  be  well  illus- 
trati^d  by  two  lines  from  Pope . 

**  Dr»troy  his  fib  and  sophistry,  in  vain, 
*'  The  creature's,  at  his  uirty  work  again/' 

Thk  system,  both  juditiat  and  parliament 
tiiry^  became  indeed  so  i  l^  '  Vff,  in  the 
interval    hclween   the   n  i^nry  4lh» 

and  Ihjilon^hihp  ;ind  Mutj*,  v^  ii  jt  produced^ 
in  iht!  firri  year  of  the  latter  reigtj,  tht.'  most 

laud. 

UIXjIl  : ;    ,    ^      I, 

\  I    the    records 

<  N-iTat'tTioNa  of 
J  ,-; :r:s,  and  liuuliug  tJium,  m  all  timeA,  to 
^  :^  IV  I KTIKK  of  the  slatnie.    i  will  rtud  to 

'    '         '  '    ^  ''s  commentary  upon  the  sub- 

1  third   Institute,   page  ^3,   he 

the  mi  tf  the  55fA  pf  Kdward 

trtuumn   Had    betn    rtntdf   and 


and  rtptal  nll^  but  onltf  ^mh  «i  an  tpteified 


and   €Jtpriikid     iw 

iit\ 

.     ^ti. 

fi,U     ,>t'      V. iu.fr  4 

:ird.      Btf 

Trflicfk 

', 

'  'ir 

KiftL*   nml 

i>r  uu-  ■ 

:  :_L'H 

of>- 

iiifftrttntii^ 

pnn 

.„  tl^.uf  nihil 

relictuni 

:!, 

indepffl  t 

j-t. 

of  <. 

,s. 

of  J  .  . 

n( 

the  i^uiuU 

.-^■ihe 

stai 

\ 

■  U 

and  wa^  restored 

in  1 

t^. 

,  that  \vri 

'-. , 

lase 

judg* 

'Ff  «- 

^LMJ'?      lt\      ' 

lu   III-  ].i^v,  fiiey 

were  to  : 

with  their  duty. 

to  go  on  I 

J..vwi.^ 

to  impute  a  folly 

to  the  l(?cislature,  which  never  yet  wan  im- 
piilcd  to  lT»e  framers  of  this  admirable  statute. 
But  this  absurd  idea  is  expre^jjly  excluded, 
Tiiti  merelv  by  the  statote^  accnrdini;  to  itf 


plain   hu  m,    but    a 

direci  am  .  lord  Cok 

commeutaiy  upon  it.     F_i  i; 
*•  Tkt'O  (hingt  are  to  be  ob-*  r^ 
tpord  K%i*aaMFDt   in  t/i< 
elude*  all  tmpuc4TIOn> 


jucgft,    . 
such  at  ' 

and  dirext  ; 


fo   the 

in  hi^r 

'  ^  on  lo  say, 

f*rsi,  that  the 

WIIAT- 

Utrnn'f    attiiindtr^ 

'ofi^  or  opinion  ff 

*aton^  other  than 

ireised  tn  the  Ha* 

i,.„   ..^c.,    .,,1    io   be   foilomtd  or 

tfttmplt — Vvr  (he  wardt  be  plain 

thiU  from  henceforth  no  nct^  detd^ 


yfy  to  9brAgnt€ 


or  offence  ihnll  be  token,  Had^  detmrd  or  ad 
judi^cd  to  be  hifih  treutott,  htt  tmltf  iuch  as  ar€ 
declared  nnd  rtprtiud  in  the  taid  nrt «/  the 
45/ A  of  BdaHitd  Srd^  anjf  act  of  purimment  &r 
statute  nfier  «5/A  of  Edward  3V</,  vr  ttnif  other 
declaration  or  matter ^  to  the  contrary  notmth' 
Hnndtng*' 

Getillcmen,  if  the  letter  of  the  statute  of 
Mary,  when  coupled  with  lord  Coke's  com- 
mentary, required  farther  tllu>»lrHtion,  it  would 
amply  receive  it  from  the  pm  amble,  whieh 
ought  to  he  engraved  on  the  heart  of  every 
man  who  love^  the  king,  or  who  is  called  to 
any  share  in  liis  councils ;  (or,  a!i  lord  Coke 
.,yw.rt..v  iti  Ihe  same  eouirnentary  *  it  truly 
I  hat  **  the  t^tate  of  a  kiftg  utandeth  and 

'i  more  aiutured  fry  f  Ae  hve  and  favour  of 

the  mtfjects  lomardM  theh  Sovereign^  thttn  iu  the 
dread  and  fear*  of  tows^  umde  with  rigoroui 
and  ejtreme  punishment ;  and  that  lums^jttstlf 
made  for  the  prtMerVfttion  iff  thu  rommoa  m€a\ 
without  ertreme  jiunUhmeni  or  penalty^  ar6^ 
more  tdien  and  for  the  mo*t  part  better  kept 
nnd  aheyrd,  than  laws  and  ttatufrs  tmtde  wM 
extretnt  punuhment" 

Bul»  c     *'  "  '     Miorlantpart 

of  lord    '  l^  •statute  U 

yet  l>ehtii'j.   ^'iJMi.n  i  "■  r«ad  to 

you,    attd    to   which   1  moul 

fM*.»— t  ..tt/..*»ii.n      hi,  ^    ;Hj#you 

^Ucae  inoo- 

.       .=.      -       ^  -  4^*fci^T»^ 

I  of  hi^tv  \TO«ttii^   uv^t^  «tVtenKfe  t«\  «w^ 


JM^ 


891] 


d5  6B0RGE  III. 


Trial  of  Thomas  Hardy 


\m 


wholly  repugnant  to  this  partiailar  statute,  I 
but  such  as  never  yet  was  heard  of  in  Eneland  I 
upon  any  capital  trial:— Evro en ce  which, 
even  with  all  the  attention  you  have  given  to 
it,  I  dety  any  one  of  you,  at  this  moment,  to 
say  of  what  it  cousists;— evidence,  which 
(since  it  must  be  called  by  that  name)  I 
tremble  for  my  boldness  in  presuming  to  stand 
up  for  the  life  of  a  man,  when  I  am  conscious 
that  I  am  incapable  of  understanding  from  it, 
even  what  acts  arc  imputed  to  him; — evi- 
dence, which  has  consumed  four  days  in  the 
T^ing ; — ^not  in  reading  the  acts  of  the  pri- 
soner, but  the  unconnected  writings  of  men, 
unknown  to  one  another,  upon  a  hundred  dif- 
ferent subjects;— EVIDENCE,  the  vcrv  listen- 
ins  to  which  has  deprived  me  of  the  sleep 
which  nature  requires ; — which  has  filled  my 
mind  with  unremitting  distress  and  agitation, 
and  which,  from  its  discordant  unconnected 
nature,  lias  suffered  me  to  reap  no  advantage 
from  the  indulgence,  which  I  began  with 
thanking  you  for ;  but  which,  on  the  contrary, 
has  almost  set  my  brain  on  fire,  with  the  vain 
.endeavour  of  collecting  my  thoughts  upon  a 
subject  never  designed  for  any  rational  course 
of  thinking. 

I/5t  us,  therefore,  see  how  the  unexampled 
condition  I  am  placed  in  falls  in  with  lord 
Coke  UDon  this  subject,  whose  authority  is 
appealed  to  by  the  Crown  itself;    and  let  us 

fo  home  and  bum  our  books  if  they  arc  to 
lazon  forth  the  law  by  eulogium,  and  accu- 
rately to  define  its  protection,  which  yet  the 
subject  is  to  be  totally  cut  off  from,  when, 
even  under  the  sanction  of  these  very  au- 
thors, he  stands  upon  his  trial  for  his  exist- 
^ce.  Lord  Coke  says,  in  the  same  commen- 
tary, pace  12,  that  the  statute  had  not  only 
accurately  defined  tl)e  niARCE,  but  the  nature 
of  the  PROOF  on  which  alone  a  man  shall  be 
attainted  of  any  of  the  branclirs  of  liigh  trea- 
son.— "  It  is  to  be  observed,"  says  he,  "  that 
the  word  in  the  act  of  Edward  3rd  is  prove- 
ablement:  I.  c.  Upon  direct  and  manifest 
proof,  not  upon  conjectural  presumptions^  or  in- 
Jerences,  or  strains  of  nit,  hut  upon  ^ood  and 
sufficient  proof.  A  nd  herein  the  adverb  pRovr- 
ABLY  hath  a  great  force,  and  signifielh  a  DI- 
RECT PLAIN  proof,  uhich  word  the  Lords 
and  Commons  in  Farliantent  did  use,  for  that 
the  offence  of  treason  was  so  heiiums,  and  7cas 
so  lieaviljf  and  sererch/  punixhed,  as  none  other 
the  like,  and  therefore  the  offender  must  he 
FROVEABLY  attainted,  which  vords  areas 
forcible  as  upon  direct  and  manifest  proof 
Note,  the  icord  is  not  puoiiabi-y,  for  then  com- 
mune argumentum  might  have  served,  but  the 
toord  is  PRovEAiiLY  he  attainted." 

Nothing  can  be  so  curiously  and  tautolo- 
cously  laboured  as  this  commentary,  of  even 
that  great  prerogative  lawyer  lord  Coke,  upon 
this  smde  wordin  the  statute ;  and  it  mani- 
festly shows,  that,  so  far  from  its  being  the 
spirit  and  principle  of  the  law  of  England,  to 
loosen  the  construction  of  this  statute,  and  to 
adopt  rules  of  oonstruction  and  proof,  umisual 


in  trials  for  other  crimes,  on  the  contrary^  the 
legislature  did  not  even  leave  it  to  the  jtid^ 
to  apply  the  ordinary  rules  of  lejgal  proor  to 
trials  imder  it,  but  admonished^ them  to  do 
justice  in  that  respect  in  the  very  body  of  the 
statute. 

Lord  Hale  treads  in  the  same  path  ^th  lord 
Coke,  and  concludes  this  part  of  the'  subject 
by  the  following  most  remarkable  passage-^ 
vol.  i.  cliap.  xi.  86. 

''  Now  although  the  crime  of  high  ireaton  U 
the  greatest  crime  against  faith,  duty,  end 
human  tociety^  and  brings  with  it  the  grtaUti 
and  most  fatal  dangers  to  the  govemmeatf 
peace,  and  happiness  of  a  kingdom^  or  ttate; 
and^  therefore,  is  deservedly  branded  with  the 
highest  ignominy f  and  subjected  to  the  greatest 
penalties  that  the  laws  can  inflict,  it  appears^ 
first,  how  necessary  it  was  that  there  should  he 
some  KNOWN,  fixed,  settled  boundary  for  thisL 
great  crime  of  treason,  and  of  what  great  Uf' 
portance  the  statute  of  25th  if^  Edward  3rd  teatf 
in  order  to  thtit  end.  Second,  Ho»  dangerous 
it  is  to  depart  from  the  letter  of  that  statute, 
and  to  multiply  and  enhance  crimes  into  trcawis 
by  ambiguous  and  general  words,  such  of  •««- 
croaching  royal  power,  subverting  fundamental 
laws,  and  the  like. — And  third,  how  dangeroui 
it  is  by  construction,  and  ANALOGz,  ,.ta 
MAKE  treasons  where  the  letter  of  the  law  kai 
not  done  it.— -For  such  a  method  ad/nits  if  mo 
limits,  or  bounds,  but  ruru  as  far  and  af  vide 
as  the  wit  and  invention  of'  accusers,  and  the 
detestation  qfpersoiu  accused,  will  carry  memP 

Surely  the  admonition  of  this  supercminent 
lawyer  ought  to  sink  deep  into  the  heart  6f 
every  judge,  and  of  every  juryman,  who  is 
called  to  aoministcr  justice  under  this  statute ; 
above  all,'  in  the  times  and  under  the  peculiar 
circumstances  which  assemble  us  in  this  place, 
— Honourable  men,  feeling,  as  they  ought, 
for  the  safety  of  government,  and  the  tran- 
quillity of  the  country,  and  naturally  indig- 
nant against  those  who  arc  supposed  to  have 
brought  them  into  peril,  ought  Irom  that  very 
cause  to  proceed  with  more  abundant  caution, 
lest  they  should  be  surprised  by  their  resents 
ments  or  their  fears ;  they  ought  to  advance, 
in  the  judgments  they  form,  by  slow  and 
trembling  steps; — they  ought  even  to  fall 
back  ana  look  at  every  tlnng  again,  lest  a 
false  light  should  deceive  them,  admitting  no 
fact  but  upon  the  foundation  oi'  clear  and  pre- 
cise evidence,  and  deciding  upon  no  intention 
that  does  not  result  with  equal  clearness  from 
the  fact.— This  is  the  universal  demand  of 
justice  in  every  case  criminal  or  civil ; — how 
much  more  especially  then  in  this,  when  the 
judgment  is  every  moment  in  danger  of  being 
swept  away  into  the  fathomless  abyss  of  a 
thousand  volumes ;  where  there  is  no  ancho- 
rage for  the  understanding ;  where  no  reach 
otthought  can  look  round  in  order  to  com- 
pare their  points;  nor  any  memory  be  capa- 
cious enough  to  retain  even  the  impertect ' 
relatbn  that  can  be  collected  from  tliem? 

Gentlemen,  my  mind  is  the  more  deeply 


for  High  Treaton. 

iffected  with  this  consideration  by  a  very  re- 
rent  example  in  that  monstrous  phenomenon 
ivhichy  under  the  name  of  a  trial,  has  driven 
IS  out  of  Westminster-Hall  for  a  large  portion 
>f  my  professional  life .♦ — No  man  is  less  dis- 
posed than  I  am  to  speak  lightly  of  great  state 
Prosecutions,  which  hind  to  their  iTiity  those 
rho  have  no  other  sup«riors,  nor  any  other 
control ;  least  of  all  am  I  capable  of  even  glanc- 
ing a  censure  against  those  who  have  led  to 
}r  conducted  the  impeachment,  because  I  rc- 
ftpciTt  and  love  many  of  them,  and  know  them 
to  be  amongst  the  best  and  widest  men  in  the 
nation. — I  Know  them  indeed  so  well  as  to 
be  persuaded  that  could  they  have  foreseen  the 
rast  field  it  was  to  open,  and  the  lencth  of  time 
it  was  to  occupy,  they  never  would  have  en- 
gaged in  it ;  fur  I  defy  any  man,  not  enlight- 
tncfl  by  the  divine  spirit,  to  say,  with  the  pre- 
cision and  certainty  of  an  English  judge  de- 
ciding upon  evidence  before  him;  that  Mr. 
liastuigs  is  guilty  or  not  guilty: — for  who 
knows  what  is  before  him,  or  what  is  not  ? — 
Many  have  carried  what  they  knew  to  their 
graves,  and  the  livin<;  have  lived  long  enough 
to  forget  it.— Indeed  I  pray  God  that  such 
another  proceeding  may  never  exist  in  Eng- 
hind ;  because  I  consider  it  as  a  dishonour  to 
the  constitution,  and  that  it  brings,  by  its  ex- 
ample, insecurity  into  the  admmistration  of 
Justice  t-    Every  man  in  civilized  society  has 
a  right  to  hold  his  life,  liberty,  property  and 
reputation,  under  plain  laws  that  can  be  well 
understood,  and  is  intitlcd  to  have  some  limi" 
ied'tpecific  part  of  his  conduit,  compared  and 
oianiincd  by  their  standard ;  but  he  ought 
not  for  teven  years,  no,  nor  fur  seven  days,  to 
stand  as  a  criiiiinal  before  the  highest  human 
tribunal  until  judgment  is  bewildered  and  con- 
fbiuided,  to  come  at  last,  perhaps,  to  defend 
himself,  broken  down  with  fatigue,  and  dis- 
pirited with  anxiety,  which,  indeed,  is  my  own 
condition  at  this  moment,  wlio  aui  only  stal- 
ing the  case  of  another — What  then  must  be 
tlie  condition  ot  the  unfortunate  person  whom 
you  arc  trjinirr 

The  next  great  question  is,  how  the  admo- 
nitions of  these  «|,reat  writers  are  to  be  recon- 
ciled with  what  is  undoubtedly  to  be  found  in 
other  parts  of  liuir  works;  and  I  think  I  do 
not  go  loo  tar,  wlini  I  say,  that  it  ou^lit  lo  be 
the  inelinalion  of  every  person's  niiiicT  who  is 
considering  tiie  meaning  of  any  writer,  par- 
ticularly it  he  he  a  person  of  superior  learning 
and  intelligence,  to  reconcile  as  much  as  ]K)s- 
fiible  all  he  >ays  upon  any  subject,  and  not  to 
adopt  such  a  eon^lriiction  as  necessarily  raises 
up  one  pari  in  direct  oppohition  to  another. 

•  See  the  trial  of,  Jolm  Stockdale  ciw^c  Vol. 
Se,  p.  'J37. 

t "  It  was  the  good  tbrtune  of  Mr.  Erskine 
to  remedy,  in  his  own  per:ron,  the  evil  thus 
complained  of,  when  he  presided  as  chancellor 
on  the  trial  of  lord  Melville.'*--£c/{Vor  of  Er- 
ikine^i  Speechet  Sec  the  trial  of  Henry  Lord 
Viscount  Mel viile^A.  d.  1800,/'(«/. 


A.  D.  1794^ 


[894 


The  law  itself,  indeed,  adopts  this  sound 
nile  of  judgment  in  the  examination  of  every 
matter  which  is  laid  before  it,  tor  a  sound  con- 
struction; and  the  judges,  therefore  are 
bound  by  duty  as  well  as  reason  to  adopt  it- 
It  apears  to  me,  then,  that  the  only  ambi- 
guity which  arises,  or  can  possibly  arise,  in 
the  examination  of  the  great  authorities,  and 
in  the  comi)arison  of  them  with  themselves, 
or  with  one  another,  is,  from  not  rightly  uiv- 
derstanding  the  meaning  of  the  term  overt 
ACT  as  applied  to  this  species  of  treason.  The 
moment  you  get  right  upon  the  true  meaning 
and  signification  of  this  expression,  the  curtain 
is  drawn  up,  and  all  is  liglit  and  certainty. 

Gentlemen,  an  overt  act  of  the  high  treason 
charged  upon  this  record,  I  take,  with  great 
submission  to  the  Court,  to  be  plainly  and 
simply  this  :--thc  high  treason  charged,  is' the 
compassing  or  imagining  (in  other  words,  tlie 
intending  or  desigmng)  the  death  of  the  king; 
I  mean  nis  natural  death;  which  being  a 
hidden  operation  of  the  mind,  an  overt  act  is 
any  thing  which  legally  proves  the  existence 
oi  such  traitorous  design  and  intention— I  say 
that  thejdcsign  against  the  kins*5  natural  life, 
is  the  high  treason  under  the  first  branch  of 
the  statute ;  and  whatever  is  evidence,  which 
may  be  legally  laid  before  a  jury  to  judge  of 
the  traitorous  intention,  isalegal  overt  act; 
because  an  overt  act  is  nothing  out  legal  evi-> 
dcnce  embodied  upon  the  record. 

The  charge  of  compassing  being  a  charge 
of  intention,  which,  without  a  manifestation 
by  conduct,  no  human  tribunal  could  try ;  the 
statute  requires  by  its  very  letter  (but  without 
which  letter  reason  must  have  presumed) 
that  the  intention  to  cut  off  the  sovereign 
should  be  manifested  bv  an  open  act;  and  as 
a  prisoner  charged  with  an  intention,  could 
have  no  notice  how  to  defend  himself  without 
I  the  charge  of  actions  from  whence  the  inten- 
I  tion  was  lo  be  imputed  lo  him,  it  was  alwsiys 
the  practice,  according  to  the  sound  principles 
of  English  law,  to  state  upon  the  face  of  the 
indictment  the  overt  act,  which  the  crown 
charges  as  the  means  made  use  of  by  tho 
prisoner  to  efl'cct  his  traitorous  purpose ;  and 
as  this  rule  was  too  frequently  departed  from, 
the  statute  of  the  seventh  of  king  William 
enacted,  for  llie  benefit  of  the  prisoner,  that 
no  evidence  should  even  be  given  of  any  overt 
act  not  charged  in  the  indictment.  The 
charge,  therefore,  of  the  overt  acts  in  the  in- 
dictment is  the  notice,  enactc.l  by  staltjtc  to 
be  given  to  the  prisoner  for  his  protection,  of 
the  means  by  which  the  crown  is  to  sub- 
mit to  the  jury  the  cxislcnce  of  the  traitor- 
ous purpose, which  is  the  crime  alleged  against 
him,  and  in  pursiuinco  of  which  traitorous 
purpose  the  overt  acts  must  also  be  charged 
to  have  been  committed. — ^NVhatcver,  there- 
fore, is  relevant  or  competent  evidence  to  be 
received  in  support  of  the  traitorous  intention 
is  a  legal  overt  act,  and  what  acts  ate  covcc^^-. 
tent  to  that  \iurvQ»^«  \b  V?is\\\  ■A\^>\\w  «^'^«s»>i 


893] 


35  GEORGE  HI. 


Trial  t^ffwrniu  Uwrdy 


[89S 


after  the  overt  acts  arc  received  upon  the  re- 
cord as  competnnt,  and  are  eslanlished  by 
proof  upon  the  Irial,  they  )>e  suflficient  or  iii- 
sufliciciU  in  llie  particular  in»\ance,  to  con- 
vince the  jury  of  the  traitorous  compassing  or 
intention,  is  a  mere  matter  of  fact,  which, 
ftom  its  very  nature,  can  be  red  uced  to  no 
other  standard  than  that  which  each  roan's 
own  conscience  and  understanding  erects  in 
hiB  mind,  as  the  arbiter  of  his  judgment.— 
Hiis  doctrine  is  by  no  means  new  nor  peculiar 
to  high  treason,  but  pervades  the  whole  law, 
and  may  be  well  ilUist rated  in  a  memorable 
case  lately  decided  upon  writ  of  erfor  in  the 
House  ofLords,  and  which  must  be  in  the 
memory  of  all  the  judges  now  present,  who 
took  a  part  in  its  decision. — There  the 
question  was,  whether,  upon  the  establish- 
ment of  a  number  of  facts  dv  legal  evidence, 
the  defendant  had  knowledge  of  a  fact, 
the  knowing  of  which  would  leave  him 
defenceless. — To  draw  that  question  from 
the  jury  to  the  judges,  I  demurred  to  the 
evidence,  saying,  that  though  each  part  of  it 
was  legally  admitted,  it  was  for  tlie  law,  by 
the  mouth  of  the  judges,  to  pronounce  whe-  ' 
ther  this  fact  of  knowledge  could  legally  be  | 
inferred  from  it;  but  the  lords,  with  the  as-  ' 
sent  of  all  the  judges,  decided,  to  my  perfect 
satis^tion,  that  such  a  demurrer  to  the  evi- 
dence was  irregular  and  invalid ;  thnt  the  pro* 
vince  of  the  jury  over  the  effect  of  eritience, 
ought  not  to  be  so  trantf erred  to  the  judges, 
UM  converted  into  matter  of  law  ; — ^that  what 
Was  relevant  evidence  to  come  before  a  jury, 
was  the  province  of  the  Court,— but  that  the 
conclusion  to  be  drawn  from  admissible  evi- 
dence, was  the  unalienable  province  of  the 
country. 

To  apply  that  reasoning  to  the  case  before 
us: — ^The  matter  to  be  inquired  of  here  is,  the 
fact  of  the  prisoner*s  intention,  as  in  the  case 
I  have  just  cited  it  was  the  fact  of  the  defen- 
dant's knowledge. — The  charge  of  a  conspiracy 
to  depose  the  kins;,  is  therefore  laid  before 
yon  to  establish  that  intention  ;  its  rompe- 
teticy  to  be  lai<l  before  you  for  that  purpose, 
is  not  disputed ;  I  am  only  contending  with 
all  reason  and  authority  on  my  side,  that  it  is 
to  be  submitted  to  your  consciences  and  un- 
derstandings, whether,  even  if  you  believed  the 
overt  act,  you  believe  also  that  it  proceeded 
from  a  traitorous  m;ichination  against  the  life 
of  the  king. — I  am  only  contendm^  llut  these 
two  beliefs  must  coincide  to  establish  a  verdict 
of  guilty.— I  am  not  cantendinsr,  th;it,  under 
circumstances,  a  conspiracy  to  depose  ihe  king, 
and  to  annihilate  his  regal  capacity,  may  not 
be  strong  and  satisfactory  evidence  of  tlic  in- 
tention to  destroy  his  lifV.;— but  only  that  in 
tbisy  as  in  every  other  instance,  it  is  for  yiiu 
to  collector  not  to  collect  this  treason  a^inst 
the  king's  life,  according  to  the  result  of  your 
conscientious  belief  and  judgment,  from  tlie 
acts  of  the  prisoner  laid  befufe  you ;  and  that 
the  establisnment  of  the  overt  act,  cvsnifit 
were  oiCabiished,  does  uut  establish  the  tcca- 


son  against  the  king*s  life,  bt  a  coksbquufck 
OF  LAW :  but  on  the  contrary,  the  oveifftct, 
though  punishable  iu  another  shape,  ar*an 
independent  crime,  is  a  dead  letter  upon  tbi^ 
record,  unless  you  believe,  exercising  your  ex- 
clusive jurisdiction  over  the/acts  laid  before ym 
that  it  was  committed  in  accoroplismnentQf 
the  treason  against  the  natural  life  or  tAb 
King. 

Gentlemen,  this  particular  crime  of  com- 
passing the  king's  death,  is  so  complete  an 
anomaly,  being  wholly  seated  in  imcimsum- 
mated  intention,  that  the  law  cannot  depart 
from  describing  it  according  to  its  real  es- 
sence, even  when  it  is  followed  by  his  deatii: 
-—a  man  cannot  be  indicted  for  kkUing  Uie 
king,  as  was  settled  in  Uie  case  of  |he^Kg^ 
cides  of  Charles  Ist,  after  long  consiiltaliMi 
among  all  the  judges :— it  was  held  tliat"  the 
very  words  rfthe  statute  must  be  pursued,  ajiid 
that  although  the  king  was  actually  mur- 
dered, the  prisoners  who  destro;^'ed  him  could 
not  be  charged  with  the  act  itself,  as  hirii 
treason,  but  with  the  compassing  of  lus 
death ;  the  very  act  of  the  executioner  in 
beheading  him/  being  onW  laid  as  the  overt 
act  upon  the  record* — There,  though  the 
overt  act  was  so  connected  with,  as  to  be  even 
inseparable  from  the  traitorous  intention,  yet 
they  were  not  confounded,  because  of  the 
effect  of  |he  precedent  in  dissimilar  cases: 
and  although  the  regicides  came  to  be  tri«l 
immediately  on  the  restoration  of  the  king^ 
in  tlie  day-spring  of  his  authority,  and  before 
high  prerogative  judges,  and  under  circum- 
stances when,  in  any  country  but  England, 
their  trial  would  have  been  a  mockery,  or 
their  execution  have  been  awarded  without 
even  the  forms  of  trial ;  yet  in  England,  tliat 
sacred  lil>erty,  which  has  for  ever  adorn^  the 
constitution,  refused  to  sacrifice  to  zeal  or  en- 
thusiasm, either  the  substance  or  the  forms 
of  justice.  Hear  what  the  chief  liaron  pro- 
nounced upon  that  occasion: — **  These  per* 
sons  are  to  be  proceeded  uith  according  to  the 
ln7t;s  cf  ihe  land,  and  I  ahull  speak  nothing  to 
you  but  uhul  are  iiin  words  vf  the  law.  By 
the  statute  of  Eduard  ord,  it  is  Made  high 
treuion  tj  compass  and  imagine  the  death  cf 
the  king  ;  in  no  case  cUc,  imagination  or  com* 
poising f  without  an  actual  ctRctf  is  punishable 
bu  luu/*  lie  tlien  speaks  of  the  sacred  life  of 
the  king,  and  ^peaking  of  the  treason,  says : 
— "  The  treason  consiits  in  the  wicked  imagi- 
nation which  is  not  apparent  ;  but  when  this 
poiwn  swells  iwt  of  the  heart,  and  breafes  forth 
into  action,  in  that  case  it   is   high   treatoa. 

TllLS  WIIAI  IS  AS  OVtliT^Atl  OF  AN  IMAGl>'i- 
XIO.N,  OK  (OMI'ASSING  Of'tHF.  KiNgV  DEATH? 
Tri  LY,  IT  IS  ANY  THING  WillCIl  SHOWS  WHAT 
THE  IMAGINATION  OF  THE  HEART  IS."* 

Indeed,  gentlemen,  the  proposition  is  so 
clear,  that  one  gets  confounded  in  the  args* 
ment  from  the  very  siniplkity  of  it;  but  stull 
stand  iu  a  situation  which  I  am  determined  at 

•  See  Vol.  5.  p.  988  of  thia  CoUodioo. 


\ 


897] 


for  High  Treason. 


all  events  to  fulfil  to  the  utmost ;  and  I  shall 
tberefure  not  leave  the  matter  upon  these  au- 
Uiorities,  but  will  bring  it  down  to  our  own 
times,  repeating  my  challenge  to  have  pro- 
duced one  single  authority  in  contradiction. 
Lord  Coke,  in  his  third  Institute,  page  11,  and 
19,  says : — "  The  indictment  inii$t  charge  that 
the  prisoner  traitorouily  compassed  and  Jw- 
gined  the  death  and  destruction  of  the  kiug,^* 
He  says  too, — "  There  must  be  a  compassing 
or  imagination  ;  for  an  act  without  compassing j 
intent,  or  imagination ,  is  not  within  the  actf  as 
appear eth  hjf  the  express  letter  thereof.  Et 
actus  non  facit  mtm  nisi  mens  sit  rea.**  No- 
thing in  language  can  more  clearly  illustrate 
my  proposition  — The  indictment,  like  every 
other  indictment,  must  charge  distinctly  and 
specifically  the  crime :  that  charge  must  there- 
fore be  in  the  very  words  of  the  statute  which 
creates  the  crime;  the  crime  created  by  the 
statute  not  being  the  perpetration  of  any  act, 
but  being,  in  the  rigorous  severity  of  the  law, 
llie  very  contemplation,  intention,  and  con- 
trivance of  a  purpose  directed  to  an  act:  that 
contemplation,  purpose,  and  contrivance, 
must  be  found  to  exist,  without  which,  says 
lord  Coke,  there  can  be  no  compassing :  and 
as  the  intention  of  the  mind  cannot  be  inves- 
tigated without  the  investigation  of  conduct, 
tho  overt  act  is  required  by  the  statute,  and 
inust  be  laid  in  the  indictment  and  proved. — 
It  follows  from  this  deduction,  that  upon  the 
clear  principles  of  tlie  Knglish  law,  every  act 
may  be  laid  as  an  overt  act  of  compassing  the 
Icing's  deatli,  which  may  be  reasonably  consi- 
dered to  be  relevant  and  competent  to  mani- 
fcst  that  intention ;  for,  were  it  otherwise,  it 
would  be  shutting  out  from  the  view  of  the 
jury,  certain  conduct  of  the  prisoner,  which 
might,  according  to  circum«>tances,  leaf!  to 
manifest  the  criminal  intention  of  his  mind; 
and  as  nKirc  than  one  overt  act  may  he  laid, 
and  even  overt  acts  of  different  kinds,  though 
not  in  themselves  substantively  treason,  the 
judges  appear  to  be  justified  \n  law,  when 
they  nded  them  to  be  overt  acts  of  compass- 
ing the  death  of  the  king ;  because  they  are 
such  acts  as  before  the  statute  of  king  William, 
which  required  that  the  indictment  should 
charge  all  overt  acts,  would  have  been  held 
to  be  relevant  proof;  of  which  relevancy  of 
proof  the  judges  are  to  jutlge  as  matter  of 
law ;  and  therefore  being  relevant  proof,  must 
also  be  relevarH  mutter  of  charge,  because 
nothing  can  be  relevantly  charged  which  may 
not  also  he  relevantly  admitted  to  proof. 
These  ob.servations  explain  to  the  meanest 
capacity,  in  what  sens**  lord  Coke  must  be 
understood,  when  ho-  says,  in  the  very  same 
page,  that,  "  -4  preparation  to  depose  the  king, 
and  to  take  the  hini'  bu  ;'*rce  and  strong  hand, 
until  he  has  yielded  to  certain  detnunds,  is  a 
sufficient  overt  act  to  i'rovf.  the  i'mpassing  of 
the  king's  deaih?^  He  docs  not  say  as  a  pro« 
POSITION  OF  LAW,  that  he  who  prepares  to 
•eize  the  king,  compasseth  his  death,  but  that 
8  preparation  to  seize  him  j^  a  sufiicif.'iit  overt 
VOL.  XXIV, 


A.  D.  1794.  [898 

act  to  PROVE  the  compassing;  and  he  directly 
gives  the  reason,  *<  because  of  the  strong, 
tendency  it  has  to  that  end."  This  latter 
sentence  destroys  all  ambiguity. — I  agree  per- 
fectlv  with  lord  Coke,  and  I  think  every  judge 
would  so  decide,  upon  the  general  principles 
of  law  and  evidence,  without  any  resort  to 
his  authority  for  it;  and  for  this' plain  and 
obvious  reason : — ^The  judges  who  are  by  law 
to  decide  upon  the  relevancy  or  competency 
of  the  proof,  in  every  matter  criminal,  and 
civil,  have  immemorially  sanctioned  the  indis- 
pensable necessity  of  charging  the  traitorous 
mtention  as  the  crime,  before  it  was  required 
by  the  statute  of  kin^  William. — As  the  crime 
is  in  its  nature  invisible  and  inscnitable,  until 
manifested  hy  such  conduct  as  in  the  eye  of 
reason  is  indicative  of  the  intention,  which 
constitutes  the  crime ;  no  overt  act  is  there- 
fore held  to  be  suffic  lent  to  give  jurisdiction, 
even  to  a  jury  to  draw  the  int'erence  in  fact 
of  the  traitorous  purpose,  but  such  acts  from 
whence  it  may  be  reasonably  inferred ;  and 
therefore  as  the  restraint  and  imprisonment 
of  a  prince  has  a  greater  tendency  to  his  de* 
stniction  than  in  the  case  of  a  prival^  man^ 
.such  conspiracies  are  admitted  to  be  laid  as 
overt  acts,  upon  this  principle,  that  if  a  man 
does  an  act  from  whence  either  an  inevitable 
or  a  mainly  probable  consequence  may  be  ex- 
pected to  follow,  much  more  if  he  persists 
deliberately  in  a  course  of  conduct,  leading 
certainly  or  probably  to  any  given  conse- 
quence, it  is  reasonable  to  believe  that  he 
foresaw  such  consequence,  and  hy  pursuing 
his  purpose  with  that  foreknowledge,  the  in- 
tention to  proilucc  the  consequence  may  be 
fairly  imputed. —  But  then  all  this  is  matter  of 
foctfor  the  jury  from  the  evidence^  not  matter 
OF  LAW  FOR  Tiin  CouitT;  farther  than  it  is  the 
privilege  and  duty  of  the  judge  to  direct  the 
attention  of  the  jury  to  the  evideiKC,  and  to 
state  the  law  as  it  may  result  from  the  dif- 
ferent views  the  jury  may  entertain  of  the 
facts;  and  if  such  acts  could  not  be  laid  as 
overt  acts,  they  could  not  be  offercKl  in  evi- 
dence; and  if  they  could  not  he  offered  in 
evidence,  the  mind  of  the  prisoner,  which  it 
was  the  object  of  the  trial  to  lay  open  as  a 
clue  to  his  intention,  would  he  shut  up  and 
concealed  from  the  jury,  whenever  the  death 
of  the  sovereign  was  sought  by  circuitous  but 
obvious  means,  instead  of  by  a  direct  and 
murderous  machination. — But  when  they  are 
thus  submitted,  as  matter  of  charge  and  cv'h 
dence  to  prove  the  traitorous  purpose  which 
is  the  crime,  the  security  of  thr>  king  and  of 
the  subject  is  equally  provided  for:  all  the 
matter  which  lias  a  relev;UM:y  to  the  crime,  is 
chargeable  and  proveable,  not  substantively  to 
rai^e  from  their  establishment  a  legal  infer- 
ence, hut  to  raise  a  presumption  mfact,  capa- 
ble of  being  weighed  by  the  jury  with  all 
the  circumstances  of  the  transaction,  as 
offered  by  the  Crown  and  the  Prisoner;  their 
province  being  finally  to  say— not  what  was 
the  possible  or  the  probable  consequence  of 


999]        36  GEORGE  lit. 


Trial  of  Tkomu  Hardy 


OBOO 


tho  oycrt  act  laid  in  the  Indictment,  but  whe- 
tfMr  it  has  lirought  them  to  a  safc  and  con- 
^dontioiift  judgment  of  tho  guilt  of  the  Pri- 
soner; i.  c.  of  his  guilt  in  compassing  the 
death  of  the  kin»,   whkh   is  the   treason 
diai^^ed  in  the  Indictment.    Lord  Hale  is,  if 
jiosstble,  more  direct  and  explicit  upon  the 
aubject. — He  says,  page   lOr,    **  The  word* 
dvmpaa  or  imagine,  are  of  a  great  latitude  ; 
they  refer  to  the  purpme  or  design  of  the  mind 
oa'^iti.,  thougn  the  purpose  or  design  takes 
ffot  effect:  but  compassing  or  imagining,  iingly 
of  itself y  is  an  intern  4L  acty  and,  without  some- 
lAmg*lo  MANIFEST  it,  could  not  possihh  fall 
mnder  any  judicial  cognixance  but    of  God 
alone;  and  therefore  this  statute  requires  such 
AN  OVERT  ACT  OS  may  render  the  compassing  or 
imagining  capable  of  a  trial  and  sentence  by 
human  judicatures**    Now  can  any  man  pos- 
sibly derive  from  such  a  writing  (proceeding 
too  from  an  author  of  the  character  of  Lord 
Hale),  that  an  overt  act  of  compass^g,  might 
in  his  judgment  be  an  act  committ^  inad- 
vertently vritliout  the  inlentkm?    Can  any 
man  mther  from  it,  that  a  man,  by  falling 
into  bad  company,  can  be  drawn  in  to  be 
euilty  of  this  species  of  treason  by  rash  con- 
duct, while  the  love  of  his  Sovereign  wa5 
glowing  in  his  boM^m  ? — Can  there  oe  any 
particular  acts  which  can  entitle  a  Judgi*  or 
Counsel  to  pronounce  as  a  matter  of  lav,  what 
Another  man  intent^ }  or  that  what  a  man  in- 
tends is  not  a  luatter  of  fact  ?    Is  there  any 
man  that  will  meet  the  matter  fkirlyy  and 
advance  and  sufvpurl  that  naked  proposition  ? 
At  all  events  it  is  certainly  nut  a  proposi- 
tion to  l>c  dealt  with  puhlicfy  ;    because  the 
man  whose  mind  is  capable  even  of  conceiv- 
ing it,  should  l)c  treasured  up  in  a  museum, 
and  exhibited  there  as  a  curiosity,  for  money. 
Gentlemen,  all  1  am  asking,  hou'ever,  from 
tny  argument  (and  I  defv  any  power  of  reason 
upon  eartli  to  move  me  trtmi  it),  is  this :  tlial 
the  Prisoner  being  charged  with  intending  the 
King's  death,  vuv  arc  to  find  whether  this 
chan^'  he  founded  or  unfounded :   and  that 
iherefore,  put  upon  the  record  what  else  you 
will, — I'rove  what  you  will, — read  these  books 
over  and  over  n gain,*- and  let  us  stand  here  a 
year  ai^l  a  dav  in  discoursing  concerning  them, 
— still  the  question  nuist  return  at  last  to  what 
VOi*  and  YOU  OK  i.Y  can  resolve — h  he  guilty  uf 
that   bate  dctctrubU  intention  to    destroy  the 
King  y    Not  whether  you  incline  to  believe 
that  he  is  guilty ;   not  whether  you  suspect, 
nor  whether  it  be  probable ;  not  whether  he 
may  he  gvii.ty;— no,  but  that  proveably 
UE  IS  c.rrLiY.    If  you  can  say  this  upon  the 


choiy  reflesion  past  ■  At  ibofoXi  ooc;  pwhipi^ 
have  been  introduced-^it  certainly  oiq;ht  m 
have  noeflfect  umd  jon  wlib  are  to  judge  mwin' 
your  oajtha. — ^I  clo  not  atand  bore  to  deair^  pA 
to  commit  peijury  from  compusion  ;-r4iin  tk 
the  same  time  my  earnestness  may  be  Jto^ 
given,  since  it  proceeds  fnmi  a  weakness  eoior 
mon  to  us  all.  I  claim  no  merit  with  the  PrI-'. 
soncr  for  mv  zeal ;— it  proceeds  fnrni  a  uMsh- 
principle  inherent  in  the  human  heart—I  am 
Counsel,  Gentlemen,  for  myself.  In  every 
word  I  utter,  I  fieel  that  I  am  pleading  form 
safetv  of  my  own  life,  for  toe  Kves  of  mf 
chikiren  after  ixiey  for  tiie  banpiness  of  mf 
country,  and  for  the  univenu  oonditioa  of 
civil  society  throughout  the  world. 

But  let  us  return  to  the  subject,  and  punne 
the  doctrine  of  lord  Hale  upen  the  troe  inter* 
pretation  of  the  term  overt  act,  as  applicable  to 
this  branch  of  treason.  Lord  Hale  says,  and' 
I  do  beseech  most  earnestly  the  attentwp  oC 
the  Court  and  Jury  to  this  passage — ^  If  mea 
conspire  the  death  of  the  king^and  thareopoB 
provide  weapons,  or  send  letters,  this  is  an 
overt  act  within  the  statute.*^  Take- this  t» 
pieces,  and  what  does  it  amount  toF— >*lf 
men  conspire  tftie  death  of  the  Icing,'*  IttiT 
is  tiie  first  thing,  vis.  the  intaUitm,  ^andf 
thereti|ion,''  that  is,  in  pursuance  of  that 
wicked  intention  ^  provide  weapons,  or  not 
letters  for  tlie  execution  thereof,**  i.  e.  for  tfie 
execution  of  tliat  destruction  of  the  Kinj|^ 
which  they  liave  meditated,  **  fitm  is  an  overt 
act  within  the  statute."  Surety  the  meaning 
of  all  this  is  self  evident.— If  the  intention  be 
against  the  king's  life,  though  the* conspiracy 
does  not  imm^iately  and  directfi'  point  to 
his  death,  yet  still  the  overt  act  will  De  suffi- 
cient if  it  be  something  which  has  so  direct  a 
tendency  to  tliat  eno,  as  to  be  competent 
rational  evidence  of  the  intention  to  obtain  it 
But  the  instances  given  by  Lord  Hale  him- 
Silf  furnish  the  best  ilhistration — **  If  am 
conspire  to  imprison  the  King  by  force  avd 
A  strong  HANI),  until  he  has  yielded  to  ctrteist 
demands,  and  roR  that  purpose  gatuee  com- 
pany  or  wRiiE  letters,  that  is  an  overt  att 
lo  prove  the  compassing  the  King's  death,  a» 
it  was  held  in  lard  Cobham*s  case  by  alltkt 
Judges.*'  In  this  sentence  lord  Hale  does 
not  depart  from  that  precision  which  so  emi- 
nently distin«:iiishes  all  his  writings;  he  does 
not  say  that  if  men  conspire  to  imprison  the 
king  until  he  yields  to  certain  demands,  and 
for  that  purpose  to  do  so  and  so,  I%it  i§  huk 
7  rra«>n— no,  nor  even  an  overt  act  of  1^ 
treason,  though  he  might  in  legal  languue 
correctly  have  said  so;   but  to  prevent  d^ 


evidem-o,  it  is  your  dutv  to  say  so,  and  you  t  possibihtv  of  confound inc  the  treason  wfth 
may,  with  a  tranquil  conscience,  return  to    matter  vr\\\ch  may  be  legally  charged  as  lall^ 

vant  to  fA^jproo/*^  I/,  he  foUcwrs  lord 


ywir  fun  lilies  ;  though  by  your  judgment  the 
tmhaptw  object  of  it  must  return  no  more  to 
his. — Alas !  Gentlemen,  what  do  I  say  ?  he 
haa no  family  to  return  to;— the  affectionate 
partner  of  bis  life  has  already  folleu  a  victim 
-to  the  Mrprisc  and  horror  wbicli  attended  the 
moirlnttsactingir^Dutiel  that  mcian- 


.     .   ,      .  lord  Coke*! 

ex|>ress*ion  in  the  third  Institnte^  and  wSy 
This  is  an  overt  act  to  prace  tht  compaantf 


of  the  king^  death  :and  as  if  by  this  i 

expressmn  he  had  not  done  enoiig)i  u^  ken 
the  ideas  asuniler,  and  frun  abonoMit  rcipra 
for  therighuand  liberties  of  tbaad^ee^hA 


801] 


Jhr  High  Treaion. 


A.  D.  I794>. 


[90? 


iliHiiediately  it^ds^  ^«  But  iJkn  ihrt  muH  be  a» 
aatti  md  to  frovk  that  cotupiracy ;  and  ih<iu, 
ikaimfert  act  to  i^novx:  smh  deii^u^  it  an  ar«r/ 


IK 


kiug,  iS  iiii  over!  u£t  Ui  (irove  the  cou^ 
af  ms  (kralh^aml  savs  to  him,  but   > 
tlmi  ^h«ic  must  1 
the  fixit  pUcc,  /A 

hu"  - 

in.  J 

irw  thp  nipvt  v#Mi 


\\im\  tiien  i>  icy 

uUioT):  li  can  oixiy  ina  a  iJir^ct 
rite  5imJ  detain  his  perhott 


istence  of  the  overt  acU  Itus  Lcml  by  tiie  couii»1 
Cry  s&  at  An  end,  and  the  fudges  are  Armed  wUk  [ 
an  ftrbilrary  tmconlrolUble  dominion  ov€ffJ 
ihg  M'  '^  '"^  ^(►erlien  tit  ihe  n^iUun. 
('<  I   will  ijuvv   |>rvH;ct;d  to  bho4^| 

VDll    I  ....    .,L«Ctnn<"^   wiiji   h    I    am  li  is!',tijT|i>  iiQ  T 

iietd  by  ji  * 

/t    ut  aii   piiuhar   lu  ihp  j 

h[it  perv«i(k  lite  whril^J 

V.     Mr.  Ju^tiLC  I'O^I 

NT  hi*  wrrttrfL'"i,   l:^y«  I 

duwn  ihc  rule  Lhui  ;~li  t  s 

ft  general   rule,    thiit  **  n  J 


—  jiLnt  im>  gi'ii^  j 


lowed  to  have  |»Utft1 
.  IS  admitted  on  «U.| 
111  would  be  mdicalljf 


jt  c  h:ir" 


i 


and' I       ^  '.  .    ,,,.,,■,  '  '  y 

chargcci  the  overt  act  to  b«  comiuiittd  in  orU«f 
to  ctlccttiate  the  traiti^roiiH  purpo^ff,  Nohod^ 
ever  denied  ibis  proposition  ;  and  tlie  pre^er^ 
indirtni«!nt  is  fntm^  ;iccurdiQgly.  Now  it  ip 
thai  if  the  benignil)  of  th« 
(uire»  thiA  precision  m  the  in* 


I*-  dehanch  I  itd&from 

.UiL  L-  irintuin  :ii         .  ^..w  destruc- 

tion Dt  .u*%^f  th«  mo- 

airci) .  ittluftiswhat 

liie  Jmw  meaiib  by  ;i  cooifpnucy  agminst  the 
litni;*f    ^ovpfiittv:!)!,  ^Ttpposiij^  even  tllEt  a 

CV  riU    VtlitG    sv- 

jji  tii&  hhl  Van 

•i;  T^tluisboeD 

i<  r  tbift  braftch 

^«:  b«eo  nciuaDy 

h  icy  has  be<ui 

Wty  M  sii4.nint>f    1  do  h^ 
Ik  oooflpirncy  to  levy  wiur  ii^^, 
kliliiifiH^  tie  liod  iis  an  overt  at 

iOg  ibe  kio?:*^  di'.ilh.  iirrnii'*!-'  ill*.    v,_    ,„_^    L^.. 

iDodii^Ul)  ij  tod  ^iiUoctiy 

10  luf  d^Mr  ^   ,  tad  M  3ord 

iiale  truly  ftays,  ^*  ^tnail  i»  tije  distance  h^- 
IWt^tl  lii«  pmont  Aod  graves  </f  Princes/'— 
llul  unult4ply  the  irn^ivUiJir^  nb  yon  ^dl,  niiU 
iIm}  pnncjpk  present*  iLaeli,— I'he  lri»fh  of 
ibiavri  i.buiilupon  ex| 

4(i«»ii  "f  ihiii  de!»ent 

Vid  ccimpt'^'Hi  ftvidcn*:«  to  hekii  lo  i  mrv  of 
a  4<<iin  agfuutt  the  km^'b  hie ;  hut  it  doc6 
fid t^thm lore, ehaiige  the  DaUirc    '  '^     r-  t   - 
;Mr  ivftftmiu  4K))/  oourt  to  dedan 

iliif  ucafion  u{H«nihctr  htiMy^  tiiootp 


:iu   ucriit'tii. 

tncnt;  the  - 
<fititT  meanrng  lu  10*1  ui  uuiumivjh  - 
the  proieciifjn  of  the  prisoner  ;  ihr 
the  indictment  mu^t  <Sir.  rtk  rii  ir 
of  the  very  LETTtn  ■ 
Djuld.  i!ie^tTt]iele!*si,  1 

iiot  i  toiibreiif  iiv 

the  of  ilie  ill  l  o 

Qid>'  L^i.  iK>  protection  to  4L£  prisoner ,  Uit  AI 
dtfect  violation  of  the  firt^t  pritKiple.<i  ofjuf^l 
ticc  criminal  and  civd,  which  c^tl  univcnillf  | 
for   the.  proof  u(  hiI    material   >ivefmerit« 


otU 

tlniv 

mtl  prfK ceding,  even  down   1 

the  kilhuff  of  II  hare  or  u  pif 

con^tniclionu  only  to  l^c  cnliirj^td  a 

ed  n«  to  the  M^tutc  of  high  trcjuou, 

r  (lA&anig  It  wa^  tu  gu 

<  j'un  of  the  t: 
'  -s  in  fttvour  ij 


lion. 


IIXA-I     I V     II'    '*  '    I     111 ' .  T    ■■■■■'    7 

Tbc  JltttUlir%     -rp, 

'   tt  to  ont   p^il  i/l   n.-  ........    T  ,.-    y, 

-  6€»cma  to  deny  it  in  anoihcf. — t 
..  -    4 .  „vt  w  hen  I  iktaX^  ovva  v»^V  «»V  Uvi*  «^«ft^^ 


90S] 


35  GEORGE  HI. 


Trial  (fThtmas  Hardy 


[904 


^ill  not  suppose  that  I  attribute  the  inconsis- 
tency to  any  defect,  either  in  his  understand- 
ing or  liis  heart ;  far  from  it — it  arises,  I  am 
convinced,  from  some  of  the  authorities  not 
being  sufTicientiy  understood. 

In  the  beginning  of  his  speech  he  admits 
that  the  evidence  must  be  satisfactory  and 
couN  incing  as  to  the  intention ;  but  in  the  lat- 
ter part  beseems,  as  it  were,  to  take  off  the 
effect  of  that  admission.  I  wish  to  give  you 
the  very  words.  I  took  them  down  at  the 
time ;  and  if  I  do  not  state  them  correctly, 
J  desire  to  be  corrected.  *'  I  most  dis- 
tinctly disavow,"  said  ray  honourable  friend, 
^  every  case  of  constHHrtion.  I  most  dis- 
tinctly disavow  any  like  ca5<e  of  treason  not 
within  the  letter  of  the  statute.  I  most  dis- 
tinctly disavow  cumulative  treason.  I  most 
distinctly  disavow  enhancing  guilt  by  parity 
of  reason.  The  question  undoubtedly  Is,  whe- 
ther the  proof  be  full  and  satisfactory  to  your 
reasons  and  consciences  that  the  prisoner  is 
guilty  of  the  treason  of  compassing  the  king's 
death."  Gentlemen,  I  hope  that  this  will  al- 
ways with  equal  honour  be  admitted.  Now 
let  us  see  how  the  rest  of  the  learned  gentle- 
man's speech  falls  in  with  this. — For  he  goes 
on  to  say,  that  it  is  by  no  means  necessarv  that 
the  distinct,  spcrihc  intention  should  pre- 
exist the  overt  act.  "  If  the  overt  act,"  says 
he,  "  be  deliberately  committed,  it  is  a  com- 
l>assing."  But  how  so,  if  the  intention  be  ad- 
mitted  to  he  the  treason  i  What  benefit  is  ob- 
tained by  the  ri«?orous  demand  of  the  statute, 
that  tlic  compassing  of  the  king's  death  shall 
be  char<;cd  by  the  indictment  as  the  crime 
if  acriiH<j  difierenl,  or  short  of  it,  can  he  sul>- 
fitituted  for  it  in  the  proof:  and  how  can  the  sta- 
tute of  Kichard  2nd  be  said  toberepealed,which 
inadc  it  high  treason  to  compass  tu  depose  the 
king,  independently  of  intention  upon  iiis  life, 
if  the  law  shall  declare,  notwithstanding  the 
repeal,  that  they  are  synonimous  terms,  and 
that  tlie  one  concli  sivf.i.y  involves  the  otlier  ? 

Gentlemen,  if  we  examine  the  most  promi- 
nent cases,  which  have  come  in  judgment  be- 
fore judges  of  the  most  unqueslionablc  autho- 
rity and  after  the  con.^titulion  had  become 
fi.\ed,  you  will  find  every  thing  that  1  have 
been  saying  to  you  justified  and  confinncd. 

The  first  great  Stale  Trial,  after  the  revolu- 
tion, was  the  case  of  sir  John  I-'reind,*  a  con- 
spirator in  the  assassination  plot.  Sir  John 
i'rcind  was  indic  ted  tor  compuNsing  and  ima- 
gining the  death  of  king  William  ;  and  the 
overt  acts  charged,  and  principally  relied  on, 
were,  first,  the  sending  Mr.  (Jliarnock  into 
Frante  to  king  James,  to  drsire  him  tu  per- 
suade the  French  king  to  send  forces  over  to 
Great  Britain,  to  levy  war  apiiu'^t,  and  to  d«-- 
jH>se  the  King,  and  that  Mr.  Charnock  was 
actually  sent ;  and,"  secondly,  the  prej>aring 
men  to  be  levied  to  form  a  corps  to  assist  in 
the  restoration  cf  the  I'retender,  and  the  ex- 
pulsion of  king  William,  of  which  sir  John 
^  I »  —  ■  - .        ■■  I  ■  ■■  ■  ■  .  - 

*  Sechi^cyai&'m  ttiis  Collection,  Vol,  13,  y«1' 


Frcind  was  to  be  colonel.— In  this  case,  if  the  f 
proofs  were  not  to  be  wholly  discredited,  and 
the  overt  acts  were  consequently  established, 
they  went  rationally  to  convince  the  mind  of 
every  man  of  the  pre-existing  intention  to 
destroy  the  king. — '\  he  conspiracy  was  not  to 
do  an  act  which,  though  it  might  lead  enat^ 
iuaUy  and  spccvlativeljf  to  the  icings  detth, 
might  not  he  foreicen  or  designed  tij  those 
who  conspired  together :— the  conspiracy  was 
not  directed  to  an  event,  probably  leading  to 
another,  and  a  different  one,  and  from  the 
happening  of  which  second,  a  third  still  diffis- 
rent  might  be  engendered,  which  third  mig^t 
again  lead  in  its  consenuences  to  a  fourth  state 
ot  things,  which  mignty  in  the  revolution  of 
events,  bring  on  the  death  of  the  kinz, 
though  never  compassed  or  imagined : — Freinj^ 
conspiracy,  on  the  contrary,  bad  for  its  direct 
and  immediate  object  the  restoration  of  the 
Pretender  to  the  throne,  by  the  junction  of 
foreign  and  rebellious  force.  In  my  opinion 
(and  I  am  not  more  disposed  than  otliers  to 
push  things  beyond  their  mark  in  the  admi- 
nistration of  criminal  justice),  sir  John  Freind, 
if  the  evidence  against  him  found  credit  with 
the  jury,  could  nave  no  possible  defence; 
since  the  evidence  went  directly  to  prove  the 
despatch  of  Charnock  to  France,  under  his 
direction,  to  invite  the  French  king  to  bring 
over  the  Pretender  into  Kngland,  and  to  place 
him  on  the  throne. — ^The  intention,  therefore, 
of  sir  John  Freind  to  cut  off  king  William, 
was  a  clear  inference  from  the  overt  act  in 
question ;  not  an  inference  of  iuo)  fur  the 
Court,  but  ut\fact  for  the  jury,  under  the 
guidance  of  plain  common  sense;  because  the 
consequence  of  the  Pretender's  regaining  the 
throne  must  have  been,  the  attaintler  of  king 
William  by  act  of  parli^imeut. — Some  gentle- 
men seem  to  look  as  if  they  thought  nc»t — but 
I  should  be  glad  to  hear  the  poMtion  contra- 
dicted.— I  reneat,  that  if  the  Pretender  had 
been  restorea,  as  king  of  Kngland,  the  lejgal 
consequence  woidd  have  been,  that  king 
William  would  have  been  a  traitor  and  an 
usurper,  and  subject  as  such  to  be  tried  at  tlie 
Old  Bailey,  or  wherever  else  the  king,  who 
took  his  place,  thought  fit  to  brin^  him  to 
judgment. — From  these  prenjises,  therefore, 
there  could  be  no  dithcnityof  inferring  the 
intention ;  and,  ihcrctore,  it  ever  a  case  existed, 
where,  Irom  the  clearness  of  the  iiiterencCt 
the  province  of  the  jury  might  have  been 
overlooked,  and  the  overt  act  eon t(iuud«!d  with 
the  treason,  it  was  in  th«»  instance  of  hn  md; 
but  so  far  was  tins  from  being  the  case,  thit 
you  will  find,  on  the  contrary,  every  thing  I 
have  been  saying  to  you,  since  I  began  to 
address  you,  summed  up  and  confirmed  bf 
that  most  eminent  magistrate  loni  chief 
justice  liolt,  who  presided  upon  that  trial. 

He  begins  thus  : — "  Oentitmen  of  the  jury^ 
look  ye^  the  treuaon  that  is  mentioned  in  tH 
indictment  is  conspiring^  compassing^  andim^ 
gining  the  death  of  the  king.  To  peOve  tue 
GOsrspiBAcy  awd  dbsigit  tfthc  King*$  DJBATHj 
V 


905] 


fw  High  Treason. 


A.  D.  179*. 


[906 


iwpo  principal  overt  aci%  are  in$i$ted  on.^  He 
docs  Dot  consider  the  overt  act  of  conspiracy 
and  coDsiittaiioirtob^ttrerreoscm,  but  evidence 
(as  it  undoubtedly  was  in  that  case)  to  prove 
the  compassing  the  death.  The  chief  justice 
then  stales  the  two  overt  acts  above  men- 
tioned, and  sums  up  the  evidence  for  and 
against  the  prisoner,  and  leaves  the  intention 
to  the  jury  an  matter  of  fact. — For  it  is  not  till 
aAer«'uri)s  thai  he  comes  to  answer  the  pri- 
soner's objection  in  point  of  law,  as  the  chief 
jtiRlice  in  terms  puts  it — "  there  it  another 
iking,**  said  lord  chief  justice  Holt,  "  he  did 

tffsixt    If/Mm,    AND    THAT    IS    MATTER    OF    LAW. 

The  ttatute  %hth  Edward  III.  wom  read,  which 
is  the  great  statute  about  treatons,  and  that  does 
contain  divers  species  of  treason,  and  declares 
whai  shi$ll  be  treason  :  one  treason  is  the  com- 
pms^ing  and  imagining  the  death  of  the  king ; 
afwthar  is  the  levying  war.  liow  says  he**  (i.  c. 
Frexko),  '*  here  it  no  war  actually  levied  ; 
and  a  bare  conspiracy  to  levy  tear,  doe^  not 
come  vUhin'  the  law  against  treason.*'  To 
pause  here  a  little :  Frcind's  argument  was 
this — whatever  my  intentions  might  be — 
whatever  my  object  of  levying  war  might 
have  been — whatever  might  have  bc«n  my 
design  to  levy  it — however  the  destruction  of 
tiic  king  mi^ht  have  been  effected  by  m^ 
conspiracy,  it  it  had  gone  on — and  however  it 
mijvht  have  been  my  intention  that  it  should, 
-^it  is  not  treason  within  the  •25th  of  Edward 
III. — ^To  which  Hull  replied,  a  liltle  incor- 
TecUy  in  langu^inc,  but  right  in  substance — 
**  Kotcfor  that  i  must  tell  you,  if  there  be  only 
a  conspiracy  to  levy  aar,  it  is  nor  treason ;"  i.  e. 
it  is  not  a  substantive  treason :  it  is  not  a 
treason  in  the  abstract.  *<  But  if  the  design 
and  cimspiracy  be  either  to  kill  the  king,  or  to 
depose  him,  or  imprison  him,  or  put  any  force  or 
restrtiint  upon  him,**  i.  e.  personal  restraint  by 
force,  *'  and  the  way  of  effecting  these  purposes 
IS  BY  Li.vYiNG  A  WAR;  there  the  conspiracy 
and  consultation,  to  levy  war  for  that  purpose, 
is  high  treason,  though  no  aar  be  levied  :  for 
such  consultation  and  conspiracy  »  an  ovekt 
ACT  PROVING  the  compassing  the  death  of  the 
king.**  But  what  sort  of  war  is  it,  the  bare 
conspiracy  to  levy  which,  is  an  overt  act  to 
prove  a  design  a^'iiiist  the  king's  life,  though 
no  war  be  actual ly  levied  ?  (Jcnliemcn,  lord 
Holt  himself  illustrates  this  mutter  so  clearly, 
that  if  I  had  any  thin,';  at  stake  short  of  the 
honour  and  life  of  the  prisoner,  I  might  sit 
down  as  soon  as  I  had  read  it :— lur  if  one  did 
not  know  it  to  be  an  extract  from  an  ancient 
trial,  one  would  say  it  wat>  admirably  and  ac- 
curately wriltrn  for  the  present  purpose. — It 
it  a  sort  u\'  prophetic  bini'i>  eye  view  of  what 
we  arc  engaged  in  at  this  moment :— '*  there 
may  be  war  levied  (continues  lord  Holt  in 
Preind's  case)  without  any  design  upon  the 
king*s  person,  which,  i/' actually  levied,  tf 
high  treason,  though  purposing  and  designing 
sack  a  levying  of  war  is  not  so.  As  for  example : 
If  persons  do  assemble  themselves,  and  act  with 
force,  in  oppoiUion  to  some  law,  and  hope  thireby 


to  get  it  repealed;  this  is  a  levying  war,  and 
treason,  tdouob  the  purposing  and  designing 
OF  IT  IS  not  so.  So  when  they  endeavour,  in 
great  numbers,  with  force,  tomake  reformation 
of  their  own  heads,  without  pursuing  the  methods 
of  the  law,  that  is  a  levying  war,  but  tue  pi;r- 
POSE  and  DESIGNING  IS  NOT  SO.  But  if  there 
be,  as  I  told  you,  a  purpose  and  design  to  des- 
troy TBE  King,  and*'  (not  or  to  depose  hiniy 
but  and  to  depose  him)  **  to  depose  him  from  his 
throne,  which  is  proposed  and  designed  to  be 
effected  by  sear  that  is  to  be  levied ;  such  a  eon' 
spiracy  and  consultation  to  levy  war  for  the 
BRINGING  THIS  TO  PASs"(i.  c.  for  bringing  the 
king's  death  to  pass)  "  is  an  overt  act  of  high 
treason.  So  that,  gentlemen,  as  to  that  ejection 
which  he  makes,  IN  POINT  OF  LAW,  it  u  of 
no  force,  if  there  be  evidence  sufficient  to  coit- 
vinceyou  that  he  did  conspire  to  levy  war  FOR 
SUCH  AN  END."  And  ho  concludes  by 
again  leaving  the  intention  expressly  to  the 
jury. 

I  ^ItlSTHE  END  TUERF.FORE  FOR  WHICH  the  WRf 

lis  to  be  levied,  and  not  the  cunspiracv  to  do 
lany  act  which  the  law  considers  as  a  levying 
jof  war,  that  constitutes  an  overt  act  of  treason 
•againjit  the  king's  life.— The  most  rebellious 
Imdvements  towards  a  reform  in  government^ 
not  directed  aeunst  ihcking^s person,  wiltnot, 
according  to  lord  Holt^  support  the  charge 
before  you. — I  might  surround  the  House  of 
Commons  with  fif^y  thousand  men,  for  the  ex- 
press purpose  of  forcing  them,  by  duress,  to 
repeal  any  law  that  is  offensive  to  me,  or  to 
pass  a  bill  for  altering  elections,  without  being 
a  possible  object  of  this  prosecution.— Under 
the  other  branch  of  the  statute,  I  might  indeed 
be  convicted  of  levying  war,  but  not  of  com- 
passing the  king's  death ;  and  if  I  only  con- 
spired and  meditated  this  rising  to  repeal  laws 
by  rebellion,  I  could  be  convicted  of^  nothing 
but  a  hi^h  misdemeanor.-- -I  would  eive  my 
friends  the  case  upon  a  special  verdlict,  and 
let  them  hang  me  if  they  could. — How  much 
more  might  I  give  it  them  if  the  conspiracy 
imputed  was  not  to  effect  a  reform  by  violence, 
but,  as  in  the  case  before  us,  by  pamphlets 
and  speeches,  which  might  produce  universal 
suffrage,  which  universal  suffrage  might  eat 
out  and  destroy  aristocracy,  which  destruction 
might  lead  to  the  fall  of  monarchy,  and,  in 
the  end,  to  the  death  of  the  king.— Gentle- 
men, if  the  cause  were  not  too  serious,  I 
should  liken  it  to  the  play  with  which  wo 
amuse  our  children.  "  This  is  the  cow  with 
the  crumpledy  hum,  which  gored  the  dog, 
that  worried  the  cat,  that  ale  tiie  rat,"  &c. 
ending  in  the  '*  house  which  Jack  built." 

I  do  therefore  maintain,  upon  the  express 
authoritv  of  lord  Holt,  that,  to  coiivict  a  pri- 
soner, charged  with  liiis  Reason,  it  is  abso- 
lutely necessary  that  you  should  be  satisfied 
of  his  intention  against  the  king's  life,  as 
charged  in  the  indictment,  a^id  that  no  desig;n 
against  the  king* 5  gooernment  will  «v«xi  ^^ 
legal  overt  act  to  \^  \fttt  Ma  ^  y^  **  ^^''^  ^'^^ 


f>07]         35GB0KGE  IIL 

fUbstanlive  and  consummate  treason)^  unless 
the  tonspiracjr  be  directly  pointed  a^inst  the 
perton  ofiht  ^'n^.  The  casa  of  loi3  George 
l}ordon*  is  opposed  to  this  as  a  high  and  mo* 
dern  decision:  and  the  attorney  general  des- 
cended indeed  io  a  very  humble  and  lowly 
authority,  when  he  sought  to  maintain  his 
argument  by  my  own  speech,  as  counsel  for 
that  unforUinate  person.  The  passage  of  it 
alluded  to  lies  at  this  moment  before  me; 
and  1  shall  repeat  it,  and  re-maintain  it  to- 
day.—But  let  It  first  be  recollected,  that  lord 
Y^eorge  Gordon  was  not  indicted  for  com- 
passing or  imaginine  the  king's  death,  under 
the  fii^t  branch  of  tne  statute,  but  for  levying 
i»ar  under  the  second.  It  never  indeed  en- 
tered into  the  conception  of  anv  man  living, 
that  such  an  indictment  could  have  been 
maintained,  or  attempted  against  him :  I  ap- 
lical  to  one  of  your  lordships  now  present,  lor 
whose  learning  and  capacity  I  have  the  great- 
est and  highest  respect,  and  who  sat  upon 
.that  trial,  that  it  was  not  insinuated  from  the 
Kar,  much  less  adjudged  by  the  Court,  tliat 
the  evidence  had  anv  bearing  upon  the  first 
hruneh  t^  treason, — I  know  that  I  may  safely 
ajypeal  to  Mr.  Justice  Buller  fur  the  Uuth  of 
this  assertion ;  and  nothinjg  surely  in  the  pas- 
sage from  my  address  to  the  jury,  has  the  re- 
motest illusion  to  assimilate  a  conspiracy 
against  the  king's  government  (collateral  to 
his  person)  with  a  treason  against  iiis  life. — 
My  words  were,  "  To  comptm  or  imagine  the 
death  of  the  king;  such  imagination,  or  pur- 
pose olf  the  mind,  visible  on!y  to  its  great  Au- 
thor, being  manifested  by  some  open  act ;  an 
institution  obviously  directed,  not  only  to  the 
^^curity  of  his  natural  person,  but  to  the  sta- 
bility of  the  government;  the  life  of  the 
prinrc  being  so  uiterwoven  with  the  constitu- 
tion of  the  state,  that  an  atlemut  to  destroy 
the  one,  is  justly  held  to  be  a  rebellious  con- 
spiracy agamst  the  othcr."t 

What  15  this  but  to  say  that  the  king's  sacred 
life  is  guarded  by  higher  sanctions  than  the 
mHinary  laws,  because  of  its  more  inseparable 
^on^cxlun  with  the  public  security,  aud  that 
an  attempt  to  destroy  it  is  therefore  made 
treason  agaiubt  the  state  ?  But  the  attorney 
general  is,  I  am  sure,  too  correct  in  his  logic 
to  say,  that  the  converse  of  tlic  proposition  is 
flierelbre  maintained,  and  that  an  attack  upon 
the  king's  authority,  without  design  upon  his 

{>erson,  is  affirmed  by  the  same  expression  to 
)e  treason  against  his  life. — iiis  correct  and 
enlarged  mind  is  incapable  of  such  confusion 
of  ideas. 

But  it  is  time  to  quit  what  fell  from  me  upon 
this  occasion,  in  order  to  examine  the  jud^. 
nient  of  the  Court*  and  to  clothe  myself  with 
the  authority  of  that  great  and  venerable  ma- 
gistrate, whose  nferaory  will  always  be  dear 
to  me,  not  only  from  the  eminent  services  he 

•  See  it  in  this  Collection,  Vol.  31,  p.  485. 
t  See  Mr.  Erskinc's  speech  for  lord  George 
CordCD,  aMl^,  Vol.  31,  p.  689. 


Tool  of  Thoinat  Hardjf 


tSOB 


rendered  to  his  country  in  the  adminiitntioa 
of  her  justice,  but  on  account  of  the  peraonal 
regard  and  levereace  I  bad  for  him  wkne^ 

Uving. 

Lord  Mansfield,  in  delivering  the  law  I9 
the  jury  upon  lonl  George  Goraon*a  trial  (I 
appeal  to  the  trial  itsolf,  and  to  Mr.  Justica 
Buller,  now  present,  who  agreed  in  the  judg- 
ment), expressly  distioguiihed  between  the 
safety  provided  tor  the  king's  nalurai  pcriH^ 
by  the  first  branch  of  the  statute,  and  the  se- 
curity  of  his  executive  power  under  the  se- 
cond. That  great  judge  ^mvw  had  an  Up 
that  the.  nmturat  person  of  the  king,  anotbe 
mqjesty  of  the  king,  were  the  sajme  tluil^wr 
that  the  treasons  against  them  were  synoni- 
mous:  he  knew,  on  thecontraiyyfbirlie.^w 
all  that  was  to  be  knowji,  that  as  mhttatuke 
crimes  they  never  had  been  blended.  I  wiQ 
read  his  own  words  :*-^  There  are  two  kinds 
of  levying  war :— one  agaiQSt  the  pertoa  of 
the  king :  to  imprison,  to  dethronep  or  to  kill 
him ;  or  to  make  him  change  measiire^  vi 
remove  counseUors :— the  other,  whick  jshssid 
to  be  levied  against  the^  majett^  of  the*'kiM 
or,  in  other  words,  against  him  in  his  npX 
capacity :  as  when  a  raultilude  rise  and  aa- 
semble  to  attain  by  force  and  violence  any 
object  of  a  general  public  nature ;  diat  is 
levying  war  against  tne  nunesty  of  the  kmg; 
and  most  reasonably  so  held,  because  it  tends 
to  dissolve  all  the  bonds  of  society,  to  destroy 
property  and  to  overturn  government ;  ano^ 
by  force  of  arms,  to  restrain  the  king  from 
reigning  according  to  law."*  But  then  ol^ 
serve,  geiUlenicu,  the  war  mtut  be  actually 
levied;  and  here  ag.iin  I  appeal  to  Mr.  Jus- 
tice Buller,  for  the  words  of  lord  Mansfield, 
expressly  referrinjs  for  what  he  said  to  tlie 
authority  of  lord  Holt,  in  sir  John  Freind's 
ca6e,alrcady  cited :  ''  Lord  chief  justiceHoit,  ia 
sir  John  Freiiid's  case,  says ; — '  If  persons  do 
'  assemble  themselves  and  act  with  force,  io 
'  opposition  to  some  law  which  they  think  in- 
'  convenient,  and  hope  thereby  to  get  it  re- 
'  pealed,  this  is  a  levying  war  and  treason.' 
In  the  present  caset  it  docs  not  rest  upon  an 
implication  that  thev  hoped  by  opposiliou  to 
a  law  to  get  it  repealed ;  but  the  prosecutiua 
proceeds  upon  the  direct  ground,  tihat  the  ob- 
ject was,  by  force  and  vioUnce,  to  compel  the 
legislature  to  repeal  a  law ;  and  thcrefiue, 
without  any  doubt,  I  tell  you  the  joint  opiniua 
of  us  all,  that,  if  this  multitude  assemble^ 
with  intent  bif  acts  (/force  and  violence^  to 
compel  the  lej^islature  to  repeal  a  law,  it  is 
high  treason.''^  Let  these  words  of  lord 
Mansfield  be  taken  down,  and  then  show  roe 
the  man,  let  his  rank  and  capacity  be  whst 
they  may,  who  can  remove  me  from  the  foun- 
dation on  which  I  stand,  when  I  maintain 


*  See  lord  George  Gordon^s  case,  VoL  31, 
p.  014  of  this  Collection, 
t  liord  George  Gordon*s,  then  on  trial. 

iSee  the  case  of  lord  George  Gordon»«at2 
.  31,  p.  64i.  ^^ 


909] 


for  High  Treajfon^ 


A.  D.  1794. 


[910 


that  a  conspiracv  to  levy  war  for  the  objects 
of  fie&iriDatioo,  is  not  only  not  the  high  trca- 
son  charged  by  this  indictmant,  when  not  di- 
rectly pointed  against  the  ^ing*s  person,  but 
that  even  the  actual  levying  it  woula  not 
amount  to  the  coniFtitution  oftne  crime.  But 
this  is  tlie  least  material  part  of  lord  Mans- 
field's  judgment,  as  applicable  to  the  present 
question ;  fur  he  expressly  considers  tue  in- 
TENTTON  of  the  pHsoncr,  whatever  be  the  act 
of  treason  alleged  ai^ainst  him,  to  be  all  in  all. 
— So  far  from  holding  the  probable  or  even 
inevitable  consequence  of  tne  thing  done  as 
constituting  the  quality  of  the  act,  he  pro- 
nounces them  to  be  nothing  as  separated  from 
the  criminal  detign  to  produce  tnem. — Lord 
George  Gordon  assembled  an  immense  mul- 
titude around  the  House  of  Commons,  a  sys- 
tem so  opposite  U)  that  of  the  persons  accused 
hefbre  this  commission,  that  it  appears  from 
the  evidence  thry  would  not  even  allow  a 
man  to  come  amongst  them,  because  he  had 
been  lord  George's  attorney.— The  Lords  and 
Commons  were  absolutely  blockaded  in  the 
chambers  of  Parliament ;  and  if  control  was 
the  intention  of  the  prisoner,  it  must  be 
wholly  immaterial  what  were  the  deliberations 
that  were  to  be  controlled  ;  whether  it  was 
the  continuance  of  Roman  Catholics  under  pe- 
nal laws,  the  repeal  of  the  septennial  act,  or  i 
s  total  change  of  the  structure  of  the  House  of ' 
Commons,  that  was  the  object  of  violence, —  ' 
the  attack  upon  the  legislature  of  the  coun- ! 
try  would  have  been  the  same.  That  the 
multitude  were  actuallv  assembled  round  the 
Houses,  and  brought  tiJcrc  by  the  prisoner,  it 
was  impossible  fur  me  as  his  counsel  even  to 
think  of  denying;,  nor  that  their  tumultuous 
proceedings  wci-e  not  in  effect  productive  of 
great  intimidation,  and  even  danger,  to  the 
Lords  and  Commons,  in  the  exercise  of  their 
authority :— neitlier  did  I  venture  to  question 
the  law,  that  the  assembling  the  multitude 
Jor  that  purpose,  was  levying  war  within  the 
statute. — Upon  these  facts,  therefore,  applied 
to  the  doctrines  we  have  heard  upon  this 
trial,  there  would  have  been  nothing  in  lord 
George  Gordon's  case  to  try ;  he  must  have 
been  mstantly  without  controversy,  convicted. 
But  lord  Mansfield  did  not  say  to\hc  jury  (ac- 
cording to  the  doctrines  that  have  been 
broached  here),  tliat  if  they  found  the  multi- 
tude assembled  by  the  prisoner,  were  in  fact 
palpably  intimid.iting  and  controlling  the 
parlianicnt  in  the  exercise  of  their  functions,  he 
was  guilty  of  high  treason,  whatever  Ais  inten- 
tkms  might  have  been.-^lic  did  not  tell  them 
that  the  ineritable  cantcguence  of  assembling 
a  hundred  thousand  people  round  the  le^sla- 
ture,  bein^  a  control  on  their  proceedings, 
was  thertjure  a  levying  war.  though  collected 
from  folly  and  rashness,  without  tnc  inteniian 
of  violence  or  control. — If  this  had  been  the 
doctrine  of  lord  Mansfield,  there  would  (us  I 
said  before)  have  been  nothing  to  try ;  for  I 
admitted  in  terms,  that  his  conduct  was  the 
citreuity  of  rashaessi  aod  totally  iocooslsteDt 


with  1)is  rank  in  the  conntry,  and  his  station 
us  a  member  of  the  House  of  Commons  — 
But  the  venerable  magistrate  never  for  a  mo- 
ment lost  sipht  of  the  grand  ruling  principle 
of  criminal  justice,  that  crimes  can  have  no 
scat  but  in  the  mind ;  and  upon  theprisi  n^r's 
intention y  and  upon  his  intention  ulone,  he  ex- 
pressly left  the  whole  matter  to  the  jury,  with 
the  following  directions,  which  I  shaul  read 
verbatim  from  the  trial : 

*•  Having  premised  these  several  proposi- 
tions and  principles,  the  subject  matter  for 
your  consideration  naturally  resolves  itself 
mto  two  points : 

**  First,  Whether  this  multitude  did  a5scm- 
ble  and  commit  acts  of  violence,  witli  intent  to 
terrify  and  compel  the  legislature  to  repeat 
the  act  called  sirUeorge  SavDe's.— If  upon  this 
point  your  opinion  should  be  in  the  ncgativ^ 
that  makes  an  end  of  the  whole,  and  the  pri- 
soner ought  to  be  acquitted ;  but  if  your  opi* 
nion  should  be,  that  the  intent  qf  thii  muUi- 
tude,  and  the  violence  they  committed^  was 
to  force  a  repeal,  there  arises  a  second  pomt- 

**  Whether  the  prisoner  at  the  bar  mcited, 
encouraged,  promoted,  or  assisted  in  raisine 
this  insurrection,  and  the  terror  the^  carriea 
with  them,  with  the  intent  of  forcing  a 
repeal  of  this  law. 

<<  Upon  these  two  points,  which  you  wQl 
call  your  attention  to,  depends  the  fate  of  this 
'  trial;   for  if  either  the  multitude  had  no  wek 
!  intent^  or  supposing  the^  had,  if  the  priMontr 
'  was  no  eauMe,  did  not  excite,  and  to0k  no  part 
in  conducting,  counselling,  or  fomenting  the 
insurrection,   the  prisoner  ought  to  be  ac 
quitted  :  and  there  is  no  pretence  that  he  per- 
sonally concurred  in  any  act  of  violence."* 
1  tlierefore  consider  the  case  of  lord  George 
!  Gordon,  as  a  direct  authority  in  my  favour. 

To  show  that  a  conspiracy  to  depose  the 
-  king,    independentlv   of  ulterior   intention 
j  against  his  life,  is  high  treason  within  the 
•  statute,  the  attorney  general  next  supposes 
that  traitors  had  conspired  to  depose  king 
'  William,  but  still  to  preserve  him  as  stadt- 
1  holder  in  Holland,  and  asks  whether  that  con- 
■  spiracy  would  not  be  a  compassing  his  death: 
\  to  that  question  I  answer,  that  it  would  not 
1  have  been  a  compassing  the  death  of  king 
1  William,    provided    the    conspirators   could 
I  have  convinced  the  jury  that  their  firm  and 
j  ^in///i(/r  intention  was,  to  proceed  no  farther, 
and  that,  uuder  that  1>elief  and  impression, 
the  jury  (as  they  lawfully  might)  had  nega- 
tived by  their  fimling,  the  fu(*t  of  the  inten- 
tion against  the  kiu'^'s  nuUiral  existence.— I 
have  iio  doubt  at  all,  that,  u|>ou  that  finding, 
no  judgment  of  trr-asoii  ruuld  be  pronounced: 
btit  t!)o  diflicuUy  would  l>e,  to  meet  with  a 
jury,  who,  upon  the  bare  evidence  of  such  a 
conspiracy,  woidd  find  such  a  verdict.    There 
might  be  ]H)ssible  cirfumstanccs  to  justify 
sucli  a  negative  of  the  intention,  but  tliey 

*  '<  See  lord  George  Govi^tC^  \sl\si\^  ^'<^^%. 
Vol.  ^1,V^.0V0,G\1,. 


»ll] 


35  GEORGE  III. 


Trial  of  Thonuu  Hardy 


[918. 


must  come  from  tlie  priAoner.  -In  that  case 
t)ie  Crown  would  rest  uuon  the  conspiracy  to 
depose,  which  would  oe  primA  facie  and 
cogent  evidence  of  the  compassing,  and  leave 
the  liard  task  of  rebutting  it,  on  the  defend- 
ants :^I  say  the  hard  task,  because  the  case 
put  IS  of  a  direct  rebellious  force,  acting  against 
the  king ;  not  only  abro^tinc  his  authority, 
but  imprisoning  and  expelling  his  person  from 
the  kingdom.  I  am  not  seeking  to  abuse  the 
reasons  and  consciences  of  juries  in  the  exa- 
mination of  facts,  but  am  only  resisting  the 
confotmding  them  with  arbitrary  propositions 
of  law. 

Gentlemen,  I  hope  I  have  now  a  right  to 
consider  that  the  existence  of  the  high  treason 
diarged  against  the  unfortunate  man  before 
you,  is  a  matter  of  fact  for  your  consideration 
upon  the  evidence. — To  establish  this  point, 
has  been  the  scope  of  all  that  you  have  been 
listening  to,  with  so  much  indulge  ne'e  and 
patience.  It  was  my  intention  to  have  farther 
supported  myself,  by  a  (:reat  many  autliori- 
ties,  which  I  have  been  laboriously  extracting 
from  the  different  books  of  the  law;  but  I 
find  I  must  pause  here,  lest  I  consume  my 
strength  in  this  preliminary  part  of  the  case, 
and  leave  the  rest  defective. 

Gentlemen,  the  persons  named  in  the  in- 
dicUnent,  arc  charged  with  a  conspiracy  to 
subvert  the  rule,  order,  and  government  of 
this  country;  and  it  is  material  that  you 
should  observe  most  particularly  the  means 
by  which  h  alleees  this  purpose  was  to  be  ac- 
complished.— The  charge  is  not  of  a  con- 
spiracy to  hold  the  convention  in  Scotland, 
which  was  actually  held  there ;  nor  of  the 
part  they  took  in  its  actual  proceedings ;  but 
the  overt  act,  to  which  all  the  others  arc  sub- 
sidiary and  subordinate,  is,  a  supposed  con- 
spiracy to  hold  a  convention  in  England^  which 
never  in  fact  was  held ;  and  consequently  all 
the  vast  load  of  matter  which  it  has  been  de- 
cided you  should  hear,  that  does  not  immc- 
diatel;?  connect  it'velf  with  the  ch^irge  in  ques- 
tion, is  only  laid  before  you  (as  the  Court  has 
repeatedly  expressed  it)  to  prove  that  in  point 
of  fact  such  proceedings  were  had,  the  quality 
of  which  is  for  your  judgment ;  and  as  far, 
and  as  far  only,  as  they  can  be  connected  with 
the  prisoner,  and  the  act  which  he  stands 
charged  with,  to  be  left  to  you,  as  evidence  of 
the  intention  with  which  the  holding  of  the 
second  convention  was  projected. 

This  intention  is  therefore  the  whole 
<  ause — for  the  charge  is  not  the  agreement  to 
hold  a  convention,  which  it  is  notorious,  self- 
evident,  and  even  admitted  that  they  intended 
to  hold  ;  but  the  agreement  to  hola  ilfor  the 
pyrpose  alleged^  of  assuming  all  the  authority  of 
the  statCf  and  in  fulfilment  of  the  main  inten^ 
Hon  against  the  life  rf  the  king.  ^  Unless, 
therefore,  you  can  collect  this  double  intention 
from  the  evidence  before  jrou,  the  iodictiiient 
is  not  maintiined. 

Geiitbv-»    •»- 


involved  beyond  all  controversy,  and  wLlhin 
the  certain  tnowledse  of  the  conspirators,  the 
lives  of  every  soul  ttiat  was  engaeed  in  it; 
the  first  observation  which  I  shall  make  to 
you  (because  in  reason  it  ousht  to  precede  all 
others)  is,  that  every  act  aone  by  the  pri- 
soners, and  every  sentence  written  by  them, 
in  the  remotest  degree  connected  with  the 
charge,  or  offered  in  evidence  to  support  it, 
were  done  and  written  in  the  public  face  of. 
the  world: — the  transactions  which  consti- 
tiite  the  wlK>]e  Ixnly  of  the  proof,  were  not 
those  of  a  day,  but  in  regular  series  for  two, 
years  together;  they  were  not  the  peculiar 
transaction  of  the  pnsoners,  but  of  immense 
bodies  of  the  king's  subjects,  in  various  parts 
of  the  kingdom,  assembled  without  the 
smallest  reserve,  and  givinic  to  the  public, 
through  the  channel  of  the  dally  newspaoers, 
a  minute  and  repilar  journal  of  their  wnolc 
proceedings.  Not  a  syllable  liave  we  heard 
read,  in  the  week's  imprisonment  we  have 
suflcrcd,  tliat  we  had  not  all  of  us  read  for 
months  and  months  before  the  pro^secuUon 
was  heard  of;  and  which,  if  we  are  not  suffi- 
ciently satiated,  we  may  read  asain  upon  the 
file  of  every  coffee- house  in  the  Kingdom.-»It 
is  admitted  distinctly  by  the  crown,  that  a  re- 
form in  the  House  of  Commons  is  the  osten- 
sible purpose  of  all  tlie  proceedings  laid  before 
you ;  ana  that  the  attainment  of  that  object 
onlv,  is  the  grammatical  sense  of  the  great 
body  of  the  written  evidence. — It  rests  there- 
fore witli  the  crown,  to  show  by  leoal  paoos 
that  this  OSTENSIBLE  purpose,  and  the  wbole 
mass  of  correspondence  upon  the  table,  was 
only  a  cloak  to  conceal  a  hidden  machination, 
to  subvert  by  force  the  entire  authorities  of  the 
kinp;dom,  and  to  assume  them  to  themselves. 
Wh'olher  a  rcl'onn  of  parliament  be  a  wise  or 
an  unwise  expedient ;  u  hot  her,  if  it  were  ac- 
complished, it  would  ultimately  be  attended 
with  benefits,  or  dangers,  to  the  country,  E 
will  not  undertake  to  investi£;ate,  and  fur  tliis 
plain  reason ;  because  it  Is  wholly  foreign  to 
the  subject  before  us.— But  when  we  are^ 
trying  the  integrity  of  uicn*s  intentions,  and 
are  examining  whether  their  complaintk  of 
defects  in  the  representation  of  the  [louse  of 
Commons,  be  bondfide^  or  only  a  mere  sleJk- 
ing- horse  for  treason  and  rebelfioo,  it  becoanes 
a  most  essential  inquirv,  whether  they  be  the 
first  who  have  uttered  these  complaints;—* 
whether  they  have  taken  up  notions  for  the 
first  time,  which  never  occurred  to  others; 
and  whether,  in  seeking  to  interfere  practi- 
cally in  an  alteration  of  the  constitution,  they 
have  manifested,  by  the  novelty  of  their  coD- 
(hict,  a  spirit  inconsistent  with  affection  for 
the  government,  and  subversive  of  its  autho- 
rity. Gentlemen,  I,  for  one,  confess  (fbri 
think  the  safest  way  of  defending  a  versoa 
for  his  life  before  an  enlightened  trtbunaJ^  is  to 
defbnd  him  ingenuously),  I,  for  one,  ccmAss 
dial  it  the  defects  in  the  constitution  of  psr- 
are  the  sulyect  of  tho  wrimn^ 


»?«■?*• 


91^ 


Jot  High  Trmsoih 


fore  you,  had  never  occurred  to  otiicr  pefsons 
at  other  times,  or,  if  not  new,  they  had  only 
existed  in  the  history  of  former  conspiracies, 
I  should  be  afraid  you  would  suspect,  at  least, 
that  the  authors  of  them  were  plotters  of  mis- 
chief.—In  such  a  case  I  should  naturally  ex- 
pect that  you  would  ask  yourselves  this  ques- 
tion— Why  should  it  occur  tu  the  prisoner  at 
the  bar,  and  to  a  few  others  in  the  year  1794, 
immediately  after  an  important  revolution  in 
another  country,  to  find  fault,  on  a  sudden, 
ivith  a  constitution  which  had  endured  for 
am,  without  the  imputation  of  defect,  and 
vnich  no  good  subject  had  ever  thought  of 
touching  with  the  busy  hand  of  reformation } 
I  candidly  admit  that  such  a  question  would 
occur  tu  the  mind  of  every  reasonable  man, 
and  could  admit  no  favourable  answer. — But 
surely  this  admission  entitles  me,  on  the 
otfier  hand;  to  the  concesbion,  that  if,  in  com- 
paring their  writings,  and  examining  their 
conduct  with  the  writings  and  conduct  of  the 
best  and  most  unsuspected  persons  in  the  best 
and  most  unsuspected  times,  we  find  them 
treading  in  the  paths  which  have  distinguished 
their  highest  superiors;  if  we  find  them  only 
exposing  the  same  defects,  and  pursuing  the 
same  or  similar  courses  fur  their  remavd,^it 
would  be  the  height  of  wickedness  and  injus- 
tice to  torture  expressions,  and  pervert  con- 
duct into  treason  and  rebellion,  which  had  j 
recently  liflcd  up  others  to  the  love  of  the  ' 
nation,  to  the  confidence  of  the  sovereign,  \ 
and  to  all  the  honours  of  the  state.  The  na-  ; 
tural  justness  of  this  reasoning  is  so  obvious,  i 
that  we  have  only  to  examine  the  fact ;  and, 
considering  undfT  what  au«>pircs  the  prisoners 
are  brought  bcl'urc  you,  it  may  be  fit  that  I 
should  set  out  with  reminding  you,  that  the 

Seat  earl  of  Chatham  began  and  established 
c  fame  and  glory  of  his  life  upon  the  very 
cause  in  which  my  unfortunate  clients  were 
engaged,  and  that  he  left  it  as  an  inheritance 
to  the  present  minister  of  the  crown,  as  the 
foundation  of  his  fame  and  glory  atler  him.; 
and  his  fame  and  glory  were  accordingly 
yaised  upon  it ;  and  if  the  crown's  evidence 
had  been  carried  as  far  back  as  it  might  have 
been  (for  the  institution  of  only  one  o(  the  two 
London  Societies  is  before  us),  you  would 
bave  found  that  the  Constitutional  Societ;^ 
owed  its  earliest  credit  with  the  country,  if 
not  its  very  birth,  to  the  labour  of  the  present 
minister,  and  its  professed  principles  to  his 
grace  the  duke  of  Kichmond,  high  also  in  his 
miyesty's  present  councils,  whose  plan  of  re- 
Sam  has  been  clearly  established  by  the 
whole  body  of  the  wntten  evidence,  and  by 
every  witness  examined  for  the  crown,  to 
bave  been  the  type  and  model  of  all  the  so- 
Mties  in  the  supposed  conspiracy,  and  uni- 
Ibniily  acted  upon  in  form  and  in  substance 
tg;  the  prisoner  )>efore  you,  up  to  the  very 
geriod  of  his  confinement. 

Genllemen,  the  duke  of  Richmond's  plan 
WS.  universal  suffirage  and  annual  parlia- 
IIMto;  .tnd  iirgod  loo  with  a  boldness^  which, 

VOL.  XXIV. 


A.  D.  1794.  [914 

when  the  comparison  comes  to  be  made,  will 
leave  in  the  back  ground  the  strongest  figures 
in  the  writings  on  the  table. — I  (To  not  say 
this  sarcastically  ;  I  mean  to  speak  with  the 
greatest  respect  of  his  Grace,  both  with  regard 
to  the  wisdom  and  integrity  of  his  conduct ; 
for  although  J  have  always  thought  in  politics 
With  the  illustrious  person  whose  letter  was 
read  to  you;  although  I  think,  with  Mr.  Fox^ 
that  annual  parliaments  and  universal  sufirage 
would  be  nothing  like  an  improvement  in  tho 
constitution ;  yet  I  confess  that  I  find  it  easier 
to  sav  so  than  to  answer  the  duke  of  Rich-. 
mond's  arguments  on  the  subject ;  and  I  must 
say  besides,  speaking  of  his  grace  from  a  long 
personal  knowledge,  which  besan  when  I  was 
counsel  for  his  relation  lord  Keppcl,  that,  in- 
dependently of  his  illustrious  rank,  which  se- 
cures him  against  the  imputation  of  trifling 
with  its  existence,  he  is  a  person  of  an  en- 
larged understanding,  of  extensive  readings 
and  of  much  refiecUon ;  and  that  his  book 
cannot  therefore  he  considered  as  the  effusion 
of  rashness  and  folly,  but  as  the  well-weighed, 
though  perhaps  erroneous,  conclusions  drawn 
from  the  actual  condition  of  our  affairs,  viz. 
that  without  a  speedy  and  essential  reform  ia 
parliament  (and  there  my  opinion  goes  along 
with  him^  the  verv  being  oftlie  country,  as  a 
sreat  nation,  would  be  lost.  This  plan  of  the 
duke  of  Richmond  was  the  grand  main  spring 
ofevery  proceeding  we  have  to  deal  with; — ^you 
have  haa  a  great  number  of  loose  conversations 
reported  from  societies,  on  which  no  reliance 
can  be  had ;  sometimes  they  have  been  gar^ 
bled  by  spies,  sometimes  misrepresented  by 
ignorance ;  and  even,  if  correct^  have  fre- 
(jiientlv  been  the  extravagances  of  unknown 
individuals,  not  even  uttered  in  the  presence 
of  the  prisoner,  and  totally  unconnected  with 
any  design;  for  whenever  their  proceedings 
are  appealed  to,  and  their  real  object  examined, 
by  living  meuibcrs  of  them,  brought  before 
you  by  the  crown,  to  testify  them  under  the 
most  solemn  obligations  of  truth,  they  appear 
to  have  been  following,  inform  and  in  sic^* 
fiance,  the  pian»  adopted  within  vur  memorieM^ 
not  only  bif  the  duke  of  Richmond,  but  6y  hun* 
dreds  of  the  most  eminent  men  in  the  kingdom. 
Thediike  of  Richmond  formally  published  hia 

fjlan  of  reform  in  the  year  1780,  in  a  letter  to 
ieutenant  colonel  Sharman,  who  was  at  that 
time  inractically  employed  upon  the  same  object 
in  Ireland ;  and  this  is  a  most  material  part 
of  the  case ;  because  you  are  desired  to  believe 
that  the  terms  Convf.ntion,  and  Delegates, 
and  the  holding  the  one,  and  sending  the  other, 
were  all  collected  from  what  had  recently  hap- 
pened in  France,  and  were  meant  as  the 
formal  introduction  of  her  republican  consti- 
tution :  but  they  who  desire  you  to  believe 
all  this,  do  not  believe  it  themselves ;  because 
they  know  certainly,  and  it  has  indeed  already 
been  proved  by  their  own  witnesses,  that  con- 
ventions of  reformers  were  held  in  Ireland, 
and  delegates  regularly  sent  to  Vlbyeoi^  niVv;\iX 
France  ^as  undet  xXx^^oaua^'^v^^'^VK-aais^.'Q^ 
3N 


915] 


35  GEORGE  III. 


Trial  of  Thomat  Hardy 


[910 


govcromcnt. — ^Thny  knew  full  well  that  colo- 
nel Sharman,  to  whom  the  dukc*s  lelter  was 
addressed,  was  at  that  very  moment  supporting 
a  convention  in  Ireland,  at  the  head  often  thou- 
sand men  iuarms,  for  tiie  dcfenceof  their  coun- 
try, without  any  commission  from  the  king,  any 
more  than  poor  I- ranklow  had,  who  is  now  in 
Newgate,  for  regimenting  sixty. — These  vol- 
unteers asserted  and  saved  the  liberties  of 
Trcland;  and  the  king  would, at  this  daVi  have 
had  no  more  suljccts  in  Ireland  than  he  now 
ha(i  in  America,  if  they  had  been  treated  as 
traitors  to  the  Government. — It  was  never  im- 
puted to  colonel  Sharman  and  the  volunteers, 
that  they  were  in  rebellion ,— yet  they  had 
arms  in  their  hands,  which  the  prisoners  never 
dreamed  of  having ;  whilst  a  grand  general 
convention  was  actually  sitting  under  their 
auspices  at  the  royal  Exchange  of  Dublin,  at- 
tended by  regular  delegates  from  all  the  coun- 
ties in  Ireland. — And  who  were  these  dele- 
gates ? — I  will  presently  tear  oti'  their  names 
trom  this  paper,  and  hand  it  to  you. — ^They 
uere  the  greatest,  the  best,  and  proudest 
names  in  Ireland; — mcnwholiadthe  wisdom 
to  reHect  (before  it  was  too  late  for  reflection) 
that  greatness  is  not  to  be  supported  by  tilting 
At  inferiors,  till,  by  the  separation  of  the 
higher  from  the  lower  orders  of  mankind, 
every  .distinction  is  swept  away  in  tlie 
tempest  of  revolution  ;  but  in  the  happy 
hannonization  of  the  whole  community ;  by 
conferring  upon  the  people  their  rights ;  sure 
of  receiving  the  auspicious  return  ot  affection, 
and  of  ensuring  the  stability  of  the  govern- 
ment, which  is  erected  upon  that  just  and  na- 
tural basis.^GcntlciiKn,  they  wlio  put  tliis 
tortured  construction  on  conventions  and  de- 
legates, know  also  that  repeated  meetings  of 
reforming  societies,  both  in  Knglund  and 
Scotland,  had  assumed  about  the  same  time 
the^ty!f  of  conventions,  and  had  been  attended 
by  reguhir  deb-gates,  long  before  the  phrase 
had,  or  c(»nld  have,  any  existence  in  Trance; 
and  that  upon  the  very  mo<lel  of  tiiese  former 
associations  a  formal  convention  wasartually 
sitting  at  Kdinbiirgh,  with  the  lord  chief 
baron  of  Scotland  in  the  chair,  fur  promoting 
a  reform  in  parliament,  at  the  very  niomeni 
the  Scotch  Convention,  following  its  example, 
assumed  lluit  title. 

To  return  to  this  letter  of  the  duke  of  Rich- 
mond:—It  was  written  to  colonel  i?harman, 
in  answer  to  a  letter  to  his  grjce,  desiring  to 
know  his  plan  of  reforin,  whi(  h  he  acconl- 
incly  tonununicatcd  hy  the  letter  which  is  in 
evidence  ;  and  wiiich  plan  was  neither  more 
nor  Ifs-  than  that  adopted  bv  ihi  pri<oiiri<,  (»f 
surround :n.:  parliament  (nnwilhng  to  r»  tl-rm 
il«»  own  c«::riiptionO,  not  !)y  armed  men,  or 
by  importunate  ninhitndes/hut  l;y  the  still 
and  \mi\fr>:il  voice  of  a  whole  piH)pIe  t  i.aim- 
IKO  rnriii  known  and  VNAnrxAni.t  kichits. 
— ^Thisis  so  preeisriy  the  ]'l.in  of  the  duke  of 
Kichmond,  til  It  1  have  almost  l)orrowcd  his 
expressions,  liia  grace  tays,  **  The  le»er  re- 
Hjrui  has  been  attempted  withctery  vmuUo 


advantage  in  its  fevour^  not  only  from  the 
zealous  support  of  the  advocates  for  a  more 
effectual  one,  but  from  the  assistance  of  men 
of  great  weight,  both  in  and  out  of  power. 
But  with  all  these  temperaments  and  helps 
it  has  failed.  Not  one  proselyte  has  been 
gaineil  from  corruption,  nor  has  the  least  ray 
of  hope  been  held  out  from  any  quarter  that 
the  Mouse  of  Commons  was  inclined  to  adopt 
any  other  mode  of  reform.  The  weight  of 
corruption  has  crushed  this  more  gentle,  as  it 
would  have  defeated  any  more  efficacious  plan 
ill  the  same  circumstances.  From  that  quarter, 
therefore,  I  have  nothing  to  hope.  It  is  froh 

THE  PEOPLE  AT  LARGE  THAT  I  EXPECT  AWT 

GOOD : — and  I  am  convinced,  that  the  only 
way  to  make  them  feel  that  they  are  real^ 
concerned  in  the  business,  is,  to  contend 
for  their /u//,  clear,  and  indisputable  rights  of 
universal  representation.'*  Now  how  doe9 
this  doctrine  apply  to  the  defence  of  the  pri- 
soner?—I  maintain  that  it  has  the  most  de- 
cisive application ;  bec^pse  this  book  has  been 
put  into  the  hands  of  the  crown  witnesses, 
who  have  one  and  all  of  them  recognised  i^ 
and  declared  it  to  have  been,  bojtd  fide,  the 
plan  which  they  pursued. 

But  are  the  crown's  witnesses  worthy  of 
credit? — If  they  arc  not,  let  us  return  home, 
since  there  is  no  evidence  at  all,  and  the  cause 
is  over. — All  the  guilt,  if  any  there  be,  pro- 
ceeds from  their  testimony ;  if  they  are  not 
to  be  believed,  they  have  proved  nothing; 
since  the  crown  cannot  force  upon  you  that 
part  of  the  evidence  which  suits  its  purpose, 
and  ask  you  to  reject  the  other  which  tloos  not. 
The    witnesses  are  either  entirely  credible, 
or  undeserving  of  all  credit,  and  1  have  no  iii- 
terctt  in  the  alternative.    This  is  precisely  the 
state  of  the  cause. — For,  with  regard  to  all  the 
evidence  that  is  written,  let  it  never  be  for- 
gotten, that  it  is  not  upon  me  to  defend  my 
clients  against  it,  hut  for  the  crown  to  extract 
fnmi  it  the  materials  of  accusation. — ^Ihoy 
do  not  contend  that  the   treason  is  upon  the 
i  surface  of  ir,  hut  in  the  lutait  intention ;  which 
!  intention  must,  therefore,  be  supported  by  cx- 
I  trinsicproof;  butwhich  is  nevertheless  directly 
!  negatived  and  beat  down  by  tvcpt*  witness 
I  they  have  called,  leaving  them  nothing  but 
:  conunentarits  and  critici^nis  against  both  fart 
!  and  language,   to  which,  for  the  present,  I 
I  shall   content  myself  with   replying  in   the 
!  authoritative  Km^uage  of  the   C'ourt,  in  the 
;  earliest  staice  of  the  proceedings  : 

'*  U  there  be  ground  to   consider  the  pio- 

fessed  purpo>eofany  of  these  associations,* 

rvfor:/}  m  jn.rliamcnt^  as  mere  colour,  and  as  > 

pretext  held  out  in  order  to  cover  deeper  de- 

^iJ:ns — de^iiinN  against  the  whole  constitutkm 

:  and  government  of  the  country;  the  case  of 

,  those  embarked  in  such  doigns  h  that  which 

I  have  already  considered.     Whether  this  bt 

so,  or  not,  is  mere  matter  of  fact ;  as  to  which 

j  I  sliall  only  rcmiud  you,  that  an  inquiry  into 

I  a  charge  oVthis  nature,  which  undertakes  M 

out  thatthe  ostensible  purposcis  anm 


917]  f»  High  Treason. 

ircily  under  which  is  concealed  a  traitorous 
conspiracy,  requires  cool  and  deliberate  exami- 
nation, and  the  roost  attentive  consideration; 
and  that  the  result  should  be  perfectly  clear 
and  satisfactory.  In  the  afiairs  of  common 
liftQy  no  man  is  justified  in  imputinz  to  another 
a  meaning  contrary  to  what  he  nimself  ex- 
presse&y  but  upon  the  fullest  evidence."  * — 
To  this  (though  it  requires  nothing  to  support 
it,  cither  in  reason  or  authority)  I  desire  to 
add  the  direction  of  lord  chief  justice  Ilolt 
to  the  jury,  on  the  trial  of  sir  John  Parkyns : 

^  Gentlemen;  it  is  not  fit  that  there  should 
be  any  strained  or  forced  construction  put 
upon  a  man's  actions  when  he  Is  tried  for  his 
life.  You  ought  to  have  a  full  and  satisfac- 
tory evidence  that  he  is  guilty,  before  yuu 
pronounce  him  so/*t 

In  thb  assimilation  of  the  writings  of  the 
aocicties  to  the  writings  of  the  duke  of  Ricli- 
mond  and  others,  I  do  not  forget  that  it  lias 
been  truly  said  by  the  lord  chief  ju^iticc,  in 
tlkc  course  of  this  very  cause,  tliat  ten  or 
twenty  men*s  committmg  crimes,  furnishes 
no  defence  for  other  men  in  committing  them. 
Certainly  it  does  not;  and  I  fly  to  no  such 
sanctuary;  but  in  trying  the  prisoner's  in  ten- 
tionsy  and  the  intentions  of  those  with  whom 
he  associated  and  acted,  if  I  can  show  them 
to  be  only  insisting  upon  the  same  principles 
that  have  distinguished  the  men  most  emi- 
nent for  wisduu)  and  virtue  in  the  country,  it 
will  not  be  very  easy  to  declaim  or  areue 
them  into'  the  pains  of  death,  whilst  our  bo- 
soms are  glowing  with  admiration  at  the 
Works  of  those  very  persons  who  would  con- 
demn them. 

Gentlemen,  it  has  been  too  much  tlie 
fashion  of  late  to  overlook  the  genuine  source 
of  all  human  authoritv,  but  more  especial Iv 
totally  to  furget  the  character  of  the  British 
House  of  Commons  as  a  representative  of  the 
people ;— whether  this  lias  arisen  from  that 
assembly's  having  itself  forgotten  it,  would 
be  indecent  lor  me  to  inquire  into  or  to  in- 
umiate ; — but  1  shall  preface  the  authorities 
which  I  mean  to  collect  in  support  of  the 
prisoner,  with  the  opinion  on  tliat  subject  of 
a  truly  celebrated  writer,  of  whom  I  wish  to 
Speak  with  great  respect :  I  should,  indeed, 
be  asliamed,  particularly  at  this  moment,  to 
name  liim  invidiously,  while  he  is  benaing 
beneatli  tlie  pressure  of  a  domestic  misfor- 
tune, which  no  man  out  of  his  own  family 
laments  more  sincerely  than  I  do.^ — Mo 
dificrencc  of  opinion  can  ever  make  me 
&rget  to  acknowledge  the  sublimity  of  his 
genius,  the  vast  reach  of  his  understanding, 
aiul  his  universal  acquaintance  with  the  his- 
tories and  constitution  of  nations ;  I  also  dis- 
avow the  introduction  of  the  writings,  with 
.^       —    ■  ■     '  ■  --I    .  ■      .. 

•Sea  Lord  Chief  Justice  Eyre's  charge  to 
f^  grand  jury,  who  found  the  indictment, 
aaf2p.305. 

.  1  i<  See  Vol.  IS,  p.  132  of  this  Collection. 
.  {.  Mr.'  Bttrkc*s  son  was  then  dying. 


A.  D.  1794. 


[918 


the  view  of  involving  the  author  in  any  ap- 
parent inconsistencies,  which  would  tend, 
mdeed,  to  defeat  rather  than  to  advance  my 
purpose. — I  stand  here  to-day  to  claim  at 
your  hands,  a  fair  and  charitable  inlerpreta^ 
tion  of  human  conduct,  and  I  shall  not  set 
out  with  giving  an  example  of  uncliaritable- 
ncss. — A  man  may  have  reason  to  change 
his  opinions,  or  perhaps  the  defect  may  be  m 
myself,  who  collect  that  they  are  changed ;  I 
leave  it  to  God  to  judge  of  the  heart— my 
wish  is,  that  christian  cl^arity  may  prevail ; — 
that  the  public  harmony,  which  has  been  lost, 
may  be  restored ;— that  all  England  may  re- 
unite in  the  bonds  of  love  and  affection ; — 
and  that  when  the  court  is  broken  up  by  the 
acauitUil  of  the  prisoners,  all  heart-burnings 
ana  animosities  may  cease ; — that,  whilst  yet 
we  work  in  the  light,  we  may  try  how  we  can 
save  our  country  by  a  common  effort ;  and 
that,  instead  of  shamelessly  setting  one  half 
of  society  against  the  other  by  the  force  of 
armed  associations,  and  the  terrors  of  courts 
of  justice,  our  spirits  and  uur  strength  may 
be  combined  in  the  glorious  cause  of  our 
country.— By  this,  I  do  not  mean  in  the 
cause  of  the  present  war,  whicli  I  protest 
against  as  unjust,  calamitous,  and  destructive; 
but  this  is  not  the  place  for  such  a  subject,  I 
only  advert  to  it  to  prevent  mistake  or  misre- 
presentation. 

The  history  and  character  of  tlie  English 
House  of  Commons  was  formerly  thus  de- 
scribed by  Mr.  Burke ;  *'  The  House  of  Com- 
mons was  supposed  originally  to  be  no  part  of 
the  stattding  ^(rvernment  of  this  country,  but 
was  considered  as  a  control  issuing  ihimtdiatelif 
from  the  people,  and  speedily  to  be  resolved 
into  the  mass  from  whence  it  arose:  in  this 
respect  it  was  in  the  higher  part  of  govern- 
ment wliat  juries  are  in  the  lower.  The  ca- 
pacity of  a  magistrate  being  transitory,  and 
that  of  a  citizen  permanent,  the  latter  capst- 
city,  it  was  hoped,  would  of  course  prepon- 
derate in  all  discussions,  not  only  between 
the  people  and  the  standing  authority  of  the 
Crown,  but  between  the  people  and  the  fleetr 
ing  authority  of  the  House  of  Commons  itself. 
It  was  hoped,  that,  being  of  a  middle  nature, 
lictween  subject  and  government,  they  would 
feel  with  a  more  tender  and  a  nearer  interest, 
every  thing  that  concerned  the  people,  than 
the  other  remoter  and  more  permanent  parts 
of  legislature. 

*'  Whatever  alterations  time  and  the  neces- 
sary accommodation  of  busiucss  mav  have 
introduccfl.  this  character  can  never  he  sus* 
tained,  unless  the  House  of  Commons  shall 
be  made  to  bear  some  stamp  of  the  actual  dis- 
position of  the  people  at  large  :  it  would 
(amonz  public  misfortune^)  be  an  evil  more 
natural  and  tolerable,  that  the  House  of  Com- 
mons should  be  infected  with  every  epide- 
mical frenzy  of  tlie  people,  as  this  would  indi- 
cate some  consanguinity,  some  sympathy  of 
nature  with  their  constitucQU^\2cciax>\\aX>^^ 
hhguld^  in  all  c%m%,  \j^i  >MVksA\^  >3®L\»MiB«"  *  *" 


019] 


36  GEORGE  m. 


the  opinions  and  feelines  of  the  people  out  is€ 
doors.  By  this  want  of  sympathy,  they  would 
cease  to  he  a  House  of  Commons. 

"  The  virtue,  spirit,  and  essence  of  a  Hou<ie 
of  Cominons,  consists  in  its  being  the  express 
iroa^ofthe  feelings  of  the  nation.  It  was 
not  nistituted  to  be  a  control  upon  tlic  people, 
as  of  late  it  has  been  taught,  bv  a  doctrine  of 
the  tiiost  pernicious  tendency,  but  as  a  con- 
trol for  the  people." 

He  then  goes  on  to  sav,  that  to  give  a 
technical  shape,  a  colour,  dress,  and  duration 
4o  popular  opinion,  is  the  true  office  of  a  House 
of  Commons. — Mr.  Burke  is  unquestionably 
correct; — the  control  upon  the  people  is  fhe 
king's  majesty,  and  the  hereditary  privileges 
of  the  peers ;— the  balance  of  the  state  is  Sie 
control  Foil  the  people  upon  both,  in  the 
.existence  of  the  House  of  Commons  *— but 
bow  can  that  control  exist  foe  the  people,  un- 
less they  have  the  actual  election  ot  the  House 
of  Commons,  which,  it  is  most  notorious,  they 
have  not? — I  hold  in  imr  hand  lei  state  of  the 
representation  which,  if  the  thing  were  not 
otnerwie.e  notorious,  I  woidd  prove  to  have 
been  lately  ottered  in  proof  to  the  House  of  i 


Triai  of  Thtnmu  Hardy  ^ 

and  much  betterthan  td  the  iimes'irtfeB tbe 
honourable  j^ntleman  wrote  his  Irndk^;  4at 
we  are  now  in  the  heart  and  bowdi  of  KM^ 
ther  war,  and  eroaning  under  its  additioMl 
burdens.-— I  sh^l  therefore  leare  it  to  Ihe 
learned  eentleman,  who  is  to  reply,  toihiNr 
us  what  has  happened  since  our  author  wroli^ 
which  renders  the  parliament  less  HsMt  ti 
the  same  observations  now. 

*'  It  must  be  dways  the  wish  of  anwMoii- 
stitutional  statesman,  that  a  House  of  Com- 
mons, who  are  entirely  dependent  upoa  him, 
should  have  every  right  of  the  peo^  eociiely 
dependent  upon  their  pleasure.  For  it  w» 
soon  discovered  that^the  forms  of  a  free,  and 
the  ends  of  an  arliitraiy  govemmenft^  were 
thines  not  altogether  incompatible. 

"  The  power  of  the  Crown,  almost  dead  and 
rotten  as  prerogative,  has  grown  up  auew, 
with  much  more  strength  and  far  less  odium, 
under  the  name  of  influence. — An  infiucno^ 
which  operated  without  noise  and  violence ; 
which  converted  the  very  antagonist  into  the 
instrument  of  power ;  which  contained  in  it- 
self a  perpetual  principle  of  growth  and  reno- 
vation ;  and  which  the  distresses  and  the 
prosperity  of  tlie  coimtry  equally  tended  to 


Commons,  by  an  honourable  friend  of  mine    .      .       _ 

pow  present,*  whose  motion  I  had  the  honour  j  augment^  was  an  admirable*  sulMtitute  Ibra 
to  second,  where  it  appeared  that  12,000  i  prerogative,  that,  being  only  the  offspring  of 
{Neoplc  return  near  a  majority  of  the  House  of  |  antiquated  prejudices,  had  moulded  in  ilsori- 


tlommons,  and  those  again,  under  the  control 
of  about  300.    But  though  these  facts  were 
admitted,  all  redress,  and  even  discussion,  was 
refused. — What  ought  to  be  said  of  a  House  ' 
of  Commons  that  so  conducts  itself,  it  is  not 
for  me  to  pronounce ;  1  will  appeal,  therefore,  . 
to  Mr.  Burke,  who  says,  <*  that  a  House  of  ■ 
Commons,  which  in  all  disputes  between  the 
people  and  administration  presumes  against . 
the  people,  which  punishes  their  disorders,  . 
but  refuses  even  to  inquire  into  their  provoca-  > 
tions,  is  an  unnatural,  monstrous  state  ofj 
things  in  the  constitution."  { 

But  this  is  nothing:  Mr.  Burke  goes  on 
afterwards  to  give  a  more  full  description  of 
Parliament,  and  in  stronger  language  (let  the 
Solicitor  General  take  it  down  for  his  reply), 
than  any  that  has  been  employed  by  tnose 
who  are  to  be  tried  at  present  as  conspirators 
against  its  existence.— I  read  the  passage,  to 


ginal  stamina  irresistible  principles  of  decay 
and  dissolution.*'* 

What  is  this  but  saying  that  die  House  of 
Commons  is  a  settled  and  scandalous  abuse 
fastened  upon  the  people,  instead  of  being 
an  antagonist  power /br  their  protection;  an 
odious  mstrumcnt  ol  power  in  the  hwds  of 
the  Crown,  instead  of  a  popular  balance 
against  it  ?  Did  Mr.  Burke  mean  that  the 
prerogative  of  the  crown,  properly  understood 
and  exercised,  was  an  antiquated  prejudice? 
Certainly  nut;  because  his  attachment  to  t 
properly  balanced  monarchy  is  notorious  >- 
why  then  is  it  to  l>e  fastened  upon  the  pri- 
soners, that  they  stigmatize  monarchy,  when 
tliey  also  exclaim  onlt/  atainst  ittcarntptknuf 
In  the  same  manner,  when  he  speaks  of  the 
abuses  of  parliament,  would  it  be  fair  in  Mr. 
Burke  to  argue,  irom  the  strict  legal  meaning 
of  the   expression,  that  he  included,  in  tbe 


warn  you   acainst  considering   hard   words  j  censure  on  parliament,  the  king's  person,  or 
again<>t  the  House  of  Commons  as  decisive    majesty,  which  is  part  of ' '  '"  '    " 


the  parliament?  In 

examining  the  work  of  an  author  }*ou  must 

collect  the  sense  of  his  expressions  from  the 

subject  he  is  discussing ;  and  if  he  is  writing 

contents ;   and  such  discontents  will  always    of  the  House  of  Commons  as  it  afiects  the 


evidence  of  treason  against  the  King. — The 
passage  is  in  a  well-known  work,  called, 
Thoughts  on  the  Causes  of  the  prfsi  nt  Dis- 


be  pnisF.bT,  whilbt  their  causes  continue. 
The  word  pkesf.st  will  apply  just  as  well  note. 


•  Mr.  Charles  Grey,  afterwards  second  carl 
Grey:  hut  on  the  subject  of  a  Parliamentary 
Reform,  see  the  opinions  expressed  by  k)rd 
Grey  and  Ion!  Krskinc  in  the  House  of  Peers, 
see  HausanTs  Parliamentaiy  l>ct>atcs,  vol. 
96jP-P  4«5,4R(i. 

X  See  jnnke^  Works,  Vol.  9,  p.  SQ9|  cd.  0f 
S60B. 


structure  and  efficacy  of  the  government,  yoa 
ought  to  understand  the  word  parliament  so 
as  to  meet  the  s^cnse  and  obvious  reeanxra  of 
the  writer.— Why  then  is  this  common  jt* 
tice  refused  to  others  ?—W  hy  is  the  word  paiu* 
meut  to  be  taken  in  its  strictest  and  least  ob- 
vious sense  against  a  poor  shoe-maker  or  any 
plain  tradesman  at  a  Sheflieldclub^  wliili  ittt 

^^J^  Burked  Woifa,  Vol.  t,  p.  «9,«d.rf 


SBl]  Jt^  High  Tftuzfm. 

Ititer^ctctl  in  iu  vopukn  though  less  rorre«fl  J 
^CMptUioOf  10  the  W"^-    ^*  »^  -  "•     ♦  <«-«r'    " 


»f 


■'N 


fe; 


^h. 


I  anient  fhtou;ihout, 
•lie   House  of  Cora- 
oncomitant  words  which 
u,  iMjt  the  ^tn^i*  oflm 
purtmment    ih 
the  prison* T  m  meaning;  some  i 
tlic  Huitse  of  *  V,  whvu  it  c^a 

no  poMililc  in<  ,uij{|  it;   fsince  i 

in  the  I  ^^  tnd  il  is  joined  ; 

tlie  H  t  .'iii«  o/'rV  peo///r ; — 

>n   ui    me  people  in  piirlia* 
lol  litis  mosi  palpahly  mcicn 
1  ^^onimons,  when  we  know  thjrt 
have  no  re  pre  sen  la  I  ion  in  ctlher 
.  ...*.cr  branches  of  the  government  > 
idler  has  been  read  in  evidence  from 
Hardy  lo  Mr.  Fox,  where  he  says  their 
set   wivs    universal    repnesentatioi).      Did 
Fox  swpjiose,  when  he  received  this  letJer^ 
ml  it  wni  trum  a  neM  of  republicans,  cla- 
ittrinjr  ptibiicl}*  forun  universal  repre^senta- 
r  hiiion  like  that  of  France?— If  he 

1  he   have  tent  the  answer  he  did, 
^rucd  10  t>re«*enl  I  heir  petition? — They 
hQ  lo  tfie  Sockly  of  the  Friends  of  Ihc 
»nd  invited  llicm  t  >        '   '  ■      jos  to 
nvfcniion  : — the  at  i  who 

,dc  honourable  anu  ^..lu^ini  inunnun  of 
y,  will  not  bupjKJSethat  it  woidd  have 
^..A  n->  I!  .^.ih  refusing  the  invitation 
and  regard,  if,  with  all 
t  .:  ^ .  ,  \  lad  of  ineir  transactions, 
Ihey  hiid  conceivrd  themt^elves  to  have  been 
invited  to  iht  formniiou  of  a  body,  which  was 
ovcr-rule  and  extinguish  all  the  authorities 
if  the  state :  yet  upon  the  perversion  of  these 
two  terms,  parhamenl  and  convention^  against 
tlirir  niittirnl  interpretation,  against  a  similar 
\i  Ml  by  others,  and  ftgamst  the  solemn 

*  I    of   them  by    trie  Crown's  own 

iincvses,  this  whole  fabric  of  terror  and  ac- 
tion  stands   for   its  support :    letters,  it 
ins,  written  to  olhr '  -  -   ^ 'r   nreto  be  better 
iindcr»»tot«d    by  the  ri    round    this 

ifi^'"    ^^I'T'  r>*  "f>r  Situ  ...,  wi  .lil  months  after 
I.  if-n,  than  by  those  to  whom 

t  L-5edand  wnt;  and  no  right 

ii  ion,  forsooth,  is   lo  be    expected 

J)  I igs  when  pursued  in  their  regulsr 

a,   but  they  arc  to  be  made  distinct  by 
ing  them  op  in  a  large  volume,  alongside 
others  totally  unconnected  with  them,  and 
very  existence  of  whose  authors  was  un- 
,ogwn  to  one  unother, 

I  will  now,  trtuliemfii,  resume  the  reading 
pt         '  ;   Mr.  Burke,  and  a  pretty 

ime  parliament :  '*  Th^y 
wvii  ii'jt  Lumutni  Ihc*'       •   '-Tf-t    to  the 
good,  and  eitinot  t  by  the 

igRf  ive  of  the  crown,  i*^  ..  ^Jw^ied  ft  new 
They  have  lotJiUy  abandoned  the  shal- 
and  old-fa<ihtan«a  fortreas  nf  pteroja* 
liv«|  and  made  a  lodgmeol  m  tha  sUOJig-hold 


jiL. 


m  1 

not 


of  parliament  itself    If  they  have  any  evfl 

.i^c^-T^   «-  ,.,t.;.i,  .1,^.,.  ,.  ^o  ordinary  leg^al 

'ring  it  into  par* 

\s  executed  trom 

•  id  the  power  at 

j'e,  and  the  safety 

t;  no  rules  to  confine^ 

itmfy.  Fur  parliament 

iiiot,    win*   tiny   peal    projiriety,    punUh 

.tTs,  for  things  in  which  they  themselves 
Lave  been  u  Thus    its  control 

upon  the  e%i  ^  i  r  in  lost."* 

This  i  I     It  is  not 

Ibdt  thr  I  under  thi* 

or  that  kiniii;!  t\!  LY,  that 

the  people   I  ie  House  of 

Commons,  it  mi*  mmu  ^(.lui  up  and  say 
that  he  disbelieves  tliis  to  he  the  case;  I  be- 
li*  v#»  Ur  would  ftnd  nobody  to  believe  hitn, 
rc  pursues  the  subject  thus :  *•  The 
I  L  ,<TS  of  monarchy  vt'cif'  llir  great  sub- 
jects of  apprehension  an  m  the  la*t 
century — m  thh^  the  H  ,^  of  parlia- 
ment/* Here  the  word  p^triiament,  and  the 
abuses  beloocjing  to  it,  arc  put  in  express  Ofw 
posilion  lo  the  monarchy,  and  cannot  tliere- 
fore  comprehend  it  ♦  the  distempers  of  parha- 
■ment  then  art  '  f  serious  uptrrehensi on 
and  redress,  i ';  m  pers  P  N  ot  of  thti 
or  that  ye-dr,  rtni  uu-  habitual  distempers  of 
parliament;  and  then  follows  the  tkatonre  of 
the  remedy,  which  shows  that  the  prisoneri 
are  not  singular  in  thinking  that  it  rs  by  the 
VOICE  OF  rnz  i-topir  only  that  parHament 
can  be  corrected,  ••  It  is  not  in  parliament 
alone,"  sav*^  ^Ir.  Hurler.  *•  th:ii  the  remedy 
for  pari  i  1  ■  omplctcd ; 
and  harli  ^  hctc.  Until 
a  confidence  lu  }>overnnicul  U  re-established, 
Uie  people  onc^ht  to  be  excited  lo  a  m^tt 
strict  and  dc  ^  nlion  to  the  conduct 
of  their  rept^  Standards  for  jiid|«- 
ing  rnorc  Tsyjitematica^j  "  inrt 
ought  to  be  settled  in  i  n- 
ties  and  corporations,  ana  trequeni  and  cor- 
rect lists  o(  the  voters  in  nil  important  ques^ 
tions,  ought  to  be  procured.  By  tuch  ftteans 
fomcthing  may  be  done.^'f 

It  was  the  same  sense  of  the  trnpotsibility  of 
a  reform  in  parliament,  without  a  seneMlric- 
pression  of  tne  wishes  of  the  people,  that  He* 
tated  the  duke  of  Richmond's  Letter :  aJI  tht 
petitions  in  I7nn  had  been  rejected  by  parlia- 
ment;— '  the  duke  of  RicVimond  ex- 
claim, ti  iliai  qnarter  no  redrcsa  wfii 
to  be  expected,  and  that  from  the  people  affm$ 
he  expected  any  ^ood  ;  and  he,  therefore,  cir- 
p^s^ly  mvitetl  them  locbim  and  I 
^ual  representation  an  their  ind* 
unahen'it  "  '  '  '  '  w  to  as'^ni  inni 
rights,  V  t  alreafly  refti^ed 
Ihem  wkm  -u,  ^..1!  i-,,c  i.i^i'e.as  the  duke  w- 
pressed  it,  of  listening  to  them  any  more  f 

•  See  Burkc*8  World,  Vol.  «,  p.  Mi,  ed. 
of  laoB, 
t  Sd«  Burked  W^t^vNtK,^^\.^\V 


i 


923] 


35  GEORGE  III. 


Trial  of  Thmaa  Hardy 


[93/k 


Could  the  people's  rights,  under  such  circum- 
stances, be  asserted  without  rebellion?  Cer- 
tainly they  might:  for  rebellion  is,  when 
bands  of  men  within  a  state  oppose  them- 
fielves,  by  violence,  to  the  general  will,  as  ex- 
pressed or  implied  by  the  public  authority ; 
but  the  sense  q\'^  whole  people,  peaceably  col- 
lected, and  operating  by  its  natural  and  cer- 
tain cfTect  upon  the  public  councils,  is  not  re- 
bellion, but  15  paramount  to,  and  the  parent 
of,  au  Ihority  i  tsel  f . 

Gentlemen,  I  am  neither  vindicating,  nor 
speaking,  the  language  of  inHammation  or  dis- 
content;— I  shallspeak  nothing  that  can  dis* 
turb  the  order  of  the  state ;  I  am  full  of  devo- 
tion to  its  dignity  and  tranquillity,  and  would 
not  for  worlds  let  fall  an  expression  in  this  or 
in  any  other  place  that  could  lead  to  disturb- 
ance or  (lisonler:^but  for  that  very  reason,  I 
speak  with  firmness  of  the  rights  of  tue 
PEOPLE,  and  am  anxious  for  the  redress  of 
their  complaints ;  because  I  believe  a  system 
of  attention  to  them  to  be  a  far  better  security 
and  establishment  of  every  part  of  the  govern- 
ment, than  those  that  are  employed  to  pre- 
serve them. — ^rhe  state  and  government  of  a 
coimtry  rest,  for  their  support,  on  the  great 
body  of  the  people,  and  1  nope  never  to  hear 
it  repeated,  in  any  court  of  justice,  that  peace- 
ably to  convene  the  people  upon  the  subject 
of  their  own  privileges,  can  lead  to  the  de- 
struction of  ttie  king : — they  are  the  king's 
worst  enemies  who  hold  this  language. — It  is 
a  most  dangerous  principle,  that  the  crown  is 
in  jeopardy,  if  the  people  are  acquainted  with 
their  rights,  and  that  the  collecting  tliem  to- 
getlier  to  consider  of  them,  leads  mevitably 
to  the  destruction  of  the  sovereign.— Do  these 
gentlemen  mean  to  say  that  the  king  sits 
upon  his  throne  witiiout  the  cuiiscnl,  and  in 
defiance  of  the  wishes  of  the  great  body  of  his 
people,  and  that  he  is  kept  upon  it  by  a  few 
individuals  who  call  themselves  his  friends, 
in  exclusion  of  tlic  rest  of  his  subjects  ? — Has 
tlic  king's  inhcri lance  no  deeper  or  wider 
roots  tlian  this?  Yes,  gentlemen,  it  has — it 
stands  upon  the  love  of  the  pcoplo,  who  consi- 
der their  own  inheritance  to  he  supported  by  | 
the  king's  constitutional  authority :  this  is  >' 
the  true  prop  of  the  throne ;  and  the  love  of 
every  people  upon  earth  will  for  ever  uphold  i 
a  government,  founded,  as  ours  is,  upon  nni- 
son  and  consent,  as  long  as  government  shall  ' 
be  itself  attentive  to  tlie  general  inlcresls 
which  are  the  foundations  and  tlie  ends  of  all 
human  authority. — I^t  us  banish  then  those 
unworthy  and  impolitic  fears  of  an  unrestrain- 
ed and  an  enli<^htened  people  ;— let  us  not 
tremble  at  the  rights  of  man,  but,  by  giving 
to  men  th«ir  ri^^its,  secure  their  atfections, 
and,tlirough  their  afibct ions,  their  obedience  ; 
— ^let  us  not  broach  the  dangerous  doctrine 
that  the  rights  of  kings  and  of  men  are  incom- 
patible.— Our  government  at  the  Revolution 
Decan  upon  their  liarmunious  incorporation ; 
and  Mr.  Locke  defended  king  William's  title 
upon  no  other  priocipie  ihaa.the  nghta.  of 


men.  It  is  from  the  revered  work  of  Mr. 
Locke,  and  not  from  the  revolution  in  France, 
that  one  of  the  papers  in  the  evidence,  the 
most  stigmatized,  most  obviously  flowed ;  for 
it  is  proved  that  Mr.  Yorke  held  in  his  hvid 
Mr.  Locke  upon  government,  when  he  deli- 
vered his  speech  on  the  Castle- hill .  at  Shef- 
field, and  that  he  expatiated  largely  upon  it ; 
— well,  indeed,  might  the  witness  say  he  ex- 

{>atiated  largely,  for  there  are  many  well-se- 
ected  passages  taken  verbatim  from  the  book; 
and  here,  injustice  to  Mr.  White,*  let  me  no- 
tice the  fair  and  honourable  manner  in  wluch, 
in  the  absence  of  tlie  clerk,  he  read  this  ex- 
traordinary performance.  lie  delivered  it  not 
merely  with  distinctness,  but  in  a  manner  so 
impressive,  that,  I  believe,  every  man  in 
court  was  affected  by  it. 

Gentlemen,  I  am  not  driven  to  defend  every 
expression ;  some  of  them  are  imdoubtedly 
improper,  rash,  and  inflammatory ;  but  I  see 
nothing  in  the  whole  taken  together,  even  if 
it  were  connected  with  the  prisoner,  that  goes 
at  all  to  an  evil  purpose  in  the  writer.  But 
Mr.  Attorney  General  ha<^  remarked  upon 
tliis  proceeding  at  Sheffield  (and  whatever 
falls  from  a  person  of  his  rank  and  just  esti- 
mation, deserves  great  attention),  he  has  re* 
marked  that  it  is  quite  apparent  they  had  re- 
solved not  to  petition. — ^Tneyhadcertiunly  re- 
solved not  at  that  ieason  to  petition,  and  that 
seems  tlie  utmost  which  can  be  maintained 
from  the  evidence. — But  supposing  they  had 
negatived  tlie  measure  altogetner ;  is  there  no 
way  by  which  the  people  may  actively  asso- 
ciate for  the  purposes  of  a  reform  in  parlia- 
ment, but  to  consider  of  a  petition  to  the  House 
of  Commons?  Might  they  not  le^rally  as- 
semble to  consider  the  state  of  their  liberties, 
and  the  conduct  of  their  representatives  ? — 
Might  they  not  legally  forn*  conventions  or 
meetings  (for  the  name  is  jubt  nothing)  toad- 
just  a  \nnn  of  rational  imion  for  a  wise  choice 
of  representatives  when  parliament  should  be 
dissolved  ? — IMay  not  the  people  meet  to  con- 
sider their  interests  preparatory'  to,  and  inde- 
pendently of, a  petition  forany  s|)ecific  object? 
— My  Iriend  seems  to  con^der  the  House  of 
Coinmons  as  a  substantive  and  permanent 
part  of  the  constitution  ; — he  seems  to  forget 
that  the  parliament  dies  a  natural  death ; — 
that  the  people  then  re-enter  into  their  rights* 
and  that  the  exercise  of  them  is  the  most  im- 

{)ortant  duly  that  can  belonij  to  social  man  :— 
low  are  such  duties  to  be  exercised  w  ith  effect, 
on  momentous  occasions  but  by  concert  and 
communion? — ^lay  not  the  people  assembled  in 
their  elective  districts,  resolve  to  trust  no  lon- 
ger those  by  whom  they  have  Ix  en  betrayed  ? 
ilay  they  not  resolve  to  vote  for  no  man  who 
contributed  by  his  voice  to  this  calamitous 
war,  which  has  thrown  such  grievous  and  un- 
necessary burtliens  upon  them  ?  May  they 
not  say,  **  We  will  not  vote  for  those  who 

*  Ai  the  time  of  this  trial  solicitor  to  the 
tregsuiy.  • 


\ 


925] 


for  High  Tr$ason. 


deny  wc  are  their  constituents;  not  for  those 
who  Question  our  clear  and  natural  right  to  be 
equally  represented  ?" — Since  it  is  illegal  to 
carry  up  petitions,  and  unwise  to  transact  any 
public  business  attended  by  multitudes,  be- 
cause it  tends  to  tumult  and  disorder,  may 
tliey  not,  for  that  very  reason,  <leputc,  as  they 
have  done,  the  most  trusty  of  their  societies 
to  meet  with  one  another  to  consider,  without 
the  specific  object  of  petitions,  how  they  may 
claim,  by  means  which  are  constitutional, 
their  imprescriptible  rights?  And  here  I 
must  advert  to  an  argument  employed  by  the 
attorney-general,  that  the  views  of  the  socie- 
ties towards  universal  suH'ragc,  carried  in 
themselves  (however  sought  to  be  effected) 
an  implied  force  upon  parhament : — for  that, 
apposing  by  invading  it  with  the  vast  pres- 
sure, hot  of  the  public  arm,  but  of  the  pub- 
lic sentiment  of  the  nation^  the  influence  of 
ivhich  upon  that  assembly  is  admitted  ought 
to  be  weighty,  it  could  have  prevailed  ujjon 
the  C'ommuns  to  carry  up  a  bill  to  the  king 
lor  universal  representation  and  annual  par- 
liaments, his  majesty  was  bound  to  reject 
h ;  and  could  not,  without  a  breach  of  his 
coronation  oath,  consent  to  pass  it  into  an 
act;— I  cannot  conceive  where  my  friend 
met  with  this  law,  or  what  he  can  possibly 
mean  by  asserting  that  the  king  cannot,  con- 
sistently with  his  coronation  oath^  consent 
to  any  fuw  that  can  be  stated  orimagmed,  pre- 
sented to  him  as  the  act  of  the  two  Houses  of 
parliament: —lie  could  not,  indeed,  consent 
to  a  bill  sent  up  to  him  framed  by  a  conven- 
tion of  dclcj^ates  assimung  legislative  func- 
tions ;  and  if  my  friend  could  have  proved 
that  the  societies,  sitting  as  a  parhament,  had 
sent  up  such  a  bill  to  his  majesty,  I  should 
have  thought  the  prisoner,  as  a  member  of 
such  a  parliament,  wiis  at  least  in  a  ditferent 
situation  from  that  in  which  he  stands  at  pre- 
sent: but  as  this  is  not  one  of  the  chimeras 
whose  existence  is  contended  for,  I  return  back 
to  ask,  upon  what  authority  it  is  maintained, 
tliat  universal  reprcsenUition  and  annual  par- 
liaments coiild  not  be  consented  to  by  the 
king,  in  conformity  to  the  wishes  of  thcother 
brandies  of  the  legislature  :— on  the  contrary, 
one  of  the  trcatest  mm  that  tiiis  country 
ever  siiw  C(jnsidrred  universal  representation 
to  be  such  au  inherent  part  of  the  constitution 
as  that  the  king  himself  might  grant  it  by  his 
prerogative,  even  without  the  L^rds  and  Com- 
mons ;  and  I  have  never  heard  tiie  position 
denied  ii})un  any  other  footing  than  the  union 
with  Scotland.— -Kut  he  that  as  it  may,  it  is 
enough  for  my  purpose  tlial  the  maxim,  that 
the  king  might  grant  universal  representation, 
as  a  right  beture  inherent  in  the  whole  peo- 
ple to  be  represented,  stands  upon  the  autho- 
rity of  Mr.  Ixicke,  the  man,  next  to  sir  Isaac 
Kewlon,  of  the  greatest  strcngtli  of  under- 
standing that  i:ngland,  perhaps,  ever  had  ; 
high  too  in  the  favour  of  king  William,  and  en- 
joying one  of  the  most  exalted  offices  in  the 
ftaie.-*Mr.  Locke  says,  book  2d,  ch.  13,  sect. 


A.  D.  179*.  r5J26 

157  and  158—"  Things  of  this  world  are  in  so 
constant  a  flux,  that  nothing  remains  long  iu 
the  same  state.  Thus  people,  riches,  trade, 
power,  change  their  stations,  flourishing 
mighty  cities  come  to  ruin,  and  prove,  in 
time,  neglected,  desolate  corners,  whilst  other 
unfrequented  places  grow  into  populous  conn  • 
tries,  filled  with  wealth  and  inhabitants.  But 
things  not  always  changing  equally,  and  pri- 
vate interest  often  keeping  up  customs  and 
privileges,  when  the  reasons  of  them, are  ceas- 
ed, it  of\en  comes  to  pass,  tliat  in  governments^ 
where  part  of  the  legislative  consists  of  repre- 
sentatives chosen  by  the  people,  that  in  tract 
of  time  this  representation  becomes  very  un^ 
eqval  and  disproportionate  to  the  reasons  it 
was  at  first  established  upon.  To  what  gross 
absurdities  the  following  of  custom,  whea 
reason  has  Icfl  it,  may  lead,  we  may  be  satis- 
fied, when  we  sec  the  bare  name  of  a  town,  of 
which  there  remains  not  so  much  as  the  niiny, 
where  scarce  so  much  housing  as  a  sheep- 
cote,  or  more  inhabitants  than  a  shepherd  is 
to  be  found,  sends  as  many  representatives  to 
the  grand  assembly  of  law-makers,  as  a  whole 
county,  numerous  in  people,  and  powerful  m 
riches.  This  strangers  stand  amazed  at,  and 
every  one  must  confess  needs  a  remedy." 

"  Salus  popuU  suprema  /e.r,  is  certainly  90 
just  and  fundamental  a  rule,  that  he  who. 
sincerely  follows  it,  cannot  dangerously  err. 
If,  therefore,  the  executive,  who  has  the 
power  of  convoking  the  legislative,  observing 
rather  the  true  proportion,  than  fashion  or 
representation,  regulates,  not  by  old  custom, 
but  true  reason,  the  nvmbtr  of  members  in  all 
places  that  have  a  right  to  be  distinctly 
represented,  which  no  part  of  the  people, 
however  incorporated,  can  pretend  to,  but  in 
proportion  to  the  assistance  which  it  affords 
to  the  public,  it  cannot  be  judged  to  have  set 
up  a  new  legislative,  but  to  have  restored  the 
old  and  true  one,  and  to  have  rectified  th© 
disorders  which  succession  of  time  had  insen- 
sibly, as  well  as  inevitably  introduced ;  for  it 
being  the  interest  as  well  as  intention  of  the 
people  to  liave  a  fiiir  and  equal  representathe^ 
whoever  brings  it  nearest  to  that,  is  an  un- 
doubted friend  to,  and  establisher  of  the 
government,  and  cannot  miss  the  consent 
and  approbation  of  the  community;  prcro- 
^ative  being  nothing  but  a  power,  in  the 
hands  of  the  prince,  to  provide  for  the  pulilic 
good,  in  such  cases,  which  depending  upon 
unforeseen  and  uncertain  occurrences,  certain 
and  unalterable  laws  could  not  safely  direct ; 
what*ioev«T  shall  be  done  manifestly  for  the 
good  of  the  ])eopIe,  and  the  establishing  the 
government  upon  its  true  foundations,  is,  and 
always  will  lie,  just  prerogative.  Whatsoever 
cannot  but  be  acknowledged  to  be  of  advan- 
taj;e  to  the  society,  and  people  in  general, 
u|M>nju^tand  lasting;  mcusnres,  will  always, 
whrn  done,  justify  Itself;  and  whenever  the 
people  shall  choose  their  representatives  ttp<in. 
just  and  undeniably  r4uat  tneosuTci^^  ^>icw^^. 
to  lUc  on^ma\  ii^icvt  f)^  \Vi^  ^^'tttoweoS 


987J 


35  GEORGE  III. 


cannot  be  doubted  to  be  the  %v'ill  and  act  of 
the  society,  whoever  permilted  or  caused 
tiiem  so  to  do.*' — But  as  the  very  idea  of 
universal  suffrage  seems  now  to  be  considered 
not  only  to  be  dangerous  to,  but  absolutely 
destructive  of  monarchy,  you  certainly  ought 
to  be  reminded  that  the  book  which  I  have 
been  reading,  and  which  my  friend  kindly  gives 
me  a  note  to  remind  you  of,  was  written  by 
its  immortal  author  in  defence  of  king  Wil- 
liam's title  to  the  crown ;  and  when  Dr. 
Sacheverel^  ventured  to  broach  those  doc- 
trines of  power  and  non-resistance,  which, 
under  the  same  establishments,  have  now 
become  so  unaccountably  popular;  he  was 
impeached  by  the  |>eople's  representatives 
for  denying  their  rights,  whicn  had  been 
asserted  and  established  at  the  glorious  sra 
of  the  Revolution. 

Gentlemen,  if  I  were  to  ^o  through  all  the 
matter  which  I  have  collected  upon  this 
subject,  or  which  obtrudes  it  upon  my  mind 
firom  common  reading,  in  a  thousand  direc- 
tions, my  strength  would  fail  long  before  my 
du^  was  fulfilled ;  I  had  very  little  when  I 
came  into  court,  and  I  have  abundantly  less 
already ;  I  must,  therefore,  Inanage  what 
remains  to  the  best  advantage;  and  shall 
proceed,  now,  to  take  a  view  of  such  parts  of 
the  evidence  as  appear  to  me  to  be  the  most 
material  for  the  proper  understanding  of  the 
case;  I  have  had  no  opportunity  of  consi- 
dering it,  but  in  the  interval  which  the  indul- 
gence of  the  Court,  and  your  own,  has  afforded 
me,  and  that  has  been  but  for  a  very  few 
liours  this  morning :  but  it  occurred  to  me, 
that  the  best  use  1  could  make  of  the  time 
given  to  me  was,  if  possible,  to  disembroil 
tliis  chaos ;  to  throw  out  ot"  view  every  thing 
irrelevant,  which  only  tended  to  bring  chaos 
back  again — to  take  what  remained  in  order 
of  lime — to  select  certain  stages  and  resting 
places — to  review  llio  effect  of  the  transac- 
tions, as  brought  before  us,  and  then  to  sec 
how  the  written  evidenci^  is  explained  by  the 
testimony  of  tlie  witnesses  wiio  have  been 
examined. 

The  origin  of  the  Constitutional  Society  not 
hayine  b^n  laid  in  evidence  before  you,  the 
diief  uiingboth  in  point  uf  date,  and  as  apply- 
ing to  show  the  objects  of  the  different  bodies 
is  the  original  address  and  resolution  of  the 
Corresponding  Society  on  its  institution,  and  \ 
when  it  first  uegau  to  correspond  with  the  j 
other,  which  had  formerly  ranked  amongst  • 
its  members  so  many  illustrious  persons ;  and  > 
before  we  look  to  the  matter  of  this  institu- 
tion»  let  us  recollect  that  the  objects  of  it 
were  j^ven  without  reserve  to  the  public,  as 
coatauking  the  principles  of  the  association ; 
and  I  may  begin  with  demanding,  whether 
the  annals  of  this  country,  or  indeed  the  uni* 
^rsal  history  of  mankioa.  afford  ao Jsitaiifir 
-4ra  pbtaad  conspiracy  volimtanly  fini 
in  its  vttj  infanqr  to 


Tml  of  Thomai  Hardy  [99& 

whole  public,  and  of  which,  to  avoid  the  verY 
thinv  that  has  happened,  the  arraijgnraent  of. 
conouct  at  a  future  period,  and  the  imputation 
of  secrecy  where  no  secret  was  intended,  a 
regular  notice  by  letter  was  left  with  the 
secretary  of  state,  and  a  receipt  taken  at  the 
public  office,  as  a  proof  of  tne  publicity  of 
their  proceedinj^,  and  the  sense  they  enter- 
tainea  of  their  innocence.  For  the  views  and 
objects  of  the  society,  we  must  look  to  the 
institution  itself,  which  you  are,  indeed,  de- 
sired to  look  at  by  the  crown ;  for  their  iu- 
tentions  are  not  considered  as  deceptions  in 
this  instance,  but  as  plainly  reveal(»i  by  the 
very  writing  itself. 

Gentlemen,  there  was  a  sort  of  silence  in 
the  Court — I  do  not  say  an  affected  one,  for  I 
mean  no  possible  offence  to  any  one,  b«it  there 
seemed  to  be  an  effect  expected  from  begin- 
ning, not  with  the  address  itself,  but  with  the 
very  bold  motto  to  it,  though  in  verse : 
**  Unblest  by  virtue,  government  a  league 
**  Becomes,  a  circling  junto  of  the  great 
**  To  rob  by  law;  religion  mild,  a  yoke 
"  To  tame  the  stooping  soul,  a  trick  of  state 
"  To  mask  their  rapine,  and  to  share  the  prey. 
*'  Without  it,  what  are  senates,  but  a  face 
"  Of  consultation  deep  and  reason  free, 
**  W  hile  the  detcrmin'a  voice  and  heart  arc  sold  ? 
"  W  hat,  boasted  freedom,  but  a  sounding  name  ? 
'*  And  what  election,  but  a  market  vile, 
"Of  slaves  self.barter*d?" 

I  almost  fancy  1  heard  them  say  to  me. 
What  think  you  of  that  to  set  out  with  ? — 
Show  me  the  parallel  of  that. — Gentlemen,  I 
am  sorry,  for  the  credit  of  the  age  we  live  in, 
to  answer,  that  it  is  dirticuli  to  find  tlie 
parallel ;  because  the  age  affords  no  such  poet 
as  he  who  wrote  it :— these  are  the  words 
of  Thomson  : — and  it  is  under  the  banners  olt 
his  proverbial  benevolence,  that  these  men 
are  supposed  to  be  engaging  in  plans  of 
anarchy  and  murder;  under  the  banners  of 
that  great  and  ^ood  man,  whose  figure  you 
may  still  see  m  the  veneruble  shades  of 
Ila^ley,  placed  there  by  the  virtuous,  accom- 
plished, and  public -spirited  Lyttcltun  :— the 
very  poem  too,  written  under  the  auspices  of 
his  majesty's  royal  father,  when  heir-  apparent 
to  the  crown  of  Great  Hrilain,  nay,  within  the 
very  walls  of  Carlton-house,  which  afforded  an 
asylum  to  matchless  worth  and  genius  in  th» 
person  of  this  great  poet :  it  was  under  the 
roof  of  A  Prince  of  Walfs  that  the  poem  of 
LiiiLRTY  was  written ;  and  what  better  return 
could  be  given  to  a  prince  for  his  protection^ 
than  to  blazon,  in  immortal  numbers,  the  only 
sure  title  to  the  crown  he  was  to  wear— th« 

FaEEDOK  OF  THB  PEOPLE  OF   Grp.AT  BRITAlMf 

And  it  is  to  be  auumcd^  foraoolh,  in  the  yetr 
17M.  that  the  unroKbMiate  ptifloner  befm  jw 


«SeeJustBU,0itf2.ViQL 


929] 


for  High  Treason, 


A.  D-  17M. 


1990 


men  are  preparing  at  this  moment  (mav  my 
name  descend  amongst  them  to  the  latest 
posterity!)  to  do  honour  to  his  immortal 
memory.  Pardon  me,  gentlemen,  for  this 
desultory  digression. — I  must  express  myself 
as  the  current  of  my  mind  will  carry  me. 

If  we  look  at  the  whole  of  the  mstitution 
itself,  it  exactly  corresponds  with  the  plan  of 
the  duke  of  Uichmond,  as  expressed  in  the 
letters  to  colonel  Shamian,  and  to  the  high 
sheriff  of  Sussex :  this  plan  they  propose  to 
follow,  in  a  public  address  to  the  nation,  and 
all  their  resolutions  are  framed  for  its  accom- 
plishment; and  I  desire  to  know  in  what 
they  have  departed  from  either,  and  what 
they  have  done  which  has  not  been  done  be- 
fore, without  blame  or  censure,  in  the  pursu- 
ance of  the  same  object.    I  am  not  speaking 
of  the  libels  they  may  have  written,  which  the 
law  is  open  to  punish,  but  what  part  of  their 
conduct  has,  as  applicable  to  the  subject  in 
question,  been  unprecedented.  —  I  have,  at 
t  liis  moment,  in  my  eye,  an  honourable  friend 
of  mine,  and  a  distinguished  member  of  the 
Ifouse  of  Commons,  who,  in  my  own  remem- 
brance, I  believe  in  17 BO,  sat  publicly  at 
Gtiildhall,  with  many  others,  some  of  Uiem 
magistrates  of  the  cily,  as  a  convention  of 
delegates,  for  the  same  objects  ;*  and  what  is 
still  more  iu  point,  just  before  the  convention 
began  to  meet  at  Edinburgh,  whose  proceed- 
ings have  been  so  much  relied  on,  there  was  a 
convention  regularly  assembled,  attended  by 
the  delegates  from  all  the  counties  of  Scotland, 
for  the  express  and  avowed  purpose  of  alter- 
ing the  constitution  of  parliament ;  not  by 
rebellion,  but  by  the  same  means  employed 
by  the  prisoner: — tlie  lord  chief  baron  of 
Scotland  sat  in  the  chair,  and  was  assisted  by 
some  of  the  first  men  in  that  f:ounlry,  and, 
amongst  others,  by  an  honourable  person  to 
whom  I  am  nearly  allied,  who  is  at  the  very 
heafl  of  the  bar  in  Scotland,  and  most  avowedly 
attached  to  the  law  and  the  constitution.-)* 
These    gentlemen,    whose   good    intentions 
never  (ieli  into   suspicion,  had   presented  a 
petition  fur  the  alteration  of  election  laws,  I 
which  the  House  of  Commons  had  rejected, 
and  on  the  spur  uf  that  very  rejection  they 
met  in  a  Convention  at  Edinburgh  in  1793 ; 
and  the  style  or'  their  first  meeting  was,  "  A 
Convention  of  Delegates,  chosen  from  the 
counties  of  Scotland, ^or  Altering  and  Amend' 
ing  the  Laws  concerning  Elect ion%" — not  for 


resolution,  as  I  have  read  it  to  you,  was 
brought  up  to  London,  and  delivered  to  the 
editor  of  the  Morning  Chronicle  by  sir  Thomas 
Dundas,  lately  created  a  peer  of  Great  Britain, 
and  paid  for  by  him  as  a  public  advertisement. 
Now,  suppose  any  man  had  imputed  treason 
or  sedition  to  these  honordble  jiersons,  what 
would  have  been  the  consequence?  They 
would  have  been  considered  as  infamous 
libellers  and  traducers,  and  deservedly  hooted 
out  of  civilized  life : — why  then  arc  difl^crent 
constructions  to  be  put  upon  similar  transac* 
tions  .^— Why  is  every  thing  to  be  held  up  as 
bond  fide  when  the  example  is  set,  and  maid 
Jide  when  it  is  followed  ?— Whv  have  I  not  as 
good  a  claim  to  take  credit  for  lionest  purpose 
m  the  poor  man  I  am  defending,  against 
whom  not  a  contumelious  expression  has 
been  proved,  as  when  we  find  the  same  ex- 
pressions in  the  mouths  of  the  duke  of  Rich- 
mond or  Mr.  Burke  ?— I  ask  nothing  more 
fi-om  this  observation,  than  that  a  sober  judg- 
ment may  be  pronounced  from  the  qiiaiityof 
the  acls  which  can  be  fairly  eslablished ;  each 
individual  standing  responsible  only  for  his 
own  conduct,  instead  of  having  our  Imagina- 
tions tainted  with  cant  phra?ies,  sfnd  a  farrago 
of  writings  and  speeches,  for  which  the  pn- 
soneris  not  responsible,  and  for  which  the 
authors,  if  they  be  criminal,  arc  liable  to  be 
brought  to  justice. 

But  it  will  be  said,  gentlemen,  that  all  the 
constitutional  privileges  of  the  people  are  con- 
ceded ;  that  tneir  existence  was  never  denied 
or  invaded ;  and  that  their  right  to  petition 
and  to  meet  for  the  expression  of  their  com- 
plaints, founded  or  unfounded,  was  never 
called  in  question  ;  these,  it  will  be  said,  arc 
the  rights  of  subjects ;  but  that  the  *'  rights  of 
man"  are  what  alarms  them :  every  one  is 
considered  as  a  traitor  who  talks  about  the 
"  rights  of  man ;"  but  this  bugbear  sUinds 
upon  the  same  pcr\'ersion  with  its  fellows. 

The  rights  of  man  are  the  foundation  of  all 
government,  and  to  secure  them  is  the  only 
reason  of  men*s  submitting  to  be  governed ; — 
it  shall  not  be  fiistcned  upon  the  unfortunate 
prisoner  at  the  bar,  nor  upon  any  other  man, 
that  because  these  natural  rights  were  asserted 
in  France,  by  the  destruction  of  a  government 
which  oppressed  and  subverted  them,  a  pro- 
cess happily  effected  here  by  slow  and  imper- 
ceptible improvements,  that  therefore  they 
can  only  be  so  asserted  in  England,  where  the 


considering  how  they  might  be  best  amended  i  govcnimcnt,  through  a  gradation  of  improvc- 


— not  for  petitioning  parliament  to  amend 
them;  but  for  altermg  and  amending  the 
election  laws. — These  meetings  were  regidarly 
published,  and  I  will  prove,  that  their  first 

•  Alluding,  we  believe,  to  Mr.  Fox.  Editor 
of  Erskine's  Speeches.' 

f  The  late  lion.  Henry  Erskine,  Mr.  Krs- 
kine*8  brother,  who  was  then  Dean  of  the 
Faculty  of  Advocates,  at  Edinburgh,  and  who 
twice  taeld  the  office  of  Lord  Advocate  of 
Scotland. 

VOX*.  XXIV. 


ment,  is  well  calculated  to  protect  them.    We 

i  are,  fortunately,  not  driven  in  tliis  country  to 

I  the  terrible  alternatives  which  were  the  un- 

!  happy  lot  of  France,  because  wc  have  had  a 

I  happier  destiny  in  the  forms  of  a  free  consti- 

tutKm ;  this,  indeed,  is  the  express  langirage 

of  many  of  the  papers  before  you,  that  have 

been    complained    of;    particularly  in   one 

alluded  to  by  the  Attorney  General,  as  having 

been  written  by  a  gentleman  with  whom  I 

am  particularly  acquainted;  and  thoug;h  m 

that  spirited  composition  there  are,  perhaps, 

S  O 


931] 


35  GEORGE  UI. 


Trial  qfThonuu  Hardy 


[BS9 


soHie  expressions  proceeding  from  warmth 
which  he  may  not  desire  me  critically  lo 
justify,  yet  I  will  vcmure  to  affirm,  from  my 
own  personal  knowledge,  that  there  is  not  a 
pnan  in  Court  more  nonestly  public-spiriled 
and  zealously  devoted  to  the  constitution  of 
King,  Lords,  and  Commons,  than  the  honour- 
able gentleman  I  allude  to  (Felix  Vaughan, 
esq.   Darribler  at  law*).     It  is  the  phrase, 
therefore,  and  not  the  sentiment  expressed  by 
it,  that  can  alone  give  justifiable  onence ; — it 
18,  it  seems,  a  new  pnrase commencing  in  revo- 
lutions, and  never  used  before  in  discussing 
the  rii^hts  of  British  subjects,  and  therefore 
can  only  be  apphcd  in  the  sense  of  those  who 
framed  it ; — but  this  is  so  far  from  being  the 
truth,   that    the  very  phrase  sticks  in  my 
memory,  from  the  repeated  application  of  it  to 
the  rights  of  subjects,  under  this  and  every 
other  establishment,  by  a  gentleman  whom 
you  will  not  suspect  of  using  it  in  any  other 
sense.   The  rights  of  man  were  considered  by 
Mr.  Burke,  at  the  time  that  the  great  )iproar 
was  made  upon  a  supposed  invasion  of  the 
East  India  Company  s  charter,    to  be    the 
foundation  of,  and  paramount  to  all,  the  laws 
aud  ordinances  of  a  state : — the  ministry,  you 
mav  remember,  were  turned  out  for  Mr.  Fox's 
India  Bill,  which  their  opponents  termed  an 
attack  upon  the  chartcrea  rights  of  man,  or, 
in  other  words,  upon  the  abuses  supported  by 
a  monopoly  in  trade.    Hear  the  sentiments  of 
Mr.    Burke,   when    the    NATURAL    and 
CHARTERED  rishts  of  men  arc  brought 
into  contest.    Mr.  Burke,  in  his  speech  in  the 
House  of  Commons,  expressed  himself  thus : 
•*  The  first  objection  is,  that  the  bill  is  an  at- 
tack on  the  chartered  rights  of  men.     As  to 
this  objection,  I  must  observe  tliat  the  phrase 
of  *  the  chartered  rights  of  mcn^    is  full  of 
affect^Ltion ;  and  very  unusual  in  the  discussion 
of  privileges  conferred    by  charters  uf  the 
present  description.     But  it  is  nut  diilicult  to 
discover  what  end  that  ambiguous  mode  of 
expression,  so  often  reiterated,  is  meant  to 
answer. 

**  The  rights  of  w<?w,  that  is  to  say,  the 
natural  rights  of  mankind,  are  indeed  sacred 
thincs ;  and  if  any  public  measure  is  proved 
miscnievously  to  aflect  them,  the  objection 
ought  to  be  fatal  to  that  measure,  even  if  no 
charter  at  all  could  be  set  up  against  it. — And 
if  these  natural  rights  are  farther  affirmed  and 
declared  by  express  convenants,  clearly  defi- 
ned and  secured  against  chicane,  power,  and 
authority,  by  written  instruments  and  positive 
engagements,  they  are  in  a  still  better  condi- 
tion ;  they  then  partake  not  only  of  the  sanc- 
tity of  the  object  so  secured,  but  of  that 
solemn  public  faith  itself,  which  secures  an 
object    of   such    importance.     Indeed,    tliis 

*  Assistant'CounscUothe  prisoners:  a  young 
man  of  great  abilities*  aud  promise  in  his  pro- 
fession. He  died  fioon  afterwards.  Editor  of 
''Erakine's  Speeches/  See  the  note,  antl,  p. 
«l0.  . 


formal  recognition,  by  the  soTereign  power, 
of  an  original  right  in  the  subject,  can  never 
be  subverted,  but  by  rooting  up  the  holding 
radical  principles  of  government,  and  even  of 
society  itself."* 

The  Duke  of  Richmond  also,  in  his  public 
letter  to  the  High  Sherifl*of  Sussex,  rests  the 
rights  of  the  people  of  England  upon  the 
same  horrible  and  damnable  principle  ef  the 
rights  of  man. — ^Let  gentlemen,  therefore,  take 
care  they  do  not  pull  down  the  very  authority 
which  they  come  here  to  support ;— let  them 
remember,    that   his  Majesty's  family  was 
called  to  the  Throne  upon  the  very  principle, 
that  the  ancient  Kings  of  this  country  had 
violated  those  sacred  trusts ; — let  them  reool- 
lect  too  in  what  the  violation  was  charged  \B 
exist ; — it  was  charged  by  the  Bill  of  nights 
to  exist  in  cruel  and  infamous  trials ;  in  the 
packing  of  juries;  and  in  disarming  the  people, 
whose    arms   are   their   unalienable    refuge 
against  oppression. — But  did  the  people  of 
England  assemble  to  make  this  declaration? 
— ^No! — because  it  was   unnecessary. — The 
sense  of  the  people,  against  a  corrupt  and 
scandalous  government,  dissolved  it,  by  almost 
the  ordinary  forms  by  which  the  old  govern* 
ment  itself  was  administered. — King  William 
sent  his  writs  to  those  who  had  sat   in  the 
former  Parliament :  but  will  any  man,  there* 
fore,  tell  me,  that  that  Parliament  rcorgauiied 
the  government  without  the  will  of  the  people? 
and  that  it  was  not  their  consent  which  en- 
tailed on  King  William  a  particular  inheritance, 
to  be  enjoyed  under  the  dominion  of  the  law? 
Gentlemen,  it  was  the  denial  of  these  princi- 
ples, asserted  at  tlie  revolution  in  England, 
that  brought  forward  the  author  of  the  Rights 
of  Man,  and  stirred  up  this  controversy  which 
has  given  such  alarm  to  Government: — but 
for  this  the  literary  labours  of  Mr.  Paine  had 
dosed. — He  asserts  it  himself  in  his  book, 
and  every  body  knows  it. — It  was  not  the 
French  revolution,  but  Mr,  Burke's  Rfftee- 
tions  upon  it,  followed  up  by  another  work  OD 
the  same  subject,  as  it  regarded  things  in  Eng" 
landf  which  brought  forward  Mr.  Paine,  and 
which  rendered  his  works  so  much  the  object 
of  attention  in  this    country. — Mr.    Burke 
denied  positively  the  very   foundation  upon 
which  the  revolution  of  1688  must  stand  for 
its  support,  viz.  the  right  of  the  people  to 
change  their  government ;  and  he  asserted,  ia 
the  teeth  of  His  Majesty's  title  to  the  Crown, 
that  no  such  right  in  the  people  existed ;•' 
this  is  the  true  history  of  the  Second  Part  uf 
the  IlighU  of  Man.— The  First  Part  had  liitlo 
more  aspect  to  this  country  than  to  Japan  ;— 
it  asserted  the  right  of  the  people  of  France 
to  act  as  thev  had  acted,  but  there  was  litdt 
which  pointed  to  it  as  an  example  for  FjBg- 
land. — ^There  had  been  a  despotic  authority 
ui  France  which  the  people  had  thrown  down, 
and  Mr.  Burke  seemed  to  question  their  r^ 

«  See  the  New  Parliamentary  History,  Vol 
03,  p.  1315. 


935] 


Jhr  High  Trmsm* 


1(0  do  so : — Mr*  Paine  ramntnincd  the  conlmry 

Ifl  VilH  JitiHwrr  -  :iiiil  huvinr"  itnhihrtl  \\\C  OrillC!- 

p]<  during  the 

Ar  with  the  con- 

li'-  ni  tla^^b  rcmurks  \i\mw 

nx  <  /I,  i>\t:n  ia  Enij;l:HiiJ,  or 

in  .  ^  ui.—  biil  this  was  collatcrai 

to  L  I  of  his  wurk,  which  w;is  to 

mauiUia  liic  n^ht  of  liic  {teofilc  to  choose 

their  {;overnmcnt; — this  was  the  right  which 

und  the  lisscTlion  of  it  was 

to  many  who  were  most 

juiniMY  iiuitiied  to  the  EngUsh  govern- 

t;  since  uicn  may  assert  the  right  of 

y   i^eople    to    clioose    I  heir  government 

witliout  hct-king  to  destroy  their  own.     This 

iccounls'iuf  mimy  expressions  imputed  tcj  ihe 

unfortnacitc  prisoners,   which  I   have    often 

uttereii  myseli^  and  i>iiall  continue  to  utter 

every  day  ui  my  lite,  and  call  upon  the  spies 

of  goverumeDt  to  record  them  \ — I  wnx  say 

AUT  wnriiE^  wiTUOtiT  ruAii,  nav,  I  will  say 

mjb^    WMEIIE    1    STAISD*    THAT  AN  ATT r MPT  TO 

mTULfUliE,     BT     iJEaPOIlC    C014BII>JAT10M     AND 

▼  lOlJEVeB,    WITH    AJIY    COVERKM£NT    WllJClI   A 

kjBHP^  ^^^^^^  '^^  OIVC  TO  TOEUSELVLS,    WUE- 

■IBPI^    ^^   ^^^^  0I\  ICVrt,    IS  AN  Ol'FllESSrOK 

^    ^ft'^nVFR^^ION    OF    THE    KATUttAL   AND  UN- 

AUZVADLt  AlGllTS  OF  MAH  ;    AVO  TnOt^Ofl  THE 

OQYmiUMCKT   OF  TIIIS  COUNTRY  SDOUI^D  COUN^ 

TSSASCCII  St?Ca  A  &Yi»Tr.»f,    it  WOULU  HOT  OSLT 

Ifi  »TILL  LCfVAL  FOR  ME  TO  EXPRESS  MY  DETES- 

TATiryn  op  rr^  as  I  heae  dkijberatiily  ex- 

VmSW  If,    WJT  IT  WOULD  IltCOME  MY  INTEREST 

Aim  MT  DUTY*     For,    if  comhikations  of 

J>fitfOTl&)l  CAW  ACCOMPLISH  SUCJI  A  PtrRPOSE, 
mUl  tlHAtt*  TELL  ME^  WHAT  OTHER  K  ATI  UN 
aiALL    SOT    »F  THP  PRFY  OFTHFTW  AMBITION  ? 

<*4Jpcia  lh«  rig  to  a 

l^file  the  r  \ '^s,  how 

an  itlcmpi 

I J  lit  upon 

ia>f  ^  '1  Ml, Hi  iijcfe  be  for 

fVWtui  which  are  not,  tt 

^^pen^,  h  arc  unalternhly 

^^B^Kis^  —The  very  »rgum«.'Qt  striken, 

^^Bwith        ,     \t  the  arm  :itkI  viLnuir  of  the 
nalioD.-*^i  hold  dear  the  im  im  con- 

tending: fur»  not  as  privilr-  '    to  the 

c;'  ,  but  as  necessary  for  jl>  prescrva- 

L  if  thf  French  wor*  to  intrude  by 

f^v.  lit  of  our  own  free 

cL  .  papers,  and  return 

to  ix  Dn^loiion  that,  ptrliaps,  I  belter  uadcr- 
ttanil. 

T"^    7     ^       '  '    '         '      thcin^iti' 

li  1^  a  letter 

1*  M.m  N«'i  V  ihe  nth 

j«r  i^withth  :it(!d  the 

GOtre* 

mt&\  in- 


U  wibk  lUipui^Uk  tux  wo;d& 


A.  D.  179*.  imi' 

to  convey  more  clmirly  the  explicit  avowal  of 

ifiHir  .»ri   in  ,i  i.l.ii  Uir  .  ' 'lustttulional  reform 
I  This  letter  from 

^  ildting  the  Corres- 
ponding Society  on  its  institution,  asks 
several  qucsiions  arising  out  of  the  proceed- 
ings of  other  societies  in  difYcrcnt  paJtb  uf  the 
kingdom,  \vhich  tlicy  profess  nut  thoroughlj 
to  understand. 

The  HhelTield  people  (they  observe)  seemed 
uL  '  icrmined  to  support  the  Duke  of 

Is  plan  only*  but  that  they  ha«l 
^  I  ved  a  disposition  in  them  to 
Ji^  plan  of  reform  proposed  by 
u.,,  i  .T-i.-i^  ^.,  ihe  People  in  London  ;  whiKt 
the  Manchester  people,  by  addressing  Mr, 
Paine  (whom  the  Norwich  people  li  •<!  imt 
addre^^sed)  seemed  to  lie  mtenl  tjw  n  i 

principles  only ;  they  therefore  put  .i  >  ^  ^ 

not  at  all  of  distrust,  or  suspicion,  but  hon^ 
fidc^  if  ever  there  was  good  faith  between  men, 
whether  the  Corresponding  Society  meant  to 
be  satisSed  with  the  plan  of  ttie  Duke  of 
Kichn^ond  ?  or,  whether  it  was  their  private 
design  to  rip  up  monarchy  by  thi;  roots  *in(l 
plate  democracy  in  its  stead  f  ^  '  t  tht-^ 
answer,  from  whence  it  is  in  '  *Ai», 

Imt  it  their  intention  :  theybc^in  u^  n  ^msw 
with  recapilulalmg  tlic  demand  of  their  tor- 
respondent,  an  vegularly  as  a  tr  w^,.,!  in 
has  had  an  onler  for  good.s,  rr-  the  < 

order  that  there  may  be  no  arn  ^  ik  th 

rcfcieDce  or  upplicalion  of  the  reply,  and  i\m 
Ihey  say  as  to  ihe  objects  ihey  have  in  viei 
thcv  refer  them  to  tlicir  atldrcsses,    **  Vol 
will  thereby  see  that  they  mean  to  dis^cininat 
political  knowledge,  and  therel>y  engage  th«i 
judicious  part  of  the  nation  to  demand  tlit 
iiECovEUY   of  their    lo-^t    rights   in    asnia 
Parliaments;    the  meinhcrs  of  these  Par 
ments  owing  their  election  to  uabvi    V 
frages." — ^Tncy  then  desire  them  t'»  I 

to  avoid  all  dispute,  and  say  to  Iheui,  i  .. 
narchy,  democracy,  and  even  religion,  «|uii 
aside;    and  •*  \ '-^  ^'■"'  -endeavours  goto  ii    , 
create  the  nui:  se  who  dciire  a  full 

and  equal  rei*'  i  of  the  people,  and 

leave  to  a  Parliament,  so  chosen,  to  reform 
all  existing  abuses;  and  if  thcv  don't an^swer, 
at  the  year**  end  you  n  others  lO 

their   fitead.'*    Thu  All'  i  *  ral    aayS| 

this  is  lamely  expressed,--!,  ou  the  other 
hand,  say,  that  it  is  not  only  not  Ifttiidly 
expressed,  but  '  "    vn  orded  to  ]  d 

to  dangerous  >i  ^-Leavc  4 

undiscussed  ;—uu  ti'.  i  ^  >  .'pi' v  vr,ur-i  ^<  -  ■.\  >  ii 
abislract  que^^tions   ui    ;,„\,'i  MMirtii  ;     Mul.-fc- 

— and  if  ! 

\ir\na  on  *i  :.  ,...-.. 

\QU  stead,    lb' 

H^    which    lay    i  ,.«»- , 

dent,  which  address  cxprciscs  ilftclf  tlmn  j 
**  Ltiyiug   aside  all  claim   to  origmahly,    we 

u  no  other  incril  than  that  of  re>consi» 

II g  and  vciifyin^  wtuv  Vvtssv  ^Xit^^'s  \scfcsi 
ur^cd  m  out  cjdvtmou  c;voc»  V>t  >te  \>iM* 

X 


D351 


35  GEORGE  UI. 


[996 


of  Richmond  and  Mr.  Pitt,  and  their  then 
honest  party." 

When  the  language  of  the  letter,  which  is 
branded  as  ambiguous,  thus  stares  them  in 
the  fdcc  as  an  undeniable  answer  to  the 
charge,  ihey  then  have  recourse  to  the  old 
refugt  uiiiialafidei ;  all  this  they  say  is  but  a 
cover  for  hidden  treason; — but  I  ask  you, 
Gcnllcmcn,  in  the  name  of  God,  and  as  fair 
and  honest  men,  what  reason  upon  earth 
there  is  to  suppose,  that  the  writers  of  this 
letter  did  not  mean  what  they  expressed? 
Are  you  to  presume  in  a  Court  of  Justice,  and 
upon  a  trial  for  life,  that  men  write  with  du- 
plicity in  tlieir  most  conBdential  currespon- 
deuci',  even  to  those  with  whom  tiiey  arc 
confederated? — Let  it  be  recollected  also,  that 
if  this  correspondenre  was  calculated  for  de- 
ception, tlic  deception  must  have  been  under- 
stood and  a<^recd  upon  hyall  parties  concerned; 
for  otherwise  you  have  a  conspiracy  amongst 
persons  wlio  are  at  cross  purposes  with  one 
another:  consequently  the  conspiracy,  if  this 
be  a  branch  ol  it,  is  a  conspiracy  of  thou- 
sands and  ten  thousands,  from  one  end  of 
the  kingdom  to  the  other,  who  arc  all  guilty^ 
if  any  of  the  Prisoners  are  guilty : — upwards 
of  forty  thousand  uersons,  upon  the  lowest 
calculation,  must  alike  be  liable  to  the  pains 
and  penalties  of  the  law,  and  hold  their  lives 
as  tenants  at  will  of  the  Ministers  of  the 
Crown. — In  wlialevcr  aspect,  tlierefore,  this 
prosecution  is  regarded,  new  diHicuhies  and 
new  uncertainties  and  terrors  surround  it. 

The  next  thing  in  order  which  we  have  to 
look  at,  is  the  (.'onvention  at  Edinburjjh  — It 
appears  that  a  letter  luul  been  written  Xy  Mr. 
Skirving,  who  was  connected  with  reformers 
in  Scolfiuid  proceeding  avowedly  u]>ou  the 
duke  of  Richmond's  plan,  proposing  that 
there  should  be  a  convention  from  the  socie- 
ties assemblwi  at  I'Alinhnrgh : — now  you  will 
recollect,  in  the  opening,  that  the  attorney 
general  considered  all  the  great  original  sin 
of  this  conspiracy  and  treason  to  liavc  orin;i. 
nated  willi  the  societies  in  London— that  the 
country  societies  were  only  tools  in  their 
hands,  and  that  the  Edinbuigh  convention 
was  the  commencement  of  their  projects; 
and  yet  it  plainly  appears  that  tliis  convention 
originated  I'rom  neitherof  tlie  London  societies, 
but  had  its  beginning  at  Edinburgh,  where, 
)ust  before,  a  convention  had  been  sitting  for 
the  rcturin  in  parliament,  attended  by  the 
principal  persons  in  i^cotland ;  and  surely, 
without  adverting  to  the  nationahty  so  pe- 
culiar to  the  people  of  that  country,  it  is  not 
at  all  suspicious,  that,  since  they  were  to 
hold  a  meeting  for  similar  objects,  they  should 
inake  use  of  tJie  same  style  for  their  associa- 
tion ;  and  that  their  deputies  should  be  called 
delegates,  when  delegates  had  attended  the 
other  convention  from  all  the  coimlics,  and 
whom  they  were  e\-cry  day  looking  at  in  their 
Btreetsi,  in  the  course  of  the  very  same  year 
that  Skirving  wrote  his  letter  on  the  subject. 
The  viewB  of  lite  Corraspoiiding  Society,  as 


Tri4d  of  Thamoi  Hardy 

they  regarded   this  convention,  and 
I  qiiently  the  views  of  the  prisoner,  must  be 
collected  from  the  wriUen  instructions  to  the 
delegates,   unless   they  can   be  falsified  by 
matter  which  is  colhiteral.— If  I  constitute  an 
.  agent,  I  am  l)ound  by  what  he  does,  but 
,  always  with  this  limitation,  for  what  he  does 
within  the  scope  of  his  agency  : — If  I  constitute 
an  agent  to  buy  horses  for  me,  and  he  com- 
mits high   treason,  it  will  not,  I  hope,  bo 
argued  Siat  I  am  to  be  hanged. — If  I  consti- 
tute an  aeent  for  any  business  that  can  be 
stated,  and  he  goes  beyond  his  instructions, 
he  must  answer  for  himself  beyond  ihmt  li- 
mits ;    for  beyond  them  he  is  not  my  repi»* 
sentative.^Tbe  acts  done,  tberetbre^  at  the 
Scotch  convention,  whatever  may  be  their 
quality,  are  evidence  to  show,  that,  in  point 
of  fact,  a  certain  number  of  people  got  to- 
gether, and  did  any  thing  you  chouse  to  call 
illegal ;  but,  as  far  as  it  concerns  me,  if  I  am 
not  present,  you  are  limited  by  my  instructions 
and  have  not  advanced  a  single  step  upon 
your  journey  to  convict  me :  the  instructions 
to  Skirving  have  been  read,  and  speaicfor 
themselves ;  they  are  strictly  legal,  and  por^ 
sue  the  avowed  object  of  the  society ;   and  it 
will  be  for  the  solicitor  general  to  point  ob^ 
in  his  reply,  any  counter  or  secret  instruc- 
tions, or  any  collateral  conduct,  contradictsiy 
of  the    g(Kid   faitli  with  which  they  were 
written.    The  instructions  are  in  these  wocds 
-*"  The  delegates  are  instmcted,  on  the  part 
of  this  society,  to  assist  in  bringing  forward 
and  supporting  any  conMutiofiai  measure  for 
procuring  a  real  representation  of  the  Com- 
mons of  Great  Britain  '*    What  do  you  say, 
gentlemen,  to  this  language ?~how  are  men 
to  express  themselves  who  desire  a  cunstitu- 
tiunai  reform  :*    The  object  and  the  mode  of 
effecting  it  were  equally  legal— this  is  most 
obvious  from  the  conduct  of  i\\^  parliament 
of  Ireland,  acting  under  directions  from  Eng- 
land;   they  passed  the  convention  bill,  and 
made  it  only  a  misdemeanor,  knowing  that, 
by  the  law  as  it  stood,  it  was  no  misdemeanor 
at  all. — NVhethcr  this  statement  may  meet 
with  the  approbation  of  others,  I  care  not;  1 
know  the  fact  to  be  so,  and  I  maintain  that 
you  cannot  prove  upon  the  convention  which 
met  at  Edinburgh,  and  which  is  charged  to- 
day with  hidi  treason,  one  thousandth  part 
of  what,  at  last,  worked  up  government  in 
Ireland   to  the  pitch  of  voting  it  a  misde- 
meanor. 

(>cntleinen,  I  am  not  vindicating  any  thipz 
that  can  promote  disorder  in  the  country,  bntl 
am  maintaining  that  the  worst  possible  disorder 
that  can  fall  u|)on  a  country  is,  when  subjects 
are  deprived  of  tlic  sanction  of  clear  and  unam* 
biguous  laws. — If  wrong  is  committed,  let 
punishment  follow  according  to  the  measure 
of  that  wrong!  —  if  men  are  turbulent,  let 
them  be  visited  by  the  laws  according  to  the 
measure  of  their  turbulency  :^f  they  write 
libels  upon  government,  let  them  be  punished 
according  to  the  quality  of  those  libels :  but 


987] 

lijc  hic  ui  the 
bccdu??^   the   fr 


'St 


J^r  Higk  Treason, 

hit  becauac  the 
nn  impoitaiU  ^ 

iirid  the  luitureiiiid 
.^1  p  run  on  IRC  I  hat 

plc  hJive 

ll^  j^i\e   ■-.ti-unly  lo  govern- 
most  sacred  Jaw**  ir, 
[1,  and  which  are*  in 
n  lor  our       ^      *"';-;  i>t  •«'* 
—If  the  I  1   of  th<? 

»  --»  conduct 

'    be  np- 
t»-r  the 
tic- 

ision  of 


A.  a  I79i* 


[938 


Jaw  lii 

ytfOTare  to  ; 

latofttioiir  t'  I  cnis  epi- 

thets, iKjfr  overwhelmed  m  un  u«di»tioguk»»h- 
Skblt  mith»  uf  nmlter,  iu  which  you  may  be 
loM  Atid  bewildered »  having  missed  the  only 
p«ft4  whirh  could  have  fijmishcd  a  clue  to 
a  ''.  '    ■     .1. 

!<>  regard  fot  the  h* 
kwriy   or   iftr    ki 
tfwtton,  is  well 

n'  .  antf  for 

iiAo-  I j.t^  ^->  -u>..;j..M^*.v  ...J.  who  had 

IIm  wiftdom  to  know  thai  the  great  end  of 

flfOVii'MinK'nt  in  ;•]!  ii-^  rnrm*.- U  th(^  ^-rr jirttv  nf 
fil  Of 

iurd  CieorL  i  created^  felt 

»t  iihi^acmiii  ^  txckimed^as 

wt*  ItAfij  lioiii  Mr.  Yiojjwdi,  "  I  hate  lord  G. 
Gordon,  btil  !  am  glad  he  was  nut  coitvit  tfd 
ol' t^iis  cojmtruclive  treason  ;  forthon^ii  I  li 
kim,  I  It.ve  my  cuutiiry  atid   n»vseh  ** — 1 
t:.i         ■  .,in,    no   dn  i  a 

*-  liJt  when   '  I  en 

lit 

if 


V^ 


iit^U 


is>fd  Giorgt  Gc»rdo&«nl^  Vol. 


1  »t»pfnrt  nf  ihif  mdtrtmtol  tb*  cvi- 


rely  Jt  15  au  awful  summons  to 
iiUon;  — surely  it  excu-t:*.  nw  fn^ 
so  ohen  caiiuig  upon  your  jnlegrtT.  i. 

DifSft  lo  do  cqunl  justice  helween  tl;<  o 

supportfdy  aiid  au  unhappy  priso&er  »o  tii 
protected. 

Gentlemen,  I   declare  that  I  am   tttterl: 
astonished,  on  lor^kin;^  at  the  clock,  lo  fii 
'     V  lonr  I  h;n      '  -peaking;    and   llu 

rcd\ndfli  ^  I  am,  I  have 

•^irtuglh  f  n  lor  tht  remainder  of  m 

duly;— «f  J  of  my  hejith  it  shall 

eicrietlj    i^  »    ^iiiiuugh,  if  this  cans**  shou 

miwrarrv,  I  know  I  shall  have  justice  done 

fur  the  kooesty  of  my  ii(r.«r,fi.^nc      y^i  ^^. 

is  that  to  the  public  ai»  v>— W 

i»  it  to  thera,  when,  if  .  cvidenci 

there  can  stand  a  convic  1 1  i,  treason, 

it  ia  plain  that  nomanci:  ;  to  have 

life  whith  is  his  own  ? — For  how  can  he  po< 

j-ibly  know  by  what  engines  it  may  he  sruii 

or  trom  what  unknown  sources  it  muy  be  a^ 

tac!<e<l  and  overpowered  ?— Such  a  monjjt 

id  he  as  ruinous  to  the  king 

—We  ate  in  a  crisis  of  our 

winch  putting  justice  out  of  the  quci 

calls  in  sound  policy  for  the  great 

I't u'le nee  :ind  moderation — At  a  time  wh 

other  nations  are  disposed  to   subvert  thi 

estah*'^*^' ^<,  let  it  be  our  wisdom  to  maki  , 

the  ^  1  the  practical  benefits  of  om* 

twn  .    !-  -  ..    Ltk  to  bring  good  out  ot  evil:— ^ 

the  distracted  inliabilanls  of  the  world  will  Hf 

h)  \ts  r  >  -afHtii. try,  driven  out  of  their  couil>i 

Till  cohsequencef^  of  not  at* 

i  f- rpfnrmv  in  government^ 

vietiiuh  tu  liie  foii^y  <  ■  :  curitrfttions 

'•ontmue,  till  the  wli  jI  ^ucicty  isdis* 

'  'i  and  tumble*  n>Lu  ftiui,     Lanrfing  upoil 

hore^t  they  will  feel  the  ble^sin^  of  secii- 

ri  t^V ,  HI  1 1 1  r  f  I  ►  V  >\  1  tl  J I  -  . . '.  (  r  ui  what  n      ■-'•■'  ^'i 

thev  V  "I   i-jl  M,i-   .1     '.  ;tnd  their  !■  ll 

'   it.itr  at  your  drtisiuti: — they  v,  > 

iiiolher,  and  their  voices  will  n  c 

"'*  ^*''frih;  may  the  consaM.i.v.i,  v»f 

ic  for  ever! — the  Fncred  and 

Liir  Mt:frv   fiif    \\\v  iinriii  #  «ispii  -^^  ] 
I 
d\ 

he  ends   >  it*elt   urfj 

i^t  It;— VI.  '♦  of  Cornel 

nit>u»  ifveff  "should  tusike  aU  t^-ftuitt  iji  f^ui- 
lforr  of  piilt ;— wh:i!  though  every  -jura-  jf j 
yed  to  entangle   liie  opi«i 
,  whir  h  in  other  ruuntneil 
i     U:     II 3*:  \  I  table     (1^  'I     IQI 

tud,  in  enlightened  ^  i^wilfl 

'       '     i  from  tlj'  ii'xencejj 

i    !t1lll    lu<n  r|y    to   th#| 

•  ' ■  '  •-  -'..i,  uj  i.iitLt  ihcm  i 

^  men  they  will  sef] 

1,1, r   tirnnriiptlCe   a  V€f 

{ proh&tioin 
J    licial  proM 


deiKe  for  the  crown  was  diTitJeel  imo  tm<*  i    


939] 


35  GEORGE  UI. 


▼jnce:—- but,ontheother  hand, they  will  make 
DO  political  sacrifice,  but  deliver  a  plain,  honest 
man,  from  the  toils  of  injustice. — ^When  your 
verdict  is  pronounced,  this  will  be  the  judgment 
of  the  world ; — and  if  any  amongst  ourselves 
are  alienated  in  their  affections  to  government, 
nothing  will  be  so  likely  to  reclaim  them : — 
they  will  say — Whatever  we  have  lost  of  our 
control  in  parliament,  we  have  yet  a  sheet- 
anchor  remaining  to  hold  the  vessel  of  the 
state  Amidst  contending  storms: — ^we  have 
still,  thank  God,  a  sound  administraUon  of 
jusUcc  secured  to  us,  in  the  independence  of 
the  judges,  in  the  rights  of  enlightened  juries, 
and  in  the  integrity  of  the  bar; — ready  at  all 
times,  and  upon  every  possible  occasion,  what- 
ever may  be  the  consequences  to  themselves,  to 
stand  forward  in  defence  of  the  meanest  man 
in  England,  when  brought  for  judgment  before 
the  laws  of  the  country. 

prove  that  the  prisoners  were  parties  to  it. — 
This  course  of  proceeding  had  been  sanctioned 
by  the  opinions  of  the  judges  upon  other  trials, 
but  the  adoution  of  it  upon  this  occasion, 
however  legal,  undoubtedly  exposed  the  pri- 
soners to  great  peril  of  prejudgment,  because 
almost  tlie  whole  of  the  evidence  given  by 
the  crown  against  them  had  been  collected  by 
both  Houses  of  Parliament  just  before  the 
trial,  and  printed  by  their  authority ;  and  a 
statute  (34  Geo.  3,  c.  54.]  had  even  been 
passed,  declaring  tliat  the  treacherous  conspi- 
racy which  constituted  the  first  and  very  im- 
portant branch  of  the  evidence,  did  in  fact 
exist  within  the  kingdom. — We  say  a  very 
important  branch  ol  the  evidence,  because 
undoubtedly,  il*  the  jurj-  had  considered  that 
the  evidence  supported  the  truth  of  the  pre- 
amble to  the  act  of  parliament,  the  prisoners 
must  have  been  in  a  manner  without  a  de- 
fence. Authority  was  also  given  to  detain, 
without  bail,  persons  already  in  custody,  on 
suspicion  of  being  engaged  in  the  above  con- 
spiracy, or  who  shoula  be  thereafter  commit- 
ted, on  that  account. 

I*  With  regard  to  this  act  of  parliament,  it 
is  impossible,  on  the  one  hand,  to  deny  the 
constitutional  competency  of  parliament  to  de- 
clare the  existence  of  a  dangerous  and  ex- 
tended conspiracy,  endangering  not  only  the 
safetv,  but  the  very  existence  of  the  state. — 
On  the  other  hand,  the  persons  who  may  be- 
come obnoxious  to  suspicion,  and  be  subjected 
to  public  prosecution  in  consequence  of  such 
a  Icgislulivc  proceeding,  come  to  a  trial  un- 
der seemingly  insurmountable  disadvantages. 

In  the  very  case  before  us,  the  two  Houses 
of  Parliament  had  collected  and  arranged  the 
greater  part  of  the  written  evidence  allerwards 
produced  by  the  crown  against  the  prisoners, 
and  in  the  preamble  of  the  act  had  given  it 
the  character  ol  a  detestable  conspiracy,  to 
subvert  the  monarchy,  although,  as  has  been 
already  stated,  the  inquiry  of  the  jury  was  to 
be  divided  into  two  branches — First,  whether 
the  evidence,  great  part  of  which  had  been  so 


Trial  of  Thomas  Hardy  [940 

To  return  to  this  Scotch  Convention. — 
Their  papers  were  all  seized  by  government.— 
What  their  proceedings  were  they  best  know  t 
we  can  only  see  what  parts  they  choose  to 
show  us :  but,  from  what  we  have  seen,  does- 
any  man  seriously  believe,  that  this  meeting 
at  Edinburgh  meant  to  assume  and  to  main- 
tain by  force  all  the  functions  and  authorities 
of  the  state  ? — ^Is  the  thing  vrithin  the  compass 
of  human  belief? — If  a  man  were  offered  a 
dukedom,  and  twenty  thotisand  pounds  a 
year,  for  trying  to  believe  it,  he  might  say  he 
believed  it,  as  what  will  not  man  say  for  gold 
and  honours?  but  he  never  in  fact  could  be* 
lieve  that  this  Edinbitfgh  meeting  vras  a  par- 
liament for  Great  Britam : — ^how  radeed  could 
he,  from  the  proceedings  of  a  few  peaceable, 
unarmed  men,  discussing,  in  a  constitutionai 
manner,  the  means  of  obtaining  a  reform  in 

collected  and  arranged  in  parliament  and  pub- 
lished, substantiated  the  declaration  made 
in  the  preamble  of  tlie  bill,  of  the  existence 
of  such  a  conspiracy  to  subvert  the  govern- 
ment: and  secondly,  whether  the  prisoners 
had  any  and  what  share  in  it. — ^Now  it  is 
most  obvious,  tliat  if,  in  deference  to  the  judg- 
ment of  parliament,  the  first  part  of  this  divi- 
sion had  been  found  by  the  jury,  and  the  law 
of  high  treason,  as  stated  by  the  counsel  for 
the  crown,  had  been  adopted,  the  prisoners 
could  scarcely  have  haa  any  defence,  as 
they  then  must  have  been  taken,  upon  the 
whole  of  the  evidence,  to  have  been  privy  to 
proceedings  throughout  the  whole  kingdom, 
directed  to  the  subversion  of  the  monarchy, 
and  destruction  of  the  king. 

'<  All  that  can  be  said  upon  such  a  case  is» 
first,  that  dependence  must  be  had  upon  the 
sacred  trust  of  the  legislature,  not  without  ur- 
gent necessity  to  adopt  such  a  proceeding; 
and  carefully  to  consider  the  fair  result  of  the 
evidence,  when  made  the  foundation  of  an 
act  of  parliament :  and  secondly,  that  the 
British  constitution  provides  for  the  safety  of 
all  who  have  the  happiness  to  live  under  its 
protection,  by  giving  to  twelve  men,  to  be 
taken  from  the  mass  of  the  people,  the  privi- 
lege and  the  duty  to  sit  in  judgment  upon  all 
that  the  authority  of  parliament  may  have  de- 
cided to  be  the  ^bc^,  and  all  tliat  the  learning 
of  the  judges  may  consider  to  be  the  applica- 
cation  of  the  law, 

"  In  that  respect,  whatever  may  be  the 
merits  of  this  case,  and  whatever  amidst  the 
variety  of  judgments  in  a  free  country,  may 
be  the  prevailing  opinion  concerning  it,  the 
trial  by  jury  must  ever  be  dear  to  Englishmen. 
— ^The  verdict  of  acquittal,  instead  of  giving 
encouragement  to  whatever  spirit  of  sedition 
might  have  existed  at  that  period,  produced 
an  universal  spirit  of  content  and  confidence 
in  the  people.  Nothing  indeed  could  more 
properly  excite  such  sentiments,  than  so  me* 
morable  aproofof  safety  under  the  laws."— 
SuljtU  (f:iU  trial  qfThomoi  Hardy,  En- 
kinCM  Speeches  Vol,  3,  p,  55,  %nd  ed. 


Ml] 


for  High  Treason. 


A.  D.  1794^ 


[94S 


parliament ;  and  who,  to  maintain  the  dub, 
or  whatever  you  choose  to  call  it,  collected  a 
little  money  from  people  who  were  well  dis- 
posed to  the  cause ;  a  few  shillings  one  day, 
and  perhaps  as  manv  pence  another?—!  think 
as  far  as  I  could  reckon  it  up,  when  the  report 
from  this  great  committee  of  supply  was  read 
to  you,  I  counted  that  there  had  been  raised, 
in  tlie  first  session  of  this  parliament,  fiAeen 
pounds,  from  which  indeed  you  must  deduct  two 
Dad  shillings,  which  are  literally  noticed  in  the 
account.— -is  it  to  be  endured,  gentlemen,  that 
men  should  gravely  say,  that  this  body  as- 
sumed to  itself  the  oil^ces  of  parliament  ? — 
that  a  few  harmless  ueople,  who  sat,  as  they 
profess,  to  obtain  a  full  representation  of  the 
people,  were  themselves,  even  in  their  own 
imaginations,  the  complete  representation 
which  they  sought  for  ? — Why  should  they  sit 
from  day  to  day  to  consider  how  they  might 
obtain  what  they  had  already  got? — If  their 
object  was  an  universal  representation  of  the 
whole  people,  how  is  it  credible  they  could 
suppose  that  universal  representation  to  ezbt 
in  tnemselves— inthe  representatives  of  a  few 
societies  instituted  to  obtain  it  for  the  country 
at  large  ? — If  they  were  themselves  the  na- 
tion, why  should  the  language  of  every  reso- 
lution be,  that  reason  ought  to  be  their  grand 
engine  for  the  accomplishment  of  their  object, 
mnd  should  be  directed  to  convince  Uie  nation 
to  speak  to  parliament  in  a  voice  that  must  be 
heard  ?  The  proposition,  tliercfore,  is  too 
sross  to  cram  down  the  throats  of  the  Eng- 
lish people,  and  tliis  is  the  prisoner's  security. 
-—Here  again  he  feels  the  advantage  of  our 
free  administration  of  justice :  thb  proposition 
on  which  so  much  depends,  is  not  to  be 
reasoned  upon  on  parchment,  to  be  delivered 
privately  to  magistrates  for  private  judgment : 
no — he  has  the  privilege  of  appealing  aloud, 
as  he  now  appeals  hy  mc,  to  an  enliehtened 
assembly  full  of  eyes,  and  ears,  andintelli- 
gence  where  speakmg  to  a  jury  is,  in  a  man- 
ner, speaking  to  a  nation  at  large,  and  flying 
for  sanctuary  to  its  universal  justice. 

Gentlemen,  the  very  work  of  Mr.  Paine, 
under  the  banners  of  which  this  supposed  re- 
bellion was  set  on  tout,  refutes  ttie  charge  it 
is  brought  forward  to  support :  for  Mr.  Paine, 
in  his  preface,  and  throughout  his  whole  book, 
reprobates  the  use  of  force  against  the  most 
evil  governments;  the  contrary  was  never 
imputed  to  him. — If  hisbook  had  been  written 
in  pursuance  of  the  design  of  force  and  rebel- 
lion, with  which  it  is  now  sought  to  be  con- 
nected, he  would,  like  the  prisoners,  have  been 
charged  with  an  overt  act  of  high  treason ;  but 
such  a  proccedinj;  was  ucvtir  tliought  of. — 
Mr.  Paine  was  indicted  for  a  misdemeanor,  ♦ 
and  the  mi^domcanor  was  argued  to  consist 
not  in  tlic  falsehood  that  a  nation  has  no 
rieht  to  choose  or  alter  its  government,  but  in 
leditiously  exciting  the  nation,  without  cause, 

♦  See  the  trial  of  Thomas  Paine,  ant^.  Vol. 
U,  p.  357. 


to  exercise  that  right. — A  learned  lord  (lord 
chief  baron  Macdonald),  now  on  this  bench, 
addressed  the  jury  as  attorney-general  upon 
this  principle :  his  language  was  this : — The 
question  is  not,  what  uie  people  have  a  right 
to  do.  for  the  people  are,  undoubtedly,  the 
foundation  and  origm  of  all  government ;  but 
the  charge  is,  for  seditiously  calling  upon  the 
people,  without  cause  or  reason,  to  exercise  a 
right  which  would  be  sedition,  supposing  the 
ri^ht  to  be  in  them :  for  though  the  people 
mieht  have  a  right  to  do  the  thing  suggested, 
and  though  they  are  not  excited  to  the  doing 
it  by  force  and  rebellion,  yet,  as  the  sugges- 
tion goes  to  unsettle  the  state,  the  propag^ 
tion  of  such  doctrines  b  seditious.  There  is 
no  other  way,  undoubtedly,  of  describing  that 
charge.  I  am  not  here  entering  into  the  ap^ 
plication  of  it  to  Mr.  Paine,  whose  counsel  I 
was,  and  who  has  been  tried  already.  To  say 
that  the  people  have  a  right  to  change  their 

fDvernment,  is  indeed  a  truism ;  every  body 
nows  it,  and  they  exercised  the  right,  other- 
wise the  king  could  not  have  had  his  establish- 
ment amongst  us.    If,  therefore,  I  stir  up  in- 
dividuals to  oppose  by  force  the  general  will, 
seated  in  the  government,  it  may  be  treason; 
but  to  induce  changes  in  a  government,  by 
exposing  to  a  whole  nation  its  errors  and  im- 
perfections, can  have  no  bearing  upon  such  an 
oftence : — ^the  utmost  which  can  be  made  of 
it  is  a  misdemeanor,  and  that  too  depending 
wholly  upon  the  judgment  which  the  jury  may 
form  of  the  intention  of  the  writer  — ^The 
Courts,  for  a  long  time,  indeed,  assumed  to 
themselves  the  province  of  deciding  upon  this 
intention,  as  a  matter  of  law,  conclusively  ixv- 
ferring  it  from  the  act  of  publication :  *  I  say 
the  Courts  attumed  it,  though  it  was  not  the 
doctrine  of  lord  Mansfield,  hut  handed  down 
to  him  from  the  precedents  of  judges  before 
his  time :  but  even  in  that  case,  though  the 
publication  was  the  crime,  not,  as  in  tins  case 
the  intention,  and  though  the  quality  of  the 
thing  charged,  when  not  rebutted  by  evidence 
for  the  defendant,  had  so  long  been  considered 
to  be  a  legal  inference,  yet  the  legislature,  to 
support  the  province  of  the  jur^',  and  in  ten- 
derness for  liberty,  has  lately  altered  the  law 
upon  tliis  important  subject.    If,  therefore,  we 
were  not  assembled,  as  we  are,  to  consider  of 
the  existence  of  high  treason  against  the 
king's  life,  but  only  of  a  misdemeanor  for  se- 
ditiously disturbing  liis  title  and  establishment, 
by  the  proceedings  for  a  reform  in  parlia- 
ment,  I  should  think  the  Crown,  upon  the 
very  principle  which,   under  the  Ubel  law, 
must  now  govern  such  a  trial,  quite  as  distant 
from  its  mark  ;  because,  in  my  opinion,  there 
is  no  way  by  which  his  majesty's  title  can  more 
firmly  he  secured,  or  by  which  (above  all,  in 
our  times)  its  permanency  can  be  better  esta- 
blished, than  by  promoting  a  more  full  and 
equal  representation  of  the  people,  by  pcace- 

•  Seethe  case  of  thtt  Y^AXi^^bV  Ns«^i 
Vol.  «\,  V .  Vi41  v)^  VW*  V:  ^W^ifcXwu,  >^ 


9i3] 


35  GEORGE  III. 


Trial  of  Thomas  Hard  if 


rW4 


able  means;  and  by  what  other  means  has  it 
been  sought,  in  this  instance,  to  l)e  promoted  ? 
Gentlemen,  when  the  members  of  this  con- 
vention were  seized,  did  they  attempt  resist- 
ance f — Did  they  insist  upon  their  privileges 
at  subjects  under  the  laws,  or  as  a  parliament 
enacting  laws  for  others  f—- If  they  had  said 
or  dune  any  thing  to  give  colour  to  such  an 
idea,  there  nec<ied  no  spies  to  convict  them ;  I 
the  crown  could  have  given  ample  indemnity  ' 
for  evidence  from  amongst  themselves :  the  ' 
societies  consisted  of  thousands  and  thousands  | 
of  persons,  some  of  whom,  upon  any  calcula-  ■ 
tion  of  human  nature,  might  have  been  pro-  | 
duced :     the   delegates,    who    attended    the . 
meetines,  could  not  be  supposed  to  have  met,  | 
with  anifl'crent  intention  from  those  who  »ent  I 
them ;  and,  if  the  answer  to  that  is,  that  the  ! 
constituents  are  involved  in  the  guilt  of  their  i 
representatives,  we  get  back  to  tlie  monstrous 
position  yror/j  whkh  I  observed  ym  before  to 
shrink  back,  vUh  visible  horror,  when  I  xtated 
it ;  namely,  the  involving  in  the  fate  and  con- 
sequence of  this  single  trial  every  man,  who 
corresponded  with  these  societies,  or  who,  as  a 
member  of  societies  in  any  partof  the  kingdom, 
conscntcfl  to  the  meeting  which  was  assem- 
bled, or  which  was  in  prospect : — hut,  I  thank 
God,  1  have  nothinc  to  fear  from  those  hy- 
dras, when  I  see  before  me  such  just  and  ho- 
nourable men  to  hold  the  balance  of  justice. 
Gentlemen,  the  dissolution  of  this  parlia- 
ment s^icaks  as  strong  a  language  as  its  conduct 
when  sitting.— How  was  it  dissolved  ?  When 
the  magistrates  entered,  Mr.  Skirving  was  in 
the  chair,  which  he  refused  to  leave :— he 
considered   and  asserted  his  conduct  to  be 
legal,  and  therefore  informed  the  madstrate 
he  must  exercise  his  authority,  that  the  dis- 
persion miglu  dp^itjr  10  hif  involuntary,  and 
that   the    huhictri,   di^tnrbeiJ   in   his  riahti 


them  the  victims  of  sentences  which  marv 
would  consider  as  equivalent  to,  if  not  wor4 
than,  judgment  of  treason :  sentences  whkh, 
at  all  events  had  never  existed  betbre,  and  such 
as,  I  bchcve,  never  will  again  with  impui^ity. 
— But  since  I  am  on  the  subject  of  iR/cufini;, 
I     shall    conduct   myself    with    the    $anie 
moderation  which  I  have  been  prescribing ;  I 
will  cast  no  aspersions,  but   shall    contoQt 
myself   with    lamenting    that    these  judg- 
ments   were    productive   of    consequences, 
which  rarely  follow  from  authority  discrcctlv 
exercised.    How  easy  is  it  then  to'  dispose  of 
as  much  of  the  evidence  as  consumeu  hajfa 
day  in  the  anathemas  against   the    Scotch 
Judges !  It  ap(H:ars  that  they  came  to  varicui 
resolutions  concerning    them:    some    ^},, 
some  bad,  and  all  of  them  irregular.  Amons^t 
others  they  comnare  them   to  Jelfries,  and 
wish  that  they,  who  imitate  his  example, mav 
meet  his  fate.— What    then? — Irreverend 
expressions   against    Judges    are     not   acb 
of  high  treason !  —If   they   had    assembled 
round  the  Court  of  Justiciary  and  hanged 
them  in  the  execution  of  their  offices,  it  wodd 
not  have  been  treason  within  the  statute— 
I  am  no  advocate  for  disrespect  to  Judm 
and  think  that  it  is  dangerous  to  the  public 
order;  but  putting  aside  the  insult  upon  the 
Judc^es  now  in  authority,  the  reitrobatioD  of 
Jeffries  is  no  li\ie\,  but  au  uwfui  and  usefii! 
memento  to  wicked  men.     Lord  Chief  Jus- 
tice Jcft'rics  denied  the  privileije  of  English 
law  to  au  innocent  man.    ITc  refused  it  to  sir 
Thomas  Armstrong,*  who  in  vain   pleaded, 
in  bar  of  his  outlawiy,  that  he  \i*as  out  of 
the  realm  when  he  was  exacted — (an  objec- 
tion so  clear,  that  it  was   lately  taken  fi^r 
granted,  in  the  case  of  Mr.  Purefoy)— The 
ga^glUtr  of  thi^  unfortunate  pLi>i^!i,  J  }-j^&,  mp" 
honour  and  quality,  came  publicly  into  cotitt 


for  High  Trmsofu 

the  writ  of  crPDTr-^usd  the  executors  of  JcU 
fertcs  were  cominaiiddd  to  make  compensa^ 
tion  Uj  tlie  widow  amJ  the  daughter  of  th« 

tJcc«a»cd,  *I'hc5c  Arc  cicjit  motiuroents  of 
justice; — and,  iii  by  no  tneana  ap- 

prove of  harsh  *    1  ;iL'aiast  authoniy, 

which  tend  to  w^kt^tt  ihe  holdings  of  society, 
Jrtl  Jet  us  not  go  beyond  the  mark  in  our 
restraints  nor  siipooiic  that  men  are  dan- 
gerously diAaffec  1*^*1  lo  the  govemroenl,  he- 
omte  i:  '  '  .  iort  of  pride  and  exultation 
in  tVfi  I  constitute  the  dignity  and 

rrrsenimcnt  against  the 
pjv^c^.*.,.^:.^,  ;,.v  i^^urts  in  Scotland,  was  not 
MOllfted  to  those  who  were  ti»e  objects  of 
them  ;  it  was  not  confined  even  to  the  friendii 
of  a  Reform  in  P«rliaiiient — a  benevolent 
puthc^  in  butli  parts  of  the  island ,  joined 
them  in  the  cotnpkmt ;  and  u  gentleman  of 
great  moderation,  and  a  fnoi»t  inveterate 
•oemy  to  piirliamenUry  relurin^  as  tbinking 
it  lk>t  »n  m»prijv<*nicrii  of  the  goverr\mcnt,  but 
n*  <jf  his  country  and  its 

ir  the  tonvictiori**  of  the 

^eiegaies  ine  sunjcti  of  a  public  inr^urry: — 
f  wfmk  of  niy  fnend  Mr.  Williiun  Adira,* 
fpfva  hrouj^hl  lbe*ve  judgments  of  the  Scotch 
ladgies  before  the  House  of  Commons  — a r- 
laigoed  them  as  cuntr<iry  to  law,  HPd  praposcd 
il»  fcifenc  them  by  the  authority  of  Purlia- 
rit.f  iM  It  oni  ilir  11  1m  III  tMi  I  u(  wondct. 
Ihe»e  poor  ti  mtxliale 

is  uf  this   II  iwf  ihcir 

]>elled  lioni  tbcir  cjuuutry  by  an 
-((I  unit  qtie^iionable   jtidguient, 
tlcl  like  men  uti  the  wihjcci,  and  eit- 
;  th^tiNplven  ^^  ihf»v  fell 


from   Ur 
niion  ntid  youi  t 
thru  lure,    «*ith 


the 

VI 


vour  vigil 
H\  iM  ijiitlerstand  :  li 
utiiio».l    con  tide  ncc 


next,  if  their  objects  had  been  traitorous, 
would  they  have  given  lheni,withotitdis.guis^ 
or  colour^  to  the  public  and  to  the  jsjovemmcnt, 
in  every  commote  newspaper  ?  and  j^et  it  is 
so  fkv  from  beinj;  a  charge  ac;ain^t  them, 
that  they  conceaied  their  object*  by  hypocrisy 
or  guarded  Londuct.  that  1  have  bccA  driv 
to  admit  the  justice  of  the  complaint  again$ 
them,  for  unnecesunry  intlanunatton  andexa 
jreration.-  Ias«kyou  farlhcr,whclhcrjfthepn 
«  1  buM  pubh^hed  and  exaggerated t  haAj 

fo  Government*  who  \new  every 
itjiiig  belonging  to  them,  in  the  light  the 
ref're-jent  I  hem  to  you  tixiay^  ibcy  cotik 
pos&ibly  tiavc  ilejn  over  tbem  wit  It  >'Uch  con 
pfalc  itidiflcrence  dnd  silence  ?  For  it  i*  noto 
rioiis,  Ibut  :»Npr  this  Convention  had  beel 
held  at    1  ,    alter,  in  short,   everyi 

Unng  hati  i,  written^  and  trausitcted^J 

on  which   1  am  now  commenting,  and  alle 
Mr.  Paine's  book  had  been  for  above  a  year  i 
universal  cireulalior^  — ay,  up  to  the  very  daj 
when  Mr.  Grey  gave  notuc,  in  the  Uon^c  i 
CommOTis,  of  the  intention  of  the  I  rtrnds  < 
the  Pwipte  Tor  m  reform  in   ParlianH*nt»  then 
was  ti   f  1   single  indictment  <'i     '       "el 

for    I  mor  ;    but,  from  tli:i 

wfien  ji  >v,i>  -»eeti  that  the « au'^c  w^»-.  i^ji  i-t.ttj 
down  or  abandoned,  the  proclamation  mtt 
ila  appearance,  and  all  tljc  procerrlm  .  li^^^ 
A»Uowe<l  had  tht  ir  birth. — I  a^k  *. 
Gentlefnen,  whether  it  be  in  hum  i 
that  a  few  unprulecled  men,  conscious  I 
in  their  own  mindi*,  that  tht-y  h/id  beeSr] 
engitijfnl  and  detected  in  n  Hett-Htaide  rebellio 
to  cut  iiB  tile  l^iite^,  1 1  de^iruy  the  ddmmistni^  i 
tion  urjuttice,  Hiid  to  Mdivert  ttie  whole  hibridj 
of  Ihr  cfivt'pmniMit,  iiboiikl   inrn  round   upoB  ( 

I    Mil 

t  ofi 


Ik 

jr. 

Iioti  oi  tht 

WOllld  bnv^ 

in 

ki 

t4K:k  l! 


i»u  a   tew   \ 
Iji.leol 

-I     tltlH-f. 


Wlil|    IM 

Cotnnii 
BoTtin 
and  a  1 
Able  I'm 

in 


I 

ui  really  pro- 

rous  UHirpa 

ul    l-iirhtimeni^  tl»ey 

f'rieudH  (ft  the  Peopic, 

I,   when   they 

iiiimHi  not  to 

uon,  but  by 

i,    and   from 

ijujM  nrtiiM  r  in.jic  tor  support  nor 

of  evil  purpose*  f— I  ask  you 


teeeded  Ioj 
r  of  the  nil 

theJitry  * 

It  o( F.xcii«^itucf  ot  Scoiknd, 
I  his  Majesty's  most  honour^ 

tie  on  Mr.  Adim'«  motion  ! 
iiirl.Hiit.  Vol,  30,  p.  t-ia«. 


♦  verwifl,  of  Mich  exlmvat^Ant,  prr 


IImI  ittr  tuiubh  I  \i\  tUf  u  iAii   beea 

fe«;»!,  nnd   mi^ht  be  vin -  ,  im^t   th^  | 

I  '4  wlio  obHlnictcd  Ihrni  i — \xv  Ihai^ 

I  1 1>€  mittakf'n  ; — I  am   n'*i  areuinj  J 

I  it  prevent:    ii  lf»ry  an    !  f 

I  tl  misdemeanor,  and  \  -a-  i 

,   I  will  then  t«di  yoi,  wi,.ii  | 
^iiflicient   iV/r  tbe   day  \%  lh#^ 
I    ,»  _ii  14  ^utiicieiit '  '' '    »'■# 
.  y:ahty  or 
l.itiun   to  !).'-_    ..  ..■- 
that  \%  tmputrd  lo  tr 
Thr  nrM  fii  .ttrr  ;  :/'(!  ,ii::un*t  tb#  I 


3   V 


947J 


35  GEORGE  III. 


Trial  of  Thomas  Bardtf 


[jMB 


%*ergiDg  closely  in  themselves  upon  an  overt 
acl  of  treason, — Genllcraen,  M  the  dulea  q! 
theftc  addresses  are  attended  to,  which  come 
no  lower  down  than  November  1792,  we  have 
only  to  lament,  that  they  arc  but  the  acts  of 
private  subjects,  and  that  they  were  aut  sanc- 
tioned by  the  state  itself. — The  FrcQch  na- 
tion, about  thai  period*  under  their  new  con- 
•iitntion,  or  under  their  new  anarchy,  call  it 
■which  you  will,  were  neverthelcfis  most  anxi- 
ously desirous  of  mainlaiuing  ncace  with  this 
country, — But  the  king  was  advised  to  with- 
draw his  umbttssador  from  France,  upon  the 
apprf^aching  catastrophe  of  its  most  unfortu- 
nate prince; — an  event  which,  however  to  be 
deplored,  was  no  justifiable  cause  of  offence 
to  Great  Britain. --France  de&ired  nothing 
but  the  regeneration  oj  her  own  government; 
Slid  if  she  mistfK)k  the  road  to  her  prosperity, 
what  was  that  to  us?— But  it  was  alleged 
against  her  in  parliament,  that  she  had  intro- 
duced spies  amongst  us,  and  held  correspon- 
dence with  disaffected  persons,  for  the  des- 
truction of  our  constitution;  this  was  the 
charge  of  our  minister,  and  it  was,  tlierefore, 
lield  to  be  just  and  necessary,  for  the  safety  of 
the  country,  to  hold  France'  at  arm's  length, 
atid  to  avoid  tlie  very  contagion  of  contact 
^th  her  at  the  risk  of  war. — But,  gentlemen, 
tins  charge  against  France  was  thought  b^ 
many,  to  be  supported  by  no  better  proofs 
than  those  agjaiostthe  prisoner. — In  the  pub- 
lic correspondence  of  the  ambassador  from 
the  French  king,  and  upon  his  death,  as  mi- 
Ulster  from  the  convention,  with  his  majesty *ii 
Secretary  of  state,  documents  which  he  upon 
the  table  of  tlic  House  of  Commons,  and 
which  may  be  made  evidence  in  the  cause, 
the  executive  council  repelled  with  indigna* 
lion  all  the  impututions,  which  to  this  very 
hour  are  held  out  as  the  vindications  of  quar- 
rei.  **  If  there  be  such  persons  in  England,'* 
•ays  monsieur  ChauveUn — "  has  not  England 
lawstopunish  them  1 — France  disavows  Ihcni 
—-such  men  are  not  Frenchmen/* — ^Fhesamc 
correspondence  conveys  the  most  solemn  as- 
^ranccs  of  friendship  down  to  the  very  end 
of  the  year  iTQa— a  period  subsequent  to  all 
the  corresnondence  and  addresses  complained 
^> — Wljether  lliese  assumnces  were  faithful 
©rotherwise, — whetherit  would  have  been  pni- 

[  ^ent  to  have  depended  on  them  or  otherwise, — 
whether  the  war  was  advisable  or  unadvis- 
fM^  'f*  questions  over  which  we  have  no 
j  •  n ; — I  only  desire  to  brin^  to  your  re- 

c^.,.. — ^11,  Hfit  ,  11T1II  may  be  a  iriend  to  the 
rights  of  1  ludiothe  imprescriptible 

rights  of— I  J,  which  is  now  a  term  of 

derision  and  contempt,  that  he  may  it^\  t*)  Ihe 
■very  goul  for  a  nation  beset  by  the  sword  of 

\  despots,  and  vet  be  a  lover  of  his  owo  country 

f  and  its  constitution. 

Gentlemen,  >  on,  of 

L  whom  I  have  .  tVe- 


k^L-ui  ui-u  *,ii*ikki  uitui  nM^uin:B  to  Of  jiruijbcti 


into  the  present  argument ;  for  he  malDlUD- 
ed  the  cause  of  justice  and  o|  truth,  agunst 
ail  the  perverted  authoritj'  and  rahh  violence 
of  his  country,  and  expressed  the  feehngs  of 
a  christian  and  a  pal  riot  in  the  very  heat  of 
the  American  war;  boldly  holding  lortli  our 
victories  as  defeats ;  and  our  sue  ^a* 

lamities  and  disgraces.    **  It  is  no  y  * 

said  Mr.  Burke,  **  that  I  can  be  nruugni  to 
rejoice,  when  I  hear  of  the  slaughter  and  cap- 
tivity of  long  lists  of  those  names  which  have 
been  fannliar  to  my  ears  from  my  infancy, 
and  to  rejoice  thai  they  have  falk'!  \^^^^^*^r  the 
sword  of  strangers,  whose  barbai  lo^ 

tions  1  scarcely  know  how  to  pron  -  ihe 
glory  acquired  at  the  If  Aire  Plairu  i»y  cokmel 
nnillef  has  no  charms  for  roe ;  and'  I  fiwiy 
acknowledge,  that  I  have  not  yet  learned  to 
delight  in  finding  Fort  Kniphumen  lo  the 
heart  of  Uie  British  dominions/'*  If  this 
had  been'  said  or  written  by  Mr*  Yorke  at 
Sheffield,  or  by  any  other  member  of  ihcM 
societies,  heated  with  wine  at  the  Globe-'tA^ 
vern,  it  would  have  been  trumjieted  forth  as 
decisive  evidence  of  a  rebelliuus  spirit,  re- 
joicing in  the  downfall  of  hi*^"-  ■  ■  '-  '  '  «h« 
great  author  from  whose  wru  i  r- 

rowed,  approved  himself  tu  L^  of 

this  nation  at  that  calamitous  tt  i  vd 

it  pleased  God  to  open  the  under-  ■  of 

our  rulers,  his  wisdom  might  have  avert ca  the 
storms  that  are  now  thickening  around  ui* 
We  must  not,  therefore,  be  loo  severe  in  our 
strictures  upon  the  opinions  and  feelings  of 
men  as  they  regard  such  mighty  i  ^- 

tions.— The  interests  of  a  nation  r:  be 

one  tiling,  and  the  interests  of  its  tryvcrnmtiii 
another;  but  the  interest  of  tho&o  who  hoki 
government  for  the  hour, is  at  all  times  dJiTereot 
from  either.  At  the  time  many  of  the  paPtn 
before  you  werecirculatedon  the  subject  cullii 
war  with  France^  many  of  the  bet^l  and  wisest 
men  in  this  kingdom  begun  to  be  drivco  by 
our  situation  to  these  melimcholy  reflcctioai; 
and  thousands  of  persons,  the  ^lo^t  firmly 
attached  to  the  principles  of  our  ^  ti, 

and  who  never  were  meml^ers  ol  ^ 

societies,  considered,  and  still  toi  it 

Britain  as  the  aggressor  against  1  .^y 

considered,  and  still  consider,  that  blie  L4ik  s 
ri|^it  to  choose  a  government  for  hrri^lf,  and 
that  it  wjis  contrary  to  the  firni  |  '      aS 

justice,  and,  if  possible,  still  moj  m 

lo  the  genius  of  our  own  frc  lu 

combine  with  despots  (or  htr  ml 

who  knows  In  it   that  the  >  -t 

upon  France  may  have  been  kH 

UnlR'ard-of  Slulr    nf   ^urntx  ri» 

fdain  ofi*-«\\ '  l,c 

las  been  t'  ry 

vi^ur  of  a  I  ^Jt 

of  that  uun.-i  H 
UireatcQs  the  air 


i^ji  4,  o^u.  r(|      j.>'.ii. 


I 


949]  fit  High  Treasofu 

'     These   are  m*»lsncln>ly  coi»sid«?nilion5,    bm 

they  mny  ri  '    .,  and  at  %\\  events,  be 

I      lawfully  CIV  Wc  owe  obedience  to 

fir  ■  ^^ 

I  ( ..  ..L.LM.rn.  piiminng  the  order  of  time,  wc 

are  arrived,  sit  length,  at  the  proiM)sition  tti 

I       hctSA  tm.iiht  >  A-i»tiT.ftit'ion^  wkichy  n^tth  the  tup^ 

i,       p'  ;(  bv/yfrcft  art  the  otily  oTerf 

^Ci  >>n  chitrged  ypun  this  record, — 

1  as  it  may  sippcar,  there  is  no 

eti  I  aever  before  you  of  any  one  of 

(  thui^if  act^  i»r  uriliniis  the  evidence  of  which 
consumed  "^o  mfiny  day^in  reading,and  whjch 
"has  air.  ifd  my  strength  in 

only  1  w  before  yo\i. — If 

e\'Cfy  hne  .:  I  all  the  writingi  I  have 

been  com n^  n  were  admitted   tcj  be 

traitorous  iim.  muini'iis^  and  if  the  conven* 
tion  in  Scotland  was  an  ojicn  rcbcHion,  it  is 
conceded  to  be  forci^m  to  tb*^  nr.   .  t,(  r.m  n,,>... 
unless  a$  5uch  criinnidlity  in 
the  views  and  objerl^  of* tin:  ^  _.  _ l  ,  _    . 

in  them;— ontliHi  principie  only  the  Court 
hma  over  and  over  again  decid  .d  the  evidence 
of  them  lo  lie  admissible;  and  on  the  same 

Srinciplc  f  have  dUislrated  lliem  in  tlieir  or- 
cr  as  they  happened,  that  I  nuglvt  lend  the 
priaoner  in  your  view  up  to  the  very  point  luid 
moment  when  the  treason  is  supposed  to  have 
bur^t  forth  into  the  overt  act  for  which  he  is 
arraigned  befurt*  you. 

The  trunsai  lion  Te?pecting  this  second  con- 
vention, which  constitutes  the  principal,  or 
more  properly  the  only  overt  art  in  the  indict- 
ment, lies  in  the  narrowest  compass,  and  is 
clouded  with  no  arohiguily. — I  ad  mil  freely 
cvcy  act  which  is  imputed  to  the  prisoner, 
ana  listen  not  so  much  with  fear  as  with  cu- 
rioiiiy  and  wonder,  to  tiie  treason  sought  to 
he  connected  with  it. 

Y<»u  will  recollect  that  the  first  motion  to- 
^^MUils  the  bidding  of  a  seeoiid  convention, 
^^ginatcd  in  a  leller  to  the  piisoniT  from  a 
Spuntry  correspondent,  in  which  the  IcjL'ulily 
of  the  former  wuH  vindieu led,  and  il^  dr%ner- 
sir     f  '      -this  letter  was  answered  on 

Ih  li  1794,  and  was  read  to  you 

in  U;r  ( juwii  •,  1  videncc  in  these  words; 

''  March  V,  1794. 

**  Citizen  ;— I  am  directed  by  the  Ixjndon 

'  ^ioi  icty  to  transmit  llic  follow 

>o  the  Society  for  Constitu- 

n,  and  to  request  the  senli- 

Lt  society  respecting  the  itnf>or- 

«  s  which  the  present  junctirt^  of 

^  to  require. 

IS  don  Corresponding  Society  eon- 

1  d,  when  a  full 

iry  from  all 

r   the  lale  iU 

r  atid  nenitncti 


A.  D.  1704.  [950 

on  ovr  partA  as  the  treachery  (pothers  in  tha 
iamt :'  ;i/#e  i«  woiortntij.    The  Society 

fur  '  mil   tuformation   is   therefore 

reuuin  u  vj  <H  icrmuic  whether  or  no  tticy 
will  be  ready,  when  called  upon,  to  act  in 
conjunction  with  thit  and  other  mcidicK  to  olh 
tmn  a  fair  representation  of  the  PEOPLE — 
whether  the  1/  concur  frith  u:  in  ttcing  the  ne- 
ecnttii  of  a  npeedif  t  tor  the  purpose 

of  oidaimng,  in  »  cor  /  and  fr^al  mt- 

thodf  a  redress  {f  those  grtcziancct  under  which 
rrr   nf  prrsent  loOour,  and  trhich  tan  only  be 
rtmovfA  by  a  full  and  fair   rcprC' 
f  the  peopfc  of  Great  Brtl tun.    The 
X-cjiidon  Corresponding  Society  cannot  but  re- 
tniod  their  friends  thiit  the  present  crisis  de- 
mands alt  the  prudence,  unanimity,  and  vi- 
gour, that  may  or  can  be  exerted  by  MEN 
and  Bntons ;    nor  do  they  doubt  tut  that 
manlv  firmness  and  consistency  will  Imally, 
•'  '!  they  believe  shortly,  terminate  in  the  full 
iiipHshmtnt   of  all   their  wishes. — I  am, 
vv  citizen  (in   my  humble  measure),  a 
frienri  to  the  rights  of  man, 
(Signed)  *»  T.  Uardt,  Secretary," 

They  then  resolve  thai  there  i$  no  security 

for  the  continuance  of  any  ri^ht  but  in  equaf- 
ily  of  iawt ;  not  in  equality  of  property ^  the 
ridiculous  bugbear  by  wtitcli  you  are  to  be 
frightened  jnto  injustice; — on  the  contrary, 
throughout  every  part  of  the  proceeding'<,and 
most  emphatically  in  Nfr.  Yorke's  speech,  so 
much  relied  on,  the  beneficial  subordinations 
of  society,  the  securily  of  property,  and  the 
prosperity  of  the  landed  and  commeraal  in- 
lerests,  are  held  forth  as  the  very  objects  to 
be  attained  by  the  reform  in  the  representa- 
tion which  they  sought  for. 

In  examining  this  first  moving  towards  a 
second  convention,  the  ftrst  thing  to  he  consi- 
dered is,  what  reason  ihere  is,  from  the  letter 
I  have  just  read  to  you,  or  from  any  thmg 
that  appears  to  liavc  led  to  it,  to  suppose  that 
a  different  iort  of  convention  was  projected 
from  that  which  had  been  before  assembled 
and  thspcrsed.— The  letter  says  another  Bri- 
tish Convention ;  and  it  describes  the  same 
objects  as  the  first— compare  all  the  papers 
for  ihc  callmg  this  second  convention  with 
those  for  asserabliug  the  first»  and  you  will 
find  no  difference,  except  that  they  mi!ted 
with  them  extraneous  and  Irbellous  matter, 
arising  obviously  hum  the  irritation  produf  nl 
by  Uie  sailing  of  the  iransoorls  with  their  bre- 
thren condcnmed  to  exile.  These  papirs 
have  already  been  considered,  and  separated, 
as  they  ought  to  be,  Irom  the  charge* 

I  will  now  lay  before  yon  all  the  remaining 
operations  of  this   f         '  '  '  i   • 

to  the  prisoner's  im; 


ri.'1-i.'ivtu    I  in,: 


Mr.  Hardy  havioc  n 
adverted  to.  regarding  a  socond 


-^^   -^ 


951}         S5  GEORGE  III. 

Kesolutions  thev  had  come  to  upon  the  sub- 
ject, was  considered  by  the  Constitutional 
Society  on  the  next  day,  the  S8th  of  March, 
the  ordinary  day  for  their  meet  ins:,  when  they 
sent  an  answer  to  the  Currc«^pondiug  Society, 
infornung  them  that  they  had  received  their 
communicaliou,  that  they  heartily  concurred 
with  them  in  the  objects  they  had  iu  view, 
and  invited  them  to  send  a  delegation  of  their 
menibcr<%  to  confer  with  them  on  the  subject. 
Now,  wlmt  were  the  objects  they  concurred 
in,  and  what  was  to  be  the  subject  of  confer* 
ence  between  the  societies  by  their  delegates? 
Look  at  the  letter,  which  distinctly  expresses 
its  objects,  and  the  means  by  which  they 
sought  to  cfl'ect  them : — had  these  poor  men 
(too  numerous  to  meet  all  together,  and  there- 
fore reuewino;  the  cause  of  Parliamentary 
Reform  by  delegation  from  the  societies)  any 
reason  to  suppose,  that  they  were  involving 
themselves  in  the  pains  of  treason,  and  that 
they  were  compassing  the  King*s  death,  when 
they  were  re<leeniing  (as  they  thought)  his 
authority  from  probable  downfall  and  ruin? 
Ilad  treason  been  imputed  tu  the  dclenr'itcs 
before  ?—  Had  the  imagining  the  death  of  the 
King  ever  been  suspected  by  any  bo<ly?— Or 
when  they  were  prosecuteu  for  mi^demea- 
hors,  was  the  iiro'^ecution  considered  as  an 
induljieiice  conlerrcd  upon  men  who^r  lives 
had  been  forleilcd  •• — And  is  it  to  be  endued, 
then,  in  tiiis  free  land,  made  free  too  bv  the 
▼irtue  of  our  t'urefathers,  who  placed  the  King 
upon  hi.s  t!in>ne  to  maintain  this  freedom, 
that  forfy  ^t  fifty  thousand  people,  in  the 
differi'iii  y.ivx^  of  ti:e  kingdom,  assembhng  in 
their  lit  tie  sori<  ties  to  spread  useful  know- 
led^e,  •r^'\f}  to  dfffiT«?e  ih^  prmriplf^  of  lilrerly, 
which  the  more  widely  ibey  Hta  f^pread,  the 
inrer  is  ibe  condition  of  our  free  governni«ntj 
are  in  a  inotiient,   wlthaut  waniiitg,   wirht'Ut 


Trial  qf  Thomas  Hardy  [058 

I  heard  so  much,  and  no  meeting  was  held  on 
I  that  day; -the  first  Thursday  was  the  Uth 
'  of  AprU,  but  there  was  no  meeting ; — the  31it 
.  of  April  was  the  second  Monday,  but  then 
j  was  still  no  meeting ;  —the  S4th  of  April  wai 
I  the  second  Thursday  when  the  five  of  the 
Corresponding  Society  attended,  but  oobodj 
coming  tu  me«t  them  from  the  other,  nothing 
of  course  was  transacted; — on  Monday,  the 
98th  of  April,  three  weekb  after  their  first 
appointment,  this  blood v  and  impalieot  band 
of  conspirators,  seeing  that  a  Convention  Bill 
!  was  in  projection,  and  that   Hessians  veie 
I  landing  on  our  coasts,  at  last  assembled  thcoh 
,  selves  ; — and  now  we  come   to  the  puinl  of 
'  action.->Gcntlenien,  they  met ; — they  shook 
!  hands  with  each  other; — they  talked  over 
I  the  news  and  the  pleasures  of  the  day^ 
they  wibhed  one  another  a  good  evening,  ind 
retired  to  tlieir  homes : — it  is  in  vain  to  hide 
it,  they  certainly  did  all  these  things .~Ti» 
sa'iie  alarming  'scene  was    repeated   on  the 
three  following  days  of  meeting,  and  ou  Mon- 
day, May  the  t^th,  would,  but  tor  the  vigilance 
of  Government,  have  probably  s^am  taken 
place: —but  on    that    day    Mr.    Hardy  vis 
arrested,  his  pa|>ers  seized,  and  the  conspincj 
which  pervaded    this   devoted    country  ns 
dragged  into  the  face  of  day.     To  he  serious 
gentlemen,  you  have  mtiirally  the  wimleflf 
it  before  you   in  the  meetmgs  I  h.ive  jiat 
stated ;   in*  which  yuu   find    ten    i^itieaieii, 
appointed  by  two  peaceable  societies,  conven- 
ing upon  the  Jiubject  of  a  constitutional  rehxiii 
in  p.trliaraent,  ptiblishing  tlie  result  ol  their 
deliberations,  without  any  other  arms  thu 
one  supper-knife ;  which,  when  I  ciinie  to  the 
suhjfft  f'^'^rm'^j  [  will^  in  form,  !nv  !K»*i  "p^vol 
—Vet  for  this,  and  for  lhi»  aJuue,   yuo  i« 
asked  to  devote  the  prisou^r  befure  yuti,  mi 
his  iinfnrtUDate  asKiriates,  to  I  he  par&itfd 


rfttKodadi  find  coHectc^  re^kr  journals 
*  r  |MoceoditiT     *  ^^  Au^n  ihc  6ra  Report 
mn%  fiii»he4  tit  btd<»  Corpus   Acl 

iMfipimlrH  upon  «..v  '•'nuf  ll^e  faeU 

4SMIttifit<l  111  itf  there  ici  be   fuund, 

^iti  one  1  jui  t>i  It  to    I  r-vtn    flu'  tQ« 

'5)1  !  ^rm» ;  I  i  'irn* 

^t..  .;  31  ^TvAi  »'-,  ^  t  I  ibr 

til  ^)^&icins&te  part  of  tbe  piibJic,  and 

til i  iiiteriiilft  of  the  first  lieport  were 

UlMiiigbl  U>  tiiriii^h  btrt  ii  slender  argument  1o 
tupi^t  (»ucii  «  total  eclipiie  of  lihrrty.  No 
wonduf «  then,  that  the  discovery  of  n,  pike  in 
ilie  uitcrvitl  hi^twren  the  two  HeporUt  sHould 
hi      '  ' \  efttimateii  — 1  inean  oo  re* 

fl  ^^n^lefll,  and  tmfy  tiale  the 

itmittj^  a^  A  lit iin  of  jE^reit  wit  very  publicly 
tep«ited    it;— h<?    snid   that   the  discoverer^ 
,.   4,^-1    heboid    ti>o     long-looked  *ar 
]  sorted  beyotid  him»e)fwith 

ire* 

und  fkttnkt  k^r  Oodjor  ail  ker  trmcmii 


ep«ited 


1^ 
Pl. 

n 
oi 

111  consc^quencc  of  this  discovery,  whoever 
iDif!:Ul  hnvf*  \hr  merit  of  it,  mid  ivhatever  the 
di  r   h&ve  felt  upon   it,  peritonft 

V  .criiiijcnt  (and  properly  sent) 
iii  of  the  kini^dom  to  iove^ti- 
g  1  tbe  mi^duef;  the  fruit  of 
tiu>  inijuii  V  hii^  been  laid  before  you,  and  I 
pledge  my^lf  to  sum  up  the  evidence  which 
you  have  liad  upon  the  subject,  not  by  parts, 
QT  by  general  observations,  hut  in  the  same 
mannti  ii>,  the  Court  it^ It  most  "-mn  i!  np  to 
3<                 J  lays  the  whole  bor I  roof 

oil  ibr  d^cbmati  I  reach  anarchy,  T 

think   [  may  ftai*  u  that  it  has  fjcen 

difttinetiv  proved,  by  the  evidence,  that  the 
SllcffieUI  people  were  for  universal  represen- 
Htm  in  a  British  House  of  Commons.  This 
MpMtfv  to  have  been  the  general  sentiment, 
WWi  the  exception  of  one  ^vitne%s>  whose 
tMUoiony  niiikcs  the  truth  and  iHrnu  Jid4*  of 
Ij-f,.         .,..^....    J- ^.  ,^....,,.   .^-;!--,o;;  the  witnes* 

I  hose  evidence 

l...«..   ....,,   .t.  i; .  jr,„, ,_,   n, .  .,,p  to  be  a  pin- 

biutit,    honest  man,    and  by  the  by,   y,\ 
jiiuil  iifwr  be  forgotten  of  any  of  t()em,   i,.v 
i  toes*  — 1  ntn  not  interested  m  the 

VI  r  ;  nny  of  theiu,  tor  (»*»  1  have  fre- 
MMUiy  advertt  d  to)  the  Crown  muH  take 
4uNll  *or  better  for  wor^c  ; — it  must  support 

id  it>e  whole  body  of  its  evi< 

ii  ^Ifyou  do  Dot  t»olie\'e  the 

I     fruved  by  a  witnesft^  what 

II   I  tvc  in  p»rt  of  it,  or  what 

'  ronfide  in  ?^-I1  you  are 

ho    siiall    nicawire   the 

Agt;  Mr. 
Ue  boosts, 
titrwftNls 

......:.  i .;v, ..,.,:,    ,xiJii  1V1S  ia4>t 

firgi>iiig  tiiekosth  of  tb«  DuJicorUiolwiOlid; 


ol  \vi, 

icnce  I 


fiafic 


btit  tliat  all  tbe  other  AlieiEeld  pco^  were 
for  the  Duke's  plan ;  a  fiicl  con  finned  by  the 
cro&S' examination  of  every  one  of  ihe'wit- 
pr^i^rt.  ^N'tiu  have,  Ihcrefiirc,  positively  and 
upon  the  univer'^j.l  iuUhonty  uf  the 
»:  ..:,..  jt  the  Crown,  the  ^leople  ol  hhcrtcld, 
who  are  charged  a*  at  the  Jiead  of  a  republi- 
can conspiracy,  proved  to  be  associiittrd  on 
the  very  principles  which,  at  dit^'crent  tinief, 
have  distJiJguished  the  most  eminent  persons 
in  this  kingdom ;  and  the  charge  made  upon 
them,  wiiir  regard  to  arms,  ib  cleared  up  by 
the  same  universal  testimony. 

You  recollect  that,  at  a  meeting  lield  upon 
the  Castle-hill,  there  were  two  parlies  in  tUc 
country,  and  it  is  malerial  to  attend  tu  what 
these  two  parties  were.— In  consequence  ol 
the  King's  proclamation,  a  great  number  of 
honourable,  zealous  persons,  who  had  been 
led  by  a  tliuusand  artilices  to  believe,  tliat 
there  was  a  Just  cause  cf  alarm  in  the  country, 
took  very  ejctnu>rdinary  steps  for  support  of 
the  magistracy, — ^The  publicans  were  directeil 
not  to  entertain  persons  who  were  friendiy 
to  a  reform  of  Parliament;  and  alarms  of 
change  and  revolution  pervaded  the  country^ 
which  became  greater  and  greater,  as  our  ew^s 
were  hourly  assailed  with  the  successive  cala- 
mities of  France, — Others  saw  things  in  an 
opposite  iigbty  and  considered  that  these  cala* 
niities  were  made  the  pretcit  for  extinguish- 
ing British  liberty; — bcart-burning«  aroic 
between  the  two  parties ;  and  some,  I  am 
afraid  a  great  many,  wickedly  or  ignoraatly 
interposed  in  a  quarrel  which  ^eal  had  begim. 
— The  societies  were  disturbed  in  their  meet- 
ings, and  even  the  private  dwellings  of  many 
of  their  members  were  illegally  violated, — It 
appears  by  the  very  evidence  for  the  Crown> 
by  which  the  cause  must  sland  or  fall,  that 
many  of  the  friends  of  reform  were  daily  in- 
sulted,— their  houses  threatened  to  be  pulled 
down,  and  their  peaceable  meetings  bctsot  by 
pretended  magistrates,  without  the  process  of 
the  law. — ^Tbese  proceedings  natumlly  mig- 
getted  the  propriety  of  \va\  mg  arms  for  selT- 
defence,  the  first  and  most  unr^ueslionablc 
privilege  of  man.  in  or  out  of  socii ly »  and  ex- 
r"-"^*,ly  provided  for  by  the  very  jetttr  of 
lish  law, — It  was  ingeniously  put  by  tbe 
.,_:ued  Counsel,  in  the  examination  of  a 
witness,  that  it  wa»  compUincd  of  amon^^l 
them,  that  very  little  was  sufticietil  to  obtain 
a  warrant  from  some  magistrates,  and  that 
therefore  it  was  as  well  to  be  provided  for 
those  who  might  have  warrants  as  Ibr  tboAe 
who  had  none.  Gentlemen,  I  »tm  too  much 
exhausted  to  pursue  or  m  '  <Ktfer«n6e, 

ev«n  if  it  CMSted  upon  i  o,  liecauM 

if  the  Hocieties  in  questiou  c  nowever  mista* 
kenly)  considered  tb«tr  meell&g^  to  be  legaK 
and  ttie  warranit  to  dtftturh  Ihem  to  be  beyood 
the  authority  of  the  magistrate  to  grant,  they 
had  a  right,  at  the  peril  of  the  legal  oeme- 
cjuences,  to  stand  upon  their  defence  i  and  il 
ia  no  transgression  oftftie  law^  ewaK.^  VMa^M^ 


when  Uiey  Dassthe  bounds  ot  their  authorUy* 
So  much  for  the  geneml  evidence  of  arms ; 
and  the  6rst  and  last  lime  that  cveo  the  name 
of  the  prisoner  is  connected  with  the  subject, 
is  by  a  letter  he  received  from  a  person  of  the 
najDC  of  Davison.  I  am  anxious  that  this 
pirt  of  the  case  should  he  distinctly  under- 
stood,  and  1  will,  therefore,  bring  back  this 
letter  to  your  attention^  the  letter  is  as  follows: 

*^FrLtow-ciTizEN;^The  barefaced  aristo- 
cracy of  the  present  administration  has  made 
it  necessary  tliat  wc  should  be  prepared  to  act 
on  the  defensive,  against  any  atlacic  they  may 
command  their  newly  armed  minions  to  make 
upon  us,  A  plan  has  been  hit  upon,  and,  if 
encouraged  sufficiently,  will,  no  doubt,  have 
the  effect  of  furnishing  a  quantity  of  pikes  to 
the  patriots,  great  enough  to  make  tncm  for- 
midable. The  blades  are  made  of  steel,  tem- 
pered and  polished  after  an  approved  form. 
They  may  l>e  fixed  into  any  shafts  (but^r 
ones  are  recommended)  of  the  girt  of  the  ac- 
companying hoops  at  the  top  end,  and  about 
an  inch  more  at  the  bottom* 

**  The  blades  and  hoops  (more  than  which 
cannot  properly  be  seul  to  any  great  distance) 
will  be  charged  one  shilhng.  Money  to  be 
sent  with  tfe  orders. 

**  As  the  institution  is  in  its  infancy,  imrae- 
diale  encouragement  is  necessary. 

*'  Orders  may  he  sent  to  the  Secretary  of  the 
Sheffield  Contthutional  Society,  [Struck  ouL'] 
<*  Ilic  HAuo  Davison, 

**  Sheffield,  April  2^th,  1794." 

Gentlemen,  you  must  recollect  (for  if  it 
should  escape  you,  it  might  make  a  great  dif- 
ferencc)  that  Davison  directs  the  answer  lo 
this  letter  to  be  sent  lo  lloberl  Moody  at 
Sheffield,  to  prevent  post^fiice  susjjicion ; 
and  that  he  also  encloses  in  it  a  similar  one, 
which  Mr.  Hardy  was  lo  forward  lo  Norwich, 
in  order  that  the  society  at  that  place  might 
provide  pikes  for  them^lvcs,  in  the  same 
manner  that  Davison  was  recommending, 
through  Hardy,  to  the  people  of  London. 
Now  what  followed  uimn  the  prisoner's  receiv- 
ing this  letter?— It  is  in  evidence,  by  this 
very  Moody,  to  whom  the  answer  was  to  be 
sent,  and  who  was  c&amined  as  a  witness  by 
the  crown,  thai  he  never  received  any  answer 
to  ike  letter ;  and,  although  there  was  an  uni- 
versal seizure  of  papers,  no  such  letter,  nor 
any  other,  appeared  to  liave  been  written ; 
and,  what  is  more,  the  letter  to  Norwich, 
from  Davison,  enclosed  in  his  letter  to  Hardy, 
was  never  forwarded,  but  was  found  in  Ins 
custody  wlien  he  wtis  arrested,  three  weeks 
afterwards,  folded  up  in  tiie  other,  and  un- 
opened, as  he  received  it. — Good  God  !  what 
is  become  of  the  humane  sanctuary  of  Eng- 
lish justice --*w  here  is  the  sense  and  meaning 
of  the  term  proveabli/  \u  the  statute  of  king 
Edvraid^  if  such  evidence  can  be  received 
against  an  English  siibjeet,  on  a  trial  for  his 
lifef — If  a  man  writes  a  letlet  to  me  aboul 
pikes,  Qr  about  any  thing  else,  can  1  btV^  VxT 


— And  is  it  evidence  (except  to  acquit  me  of 
suspicion)  when  it  appears  that  siothiiif  is 
done  uiHjn  it  ?  Mr,  I  lardy  never  before  co^ 
responded  with  Davison— -he  never  desired  him 
to  write  to  him. — How  indeed  coald  he  de- 
sire him  when  his  very  eitisteoce  was  imknovn 
to  him? — He  nevtr  rcjuroeil  an  answer ;-> 
he  never  forwarded  theenclosed  lo  Norwich; 
— ^he  never  even  communicated  the  letter  it- 
self to  his  own  society 4  although  he  was  its 
secretary,  which  showed  he  considered  it  i» 
the  unauthorized,  officious  correspondeDoe  t/f 
a  private  man ; — ^lie  never  actea  upon  it  tt 
all,  nor  appears  to  have  regarded  it  as  dan^ 
ous  or  important,  since  he  neither  destrBjed 
nor  concealed  it.  Gcnllemeo,  1  dedaie  I 
hardly  know  in  what  languaige  lo  exf»re»  n? 
astonishment,  that  the  crown  can  a&W  yott  I9 
shed  the  blood  of  the  man  at  the  boi  vfta 
such  foundations.— Yet  this  is  the  whole  of 
the  written  evidence  concerning  arms :  for^ 
remainder  of  the  plot  rests,  for  its  fb<llIldatiol^ 
upon  the  parole  evidence,  the  whole  of  whidi 
I  shall  pursue  with  precision,  and  not  sudb  i 
link  of  the  chain  to  pass  unexamined. 

William  Camage  was  the  lir$t  witness :  be 
swore  that  the  Shcf^eld  societies  were  iie> 
quently  insuUcd,  and  threatened  to  be  dii> 
persed ;  so  thn^t  the  people  in  general  thcia^ 
It  necessary  to  defend  themselves  a^nstib- 
gal  attacks : — that  the  justices  having  offici- 
ously intruded  themselves  into  their  peace* 
able  and  legal  meetings,  they  thought  they 
had  a  right  to  be  armed  ;  hui  tb^v  fiiJ  pji 
claim  this  right  under  the  lau  t-,  orb^ 

theories  of  government,  but  a  _^fl  sri- 

JECTS,  under  the  govcrnmeni  of  EwoLiifD; 
for  they  say  in  their  paper,  which    has  been 
read  by  the  crown  that  would  condemn  them, 
that  they  were  entitled  by  the  Bill  of  Kiobts 
I  to  be  armed.    Gentlemen,  they  state  their 
j  title  truly.^ — ^The  preamble  of  that  statute  em- 
'  merates  the  ofi'ences  of  king   James  tod* 
'  amongst  tlie  chief  of  which  was,  his  caiMlflg 
his  subjects  to  be  disarmed,  and  then  our  is^ 
\  ccstors  claim  this  violated  right  as  their  inde- 
{  feasible  inheritance. — Let  us  therefore  be  caU' 
tious  how  we  rush  to  the  conclusion,  that 
men  are  plotting  treason  against  the  kin 
cause  they  are  asserting  a  right,  the 
of  which  has  been  adjudged  against  a  kiagl 
be  treason  against  the  people ;  and  let  us  1 
suppose  tliat  English  subjects  are  a  bandit  _ 
for  preparing  to  defend  their  legal  Ubertieswidt 
pikes,  because  pikes  may  have  been  a^idci^ 
tally  employed  in  another  country  to  deslioy 
both  liberty  and  law. — Carnage  says  be  was 
spoken  to  by  this  Davison  about  three  doien 
of  pikes — What  then  N-*Uc  is  tbe  CbowvV 

WITNESS,  whom    TflET    OFF^B    TO    TOO  AS   tBl 

WITNESS  OF  TRUTH^  snd  he  started  with  hontf 
at  the  idea  of  violence,  and  spoke  with  irisiMs 
reverence  for  the  kingj  saving,  God  forbid 
that  he  should  touch  him  ;  but  he,  ncveftb^* 
less,  had  a  pike  for  himself.  Indeed,  tbe 
ii\a.i\Uuess  with  which  he  avowed  it^  gaf^an 


957] 


Jut  likgh  Treason* 


A,  D.  179^ 


[958 


<jouU/*  says  lie,  "  I  hail  a  pik<r,  but  I  wouiti 

I'll  »-'v,.  ,.., t.i   >..  i,,...r  .  !>ictnber  of  the 

:  %  thjit  it  wa* 

ij  I,   to  frnpJoy 

I  ^  or 

it.  ■  ■     .      '    I   ^lar- 

liitmciit,  throitgh  the  inenfi!)  ot  liie  fTonveution 
oi  Kdinbnr^h,'  thinlatig  thai  llic  House  of 
Comn  'n  to  tbiH  expression  of 

the  gri  ^  of  the  people;  for  it 

httiJ  ucLi^  Lluuwij  out,  he  said,  in  parliament, 
Ihttt  liie  people  did  not  desire  it  themselves," 
■      htjsc  cifidence  I  have  al- 
r  1 1 ,  a  MHlate,  pkin  ^  sensi- 

hiu  iL.  u^u  of  his  afleclioD  to  the 

gove^^  I  of  the  insults  and  threats 

i%hirli  ;,«v,  ;...^.*  offered  to  the  people  of  Shef- 
field: he  fiays,  **  1  heard  of  arms  on  Ihe  Cas- 
t!r-f.ill.  Lilt' it  i^  fit  this  should  be  disUnclly 
•  1   hand- bill,  to  provokV 

uu  I        lUjde,  hiid  been  thrown 

ftboui  the  tuwa  in  liie  night,  whicti  caui»ed 
agitation  m  the  mindf  of  xhr  people ;  and  it 
y^  nkenof,  a^  right  of  every 

ii.  Luhavcari)  nee;  but  there 

wiis  no  i(Jc;i  ever  stalled  oi  rcjn*h«^%  mueh 
leaa  of  fittachtnif^  the  government,  I  never 
heard  of  surf       '  I  fear  God,"  snid  the 

witness,  "  i  r  the  king;  and  wmild 

Dot  have  cdi-D^n^i  to  scud  h  delegate  to 
Edinburgh,  but  for  pcuceublc  and  legal  ptir- 
poscs," 

The  next  evidence,  upon  the  subject  of 
inss,  b  what  is  proved  bv  Widdii^un,  to  which 
I  beg  your  particular  sittention,  he*au$e»  if 
there  be  any  reliance  upon  Ins  tet^tHnony,  it 
put*  an  end  to  every  criminal  imputation  upon 
Dsvi^'on,  Ihrmjgh  whom,  in  the  strange  ujan- 
'^b^ervedupoUy  Hardy  could  alone 
'  d. 
ijHN  liLin,  Widdison,  who  wa^  both  a  tnr- 
und  hiiir-<lresser,  and  who  dressed  Davi- 
Ts  hnir,  and  washismost  intiin  '  lin- 

ce,  c;ivcs  you  an  account  of  li  >u« 

riversationst"-  "  ♦'-     um|.i  l  *.*>  the 
3  it  is  inn  it  ihey  could 

«i"< ifi   '^  la  ;-  and  he  de- 

'th,  that  Davison, 
jc  ut  .luthority  of 
!iL'  same 
n  Socie* 
iiC  leUei  to  iiuidvpw/  /tt»  tmu  headf 
-'  erpraurd  if  ^  Etnd  tbal  he,  VViddi* 
hi  the  number  of 
.nn,  be   fiaid»  wn^ 


IP  ■■ 
I 

I 


cJ 

tin 
in 

11- 

U 

In 
1/ 

ii' 

|p 

Ki   .. 
iiuiall 

ll<ifVp*t  Pi^. 


Ml    tn'j    jMK'>    Tur  iaiCj 

•  n  and  a  hnlfp  and  one 

itlujut  conceiving  that 

I     Uw.    **  I  love  the 

.1-1  likli'h  IIS  :il    'J  iTiHn* 

I  he 

>i  if 

I  mc  pri* 
liescnta- 

l— fnfc  i>i.KR  Of  Rjcu* 

OKA.Y  ojgxtip*' 


Till <4  was  Ihe  witne«is  who  was  «hown  tha 
dukeS  letter,  and  spoke  to  it  aa  being  cij 
culated,  and  as  the  very  creed  of  the  socictie 
-^This  evidence  shows,  beyond  all  doubt,  th 
genuine  stntiments  of  these  people,  becaus 
It  consists  of  their  most  eonfiaential  eommt] 
nicaiions  with  one  another ;  and  the  only 
swer,  therefore,  that  can  possibly  be  given 
it  is,  that  the  witnesics,  who  deliver  it, 
imposing  upon  the  Court  — But  this  (as  1  hav| 
weaned  you  with  reiterating)  the  crown  can 
not  say:  for,  in  that  case,  I  heir  whole  proo^ 
falls  to  the  ground  together,  since  it  is  onlj 
from  the  same  witnesses  tlmt  the  very  cxisl^ 
encc  of  these  pikes  and  their  !•  "'^""^  ^ome 
before  us;    and,   if  you  su^i  ev* 

dencc  in  part ^  for  the  reasons  .U.^ .  . ,  ^.vcn,  \% 
must  be  in  toto  rejected.^ My  friend  is 
good  as  to  furnish  me  with  this  farther  ob^r 
valion,  that  Widdison  said  he  had  oftefl 
heard  those  who  called  themselves  arislocral 
say,  that  if  an  invasion  of  the  countr>*  shouli 
take  place,  they  would  bt  gin  with  destroy ii] 
their  enemies  at  home,  that  they  might  ' 
unanimous  in  the  defence  of  Ihetr  country. 

John  Hill  was  next  called:  he  is  a  cutle 
and  VkA%  employed  by  Davison  to   make  ih 
blades  for  the  pikes ;  he  saw  the  letler  whicll 
was  sent  to  Hardy,  and  knew  that  it  was  senlj 
lest  there  should  be  the  same  call  tor  dcfenc 
in  London  against  illegal  attacks  upon  tin 
societies ;  lor  that  at  Sheffield  they  were  daiiyJ 
insulted,  and  that  the  opposite  parly  camej 
to  his  own   house,  fired  muskets  under  th 
door,  and   threatened  to  pidl  it  down; 
swears  that  they  were,  to  a  man,  faithful 
the  king,  and  that  the  reform  proposed  was  i 
the  Commons  House  of  Parliament. 

John  Edwards  was  called,  larllier  to  con 
nect  the  prisoner  with  this  combination 
force :  but  »o  far  from  establishing  it,  he  swore 
upon    his    cross-examination,  that  hi»  onlj 
reason  for  going  to  Hardy's  was,  that    h< 
waQted  a  pike  for  his  own  defence,  without 
connexion  with  Davison,  or  with  Sheffield,  an4 
without  concert  or  correspondence  with  an| 
body.    He  had  heard,  he  said,  of  the  vii 
Jencesat  Sheffield,  and  of  the  pikes  that  ha 
been  made  there  for  defence  ;  that  Hardy,  on 
his  application,  showed  him  the  letter  whici] 
as  has  appeared,  he  never  showed  to  any  othe 
person, — ^This  is  the  whole  sum  and   sub 
stance  of  tlic  evidence  which  sppli*?^  to  tli^f 
chiirge  of  pikes,  after  the  '  Uion 

untler  Iht*  sanction,  and  I  irlii 

ire  wiuf  h,  so  iar  troru  es* 
mid  have  been  a  salisfi 
tr    nj    ^ilmost   any    ^    *'m  ny 
h  a  fact  could  have  I  -rte 

j.>,    ,  -    '-"  .u.',i-.-.i  i.r.w.  ,.  pn-^ 

sonr  I  Iwell 

upou   ...^    „   . 

caua*  the  wh> 

aniwer  \u  \\u 

chcii  f  1 

won  J 

dcnce  1^^^*^*=^*  iv^^aik  vW^  \\jb\.v\,   \>ax\is? 


t  It  IS  the  compkt 

it   which  even  a  fra 


950]         S5  GEORGE  III. 

sources,  which  the  crown  was  driven  to,  for 
the  necessary  foundation  of  the  proceedings 
before  vou,  it  has  been  simple,— uniform, — 
natural,  and  consistent ;  and  that  whenever  a 
different  complexion  was  to  be  given  to  it,  it 
was  only  through  the  medium  of  spies  and 
informers,  and  of  men,  independently  of  their 
infamous  trade,  of  the  most  abandoned  and 
profligate  characters. 

Before  I  advert  to  what  has  been  sworn  by 
thb  description  of  persons,  I  will  eive  you  a 
wholesome  caution  concerning  uiem,  and, 
hftving  no  eloquence  of  my  own  to  enforce  it, 
I  will  give  it  to  you  in  the  language  of  tlie 
same  gentleman  whose  works  are  always 
seasonable,  when  moral  or  politiqal  lessons 
are  to  be  rendered  delightful.  Look  then  at 
the  picture  of  society,  as  Mr.  Burke  has  drawn 
it|  under  the  dominion  of  spies  and  informers: 
I  say  under  their  dominum^  for  a  resort  to 

Sies  may,  on  occasions,  be  justifiable,  and 
eir  evidence,  when  confirmed,  may  deserve 
implicit  credit:  but  I  say  under  tlic  dominion 
of  spies  and  informers,  because  the  case  of  the 
crown  must  stand  alone  upon  their  evidence, 
and  upon  their  evidence,  not  only  unconfirm- 
ed, but  in  direct  cwUradiction  to  every  srt/raen, 
not  an  informer  or  m  gpy^  and  in  a  case  too 
where  the  truth,  whatever  it  is,  lies  within  the 
knowledge  of  forty  or  fif\y  thousand  people. 
Mr.  Burke  says — I  believe  I  can  remember  it 
without  reference  to  the  book. 

"  A  mercenary  informer  knows  no  distinc- 
tion. Under  such  a  system,  the  obnoxious 
people  are  slaves,  not  only  to  the  goveinment, 
but  they  live  at  the  mercy  of  every  individual ; 
they  are  at  once  the  slaves  of  the  whole  com- 
munity, and  of  every  part  of  it;  and  the 
worst  and  most  unmerciful  men  are  those  on 
whose  goodness  they  most  depend. 

^'  In  this  situation  men  not  only  shrink 
from  the  frowns  of  a  stem  magistrate,  but 
are  obliged  to  fly  from  their  very  species.  The 
seeds  of  destruction  are  sown  in  civil  inter- 
GOtu-seand  in  social  habitudes. — ^I'he  blood 
of  wholesome  kindred  is  infected. — The  tables 
and  beds  are  surrounded  with  snares.  All 
the  means  given  by  Providence  to  make  life 
safe  and  comfortable,  are  perverted  into  instru- 
ments of  terror  and  torment. — ^This  species  of 
universal  subserviency  that  makes  the  very 
servant  who  waits  behind  your  chair,  the  ar- 
biter of  your -life  and  fortune,  has  such  a  ten- 
dency to  degrade  and  abase  mankind,  and  to 
deprive  them  of  that  assured  and  liberal  state 
of  mind  which  alone  can  make  us  what  we 
ought  to  be,  that  £  vow  to  God,  I  would 
sooner  bring  myself  to  put  a  man  to  immedi- 
ate death  for  opinions  I  disliked,  and  so  to  get 
rid  of  the  man  and  his  opinions  at  once,  than 
to  fret  him  with  a  feverish  being,  tainted  with 
the  gaol  distemper  of  a  contagious  servitude, 
to  keep  him  above  ground,  an  animated  mass 
of  putrefiution,  corrupted  himself,  and  cor- 
rupting aU  about  him." 

Gentlemen,  let  me  bring  to  your  recolleo- 
tioii  the  deportment  of  the  first  of  thu  Uibe^ 


Trial  qfTKmat  Hardy 


[960 


Mr.  Alexalider,— who  could  not  in  half  an 
hour  even  tell  where  he  had  lived,  or  why  bo 
had  left  his  master^ — Does  any  man  Ueueve 
that  he  had  foreotten  these  most  recent  tnms- 
actions  of  his  Fife  ?  Certainly  not — but  his 
history  would  have  undone  his  credit,  ud 
must  therefore  be  concealed  — He  had  Hnd 
with  a  linen  draper,  whose  address  -we  could 
scarcely  get  from  him,  and  they  had  parted 
because  they  had  words: — What  were  tiio 
words?  We  were  not  to  be  told  that.— Ht 
then  went  to  a  Mr.  Kellerby's,  who  agreed 
with  him  at  twentv-five  guineas  a  year. — Why 
did  he  not  stay  there  ? — He  was  obliged,  it 
seems,  to  give  up  his  lucrative  agreement,  b^ 
cause  he  was  obliged  to  attend  here  as  a  wit- 
ness.— Gentlemen,  Mr.  Kellerby  lives  only  m. 
Uolborn,  and  was  he  obliged  to  give  up  a  per- 
manent engagement  with  a  tradesman  in  Hoi* 
bom,  because  he  was  obliged  to  be  absent  at 
the  Old  Bailey  for  five  minutes  in  one  sinrie 
day?  I  asked  him  if  he  had  toldMr.  White,  Uis 
solkitor  for  the  Treasury,  who  would  not  have 
been  so  cruel  as  to  deprive  a  man  of  his  bread 
by  keeping  him  upon  attendance  which  might 
have  been  avoided  by  a  particular  notice.— 
The  thing  spoke  for  itseU^he  had  never  told 
Mr.  White  :  but  had  he  ever  tok)  Mr.  Kel- 
lerby ?  for  how  else  could  he  know  that  his 
place  was  inconsistent  with  his  engagement 
upon  this  trial  ?  No,  he  luul  never  told  him! 
— How  then  did  he  collect  that  his  place  was 
inconsistent  with  his  duty  here?  This  ques- 
tion never  received  anv  answer. — ^You  saw 
how  he  dealt  with  it,  and  how  he  stood  stam- 
mering, not  daring  to  lif\  up  his  countenance 
in  any  direction, — ^.confused,— disconcerted,— 
and  confoimdcd. 

Driven  from  the  accusation  upon  the  sub- 
ject of  pikes,  and  even  from  the  very  colour 
of  accusation,  and  knowing  that  nothing  was 
to  be  done  without  the  proof  of  arms,  we 
have  got  this  miserable,  soHtary  knife,  held 
up  to  us  as  the  engine  which  was  to  destroy 
the  constitution  of  this  country;  and  Mr. 
Gro\-es,  an  Old  Bailey  solicitor,  employed  u 
a  spy  upon  the  occasion,  has  been  selected  to 
giveprobability  to  this  monstrous  absurdity, 
by  his  respectable  evidence.— I  understand 
that  tliis  same  gentleman  has  carried  his  sys- 
tem of  spying  to  such  a  pitch  as  to  practise  it 
since  this  unfortimate  man  has  been  stinding 
a  prisoner  before  you,  proflfierino;  himself,  as  • 
friend,  to  the  committee  prepaung  his  defence 
that  he  might  discover  to  the  crown  the  ma- 
terials by  which  he  meant  to  do  fend  his  life. 
— I  state  this  only  from  report,  and  I  hope  in 
God  1  am  mistaken ;  for  hum  in  nature  starts 
back  appalled  trom  such  atrocity,  and  shinnks 
and  trembles  at  the  very  statement  of  it-*- 
Ikit  as  to  the  perjury  of  this  miscreool,  it  will 
appear  palpable  lieyond  all  question,  an4  ha 
shall  answer  for  it  in  due  seaeon.  U» 
you  he  attended  at  Chalk  Vmm 
there,  forsooth,  amoaaat 
thousand  ptiWMui 


fHil-i 


Jkr  High  Treaion* 


A.  D.  179i; 


[9G8 


seen  many  more,  as  liardly  any  man  goes 
without  a  knife  of  some  sort  in  his  pocket.-^ 
lie  asked,  however,  it  seems,  where  they  got 
.'these  knives,  and  was  directed  to  Green,  a 
hair-drcsser,  who  deals  besides  in  cutiery; 
and  acairdingly  this  notable  Mr.  Groves  went 
(as  he  told  us)  to  Green's,  and  asked  to  pur- 
chase a  knife  ;  when  Green  in  answer  to  him 
said,  <*  spedk  low,  fur  my  wife  is  a  damird 
aristocral.'* — This  answer  was  sworn  to  by  the 
wretch,  to  ^ive  yuu  the  idea  that  Green,  who 
had  the  knives  to  sell,  was  conscious  that  he 
kept  them  for  an  illegal  and  wicked  purpose, 
and  that  they  were  not  to  be  sold  in  public. 
—The  door,  he  suys,  being  a  jar,  the  man  de- 
sired him  to  speak  low,  from  whence  he  would 
liave  you  understand  that  it  was  because  this 
aristt)€ratlc  wife  was  within  hearing. — ^This, 
gentlemen,  is  the  ttstimony  of  Groves,  and 
Green  himself  is  called  as  the  next  witness ; 
and  called  b^  whom  ?  Not  by  me^l  know 
nothing  of  him,  he  is  the  crowu*sown  witness. 
— lie  is  called  to  confirm  Gn)ve's  evidence ; 
but  not  being  a  »pif,  he  declared  solemnly  upon 
his  outh,  and  I  c  an  confirm  his  evidi  nee  by 
several  respectable  people,  that  the  knives  in 
question  lie  constantly,  and  lay  then,  in  his 
open  shop-window,  in  what  is  called  the  show 
glass,  where  cutlers,  like  other  tradesmen,  ex- 
pose their  ware  to  public  view ;  and  that  the 
knives  ditTer  in  notliinv  from  others  publicly 
sold  in  the  Strand,  and  every  other  street  in 
London;— that  he  bespoke  them  from  a  rider, 
who  came  round  fur  orders  in  the  u.-«ual  way  ; 
iliat  he  sold  only  t'ourleen  in  all,  and  that  they 
were  made  up  in  little  packct^,  one  of  which 
]Mr.  Hardy  hud,  who  was  to  choose  one  for 
himself,  but  four  more  were  found  in  his  pos- 
session, because  he  was  arrested  before  Green 
had  an  opportunity  ol  sending  tor  tiiem. 

Gentlemen,  I  tliink  the  pikes  and  knives 
arc  now  completely  disposed  of;  but  something 
was  said  also  about  gu'is ;  let  us,  ther6fore, 
see  what  that  aniuunts  to. — Ll  appears  that 
Mr.  iiardy  was  applied  to  by  Samuel  Wil- 
liams, a  gun- engraver,  who  was  not  even  a 
member  of  any  sdciciy,  and  who  asked  him 
if  he  knew  any  body  who  wanted  a  gun — 
Hardy  ^aid  he  did  not;  and  undoubtedly  ui>on 
the  crown's  tiwn  showing,  it  nuir^l  be  taken 
for  granted  that  if  at  tliat  time  he  had  been 
acquainted  with  any  plan  of  arming,  he  would 
have  given  a  diHmiil  answer,  and  would 
liave  jumped  at  the  otVcr : — about  a  fortnight 
aAcrwards,  however  (Iiardy  in  the  interval 
havhig  become  acquainted  with  Franklow), 
'Williams  called  lo  buy  a  pair  of  shoes,  and 
then  Hardy, recollecting  his  former  a |>pli cation 
referred  him  to  l  rank  low,  wliu  had  in  the 
most  pubhc  manner  rai:^ed  the  forty  men,  who 
were  called  the  ijoyjl  Lambeth  Association : — 
io  that,  in  order  to  give  this  transaction  any 
IjMrmgnpun  tlie  charge,  it  became  necessary 
■suier  FrauklowS  association  as  an  armed 
■OMiutthti  guvcrumcDt;— liiough 
~  ••ho  compoiod  ii  wera  cqU 
iaqnent;— UvNiil^ 


th^  were  enrolled  under  public  articles ; — 
and  though  Franklow  himself,  as  appears 
from  the  evidence,  attended  publicly  at  the 
Globe  tavern  in  his  uniform,  whilst  the  car- 
touch  boxes  and  the  other  accoirtre.nents  of 
these  secret  conspirattjrs  lay  publicly  upon 
his  shop  board,  exposed  to  the  o^ien  view  of 
all  his  customers  and  neighbours.  This  story, 
therefore,  is  not  less  contemptible  than  that 
which  >ou  must  have  all  heard  concerning 
Mr.  Walker,*  whom  I  went  to  di'fend  at 
Lancaster,  where  that  respectable  gentleman 
was  brought  to  trial  upon  such  a  trumped  up 
charge,  supported  by  the  solitary  evidence  of 
one  Dunn,  a  most  infamous  witness:  but 
what  was  the  end  of  that  prosecution?  -I  re- 
collect it  to  the  honour  of  my  friend,  Mr. 
Law,  who  conducted  it  for  the  crown,  who, 
knowing  that  there  were  persons  wbo}<c  pas- 
sions were  agitated  upon  these  subjects  at 
that  moment,  and  that  many  pers(»ns  liad  en- 
rolled themselves  in  socicLies  to  resist  conspi- 
racies against  the  government,  beliaved  in  a 
most  manly  and  honourable  manner,  in  a 
manner,  indeed,  which  the  public  ou^lit  to 
know,'and  which  I  hope  it  never  will  forget : 
he  would  not  even  put  me  upon  my  chalieiiges 
to  such  persons,  but  withdrew  th(-m  from  the 
panel ;  and  when  he  saw  the  complexion  of 
the  ai^ir,  from  the  contradiction  ol  the  infa- 
mous witness  whose  testimony  supported  it, 
he  honimrably  gave  up  the  cause.  .   . 

Gentlemen,  the  evidence  of  Lynam  does 
not  require  the  same  contradiction  which  felt 
upon  Mr.  Groves,  because  it  destroys  itself  by 
its  own  intrinsic  inconsistency ;— i  ( onld  not, 
indeed,  if  it  were  to  save  my  life,  underiake  to 
state  it  to  you. — It  lasted,  I  think,  about  sis 
or  seven  hours,  but  i  have  marked  under 
different  parts  of  it,  passages  mj  grossly  con- 
tradictory, matter  so  im|>ossible,  so  iiMunsis- 
tent  with  any  course  of  conduct,  that  it  will 
be  sulHcient  to  bring  these  part<«  to  your  view, 
to  destroy  all  the  rest.  But  let  us  tirst  exa- 
mine in  what  manner  this  matter,  such  as  it 
is,  was  rceorde<l.—  lie  professeil  to  speak  from 
notes,  yet  1  observed  him  frequently  looking 
up  to  the  ceiling  whilst  he  was  speakinz  ;— 
when  1  said  to  him,  Are  you  now  speaking 
from  a  note  i  Have  you  got  any  note  of  what 
you  are  now  saying?  he  answered;  Oh  no, 
I  this  is  from  nicollection. — Good  God  Al- 
I  mighty!  recollection  mixing  itself  wiih  notes 
in  a  case  of  high  trea'^oii  i— He  di«l  not  even 
■  take  down  the  wonls-nav.  to  do  the  man 
justice,  he  did  not  even  atl'eet  to  have  takers 
.the  words,  but  only  the  substmce.  as  he  him- 
:  self  expressed  it — O  Kxcti.i.rNi  r.vii>r.\ei.  !-^ 

,  ThL  ?»UBSTANCK  of  won  OS  TAKEN  IHiWN  UY  K 
,  SI»Y,    AND  Si;PIM.Ii:i»,  WIII.N   lil.Fr.CTIvr,  bY   HIS 

,  MtMouY.  But  I  must  not  ndt  iiiin  a  >py  ;  for 
it  seems  ho  took  them  fnuia  fide  .ts  a  delegate, 
and  yet  himn  fide  as  an  informer;— wlwt  a 
happy  combination  of  fidelity  !  faithful  to 
serve,  and  faithhil  lo  betray  I— correct  lo  rc- 


3Q 


»  Sco  \u*  UiaXVoV  ^^>^. \^^V 


MS] 


S5  GBOROB  m. 


Trial  ^  Thmm  Hardy 


ff« 


•eard  for  the  business  bf  the  ioci^,  and  cor* 
reet  to  dissolve  and  tu  punish  it ! — ^What  ailer 
all  do  the  notes  jlmoun t  to  ^  I '  'will  adtert  Co 
the  parts  I  alluded  to — they  were;  it'  seeoi^ 
tD  go^to  Frith^treet,  to  sign  the  Dedaratioa 
of'the  Triends  of  the  Liberty  tjf  the  Press, 
which  lay  there  ^Ifeady  signed  by  between 
t3»enty  and  thirty  memSers  df  the  House  of 
Gotemons,  and  many  other  respectabliti  and 
opiilent  men,  and  then  they  wer^  to  begin 
clvN  confusion,  and'the  king's  head  and  Mr. 
PitVs  were  to  be  placed  onllemple-bur. — In>- 
mediatety  after  which  Wfe'fiud  tnem  resolving 
unanimously  to  thfmk  Mr'.  Wharton  for  his 
speech  to  support  the  glorious  Revolution  of 
-J088,  which  supports  the  very  throne  that 
WJM  to  be  deettroyed!  which  same  speech 
they  were  to  ci^cCilate  in  thousands  for  the 
use  of  the 'societies  throughout  the  kingdom. 
— Such  incoherent,  impossible  Matter,  pro- 
ceeding from  such' a  sdUrce,  is  unworthy  of  all 
farther  toncern. 

Thiis  driven  out  of  every  thing  which  re- 
lates to  arms,  and  from  every  oUier  matter 
•which  can  possibly  aittach  upon  lifV^  fhe^ 
have  recour^  to  ah  expedient,  whic*h,  I  <de- 
ctare,  fills  my  mind  with  horroratidtetVor :'  it 
is  this— The  (.'orrcspdnding  Society  had  (you 
rect)l!ect),  two  years  before,  sent  delegates  to 
Scotland,  with  specific  instruction'^,  AeaceabTy 
16  pursue  a  parliamentary  reform ; — vrhen'tlie 
convention  Which  they  were  sent  to  was  dis- 
j««cd,  they  sent  no  Others^for  they  were 
arrested  when  only  considering  of  the  pro- 
priety of  another  convention.  It  happened 
that' Mr.  Hardy  was  the  secretary  during  the 
pibriftd'  of  these  Scotch  proceedin^i^,  and  the 
letters  consequently  written  by  him,  during 
that  period,  were  alloiiicial  letters  from  a  large 
body  circulated  by  him  in  poiiitof  form.  When 
theproposiiiun  took  place  for  calling  a  second 
Convention,  Mr.  Hardy  continued  to  be  se- 
cretary, and  in  that  character,  sicned  the  cir- 
culJir  lellcr  rekd  in  the  evidence  for  the  crown, 
which  appears  to  have  found  its  way,  in  the 
course  ol  circulation,  into  Scotland.  This 
single  circumstance  has  been  admitted  as  the  i 
foundation  of  receiving  in  evidence  against  i 
th<  prisoner,  a  lon^  transaction  imputed  to  i 
one  Watt,*  at  Edinburgh,  whose  very  exist-  I 
ente'Was  unknown  to"  Hardy— This  Walt 
hid  been  employed  by  government  as  a  spy,  ; 
b<ft  at  lafit  caught  a  Tartar  in  his  spyship ; 
for;' in  endeavoming  to  urge  innocent  men  to 
a  f^oicct,  which  never  entered  into  their  ima- 
ginaUonfi,  he  was  ohitged  to  show  himself 
r<^dy  te  do  whait  he  recomihended  to  others ; 
and  'the  tables  bfcing  turned  upon  him,  he 
waoi  hanged  by  his  employerii. — This  man 
Watt  read  frorti  a  paper  designs  to  be  ac- 
o^mpltshed,  but  which  he  never  intended  to 
attempt,  and  the  success  of  which  he  knew 
to  be  visionary. — ^Tip  siippose  that  Great  Bri- 
tain''cbilld  have 'been  destroyed  by  sucli  a 
rebel  aft  Watt,  would  be,'  as  Dr.  Johnsdnsaya, 

« j>0e  Hb  casfl^  iuMf,  VoL  sk,  ^.  Iter. 


to  expeet  thatna  (real  citv  migbl  be  dinaWM 
by  the  overflowing  of  its  keimela.  Bat  what- 
ever m%ht  bfe  the  p^l  of  WflU^  ood^'  ' 
what  had  HatdV m  do  whh  it?.'  The' 
with  Watt  were  five  or  aia  fienom^ 
unknown  to  Hardy,  and  not  ntembera'  ofi 
society  of  which' Mr.  Hardy  was  '•  nMAb 
I  vow  to  God,  therefore^  that  I  cumotelflN 
what  I  feel,  when  I  am  obligfed  lo  stai»'l8l 
evidence  by  M'bich  he  is  toiitfit  to  beaiUlil. 
— A  letter,  via.  the  circular  iettar  tigaed  M 
Hardy  for  calltes  aiibthcr  cmiventidDL"'-ft 
shown  to  George  Itosa^  Who  nyalia  temtii 
it  from  one  Stock,  who  belMiged  to'  i  aooaQr 
which  met  in  Nicholson -stfe^et.  in  fidodbMrir. 
and  that  he  settt  it  to  Pntti,  StrMhciK 
Paisley,  and  other  pUoes  iA' 3cotiaiid ;  iM 
the  single  uiiconMGted  evidence  of  thia  taii^ 
lie  letter,  finding  its  way  into  Scotland 'Ik 
made  the  foundation  of  letting  in  the  wHoli 
evidence,  whi^h  hanged  W«tt,a9aifi8tGbi4f» 
who  never  knew  him.— Geveminent  ha^al 
its' own  spy  in  Scdtland  upon  thia  evidtecK 
and  it  may  be  sufficient  evidence  for  An 
purpose :  I  will  not  argue  tfie  case'of  ia  daad 
man,  and,  above  all.  of  such  ateao;  biitl 
will  say,  that  too  much  money  was  spent  xt^ 
this  performance,  as  I  think  it  cost  govern* 
ment  about  fifty  thousand  pounds.— >M*fiiriA 
says,  that  vVatt  read  from  a  oaper  lo  if  ednl^ 
obittee  of  six  or  seven  people,  of  whkh*  hL 
the  witness,  was  a  roeinDer,  that  gentlemei^ 
residihg  in  the  country,  were  not  to  leave 
their  habitations,  under  piun  of  dcsatb ;  tbit 
an  attack  was  to  be  made  in  the  tnanner  yea 
remember,  and  that  the  lord  justice  ClerK^ 
and  the  judges,  were  to  be  cut  off  by  these 
men  in  buckram ;  and  then- an  address  was 
to  be  Kent  to  the  king,  desiring  him  to  dis- 
miss his  ministers  and  to  put  an  end  to  thfc 
war,  or  that  he  might  expect  had  conse- 
qiiences.  What  is  all  this  to  Ma. 
Hardy?  How  is  it  possible  to  affect  lis 
with  any  part  of  this  ?  Hear  the  seouel,  and 
then  judge  for  yourselves.— Mr.  Watt  said 
(%.  r.  the  man  who  is  hanged,  said),  after 
reading  the  paper,  that  he,  Watt,  wished  to 
correspond  with  Mr.  Hardy  in  a  safe  manner; 
— so  that  because  a  ruffian  and  a  scoundftl^ 
whom  I  never  saw  or  heard  of,  chooses,  at 
the  distance  of  four  hundred  miles,  to  aij, 
that  he  wUhet  to  correspond  with  me,  I  am  If 
be  involved  in  the  guilt  of  his  actions  I  It  b 
not  pro&'ed,  or  insmuated,  that  Mr.  Hard? 
ever  saw,  or  heard  of,  or  knew,  tbat  socb 
men  were  in  being  as  VVatt  or  Dowrne : — ildr 
is  it  proved,  or  asserted,  that  any  letter  wai^ 
in  fact,  written  by  either  of  them  to'  Harder, 
or  to  any  other  person. — No  such  letter  has 
been  foimd  in  his  possession,  nor  a  trace  uf 
any  connexion  between  them  and  any  mc 
her  of  any  Enghsh  society  ;-^he  truth  IJ 
lieve  is,  that  nothing  was  intended  ' 
but  to  entrap  others  to  obt^  a 
himselfy  awl  Ae  Aat  fan  awafc''*^*' 


Gentldnckvl 
alodd  lo  be  maUng  nd"  iitii 


Jm  High  Treaton* 

t^-»I  las%  vi»hcd*  throughout  the  whole 

Ause,  that  good  in  cent  ions  may  be  tmpuUil 

it,  but  I  reaJlv  confe&Sf  ttmt  U  requires 

Dtnc  ingenuity*  tur  >-  •  r-  -  vrni  lo  fMiiuitnt 

tli€     original  of    all     thin 

[}»tor>',   ami    its   ftulc^  i^-.t  application   lo 

ho   prc^Kot    iTJiiK       they    went    *luw»    to 

otlandf  idiu  the  mrreftt  ot  t))e    prisoners, 

4>rd«r,    1    fiippuse,   thut   we    mmht    be 

|ugKt  the  law  oi  bijzh  treason  by  the  lord 

Aticc  rierk  of  Edinburgh,  and  tiiat  there 

ould  be  a  (>ort  of  rclickifMl  to  tcdcli  the 


A.  D-  n94v 


fS 


opie   «>f  £nj;laiid    to  a 
pw&;  foi",  after  i*ll  this  < 
Itionf  no 
Veo  anaiL 

Scotland t  (• 
^iDg  thill  pa, 


ave  been 
tJaw  111 


r    En;;ht>h 

ul   prepa« 

II    iii'j  trial,  nor 

jI  conimisi^ioo 

.    one  for 

1  not  di&- 

.1 .    iind»  with 

^e  person,  the 

,  .  .  it  would  indeed 

mdaious,  lo  execute 

enlkraan  upon  his 

1   tlijtn  Convict 

i  ition  of  mercy, 

!  be  Mak  only  hi  ought  ovtir  iu  join  in  tho 

id  let,  under  thf-  idcut  I  hat  he  would  not  be 

cut^d^  and  :(r  he  lia^  not  nutfered 

Jicculion,     if  I  ^en,  was  an  object 

cy,  or  t:a'  ,   "        '    !     was 

^*ery  roo  i  ilis- 

the    nrop^y^'Sti*'!!,    njiuu     wuji     |M;^slblc 

I  can  tncy  denvand  ll»e  life  ot  tlic  pn- 
■  at  the  bar^  on  iiccount  of  a  connexion 

the  very  latne    individual,  though    he 

corretfHfnded  ufUh  ktm^  nor  iaw  htm^  nor 
1;^'  him^^a  who*c  very  Uing  he  umt  an 

intn^tr  f 

lit^emcn,  it  is  impossible  for  me  to 
what  impreshion  tiiif  ob»erv;iiion 
tipon  you»  or  upon  the  Court;  but  I 

I I  am  deeply  impre ^^^^ed  with  the  ap. 
^Q  of  it  — IloH  !  uj  defend  him- 

uuat  auch   iti  ,  of  g:in)tP  — 

Tof  uiull  wonid   hG  sjie>  standing  at 
I  bar  of  Uod  or  nian,  if  he  were  even  to 
Jbroll   hi  "xpres-sions,   without 

J  upon  bin  '  t»  or  rashnesses  of 

I  f    Tliif^  !*■-'.  ki.^*i»  ii44»  indeed,  none  of 
i  €wn  to  answer  for :  yet  how  can  he  stand 
^ ill  judgment  before  you,  if,  in  a  season 
I  aitdngitiition^with  the  whole  pre ;>$ure 
nme nt  upon  him^ywir  minds  are  to  be 
(ted  with  crimiuiitiag  niaterials  brought 
•o  many  qu^irters,  and  of  an   extent 
'^mockaall  power  of  discrimination  ? — 
oiiM^ioui  that  I  have  not  adverted  to 
blivandth  part  of  them ;  yet  I  am  sink> 
Oallguc  itud  weakness,— r  am  at 
^Deiii  Karcely  able  to  atand  up  wbiUl 
liifig  to  yoii»  deprived  at  I  have 
(^latogett ->  -'  -^'v  thing  thai 
iJlpfi^e  of  comfort* 

T-£r>**  hn^trn,  ,..,,..  j,^^  ;  iiwg?  Jit 
Ton  once  apin  of  the  grcii 
Kiich  aU  J  luvf  b<cD  aaying 


Gentleoiefip  my  whole  argument  th 
amounts  to  no  more  tliun  tins  that  befoi 
the  crime  ot  compus^nig  Tll^   kikoS  utAt 

CHO  be  tnMT"  '  f-'-  ^  •    *^         if/,  whose  proviH 
it  is  to  j!.  U  miibt  be 

lievfd  bj^ y..,  Lv,  ..^vL  ;,  .,.,w4  in  point  of  fw 
— Before  you  can  Bdju<lge  a  f*ct,  you  m 
Mieve  U — iiot  su&peclil— or  huagine  it, 
iskncy  it,— Bi/T  a£Lj£VE  jt  ; — and  it  is  imp 
bibie  to  imnress  the  tuinmn  mind  witli  «^u^ 
a  reasoniibic  :t:  il  behcf,  at  h  nec^ 

aary  lo  be  in^  oJore  a  cbnstian  ma 

can  a<^ljudge  hi:^  nc^gttbour  to  the  smallest  i 
nalty,  much  le>s  to  the  pauis  of  dearh,  wit 
out  having  such  evidence  a$  a  reasonab 
mind  will  accept  of,  as  the  infallible  te^t 
truth.  And  what  is  that  evidence  f — Ncith 
more  nor  les^s  than  that  which  the  con^Utl 
tion  has  €iitabh!>hed  in  the  court*  for  the  i 
neral  administration  of  justice ;  namely*  that 

the  f-viiiiMirf  rofivinceS    \\^f'    inrv      hfAfififl    all 

rca  ubt,  that  U 

con^         I   ^  ihe  crime,  i  i 

the  man  up<m  trial,  and  was  the  main  sprifl 
of  his  conduct*  The  rules  of  evidence,  ^ 
they  itre  settled  by  law,  and  adopted  in  ] 
general  administration,  are  not  to  be  oyc^ 
ruled  or  tampered  with. — ^They  are  found* 
in  the  chariucs  of  religion — in  the  philosopb 
of  nature — in  the  truths  of  history,  ancl  j 
the  experience  of  common  life;  and  whoev| 
ventures  rashly  to  depart  from  them,  let  h'u 
remember  that  it  will  be  meted  to  him  in  it 
same  measure,  and  that  both  God  and  mi 
willjudge  him  arcurdingly. — These  are  arg 
meats  addressed  to  your  re.tAUT*  m^^I  ..> 
sciences,  not  to  be  shaken  \d  <lj 

by  any  precedenl|  for  no  preo. 
uf^  iiyustirc  j-^il  they  could,  every  hum^ 
right  would  long  ago  have  beeu  extinct  u(j 
the  earth.— If  the  stale  trials  in  bad  tin 
arc  to  be  searched  for  precedents,  what  mu 
ders  may  you  not  commit;  —  what  law 
humanity  may  you  not  trample  upon ; — ^wt 
rule  of  justice  may  yon  not  violate;— an 
wh^t  maxim  of  w.se   policy  may  you    i' 
ubrugatc  and   confound?     if     "       '  i^ts 
bad  times  are  to  l»e  imphtiti  .  wi] 

should  we  have  heard  any  r  *    ^Elf 

You  rai»ht  have  conviclcd  \ 
dencc,  tor  mafiv  hiv*  ht  en  ^  . 
in  this  man nti 
liament.     U  \n 
be  followed,  why  Nhould  the  i 
mon%  have  inve^lii;ate*l  the- 
the  crown  have  put  Uicm  into  Uua  cour^^j 
judicial  trial  ?  since,  without  Mirh  »  trial,  ai 


IS  live  spurs  of 


See  il,  witl, \ oV  y^  p,  \»*- 


967] 


35  GEORGE  III. 


joccasions  were  blunted,  were  repealed  and 
execrated  even  l»y  parliaments,  wliicli,  little 
as  I  may  think  of  tlic  present,  ought  not  to 
be  compared  with  it:  parliaments  sitting  in 
tlic  darkness  of  former  times,— in  llie  night 
of  frorrUiin,— before  the  principles  of  govern- 
ment were  developed,  and  before  the  consti- 
tution became  fixed. —The  last  of  these  pre- 
cedent?*, and  all  the  proceedings  upon  it,  were 
ordered  to  he  taken  oft'  the  file  and  burnt,  to 
the  intent  that  the  same  might  no  longer  be 
visible  in  after  ages :  an  order  dictated,  no 
doubt,  by  a  pious  tenderness  for  national  ho- 
nour, und  meant  as  a  charitable  covering  for 
the  crinics  of  our  fathers. — But  it  was  a  sin 
against  ]U)tteriiy;  it  was  a  treason  against 
society, — for,  insteafi  of  commanding  them  to 
be  burnt  tliey  should  rather  have  directed 
them  to  he  blazoned  in  lar^e  letters  upon  the 
wall^  of  our  courts  of  jiistice,  that,  like  the 
characters  deryphered  iby  the  prophet  of  God, 
to  the  l'a»iti'rn  tyrant,  they  might  enlarge 
and  hiacken  in  your  sights,  to  terrify  you 
from  ai  ts  of  injustice. 

In  times,  when  the  whole  habitable  earth 
is  in  a  state  of  rhango  and  fluctuation, — when 
deserts  are  starting  up  into  civilized  empires 
around  you,— and  when  men,  no  lonij^er  slaves 
*o  the  pre.udictsof  particidarcountrfes,  much 
less  to  the  abuses  of  particular  governments, 
enlist  themselves,  like  the  citizens  of  an  en- 
lightened world,  into  whatever  communities 
jn  which  their  civil  iihcrties  may  be  best  pro- 
tected ;  it  never  can  be  for  the  advantage  of 
this  country  to  prove,  that  the  strict,  unex- 
tended  letter  ol  her  laws,  is  no  security  to  its 
inhabitants. — On  the  contrary,  when  so  dan- 
gerous a  lure  i*  every  where  holding  out  to 
emigration,  it  will  be  found  to  be  the  wisest 
policy  of  Great  Britain  to  set  up  her  happy 
constitution.^lhe  s^lrkt  leUer  of  her  guaTclian 


Trial  of  Thomnx  Hardy  [968 

Gentlemen,  what  we  read  of  in  books  makes 
but  a  faint  impression  upon  us.  compared  to 
what  we  see  passing  under  our  eyes  in  the 
living  world. — I  lemrmber  the  people  of 
another  country,  in  like  manner,  contending 
for  a  renovation  of  their  constitution,  some- 
timesillegullyand  lurbulently,  but  stilldevoted 
to  an  honest'  cud ; — I  myself  saw  the  people 
of  Brabant  so  contending  for  the  ancient  cun- 
slitulion  of  the  gcwd  Duke  of  Burgundy;— 
liow  was  this  people  dealt  by  } — All,  who  were 
only  contending  for  their  own  rights  and  pri- 
vilege s,  were  supposed  to  be  of  course  disaf- 
fected to  the  Emperor : — Ihey  were  banded 
over  to  courts  constituted  for  tlie  emprwDcv, 
as  this  is,  and  the  Emperor  marched  his" army 
through  the  country  till  all  was  pc;icc ;— bet 
such  peace  as  there  is  in  Vesuvius,  or  .T.tna, 
the  very  moment  before  they  vomit  tbrth  their 
lava,  and  roll  their  contlas^rations  over  tlw 
devotefl  habitations  of  mankind  : — when  tlw 
French  approached,  the  fatal  effects  wcfe 
sundeuly  seen  of  a  government  of  constwiul 
and  terror ; — the  wcll-aftccted  were  dispiriud, 
and  the  disaft'ected  inflamed  into  fury. — .\t 
that  moment  the  Archduchess  f)e(l  trotn  Bru?- 
.scls,  and  the  Duke  of  Saxc-Tcschen  was  sect 
express  to  of^cr  thc^'w/e«ff  entree  so  Ion?  pe- 
titioned for  in  vain :  but  the  season  ofkonon- 
sion  was  past; — the  storm  blew  from  even* 
quarter,  and  the  throne  of  Brabant  departed 
forever  from  the  House  of  Burgundy.  (Jeo- 
tlemen,  \  vrnture  to  affirm,  that,  \vith  otlicr 
councils,  this  fatal  prelude  to  the  last  revolu- 
tion in  that  country,  might  have  beenavLrtrd. 
If  the  Emperor  had  been  advised  to  make  tbe 
concessions  of  justice  and  affection  to  his  peo- 
ple, thoy  would  have  risen  in  a  mass  to  main- 
tain their  prince's  authority,  interwoven  with 
their  own  liberties;  and  the  French,  the 
giants  of  mo^lern  timet?,  would,  like  the  sitnls 


HfiO]  for  nigh  Treason.  A.  D.  1794.  [970 

tion.  My  hoUl  of  the  colonies  is  in  the  dose  |  from  the  very  bottom  of  my  heart ; — may  it 
ati'ectioij  wliicli  grows  from  common  name?,  '  please  Cioi),  who  is  liie  Author  of  all  mercies 
from  kindred  hiood,  fnmi  similar  privilrges,  to mankind,who-c providence, lam pcr-^iiaded, 
and  eoual  protection.  These  are  ties  which,  guides  aij«l  tui:<:riiitrnds  Hie  trans ictit  ns  of 
though  lijjjht  as  air,  are  as  strong  as  links  of  the  world,  ami  who^e  guanl:an  spirit  h.js  for 
iron.  Lt  I  the  c<douics  always  keep  the  idea  ■  ever  hovered  over  this  prosperous  ihland,  to 
of  their  civil  rights  associated  with  your  go-  direct  and  furli^y  your  jud^mrnts.  I  am 
vcrnment,  they  will  cling  and  iirapple  to  yoti,  aware  I  have  not  ucpiittrd  myself  to  the  uri- 
and  no  t'orcc  under  heaven  will  be  of  power  to  '  furtunale  man,  who  has  put  \\\>  trust  in  me, 
tear  them  from  their  allegiance.  Dntietitlie  in  the  manner  1  coidd  have  wis! led  ;- yet  1 
once  understood,  that  your  government  may  am  unable  to  pnKCtd  any  farther ;  exhausted 
be  one  thim:,  and  their  privileges  another;  in  spirit  and  in  slrenirlh,  but  confident  in  th^ 
tliat  these  two  thinps  may  exist  without  any  ■  expectation  of  justice.-  '1  here  is  one  thing 
mutual  relation;  the  cement  is  gone;  the  ,  more,  however,  th.it(ifr  can)  1  must  state  to 
cohesion  is  loosened;  and  every  thing  ha-tens  '.  you,  namely,  that  I  will  .show,  by  as  many 
to  decay  and  dissolution.  As  long  as  you  !  witnesses,  as  it  may  he  found  necessary  or 
have  the  wisdom  to  keep  the  soverei;in  autho-  :  cunven.rut  for  you  tci  hear  upun  the  subject, 
rity  of  this  country  as  the  sanctuary  of  liberty,  '  that  the  views  of  the  societies  were  what  I 
the  sacred  temple  consecrated  to  our  conunon  h.ive  allfje-l  thcnj  to  be; — that  whatever 
faith,  wherever  the  chosen  race  and  sons  of-  irregularities  or  indisrretion.s  they  might  have 
J-'nalnnd .  worship  freedom,  they  will  turn  !  conmiiMed,  their  purposes  were  honest; — and 
their  tares  toward  you.  The  more  they  mul-  ;  that  Mr.  HardyV,  ul  ovc  all  other  men,  can 
tiply,  tlie  ntore  friends  you  will  have;  the  be  es^tablished  to  have  been  bO.  1  have,  in- 
more  ardently  they  love  liberty,  the  more  i  deed, an ll«njmiublc(icntleinan(Mr. Francis*) 
perfect  will  be  Iheir  obedience.  Slavery  they  .  in  my  eye,  at  this  moment,  to  be  called  here- 
can  have  any  where,  it  is  a  weed  that  grows  I  after  as  a  witness,  who  being  desirous  in  bi.<i 
in  every  soil.    They  may  have  it  from  Spain,  |  place,  as  ji  nieudicr  if  l^arliament,  to  promote 


they  may  have  it  from  Prussia.  Dut  until  you 
become  lost  to  all  feeling  of  your  true  interest 
and  your  natural  dignity,  freedom  they  can 
have  from  none  but  you.    This  is  the  commo- 


an  in(]uiry  into  the  seditious  practices  com^ 
plainerl  of,  Mr.  Hardy  oHered  him««elf  volun- 
tarily to  come  forward,  proffered  a  sight  of  all 
the  papers,  which  were  afterwards  seized  in 


«lity  ot  price,  of  which  you  have  the  monopoly.  |  his  custody,  and  tendered  every  possible  assise 
This  is  the  true  act  of  navigation,  which  liinils  j  tancc  to  give  satisfaction  to  the  laws  of  his 
to  you  the  commerce  of  the  colonies,  and  :  country,  if  fuuujl  to  be  olfcnded.  1  will  show 
through  them  secures  to  you  the  wealth  of  the  j  likcwi"»e  his  character  to  be  religious,  tcm- 
world.  Is  II  not  the  same  virtue  which  does  |  perate,  humane,  and  moderate,  and  his  uni'» 
every  thing  for  us  here  in  Kngland  f  Do  you  !  form  conduct  all  that  can  belong  to  a  good 
tmai^ne  then,  that  it  is  the  land-tax  act  wliich  I  subject,  and  an  honest  man.— When' you 
raises  your  revenue?  that  it  is  the  annual  vote  i  have  he.ird  tisis  evidence,  it  will,  beyond  aU 
in  the  Committee  of  Supply,  which  gives  you  !  doubt,  confirm  you  in  coming  to  the  conclusion 
your  army?  or  that  it  is  the  Mutiny  Hill  i  which,  at  such  great  length  (for  which  1 
%phich  iiisnires  it  with  bnivery  and  discipline?  :  entreat  vuur  ])ardon;,  I  have  been  endeavour- 
No!  surely  no  !  It  is  the  love  of  the  people;  ■  ingto  sup]»orl.t 

it   is  their  attachment  Ut  thrir  gf»vernment,  I _^ — _ 

from  the  Mmse  oi  the  deep  stake  tliey  have  in  1  *  Now  sir  Philip  Francis,  K.  B, 
fiuch  a  glorious  in-litutii»n,  which  gives  vou  |  t "  So  strongly  pre po-ssessed  were  the  mul- 
yoiir  army  and  your  intvy,  and  infuses  into  i  titudc  in  favour  of  the  innocence  of  the  pri- 
both  that  lihfTal  obedience,  without  which  '  simer,  that  when  Mr.  Krskine  liad  finished 
your  army  uuuld  be  a  base  rabble,  and  your  >  his  speecn,  an  irresistible  acclamation  per- 
Davy  nothing  but  rottc  n  timber.'**  *        i  vadcd  the  Court,  and  to  au  imineusc  distance 

Gentlemen,  to  conclude- My  fervent  wish  •  round.  The  streets  were  seemingly  tilled  with 
i%  that  we  may  not  conjure  up  a  spirit  to  |  the  whole  of  the  iuhabitanUt  of  Loudon,  and 
destroy  ourselves  njir  set  the  example  hf-re  j  the  passages  were  so  thronged  that  it  was  im- 
of  what  in  another  country  we  deplore.— I-it  j  possible  lor  the  judges  to  get  to  their  carriages. 
us  cht-rish  the  old  and  vinei  ihle  laws  of  our  i  Mr.  Erskinc  went  out  and  arUlressed  tlie  nuil- 
forefathers.— l^jt  our  judicial  administration  j  titude, desiring  them  to  confide  in  the  jusilice 


be' strict  and  pure;  and  let  the  Jury  of  the 
land  preserve  the  lifV*  of  a  ftlKiw-suhjecl,  who 
only  asks  \i  from  tluMn  upon  the  same  terms 
under  which  they  hold  tlnirown  lives,  andall 


of  the  country ;  rcmindmg  them  that  tlie  onlv 
securitv  of  Kuglishmen  was  under  the  inestf* 
mable  Jaws  of  llngland,  and  that  any  attempt 
to  overawe  or  bias  them,  would  not  only  be 


that  is  dear  to  them  a)id  their  posterity  for  j  an  affront  to  public  justice,  but  woidd  cn- 
ever. — J^t  me  repeat  the  wish  with  whfch  I  danger  the  lives  of  the  accused.  Hetiicn  bc- 
beean  mv  address  to  vou,  and  which  proceeds  |  sought  them  to  retire,  and  in  a  fcvr  minutes 


•  See  Mr.  Burke's  Speech  on  moving  his 
Hesolut  ions  for  conciliation  wit  h  America,  New 
Ftel.  Ui^t.  Vol.  18,  pp.  634;  6J6. 


I  there  was  scarcely  a  person  to  be  »e»n.  ■***>^ 
the  court  No  spectacle  could  be  more  {Ote«<- 
cstine.and  affecting.— NVcoimwt^P  being 
of  opinion,  that  it  is  the  wuettpoiicyapoix  all 


971] 


35  GEORGE  III. 


EVIDENCS  rOR  THE  PRX^OIfJift. 


Trial  of  Tkomm  Hardy 


[9» 


Tlorimond  Goddard  swom. — ^Examined  by 
Mr.  Gibbs. 

You  were  «  member,  I  believe,  of  the 
London  Corresponding  Society  ^~-I  was- 

Were  you  of  the  same  division  with  the 
prisoner,  Mr.  Hardy  ?— Yes;  No.  9. 

Did  you  attend  tlie  divisions  much  ? — ^Very 
regularly.  I  do  not  know  that  I  missed  one 
night  during  near  two  years;  it  is  nearly  two 
years  since  I  belonged  to  it. 

Is  it  two  years  that  you  have  ceased  to  be- 
long to  it? — No;  two  years  since  I  first  be- 
longed to  it,  to  the  present  time.  I  ceased  to 
be  a  member  of  it  when  Mr.  Hardy  was  taken 
up. 

You  saw  Mr.  Hardy  frequently  ?— It  was 
"very  rarely  that  he  was  absent. 

Were  you  acquainted  with  him  ? — Perfectly 
well ;  I  have  seen  him  four,  five,  or  six  times 
a  week.  I  hardly  ever  missed  a  Sunday,  but  I 
called  upon  him,  either  in  tlie  course  of  the 
dav,  or  in  the  evening. 

What  was  his  character — a  man  of  a  peace- 
able disposition,  or  at  all  inclined  to  riot  or 
tumult? — A  remarkably  peaceable  dispo- 
sition. 

Was  he  a  friend  to  order  ?— Very  much  so ; 
there  was  an  instance  of  it  in  the  society,  at 
the  time  we  were  dispersed  from  the  public- 
houses  ;  he  desired  particularly,  when  we  got 
to  a  private  house,  that  no  member  would  eveq 
brine  a  stick  with  him. 

Then  he  was  a  great  friend  to  peace  and 
order  ? — llemarkabiy  so. 

What  were  the  objects  of  your  society  } — A 
parliamentary  reform ;  nothing  else  that  I 
ever  heard. 

In  what  House  of  parliament  did  you  wish 
that  reform  to  take  place  ?~ln  the  House  of 
Commons. 

Lord  Chief  Justice  Eyre.— The  wilness 
should  be  told,  that  there  is  a  question  touch- 
ing the  conduct  of  the  society,  whether  it  is 
highly'  criminal,  or  whether  it  is  innocent ; 
the  witness  under&tanding  that,  and  hem^  wil- 
ling to  answer,  may  answer ;  but  he  must  un- 
derstand that,  in  consequence  of  his  answering 
the  questions,  on  the  partof  the  prisuncr,  he 
will  also  be  liable  to  he  exumincd  on  the  same 
points,  on  the  part  of  the  iiroscciition ;  and 
that  1  cannot  then  protect  him,  if  any  ques- 
tion is  put  to  him  that  he  wuuld  wish  not  to 
answer. 
Mr.  Gibbs, — I  understand  so. 
Lord  Chief  Justice  Kt/re. — Every  witness 
should  understand  that  when  he  is  calleil. 
Mr.  Gibbs. — We  think  that  every  witness 

•ccasions  to  cultivate  and  encourage  this  en- 
thusiasm of  Englishmen  for  the  protection  of 
the  law :  it  binds  them  to  the  state  and  go- 
Tenment  of  their  country,  and  is  a  greater 
lecdrityagpinKt  revolution  than  any  restraints 
that  the  wisdom  of  man  can  impose.**  Editor 
ffEnhintfiSpetcha, 


that  wesliall  call,  will  submit  to  any  crofl»«]^« 
amination  the  crown  may  choose. 

Lord  Chief  Justice  £jfre. — ^It  is  rig^t.  ha 
should  be  told. 

Mr.  Gi7»6«.— You  will  understand,  that  it 
will  not  be  an  excuse  to  you,  with  respect  t^ 
anv  question  that  the  attorney  general  niiay 
ask,  that  an  answer  will  accuse  your8elf.--I 
am  not  afraid  of  answering  to  any  thing  that 
I  know. 

Lord  Chief  Justice  llyre.— The  witness  has 
had  a  fair  notice  of  the  situation  be  is  in ;  if 
he  chooses  to  subject  himself  to  aDawer«  wy 
well. 

Mr.  0»6tf.— You  hav«  saidy  that  the  only 
object  of  your  society  was  a  refonn  in  .the 
House  of  Commons  ?— -Nothing  else. 

Was  it  any  part  of  your  views  to  make  any 
alteration  in  the  House  of  Lords  ? — None.' 

Had  yuu  ever  any  denign  to  make  any  at- 
tack, or  to  trench  at  all  upon  tho  authonty  of 
the  crown  ? — No ;  God  forbid. 

You  had  not  t — ^No. 

Mr.  Attorney  Gensral.^l  object  to  that 
question ;  you  should  ask  him  what  his  olgect 
was. 

Mr.  Gibba.-r-l  understand,,  and  I  take  tkf 
rule  from  the  Court,  that  a  counsel  must  not 
put  an  answer  into  the  mouth  of  a  witness 
but  he  may  lead  him  to  the  subject.  I 
asked  if  they  had  any  views  to  ^  change  in  Hkt 
Ijouse  of  Lords. 

Lord  Chief  Justice  Eyre, — I  apprehend  the 
more  correct  question  would  be,  what  were 
the  views  of  the  society  with  respect  to  tlie 
House  of  Lords. 

Mr.  Gibbs. — I  will  put  it  so.  You  said  yoit 
did  wish  that  there  should  be  a  reform  in  the 
House  of  Commons;  what  were  the  views  o^* 
the  society  with  respect  to  the  House  of  Loidb? 
—None. 

What  were  the  views  of  the  society  wiib 
respect  to  the  authority  of  the  Crown? — 
None. 

You  told  me  you  were  intimately  acquainted 
with  Mr  Hardy,  did  he  converse  with  yo\M 
often  upon  political  subjects? — Frequently. 

If  he  had  had  any  views  different  frum  yourv 
c]o  you  think  you  should  have  known  them  f 
— I  think  I  should,  for  curiosity  often  led  ra^ 
to  ask  him  a  number  of  qtiestions. 

Had  you  any  reason,  from  any  conversatioi 
that  you  ever  had  with  him,  to  think  that  hit 
views  were  different  from  yours ;  that  he  had 
any  views  either  upon  the  House  of  Lords  or 
the  King  ?— No ;  certainly  not. 

Mr.  Attorney  Generut, — I  object  to  that 
question. 

Mr.  Er$hiM,^An  you  afraid  of  the  ques- 
tion. 

Mr.  Attorney  General. — I  will  not  have  the 
question  put  in  -that  form  ;  I  am  afraid  of 
questions  that  ofight  not  to  be  put. 

Mr.  Ertkine. — ^Afraid  of  the  quesUon  beiat 
put?  .       . 

Mr.  Attorney  GeneraL-^l  am  afraid  of  no 
question  that  ought  to  be  put,  but  of  questioBft 


973]  fir  High  Treason. 

fttr.  Kr$kin€.--l  don't  understand  you. 

Mr.  Attorney  OmeraL-^l  think  you  would 
not  have  made  the  observation  if  you  did. 

Mr.  Erikine.-^!  stilt*  less  understand  you 
iMWy  and  am  surprised,!  own. 

Lord  Chief  Justice  £yrf.— What  is  the 
question  that  vou  think  there  is  any  doubt 
about ;  let  us  fcnow  what  the  question  is,  and 
the  CoQrt  will  give  their  assistance  towards 
mediating. 

Mr.  SoiitUor  Geiiefaf.— The  attorney  gene- 
ral objected,  because  the  question  was  not  put 
in  the  pro|>er.  style. 

Lord  Chief  Justice  £yre.— Ido  not  exactly, 
at  this  momenty'know  to  what  it  pointed ;  it 
escaped  me. 
'  Mr.  GMt.— I  tieTieve  I  had  better  go  on 
with  the  examination.  You  tell  me  you  never 
collected,  fh>m  Mri  Hardy^  that  he  had  any 
different  views  from  those  that  you  had? — 
No.  '■'      , 

Did  Mr.  Ilahly  evel*  produce,  at  tlie  division 
meeting  of  your  society,  any  letter,  that  he 
received  frol^ Sheffield,  about  pikes ^ — No; 
^tever. 

Did  he  ever  communicate  it  to  you  ?— Never. 

FiorimondCodd^rdf  Cross-eaamiaed  by  Mr. 
Attorn^  General^.  \ 

That  Gentleman  afked  you  whether  Mr. 
Hardy  had  evercomamnicated  to  you  that  let- 
ter from  Sheffield,  you  immediately  said  no. 
Now  I  sliould  l>e  gUd  to  ask  you  how  you 
ktfew  what  letter  it  was  that  that  gentleman 
alkided  to^what  is  the  fetter  that  you  mean 
to  spNcak  of,  when  you  say  Hardy  never  com- 
ihunicated  it  to  you  ?-^The  Sheffield  letter. 

I  should  he  glad  to  know  what  Sheffield  let- 
ter you  mean  ?— I  do  not  know. 

Then  how  came  you  to  say  he  never  com- 
municated the  Sheffield  letter,  withont  know- 
ing what  letter  it  was?— The  letter  about 
pikes. 

Mr.  Attorney  General. — The  witness  over- 
heard that. 

Mr.  Gibbnj^l  asked,  in  the  examination  in 
chief,  whether  tlic  letter,  relating  to  pikes, 
bid  been  re^ ;  I  put  in  tiiose  terms  ;  I  do 
aver,  upon  iny  veracity,  that  I  did ;  and  I  will 
not  have  that  contradicted. 

I^rd  Chief  Justice  Eyre — Tl  is  time  for  me 
to  interpose,  and  not  to  suffer  these  things  to 
pass  at  the  table.  I  agree  that  you  did 
ask  the  question  in  that  manner,  because  I 
have  taken  itsio;  but  I  also  agree,  that  you 
ought  not  to  interrupt  the  cro.ss-cxaniinatiun  ; 
Ibey  will  put  their  questions  in  such  manner 
as  they  please,  and  you  will  set  it  right,  if  they 
put  it  wrong,  when  you  come  to  re -examine 
the  witness  ;  there  ought  not  to  he  any  break- 
ing in  upon  one  anotlicr,  hccaiise  one  ccnllc- 
man  thinks  thai  another  gentleman  did  not 
'*2L  R"^*^on  i"  the  manner  he  put  it;  he 
pots  the  question  in  the  manner  he  under- 
stands  the  gentleman  put  it. 

Mr.  Gi^te.^Because  there  wu'a  direct 
cooindictiontothcfact. 


A.  D.  179*.  [974 

'Wit.  Attorney  Gen€raL..>^\  must  entreat  your 
lordships  to  interpose,  and  I  hold  it  to  be  my 
duty  to  do  it.  There  is  a  gentleman  who  it 
not  counsel  in  the  cause,  who  sits  next  Mr. 
Gibbs,  and  when  I  asked  the  witness  the  ques- 
tion,  what  letter  it  was,  I  heard  him  in  this 
part  of  the  Court,  as  I  believe  some  other 
gentlemen  did,  say,  **  The  letter  about  pikes  ** 
Now  I  do  not  mean  to  say,  and  I  desire  in 
justice  to  that  gentleman  to  observe,  tjiat  I .  do 
hot  mean  to  say,  by  anv  means  that  he  in^ 
tended  the  witness  should  hear  that  explana- 
tion given  to  Mr.  Gibbs;  I  do  not  believe  it; 
I  therefore  disavow  that ;  but  I  must  desire 
that  no  gentleman  should  sit  next  the  counsel 
for  the  defendant,  or  tlie  coimsei  for  the 
crown,  who  under — not  the  colour^  T  will  not 
use  that  word — but  under  the  fact  of  commu- 
nicating and  conversing  with  the  defendant's 
counsel,  should,,  in  point  of  fact,  lead— I  do 
not  mean  to  say  in  point  of  intention-»the 
witness  to  giving  an  answer  which  he  could 
not  have  given. 

Mr.'  Vaughan. — I  presume,  my  lord,  as  I 
have  been  personally  alluded  to,  I  may  be 

permitted  to  speak. 1  assure  the  attorney 

general,  and  the  whole  court,  upon  my  hpn- 
our,  that  I  had  none  of  the  intentions,  nor 
would  have  been  guilty  of  the  fact  which  he 
imputes  to  me ;  and  the  only  circumstance 
which  induced  me  to  make  one  single  obser- 
vation is  this — that  Mr.  Erskine  and  Mr- 
Gibbs  did  me  the  honour  to  desire  that  I  would 
sit  next  them,  because  some  months  ago  I 
was  consulted  upon  the  subject  of  this  trial ; 
that  being  the  case,  many  circumstances 
might  occur  to  my  recollection  with  which 
they  might  not  be  acquainted. 

Lord  Chief  Justice  Dyre— There  can  be  no 
objection  at  all ;  the  Court  will  certainly  not 
interpose  to  prevent  your  sitting^  next  the 
Counsel  who  are  assigned  for  the  prisoner,  and 
giving  them  any  assistance  that  your  parti- 
tic  ular  knoi^'ledgc  may  enable  you  to  give 
them ;  at  the  same  time  that  situation  is  a 
delicate  one,  and  you  will  undoubtedly  t^e 
particular  care  to  avoid  any  thing  that  may  give 
any  ground  to  any  man  alive  to  suppose  you 
do  not  make  a  correct  use  of  it.  I  do  not 
suppo<^  you  do  otherwise,  I  have  not  taken 
any  notice  of  your  conduct  that  authorizes  roe 
to  make  any  objection  to  it ;  but  if  you  said 
any  thin^  loud  enough  to  be  taken  notice  of 
by  the  witness,  you  were  not  so  correct  as  you 
slioiild  have  been. 

Mr.  Vaughun.-^l  certainly  would  not,  my 
lord.  If  the  Attorney-goneml  desires,  I  will 
remove  to  any  other  part  of  the  court. 

i-ord  Chief  Justice  Eyre. — 1  do  not  desire 
you  should,  for  if  you  can,  though  not 
assigned  counsel  for  the  prisoner,  by  your 
particular  knowledge,  he  of  any  use  to  his 
Counsel,  the  Court  nave  no  objection  to  your 
giving  any  sort  of  communication  you  can 
possibly  give. 

Mr.  Attomry  Gcaeral.— -V  V««i^  wA  ^^ 
diatmcW^  m  \  V\«a\  mNwA^,  '«V«ti  \  \j3XVfi* 


075] 


35  GEORGE  III. 


Trial  of  Thomas  Hardy 


1976 


.  Lord  Chief  Justice  Ej/rc.— I  had  really  | 
taken  down  the  answer  ot'  the  witness  before  I 
any  part  of  this  conversation  arose  -"  that  - 
he  had  never  heard  of  any  letter  from  Sheffield  ■ 
"about  pikes/' 

Mr.  Attorney  General  — llow  long  have  1 
you  been  a  member  of  this  society  ? — Nearly 
•two  years. 

.    You  are  of  the  division  No.  2, 1  understand  ? 
;-Ye8, 

Who  introduced  you  into  this  society  ? — A 
l>rother  of  mine. 

Where  does  he  live?— lie  did  live  at 
No.  17 y  in  Pall-Mall  ?  be  is  removed  to  llorsc- 
lydown. 

Were  you  at  the  Globe-tavern  on  the  20lh 
of  January  1794?— I  was. 

Were  you  at  Chalk  Farm  upon  the  14th  of 
April  ?— .1  was. 

,  Being  at  the  Globe  tavern  upon  the  SOth 
43f  January,  1794,  am  I  to  understand  you  to 
say,  that  nothing  passed  there  but  what  was 
(quite  peaceable  and  right,  according  to  your 
notion  ? — Every  thing  was  very  peaceable. 
.  Did  you  ever  see  a  printed  account  of  what 
passed  there? — Yes;  there  were  some  resolu- 
tions. 

Which  were  afterwards  printed  ? — I  was. 

Were  the  resolutions  that  you  saw  in  print 
a  correct  account  of  what  really  did  pass  there  ? 
i-— I  think  they  were. 

Then  that  being  a  correct  account  of  what 
did  pa&s  upon  the  20th  of  January  1794,  vou 
mean  to  sute  to  the  Court  and  the  Jury  that 
the  proceedings,  as  contained  in  that  printed 
paper,  were  according  to  your  ideas  correct 
and  peaceable,  and  according  to  the  law  of 
the  land,  ;4s  you  understand  'i — I  understood 
it  so. 

You  said  you  were  at  Chalk  Farm  ?— T  was. 

And  you  also  mean  to  slate  as  far  as  your 
opinion  goes,  that  the  proceedings  at  Chalk- 
>aini  were  exactly  what  tliey  really  ought  to 
be? — 1  thouLlil  so. 

Perhaps  you  were  at  the  meeting  in 
Breillat's  yard  when  delegates  were  chosen 
to  be  sent  to  .Scotland  ? — I  "was  not. 

Not  being  there,  pcrha])s  you  did  not 
know  the  fact  that  a  delegate  "was  sent  to 
the  convention  in  Scotland  ?— Vi^s,  I  did. 

Knowing  the  fart,  you  approved  of  that 
measure,  1  suppose!' — Yes — 1  never  was  in 
ollice,  but  1  used  re^darly  to  attend. 

Did  you  ever  hoar  ol"  llie  Secret  Committee 
in  your  society  ? — Yes.  I  h.ive  heard  of  it. 

Then  having  heard  of  the  Secret  Com- 
mittee, do  you  happen  lo  know  who  the  Se- 
cret Coninntlee  were  composed  of? — That  I 
never  did. 

Bless  me  !  you  were  a  mcmbrr  of  the  Cor- 
respond in  i;  Society,  which  ii:id  a  Secret  Com- 
mittee; all  their  transactions  were  peaceable, 
and  yet  you  do  not  know  who  the  Secret  Com- 
mittee were  ?— No,  1  do  not— 1  will  say  every 
thing  I  know. 

Every  answer  that  you  have  given  to  me 
ye\  proves  to  me  that  you  arc  an  honest  man. 


This   society,  whose   proceedinjgs   were  so 

peaceable,  had  a  Secret  Committee  ?— They 

had. 

■    Was  it  known  among  the  hody  in  general 

who  the  Secret  Committee  were  ?— -I  dp  not 

think  it  was. 

Then  you  mean  to  say,  giving  this  character 
of  the  proceedings  of  this  society,  that  you 
remained  in  the  society ;  there  being  a  secret 
committee  of  persons  whose  names  you  did 
not  know,  of  course  you  did  not  know  what 
were  the  proceedings  of  any  committee,  the 
names  of  which  committee  you  did  not 
know  ?— •.!  did  not 

\Vhen  the  prisoner  and. some  .other  people 
were  apprehended,  do  not  you  kuow  that 
there  was  another  Secret  Committee  formed  ? 
— I  never  attended  afterwards. 

Do  not  you  know  that  there  was  another 
Secret  Connnittee  formed  P-^-l  do  not  know  it 

You  have  heard  it  in  your  divisions  ? — I 
never  attended  a  division  afterwards. 

You  left  the  society  afterwards  ?:— I  leA  tlie 
society. 

Of  course,  when  there  was  that  suspicion 
about  the  society,  you  did  not  choose  to  con* 
tinue  any  longer  ?— 1  did  not. 

Who  were  your  delegates  to  the  Scotch 
Convention  ?-^Mr'.  Margaret  and  Mr.  Ger- 
rald. 

Were  you  in  the  society,  think  you,  before 
the  6th  of  August  1702  ? — No ;  I  was  in  the 
society  two  years  within  a  month. 

I  hope  you  have  seen  the  address  of  the 
6th  of  August,  1792.^—1  ha^ie,  may  be,  but  I 
caniiot  recollect  it. 

You  do  i»ot  know  any  thing  of  the  contents 
of  it? — I  do  not;  it  is  not  in  my  memory 
now. 

You  say  vou  know  iKithing  at  all  about  this 
ShcUield  letter  ?— No. 

Did  you  ever  hear  of  a  circular  letter  that 
was  sent  into  Scotland  to  call  a  convention? 
—Yes. 

\V  ho  carried  it  into  Scotland  ? — I  do  not 
know. 

Do  yuu  know  a  person  of  the  name  of 
Stock  r— I  do  not. 

itccollect  yourself? — 1  do  not  upon  my 
oath. 

How  did  the  printed  circular  letter,  with 
the  name  of  T.  Hardy  at  the  bottom  of  it,  gel 
into  Scotland  upon  your  oath  ? — It  was  sentl 
presume. 

1  .ord  Chief  J  ustice  U/yrc— How  ? — I  do  not 
know.  .    ' 

Mr.  Attornctf  General. — llow  do  you  know 
that  it  was  sent  there  ?— 1  do  not  know. 

In  point  of  fact,  did  you  ever  hear  whether 
that  circular  letter  went  or  not? — It  might  or 
mis;ht  not. 

That  is  no  answer,  so  might  I ;  I  might  or 
might  not,  but,  in  point  of  fact,  did  you  ever 
hear  whether  that  circular  letter  ever  went? 
— It  might  or  might  not. 

Lord  Chief  Justice  JEI^. — But  the  qoes- 
lion  is,  have  you  heard  it  or  not?— I  migM 


977] 


far  High  Treattm* 


A.  D.  17M. 


[979 


have  heard  it^  but  I  cannot  recollect  the  dr- 
cumstance. 

LonI  Chief  Justice  £^r<.— I  have  taken  it 
down,  that  voti  heard  ot  a  circular  letter  which 
vent  into  Scotland  f — I  heard  it  went  down 
into  Scotland. 

Mr.  Attorney  General. — ^Where  did  you  hear 
tiiat  P<>-At  the  division. 

Did  you  hear  any  thing  what  this  circular 
letter  was  about- --what  were  the  contents  of 
it? — ^To  call  a  convention;  I  cannot  repeat 
any  thing  of  it. 

You  consider  all  the  proceedings  at  the 
Globe-tavern  on  the  20tn  of  January,  and 
also  the  proceedings  at  Chalk  Farm,  as  in 
your  opinion,  quite  peaceable  and  constitu- 
tional proceedings  7 — I  thought  so. 

That  is  your  notion  of  the  matter  7— Yes. 
You  sing  some  songs  now  and  then  in  your 
society  do  not  you  ? — Never  in  the  society. 

How  came  ^-oii  never  to  sing  them  in  the 
society  ? — I  know  not. 

.  Is  it  done  on  purpose,  or  how  happens  that  ? 
—I  know  not,  we  were  a  very  peaceable 
society — songs  were  not  in  general  introduced 
at  all. 

I  hope  you  do  not  mean  to  say  that  there 
were  no  eon^  sung  at  yomr  dinner  f^There 
were  songs  tnea. 

Did  yon  never  hear  of  a  very  good  song, 
called  ''God  save  the  Righte  of  ManP'w 
hav^  heard  of  such  a  sung. 

Perhaps  you  sung  it  sometimes  yourselfP— 
Kever. 

Can  you  tell  us  what  the  contents  of  it  are  f 
—I  cannot  repeat  a  verse,  or  a  line,  or  a 
ayllable. 

Perhaps  you  could  inform  me  if  you  were 
to  see  it  ? — I  could  read  it  if  I  saw  it 

Did  you  ever  hear  of  a  song  that  has  tUs 
chorus : — 

**  Plant^  plant  the  tree,  ftur  freedom's  tree, 
**  'Midst  dangers,  wounds,  and  slaughter, 
''  Each  Patriot's  breast  its  soil  shall  m, 
«  And  Tyrant's  blood  its  water." 
Do  you   recollect   tliat   song?-rYou  know 
more  of  it  than  I  do — I  have  lieard  of  such  a 
aone. 

You  have  heard  this  song  song,  you  say, 
''  Plant,  plant  the  tree  ?"  —  I  cannot  say, 
upoo  my  recollection,  that  I  ever  have 
heard  it. 

Then  how  came  you  to  tell  me  you  had 
heard  tomethine  about  *<  Plant,  plant  the 
tree  ?" — I  have  heard  there  were  a  number  of 
iongs ;  I  do  not  know  that  I  ever  heard  it 
MD|b  but  I  may. 

When  I  asked  you,  and  I  appeal  to  the 
Court  and  the  Jury,  if  ever  you  heard  a  song, 
the  chorus  of  which  was  *'  Plant,  plant  the 
tree*'— you  said  yesf — 1  have  lieard  there 
were  such  songs. 

Did  not  you  tell  me  you  had  heard  that 
partiailar  song  ?— I  beg  your  pardon,  I  did 
aal  tall  you  so. 

Lord  Chief  Justice  £yr».— You  eertainly 
iiidyvm  had  heard  the  eong,  «  Plant,  plant 
VOL  XXIV. 


the  tree." — I  have  heard  there  was  such  a 
song,  but  I  never  heani  it. 

Ijord  Chief  Justice  Eifre.—^You  are  quite 
at  liberty  to  explain,  but  you  did  say  that  you 
had  heard  the  song,  '<  Plant,  plant  the  tree  V* 
—- 1  have ;  but  I  have  said  I  never  heard  the 
song  in  the  society,  and  there  were  a  number 
of  songs  sun^--- there  was  a  roan  that  did 
attend  the  society  with  songs,  a  pack  of  idle 
songs,  and  we  would  not  suffer  him  to  attend 
the  place. 

Air.  Attorney  Genera/.— How  many  songs 
of  Mr.  ThelwalPs  liave  you  ever  seen,  or  had 
in  your  possession?—!  have  had  them  ally 
but  £  thought  there  was  no  harm  in  Mr« 
Thelwall's  songs. 

Then  you  mean  to  swear  you  think 
there  was  no  harm  in  Mr.  Thelwairs  songs  P 
—I  thought  there  was  no  harm  in  them  when 
they  were  sold  in  public  shops. 

Do  you  mean  to  swear  that  you  thought 
there  was  no  harm  in  Mr.  Thelwali's  soqgs  ? 
—Yes,  I  do  not  think  there  was  in  those 
that  I  saw-— I  do  not  know  what  songs  he 
may  have  wrote. 

Be  so  cood  as  tdl  us  the  names  of  some  of 
Mr.  ThcTwairs  songs,  as  you  have  all  of 
them  P— I  do  not  know  what  all  of  them  i^. 

Tell  us  the  name  of  some  of  them  ?•— There 
was  one  very  long  ona,  I  cannot  recollect  the 
title  of  it. 

Yoa  have  aliof  Mr.  Thelwairs  songs,  but 
you  cannot  tell  the  tide  of  one  of  them?— I 
uo  not  know  how  manv  songs  he  wrote,  there 
were  three  of  Mr.  Thel wall's  songs ;  I  do  not 
know  what  you  mean  by  all. 

They  were  printed  all  upon  one  sheet  of 
paper,  I  believe  ? — They  were  sokt  publicly. 

And  dispersed  all  over  the  coantry,  were 
they  not  ?— I  cannot  tell ;  upon  my  oath  I  do 
not  know  that  they  were  dispersed  any  where. 

Have  you  those  songs  in  your  possession  P 
— I  have. 

What  were  the  titles  of  them?— I  eaonot 
recollect  the  titles. 

Mr.  Attorney  OeneraL-'-Look  at  this  paper, 
read  a  part  of  that  song,  and  tell  me  whether 
that  is  one  P 

Ooddard, — Which  song  do  you  mean  f 

Mr.  Attorney  Genera t,"'^^  God  save  the 
Rights  of  Man."— It  might  or  might  not,  I 
cannot  say. 

Mr.  Erskine. — If  vour  lordship's  time  to  be 
consumed  about  this  gentleman's  opinion 
upon  a  song  ? 

Lord  Chief  Justke  Eyre, — If  the  sonc  i» 
proved  to  have  lieen  sune  in  the  society,  Uieo 
It  is  competent  lo  ask  wliether  that  sons  is 

Kcaceable ;  but  unless  the  song  is  proved  to 
eve  been  sung  there 

Goddard.—l  neJiCT  heard  ttus  song  mtng 
there. 

Lord  Chief  Justice  Eyre. — ^He  has  said  that 
all  the  proceedings  there  were  peaceable  and 
orderly ;  then  if  this  song  is  proved  to  have 
been  sung  there,  there  certainly  cau  ha  Wk 
impropriety  in  a%kwi% toa  ^V^iMMet  gMMrii?ftTTi% 

u  a 


9791 


35  GEORGE 


Trial  of  7^oma$  HorJ^ 


weo 


to  his  judgmeot,  that  |>rocecdiDg  wa^  peace- 
able »utl  orderly,  but  it  is  not  proved  that  it 
was  sung  there. 

Mr,  Ersktne,— But  it  is  not  proved  that  it 
was  either  sung  or  said  there. 

Mr.  Attorney  Genm^ai.  —  Xx>0k  at  that 
[<<howiBg  a  paper  to  the  witness]  and  tell  me 
%*hclher  that  was  printed  by  order  of  the 
Corresponding  Society,  or  notf — Not  as  I 
know  of. 

Had  you  ever  a  paper  of  that  sort  in  your 
hand  T — Not  as  I  can  recollect,  and  I  would 
ccollect  if  I  could ;— as  I  told  you,  1  never 
ras  in  office,  but  I  regularly  attended. 

YancU  Dottling  sworn. — Examined  by  Mr. 
Gibhs. 

Were  you  a  racmber  of  the  London  Correj*^ 
ponding  Society  ? — Yes. 

Of  that  division  of  which  Mr,  Hardy  was  a 
ucmbcr^ — Yes. 

What  was  the  object  of  the  society  ?— To 
ilkiain  a  parhamentary  reform. 

In  what  part  o/parUamenl? — lo- the  House 
dI  Commons. 
Had  you  any  other  object  but  that  ?— No 
her. 

What  did  you  mean  with  respect  to  the 
Cing,  or  the  t louse  of  Lords  ? — We  had  no 
ih oughts  of  them ;  a  reform  m  parliament  was 
all  that  we  wanted. 
1 9    And  you  have  said^    tj  pajrliament  you 
ncant  the  House  of  Commoos  £— The  House 
of  Commons. 
|2    Did  you  entertain  any  other  idea  yottfsetf 
Ibut  that  of  a  reform  in  the  House  of  Coin- 
lons?— No  other* 
Had  you  any  idea  of  opposing  the  govcra- 
[^eatby  force? — No. 

Had  you  any  intention  of  doing  thatf — 

Have  you  seen  the  prisoner  at  the  bar,  Mr. 
I  Hardy,  there  often  ? — Yes. 
l3    Did  yoa  ever  6od,  from  conversation  with 
Ih'uxkj  that  he  had  any  such  intention?— Quite 
l^lhe  contrary. 

What  was  hie  character — that  of  a  peaee* 
r^ble,  orderly  man,  or  the  contrary  P^ — A 
I  jeaceabie,  orderly,  and  a  pious  man\ 

Were  you  one  of  the  London  Correspond* 
I  ing  Society*  when  a  convention,  as  it  is  caUcd, 
I  irras  talked  of? — Yes. 

L  W  bat  was  your  object  in  calling  that^  con- 
li'rention  ;  what  was  it  lo  do?— To  appoint  a 
J  number  of  delegates  to  take  the  sense  of  dif- 
r  Jcrent  divisions^  as  to  obtaining,  by  the  best 
|iDieane»  a  reform  in  the  House  of  Commons. 

Was  il  any  part  of  your  intention  that  this 
convention  should  proceed  by  fowe? — No, 
nor  do  I  believe  it  was  the  intention  of  any 


c  14th  0^ 


^Franeit  DomUng  cross  examined  by  Mr^Ai- 
tornet/  OtntraL 

»     If  of  this 

tfoci* 

\V iui  UAv mmi  Qia  yuu  hciuu^  tui*— No.  SC 


Mr.  Gi6A«.— Did  Mr,  Hardy  ever  pi 
at  the  division,  when  you  were  there,  a 
from  She fTield  about  pikes  f — I  never  saw  it 
in  my  lile.  • 

Lord  Chief  J  ustkc  Eure. — Nor  heard  of  it? 
— Nor  beard  oi  it  from  him,  nor  any  body  else. 
Mr.  Attorneif  GtneraL — When  did  you  be- 
come a  member  of  this  society? — It  was  ia 
the  cornmenrement  of  it. 

Early  in  March  I79'i«  «^  in  Febniaiy^ — I 
cannot  rei:ollcct;  it  was  about  th^t  tiise. 

Did  you  dine  at  the  thrown  and  A 
tavern  upon  the  second  of  May  last  9 

Dmling. — When  Mr,  Home  Tuoke  was 
the  chair. 

Mr.  Atiorney  Gentfrfl/,— No,  citizen  Whi 
ton,  I  understand,  was  in  the  chair.— 1  dkL 

Did  you  drink  all  the  toasts  given  that  dav? 

— -I  do  not  recollect  that  I  drank  ail  Ute 

toasts.  I 

You  remember  Ihe  music  there  ? — i  do  nol^ 

recollect  what  it  was.  '       « 

I  hope  you  paid  for  your  own  ticket  ^»i 

didf 

Arc  you  sure  of  that  ?-*-Yes. 

How  much  did  you  give   fot  it 

sbiUingsand  sinpeocc. 

Were  you  at  Chalk  Faztn  on  the 
April  ?— 1  w*as. 

Were  you  at  the  Globe-tavern  upon  the 
90th  of  January? — 1  do  not  kuow  that  I  wst 
at  the  Globe-tavern;  I  cannot  recollect  posi* 
tively. 

You  saw,  however,  the  proceedinp  At  tbt 
Globe-tavern,  which  were  afterwards  in  print: 
you  saw  the  vesolutions  tliat  were  entered 
mto  ? — I  have  seen  them. 

You  approved  of  them^F — ^I  do  not  iMoUtd 
what  they  were. 

If  you  had  had  any  objeelioos  to  them 
when  you  saw  them*  you  wotdd  of 
have  staled  them  to  your  society  f — I 
tell  whether  i  had  any  objectiona  to 
or  not 

If  you  had,  you^  would  hive  ttatod  Ibem 
your  society;  yoi» wefe  a  delegate ? — I  was  il 
one  time. 

For  how  long  F— About  f\x  months. 
Do  not  you  recollect  the  time  whcn^ll 
was  about  tivA  or  six  months  bark. 

You  are  well  actjuaaUed  with  your  friend 
Spence,  in  Uolboru  ? — ^No, 

Lord  Chief  Justice  Eyrt, — ^Whcn  did  jpoo 
cease  to  be  a  delegate  r<— About  five  ot  ak 
months  ago. 

Mr,  Attorn^  Genemi. — You  know  nothing 
ofSpence,  who  lives  in  Holbom? — I  knofi 
ihe  shop,  I  do  not  know  ihe  man  (temooiSy. 
You  have  bought  a  good  book  there  nov 
and  then  ? — ^I  have  bftu^hi  pamphlcAa  t' 

Were   you  evt  it  ui« 

tiinef— T  do  not  ki  \t  yon  mean, 

!  kuow  irranklow  of  lanil»ethl^ 

h:'  n». 

was  «Dy  careii* 
ivy.  Ait, 

Ui\l  >ou  Knuw  Ltiat  thete  wia  toj  cucrdi^ 


bemV 


m} 


fir  High  Trtaton* 


m%  Bl  Spencc'i?— I  never  knew  it  till  I  heard 

Do  you  know  a  man  of  the  nime  of  Ed- 
frmids? — ^I  have  beard  of  him. 
^  When  did  you  6rst  see  his  plkef*—!  have 
litianiortL 

Did  you  oever  see  his  pike  iiJl  hm  was 
Ukenupf — ^No. 

You  nave  seen  lliilier  ? — ^I  laever  saw  his 
pike. 

I  asked  you  about  liillierf^I  aever  saw 
Hlllicr. 

You  ha<]  no  sccretcomroillee  in  the  London 
Corresponding ^ciety,  1  hope,  had  you? — 
N6I  Ihiit  I  know  of. 

Do  you  know  of  a  committee,  sometimes 
called  the  Coiiimillee  of  Correspondence } — I 
have  heard  of  huch  a  thing. 

Who  were  the  members  of  itP — I  caRfiot 
lake  upon  myself  to  know. 

lias  your  aociety  a  committee  without 
knowing  the  members  of  ilf — If  there  was 
dcie^  it  was  voted  by  balAol^  Iheietore  1  could 
mot  telL 

You  know  Mr»  Hodgson,  perhaps,  tlic  hat- 
Kf,  in  the  Broadway,  Weil min si er? — I -do. 

Upon  sour  oath,  when  the  prisoner  at  the 
hta^  and  the  (ithcr  membersi  of  your  secrat 
committee,  wa^e  taken  up,  was  not  there  ano* 
tbtf  socTct  commitiae,  named  by  Mr.  Hodg* 
900  f — I  zjever  ktjew  of  it 

Do  you  knaw  gf  it  now? — No. 

Then  you  mean  to  swear  that  you  do  fiot 
know  that  there  was  ^Mch  a  coamuttee  f— * 
Kot  ap[>ointcd'hy  Mr.  Hodgson 

Then  \A'a3  there  a  secret  committee  ap>- 
pointed  by  any  hotly  else  ? 

DowUng. — If  I  uaderstaud  the  que&lion,  it 
u  whether  there  was  a  secret  commitlee  ap* 
foinied  aJler  the  apprehension  of  Mr.  Bardy  ? 

Mt.  AUamty  Ucntrul — Yes.— Then  my 
answer  i«i  1  do  not  know. 

lUvt  yoi^  never  beea  10  AiCademy-oourt, 
CtiiitioQty'laae  ?-p-No, 

Then  if  any  secret  committee  met  thcret, 
you  know  nothing  aboul  it? — I  do  not. 

Do  you  koow  Smith,  of  Portsmouth-street  ? 
—J  do. 

Do  you  know  one  Burks?— Very  Jittfe. 

"Do  yon  know  a  man  of  the  name  of  Hig- 
^  IS?— No,  I  never  saw  him,  nor  never  heard 
of  him  till  1  heard  of  his  apprehension^  if  that 
is  the  man. 

Did  you  never  hear  of  those,  or  any  other 
yanons  being  a  secret  cornmittu«>^  to  succeed 
Hm  secret  committer  i  Corres- 

yofidiiif  Soeietv,  that  ii  itnUioae 

peopla  were  taken  up  ? — No, 
_  Im  you  never  heard  that  there  was  a  le- 

it  eoftuoittee  before  iboie  people  were  taken 
__  ?*-.Ycs,  you  ^id^a  committee  of  corrcs^ 
foodeoce* 

\  I  did  so— 'Did  you  never  hear  that  Smith, 
m|gyna,oraotii«oftKoaep«opl«.  had  baen  a 
aWMiiiitNi   of  conamimQce  Mbia  those 
paopk  wera  taken  upr-*No. 
;  xou  have  heard  ol  a  Comuuttcv  of  Conrs* 


pondcnee  before  those  |ieoplc  were  taken  up  ?  I 
— Yes. 

Who  were  they  ?— 1  camiot  say. 

Was  not  it  studiously  kept  a  secret  who 
they  were  ?— No.  1 

Ilave  not  you  heard  the  members  of  thel| 
society  complain,  that  they  did  not  know  wt 
the  members  of  the  Secret  Committee  of  Cor* 
respondence  were  ?— No,  I  iiever  hedrd  ihat 
complaint. 

KecoUecl  yourself?*-!  cannot  recollect  my 
self  to  my  knowledge  upon  that  business. 

You  have  said  there  was  a  secret  commit*! 
tee,  whose  names  you  did  not  know ;  upunyotti 
oath,  do  you  know   the   reason  why  their  a 
names  were  kept  secret?— -The  reason  for  itj 
that  I  formed  myself,  are  the  only  reasons  1 
can  possibly  state. 

Those  will  not  do ;  did  you  ever  sec  in  the 
society,  a  paper,  that  the  Ins  complain  of  onai] 
thing,  a^  the  Out!$  of  another,  ai>d  thctefuro^ 
advise  you  to  get  arms  I — I  never  heard  gf 
such  a  thing. 

Perhaps  yon  never  saw  '*  La  Guillotine;! 
or,  George's  Head  in  a  Basket?"-— 1  nevev| 
saw  it. 

You  never  saw  it? — Nor  never  heard  oft 
till  this  moment. 

You  say  you  oever  heard  of  this  letter  frotisl 
Sheffield  about  pikes  ?•-- You  asked  me  if  ever  J 
I  heard  that  letter  read  in  the  society. 

Then  you  mean  to  say,  you  never  hcardll 
that  letter  read  in  the  society ;  Itave  you  everl 
heard  of  its  coming  to  London  ?,-Never  till  U 
saw  it  in  the  Reports  of  the  Secret  Com  mil  tec,  3 

It  surprised  you  prodigiously,  no  doubt  f-*] 
I  do  not  know  whether  I  was  surprised  at  il^  ] 
but  I  never  heard  of  it  till  then. 

Did  you  ever  see  the  address  ol  the  6th  < 
August  1793  ? — I  do  not. recollect  any  addresa] 
at  tnat  time :  upon  what  o<^asion .'  1 

An  address  from  the  London  Coerespond* 
iog  Society  to  the  nation,  when  they  talked  J 
oF  petitioning  parliament  no   more? — ^1  did 
not  recollect  me  date ;  I  might  have  seen  thai 
address. 

Do  you  know  Carter,  the  bill-sticker?- 
have  seen  him. 

Dki  he  slick  up  any  bill  for  you? — I  have' 
heard  so. 

Theo  you  knew  it? — I  do  not  know  itj 
I  never  saw  him  with  a  bill,  nor  sticking  1 
bill  up. 

Do  not  you  know  the  society  ordered  it  to  1 
stuck  up  in  the  night? — I  do  not  know  that.  1 

Do  not  you  knuw  that  there  was  a  deb 
in  four  society  about  paying  the  eipeoses  < 
this  man*s  prosecution  ?— I  heard  about  hit 
receiving  money. 

What  was  he  to  receive  nioncy  for  ?— I  sup-' 
posed  for  the  affair  of  the  bills. 

Do  you  mean  to  *ay  that  "  '  the 
bills  up  at  night,  atid  tiie  proi^  li  < 

they  ware  at  Chalk  Farm,  arc  i)*.k  tatjic  j 
orderly  proceedings  f — t  do  nut  know  \ 
there  is  any  tiling  tT\m\i\'*!i  \v\  %>w\K>iijB.%  ^ac^'^ 


©83]         35  GEORGE  ra. 

bill;  and  as  to  the  proceedings  at  Chalk 
F^rm,  I  do  not  know  every  word  that  was 
flaid  there. 

You  mean  to  say  that  the  proceedings  were 
orderly  and  peaceable  ?— The  general  con- 
duct of  the  people  was  very  orderly  and 
peaceable. 

Lord  Chief  Justice  Eyre. — Dkl  you  say  you 
were  at  Chalk  Farm  P— Yes. 

Were  the  resolutions  there  put  to  the  ques* 
lion? — I  believe  they  were. 

Did  you  vote  for  theoi  ?— There  are  only  a 
few  people,  probably,  who  attend  to  the  busi- 
ness ;  out  ot  the  great  number  that  attend,  it 
depends,  probably,  upon  those  who  have  ahi- 
lities,  and  attend  more  to  those  tilings  than  a 
person  of  my  capacity  probably  does. 

Did  you  vote  for  tlicm  ? — I  dare  say  I  did 
/unong  the  rest. 

Do  you  vote  for  things  without  knowing 
frhat  tliey  are  ? — ^There  is  no  man  but  wliat 
is  fallible  in  that  respect;  1  might  have  done 

80. 

Do  not  you  see  what  difficulties  you  might 
bring  yourself  into,  by  concurring  in  things 
without  knowing  what  they  are  ?  were  you 
near  enoueh  to  hear  what  they  were  ? — I  was 
tkt  a  considerable  distance. 

liow  did  you  vote  P — By  holding  up  hands. 

Did  you  vote  then  upon  the  conndence  you 
bad  in  any  body  that  was  there  P  or  what  in-' 
duced  you  to  vote  for  a  resolution  you  did 
not  hear  .^-^In  consequence  of  seeing  all  tlie 
rest  vute. 

Alexander  Wills  sworn.— Examined  by 
Mr.  Gibbs. 

Were  you  a  member  of  the  London  Cor- 
responding Society  ? — Yes. 

How  long  were  you  a  member  of  it  ? — Be- 
tween two  and  three  years. 

Do  you  know  Mr.  Hardy? — Yes. 

What  were  the  objects  of  the  society  ?— 
Parliamentary  reform. 

A  reform  in  what  part  of  parliament  P — In 
the  House  of  Commons. 

What  were  your  intentions  as  to  any  other 
part  of  parliament,  as  to  the  King,  or  the  Lords? 
— Full  of  respect,  and  honour,  and  fidelity. 

Then  your  intention  was  only  to  work  a 
reformation  in  the  House  of  Commons?— 
Solely. 

Had  you  any  reason  to  think  that  any 
other  members  of  the  society  intended  any 
thinz  else? — Never. 

Was  it  the  intention  of  any  member  of  the 
society  to  hrins;  this  about  by  force? — ^Never 
to  n)y  kuowlctW. 

Would  you  have  continucid  in  the  society, 
if  you  had  found  they  hud  any  such  inten- 
tions?— Not  tor  a  moment. 

Were  jou  at  tlie  society  wK'jn  the  resolu- 
tions concerning  a  convention  passed  ^ — ^No; 
I  have  not  been  at  the  society  wt  more  than 
a  year  and  a  half. 

Was  there  any  reason  for  your  absenting 
XOunelff-^No;  I  Jiod  Aothiog  upon  my  goik 


Tried  of  Thomgi  H^di^ 

ffcieoce  to  deter  me  from  bein  a  member; 
but  I  had  not  an  opportunity  ot  being  thne 
from  my  avocations  leading  me  anbtlur  way. 

Was  It  merely  from  your  avocations  leadiag 
you  another  way  P— Entirely  so. 

How  long  have  you  known  Mr.  HaidyP— ' 
I  have  never  had  the  pleasure  of  knowing 
him  but  from  his  making  me  a  pair  of  boots, 
and  seeing  him  as  secretary.  He  made  me  a 
pair  of  boots  very  excellent  and  cheap. 

Is  he  a  good  member  of  socic^  from  what 
you  have  heard  ? — I  never  heara  but  that  bo 
was. 

Alexander  WiUt  cross-^eaamined  by  Mr. 
Bower. 

What  may  your  business,  or  profession  htf 
— A  dancing-master. 

Were  you  a  member  of  the  ConstitutioBal 
Society? — Yes. 

You  were  a  member  of  both  societies  P— 
Yes. 

When  were  you  elected  a  memlier  of  the 
Corresponding  Society?  —  I  imagine  better 
than  two  years  ago. 

liow  long  have  you  bebneed  to  the  Con- 
stitutional Society? — Soon  after  I  became  a 
member  of  the  Corresponding  Society;— I 
wished  to  be  a  member  of  the  Constitutions! 
Society  from  a  wish  to  hear  clever  men 
speak,  not  having  it  in  my  power  to  go  to  the 
House  of  Parliament,  where  I  could  have 
heard  more  clever  men  undoubtedly. 

You  heard  several  men  speak  upon  poK' 
tics  ?  —  I  have  heard  several  very  clever 
speeches. 

Were  they  clever  speeches  by  clever  men  ? 
— ^You  must  judge  whether  they  were  clever 
speeches. 

Did  they  strike  you  as  clever  speeches  from 
clever  men  ?— I  heard  one  or  two,  I  thought 
clever  speeches. 

You  took  up  your  idea  of  politics  from 
them  ? — I  took  my  rule  of  politics  firom  public 
report,  and  firom  the  debates  in  both  iiouies 
of^Parliamcnt. 

You  did  not  go  to  these  societies  to  read 
the  public  papers,  or  to  read  the  debates  in 
both  Houses  of  Parliament  P — I  had  not  time 
in  general  to  read  the  public  papers. 

Which  way  then  did  you  get  your  informa* 
tion? 

WilU,—V/h2Li  information  ? 

Mr.  Bower. — Upon  politics ;  you  said  you 
went  there  not  having  an  opportunity  of"^ at- 
tending both  Houses  of  Parliament  P — I  did 
not  say  that;  I  said  I  went  there  to  hesr 
clever  men  speak. 

Upon  what  subject?— Upon  any  subjects. 

Were  any  subjects  discussed  that  did  not 
relate  to  politics  ? — I  never  heard  one  to  my 
knowledge. 

Upon  your  oath,  when  you  went  there,  did 
you  expect  to  bear  any  discussion  apon  any 
subject  but  politics  P— It  was  called  tiM  Con- 
stitutional ^iociety. 

Ttiat  is  no  answer  to  my    jestkNii 


985] 


fi(f  High  Treason* 


A.  D.  1794. 


[986 


you  went  there,  jroii  said,  you  went  there  be- 
cause you  had  no  opportunKy  of  attending  the 
Houses  of  parliament,  and  went  to  bear  clever 
men  speak;  upon  what  sulject  did  you  go 
expecting  to  hear  them  sp^  f— Upon  con- 
stitutional subjects. 

And  those  only  ?— Those  only. 

Was  that  the  place  where  you  took  ud  your 
constitutional  doctrine  ?— Long  before  that. 

From  the  newspapers  ?^-Somettmes  I  have 
had  the  honour  or  being  in  the  honpurable 
House  of  Commons  to  hear  the  debates. 

And  you  went  to  the  Constitutional  Society 
not  having  opportunities  to  attend  the  House 
of  Commons,  to  supply  that  defect?— Not  to 
supply  that  defect  merely,  but  to  hear  differ- 
ent political  subjects  discussed. 

You  UbA  no  other  means  of  supplying  the 
information  ? — Not  any  that  I  thought  better. 

Did  you  attend  frequently  ?--^ You  may  be 
better  mformed  than  I  am. 

I  know  nothing. — I  ask  vou?— I  never 
kept  any  minutes  of  my  attendance  there. 

Did  you  not,  upon  your  oath,  attend  them 
weekly  ? — When  I  could,  I  did ;  and  might 
for  a  month  tog^'ther  when  I  could ;  but  I 
cannot  be  upon  my  oath  to  say,  that  I  did  at- 
tend them  weekly ;  I  was  mippy  to  attend 
them  weekly  when  I  could. 

Lord  Chief  Justice  £yrf.— You  mean  you 
attended  them  as  often  as  you  could  ?— Yes. 

Mr.  Bower. — Were  you  at  all  acquainted  with 
the  proccedinss  of  the  society  ? — Very  little ; 
I  never  lookeu  into  their  books. 

Then  you  did  not  know  of  any  of  their  trans- 
actions which  might  brine  some  of  them,  or 
those  tlicy  employed,  into  difficulties } — ^No. 

You  never  knew  that  any  bod)r  was  prose- 
cuted for  assisting  them  m  their  views  t — 
Never. 

Did  you  never  hear  of  one  William  Carter? 
—Never. 

Then,  of  course,  you  never  heard  that  he 
was  in  confinement  at  all?— Stay,  Mr.  Coun- 
sel, give  nie  leave  to  say,  I  was  in  company 
with  a  Mr.  Carter,  a  musician,  at  the  London 
coffee  house. 

Do  you  recollect  Carter,  the  bill  sticker  f-*»* 
I  am  not,  in  a  moment,  to  be  told  that  I  re- 
collect such  a  man  if  I  do  not ;  I  heard  of  such 
a  man,  that  lie  was  in  prison  (I  never  saw  him 
in  prison)  for  slicking  up  a  posting  bill. — ^You 
aaked  me  if  I  knew  sucn  a  man  ?  I  do  not ; 
I  heard  of  him. 

You  heard  nothing  more  of  him  but  that 
there  was  such  a  man? — I  heard  there  was. 

That  is  all.  You  never  heard  that  there 
was  a  subscription  entered  into  for  himP — 
Yes  ;  perhaps,  I  gave  him  a  shilling,  or  balf- 
a-crown,  or  a  guinea,  or  five  guineas,  towards 
bis  relief,  in  confinement ;  but  I  do  not  know 
that  I  did  to  maintain  him  in  his  confinement. 
I  did  not  recollect  the  name  of  Carter  any 
more  than  I  do  your's. 

That  is  then  what  you  now  mean  to  swear 
distinctly,  for  I  will  not  let  you  now  go  back  ? 
0rl  do  AOt  say  I  gava  two  guineas,  ar  &Wp  but 


r  only  say  I  subscribed  something,  perhaps, 
to  the  poor  man's  family. 

Did  not  you  say  two  or  &ye  guineas?— I 
often  give  five  guineas  without  knowing  to 
whom  I  give  it. 

Did  you  not,  a  minute  ago,  say  you  might 
have  given  a  shilling,  or  half-a-crown,  or  a 
guinea,  or  five  guineas,  to  this  man,  in  con- 
finement, for  sticking  up  bills?- -I  did  not 
say  so,  to  the  man  for  sticking  up  bills. 

Your  gestures  will  not  do? — You  seem  to 
wish  to  confuse  me. 

I  do  not  wish  to  confuse  you ; — the  more 
distinct  you  give  your  answ#  the  better;  do 
you  mean  to  say,  upon  your  oath,  that  you 
did  not  recollect  when  you  said,  you  might 
have  given  one,  two,  or  five  guineas  to  this 
man  ? — I  did  not  mean  to  say,  I  had  given 
one,  two,  or  five  guineas,  but  I  might  liave 
given  half-a-crown. 

Did  vou  give  one,  two,  or  five  guineas  ? — I 
say,  I  d^id  not ;  I  might  give  a  few  shillings ; 
I  give  shillings,  as  much  as  you  do  halfpence, 
to  any  poor  man  that  wants  it. 

Then,  I  understand,  vou  now  swear  dis- 
tinctly,  you  might  give  this  man  a  shilling ; 
but  that  you  did  not  give  him  five  guineas  ?— 
No. 

Upon  your  oath,  you  did  not  give  this  man 
two  suineas,  or  five  guineas?— No;  I  cannot 
recollect  what  I  gave  him. 

You  never  gave  him  a  guinea,  or  five  gui- 
neas ?-*Not  to  my  recollection. 

Did  you  ever  give  him  any  thing?— I  do 
not  recollect ;  I  often  give  to  poor  men  and 
women  in  distress.  I  ^ve  a  hundred  and  fifly 
pounds  to  the  British  fashery,  when  I  thought 
my  country  in  distress. 

I  ask  you,  whether  you  did,  or  not,  sub- 
scribe any  sum  of  money  to  the  man  who 
was  in  confinement,  for  sticking  up  bills  for 
the  society,  and  on  that  account? — I  gave,  I 
believe,  to  the  best  of  my  recollection,  some- 
thing, but  what  I  cannot  tell. 

To  whom  did  you  give  something?— That  I 
do  not  know. 

Who  asked  you  for  it? — In  some  of  the  so- 
cieties, which,  and  where,  I  do  not  know. 

What  societies  ?— The  Corresponding  So- 
cieties. 

At  the  time  you  save  that,  was  a  8ub6erip« 
tion  put  about  for  the  relief  of  this  man  so  m 
custody  ? — ^There  must  have  been  a  mention 
of  it,or  I  should  not  have  known  it ;  but  I  do 
not  recollect  in  what  manner. 

Did  you  attend  one,  or  more  of  these  so- 
cieties?—One. 

Whicli  was  that?— The  London  Cones- 
ponding  Society. 

At  fmich  house  ?—^t  Proctor's,  in  Covcot 
Garden. 

Wa3  it  there  vou  subscribed  ?— No ;  it  was, 
I  believe,  in  Compton-strcet,  if  I  secoMaa 
right;  thabsttimel  wasataayoftbsie  so* 
eietiis. 

Was  ConplMiFStreat  a  ^{iMa^nUm^^^ii  JW> 


987] 


S5  GEORGE  III. 


tbe  diriakins  I  beliere ;  I  did  nol  bdoag  to 
anj  dele^te  •odety,  but  to  the  cwnanon 
sneetiD^ 

Which  dmsoa  of  tfa»  todely  did  yon  be- 
long to?— Proctor's,  No.  ifCovent  Gsrden; 
tfaif  was  I  think,  No.  SI,  Coaipton-ftreet 

Did  you  eo  there  at  a  visitor?—!  believo  I 
niutt  luLTe  Seen  a  member  of  that. 

You  are  now  a  member  of  the  Corent 
Garden  divibioo  f'— Yes. 

Then,  whether  you  have  been  a  roemi)er  of 
that  in  Comptoo-street,  you  do  not  know  ? —  i 
I(  19  the  same  thing;  not  a  separate  society. 

The  same  division  ?^A  separate  division. 

My  question  is,  whether  you  bek>nged  to  • 
one,  or  two  divisions  of  tliis  society  ?— To  j 
more  than   one;    I   think   to  another;   I 
think  37. 

Did  you  belong  to  more  than  two  ? — ^I  am 
not  sure  of  that ;  if  I  belonged  to  ten,  I  should 
own  it  with  pleasure. 

When  you  were  in  the  society,  did  you  know 
any  thing  of  any  secret  committee;  perhaps 
you  never  heard  of  any  such  thing  ? — 1  never 
did. 

Did  vou  ever  hear  of  the  committee  of  cor- 
respondence?— ^Never.  I  have  heard  of  it  since, 
not  in  the  society  ;  I  have  not  been  in  the  so- 
ciety since  such  a  thing  has  been  mentioned. 

Of  course  you  know  nothing  of  any  secret 
committee  ? — Never. 

If  a  secret  committee  had  been  mentioned, 
it  would  have  been  to  you  a  matter  of  sur- 
mise ? — I  do  not  understand  you;  I  never . 
neard  of  a  secret  committee  of  the  society  in  \ 
my  life.  I 

Did  you  ever  hear  of  any  letter  that  had  i 
l)een  written  by  the  prisoner? — Never.  ■ 

Alesander   Will*  Ile-examincd  by  Mr.  Gibbs  \ 

You  had  heard  that  there  was  a  man  in  ! 
custody  who  was  in  distress  ? — I  had.  j 

Did  you,  at  that  time,  know  the  man's  \ 
name  ? — I  recollect  it  now ;  I  did  not,  when  [ 
the  learned  judge  spoke  to  me,  recollect  that  j 
there  was  such  a  man  in  being.  | 

Was  he  represented  to  you  as  an  object  in  | 
distress  ? — In  real  distress. 

And  for  that  man  so  imprisoned,  and  so  in  j 
distress,  did  you  subscribe  any  money  ? — I  did,  j 
but  what  sum  I  cannot  tell ;  I  cannot  charge  ' 
my  memory  whether  it  was  a  shilling,  a 
guinea,  or  half-a-gninca. 
'    What  was  your  reason  for  saying,  just  now, 
that  you  perhaps  subscribed  a  guinea,  or  two 
guineas,  or  five  guineas  ? — Because  I  would  as 
noon  give  the  one  as  the  other,  for  a  poor  fa- 
mily, or  individual,  in  distress. 

Lord  Chief  Justice  £yre.~  You  have  broueht 
yourself  into  a  scrape,  only  for  the  sake  of  a 
flourish.  When  you  are  uiK>n  your  oath,  if 
you  would  only  speak  plain  English,  you 
would  bo  under  no  difficulty ;  there  is  a  great 
diffnenee  between  a  shilling  and  a  gumea.  and 
five  guineas,  therefore  you  should  not  ntve 
oonvtyed  an  idea  that  you  did  not  know  wbo- 
Ibtr/MftiVMieibilliiigytirofhiUiDiii  o^e. 


THid  ^TkamoM  Hmrdy  [988 

guinea,  or  fhre  pnoeaa.  I  fpoald  advise  you, 
when  you  are  upoo  jour  oath»  never  to  Vfttk, 
bjr  oMtaphor;  ym  uvc  branglil  yourself  into 
difficuhiet ;  but  I  daie  nj  yoa  'meant  voy 
iigbt. 

llr.  vfttonMf-GeMrdL— I  beg  yov  kid- 
ship  will  ask  him  what  he  gave. 

Lord  Chief  Jostioe  £vr^r— How  much  Ad 
you  give,  in  ^un  Ellg^^-Ptoh^lt  •  fev 
shillings,  perhaps  half-»<io«n. 

Mr.  Aiicrmn  Oeaertt— Will  your  kidihip 
please  to  a«k  (um  if  it  was  ool  a  guiiiea. 

Lord  Chief  Justice  £yre.— Do  you  say  it 
was  not  a  guinea? — ^A  tew  Aipmg*^  to  tho 
best  of  rov  Knowledge. 

Lord  Chief  Justice  fjrre.^Undcr,  or  about 
five  shillings?— I  suppose  under. 

Mr.  Gim, — I  wiU  now  call  a  gentleman  at 
the  bar,  who  says  he  knows  this  witness  per- 
fectly well,  and'that  he  is  a  man  of  good  €l»- 
racter. 

Lord  Chief  Justice  Eyre.— That  is  perfectly 
irregular.  It  was  certamly  absurd  in  the  wit- 
ness not  to  recollect  that  he  was  upon  hisoath, 
and  to  talk  in  that  rhudomontade  way.  i 
dare  say  he  meant  to  speak  the  truth. 

Archibald  Hunter  sworn— examined  by 
Mr.  Gibkt. 

Were  you  a  member  ofeither  of  those  lo- 
cieties  ? — Which  society  do  you  mean  ? 

Either  the  society  for  ConstituUonal  Infor- 
mation, or  the  London  Corresponding  Society? 
—I  was  a  member  of  the  London  Correspond- 
ing Society,  for,  I  think,  about  twenty 
months. 

Do  you  know  !Mr.  Hardy,  the  prisoner  ?— 
Yes :  i  do  know  him. 

What  division  were  you  of— were  you  of 
the  same  division  with  Mr.  Hardy  ?-^Ye5. 1 
always  understood  Mr.  Hardy  l>eionged  to  the 
second  division,  and  I  belonged  to  the  second 
division. 

What  was  the  object  of  your  society  ?— To 
obtain  a  parliamentary  reform. 

•In  which  House  of  parliament?— In  the 
House  of  Commons  most  assuredly ;  1  never 
understood  any  thing  else. 

What  were  your  intentions  towards  the 
king,  or  towards  the  House  of  Lords  ?— That 
they  should  remain  as  they  are,  certainly ;  I 
never  understood  any  thing  else. 

Was  it  the  intention  of  any  of  the  members 
of  the  society,  that  you  know,  to  bring 
about  this  parliamentary  reform  by  force  ol 
arms? — No,  there  was  never  any  thing  of  tba 
kind  agitated,  that  I  know  of. 

You  Know  nothing  of  any  such  intention?— 
Most  assuredly  I  do  not;  I  never  heard 
any  thing  like  torce  of  arms  out  of  the  reports 
of  the  secret  committee  of  the  House  of  Com* 
mons ;  I  have  read  them  attentively ;  I  never 
heard  of  any  force  of  arms  out  of"^  those  re- 
ports ;  I  have  heard  it  reported  (here. 

Was  it  tbe  intentk>n  ot  any  of  the  members 
of  the  society^  whom  you  know,  to  make  anr 
attack  upoQ  thogovenuneiilofthsoQuoliyl- 


It  was  not?— No. 

What  chumcter  did  Mf.lIardjl>e«r?^The 
chamcler  of  a  pi»ce&bW»  refpectabki  quiet 
man, 

Wm  that  hU  general  character?— For  what 
1  know  of  him,  f  can  only  speak  wilhio  Ihc 
time  that  I  h»veent<frvd  into  the  society. 

Is  that  the  character  he  has  bcone  e\'er 
jittice  you  bavc  known  him? — It  is^  and  I 
have  every  reason  to  believe  that  be  is  that. 

While  yuu  were  in  the  society «  did  Mr. 
Hardy  ever  produce,  at  the  division,  any  ktlcr 
firom  Sheffield, a1x>ut  pikes?— No,  never. 

Did  you  ever  know  of  his  communicating 
I     any  such  letter^  to  any  of  the  members  of  the 
Corresponding  Society?—!  do  not  know  of 
any  such  thing. 

Archibald    Hunter  crossr^xamined    by   Mr. 
Lam* 

I         You  never  heard  of  a  letter  from  Sheffield 
about  pikes? — I  never  did. 

Did  you  never  read  that  letter ?<^I  never 
was  in  office. 

You  never  have  read  it.  You  lay  you  have 
read  the  reports  of  the  secret  committee ;  have 
yoy  never  read  it  there  ?— I  have  read  it  there, 

I      out  no  where  el i»e. 

t  You  contmtie  a  member  of  the  Correspon- 

ding Society  to  this  moment  ? — I  do. 

I  Did  you  ever  see  a  paper  like  that  circulate 

'      ad?   p  he  paper  about  Ine  Ins  and  the  Outs] 

'      ^I  never  have  before  now,  I  have  heard  of  it, 

'       bull  never  saw  it  before. 

I         Who  introduced  you  into  the  society  ?— A 

J      idation  of  mine. 

Has  he  a  name } — ^Yes ;  his  name  is  Joseph 
fiunier :  he  lives  in  Old  Compton-strect 

j  Did  iirl  the  meetmgof  the  society 

]       pretty  <  ^*-I  cannot  say  that  I  did ; 

L      I  wa?i  trt^(|iM  nuy  out  of  town,  and  did  not  at- 

I     Und  very  ot\en ;  1  did  not  attend  very  rcgu- 

f      *^*^ 

I  >Vluitis  your  business? — None  at  all;  no 

l^^uatness  at  all. 

^^B*  May  I  take  the  liberty  of  asking  how  vou 

^^felyour  livelihood?— I  am  an  independeiit 

Yoo  live  upon  your  property  f—Y«i. 

In  the  fluids,  or  mortgages^or  what  ?— That 
u  out  of  the?  question ;  someUmci  my  property 
1^  fket,  some limca  in  land,  sometimes 

u-  \:^,  and  sometimes  in  houses. 

\\  trc  you  at  Chalk-farm  I — Yes. 

And  at  tire  Globe- tavern  ? — Yes. 

P\v. ,.  ,  „  ^j  1^^.  dij^ijt^ron  the  2nd  of  May 
m^  recoil  eel  whether  you  dined  at  the 

(  A  nchgr  when  Mr*  VV  barton  was  in 

I  —I  do  iiul  recullect  that  I  e^'ur  was 

i':  ^f'O  Mr,  Wjiarton  was  in  the  chair. 

i  aikkeci  whether  jpou  were  present  on  the 

E^end  of  M.iy,  :\t  ti  dumt-T,  at  the  Crown  and 
^  Ir.  Wharton  was  in  the  chair^ 

DT'  T  were  not? — Your  qtrc^Uun 

m'  -;  upon  that,  [  r 

9  >d  also  to  the  L 


4aDnaj  ^c]t:\y 


Were  you  or  not  there  I — I  do  not  recollect 
1  was  ever  at  any  society  where  Mr.  Whartoa 
was  in  the  chair. 

Were  you  or  not  there  on  the  Snd  of  May, 
withoutreferenceto  who  was  in  the  chair?— 
If  it  was  a  meeting  of  the  Correspondins 
Society,  and  you  witrtcU  we  where  it  was,  L 
will  endeavour  to  recollect. 

Lord  Chief  Justice  Eyre, — The  inquiry  if, 
as  to  a  meeting  at  the  Crown  and  Anchor,  ot' 
the  Constitutional  Society  ?-— I  never  was  at 
any  meeting  of  the  Constitutional  Society 
whatever, 

Mr.  Ltm. — Did  you  ever  dine,  as  a  guestf 
with  the  Constitutional  Society  ? — Never. 

Have  you  been  at  the  Ulobe>tavern,  and  a( 
Chalk-farm?— I  have. 

Did  you  hear  the  res^dutions  which  were 
come  to  at  those  meetings  ?— I  did» 

You  have  said  that  the  proceedincs  of  the 
Corresponding  Society  were  peaceable  ? — As 
far  as  I  could  collect  them,  they  were  bo. 

You  have  said,  you  heard  the  reiiolutions 
carried  at  Chalk- farm^ — were  they  peaceable f 
— I  have  not  ^aid  tlmt  I  heard  them. 

Did  you  hear  them,  or  not;  I  understood 
you  said  you  did  hear  them? — I  heard  tbein 
read,  but  I  did  not  attend  to  them. 
Did  you  vote  for  them,  or  no  ?— I  did  not. 
How  came  it  that  you  did  not  vote  for 
them  ? — Merely  from  that  inattention  which 
pervades  my  whole  conduct,  perhaps. 

So  you  were  there,  and  heard  them,  and 
they  made  no  impression  upon  your  conduct? 
— ^Not  in  the  least. 

You  have  said  you  voted  for  them  f — I  did 
not  vote  for  them. 

Did  you  vole  against  them  ? — I  did  not. 
You  took  no  part  in  them  f — I  did  not. 
Did  you  sup  with  your  division  that  night? 
— I  did ;  what  division  do  you  mean  ? 

You  said  you  did ;  where  did  you  sup  J^— 
There  may  be  a  mixture  oi  divisions. 

Where  did  you  sup  that  night? — At  No* 
3;  I  think  itis  in  €:orapton-strccl,Soho. 
Was  Mr,  Thelwall  there ?^lle  was. 
Do  you  recollect  any  sonp  being  suDgf— 
I  do  not  recollect  the  purport  of  them. 

What  were  you  by  business,  when  you  con- 
descended to  toUow  any?— It  is  so  long  ago^  I 
cannot  recollect* 

You  have  followed  business? — ^I  was,  I  be- 
lieve, a  perfumer. 

And  liad  you  forgot  what  business  you 
were ;  were  not  you  a  nairdresser  ? — Yes, 

Had  you  forgotten  that  circumstance,  whea 
,  I  asked  you  just  now  ? — I  thought  u  perfumer 
was  sufficient. 

But  you  aaidi  it  was  so  long  ago  siDoe  you 

were  in  business,  that  you  did  not  know  what 

I  business  you  followed  l  how  long  h  it  since 

you  have  done  business  as  a  hair-dre^ser? — I 

I  think  it  is,  since  I  followed  the  business  of  a 

;  hair«drea&er,  about  twelve  years^  to  the  best 

of  my  tccoUecti«iu ;  I  am  nol  miite  sure. 

And  how  long  since  you  folto^«4N^<^^E^v.* 

nets  of  «  pClC^J^CI  t^hX^^  WB^^OCBAS.. 


991] 


S5  GEORGB  III. 


TiMd  of  ThomMs  Uard^ 


[992 


Did  yoii  ceasQ  Iq  be  both  at  the  fiamc  tinic  ? 

About  twelve  years  ago?^-l  would  not 
»weAr,  upon  tDy  omth,  to  the  time ;  but  it  is 
thereabout  s. 

Then  having  ihia  perfect  recollection  that 
you  bave  been  a  perCumer  and  a  hair-dresser^ 
about  twelve  years  ago,  how  came  you  to  tell 
use  it  wa«  so  long  a^o,  you  did  not  recoHi^ct 
what  business  you  had  carried  on  f- — i  did  not 
iay  thai* 

Lofd  Chief  Juitice  E^rs, — ^What  be  ftaki 
liras,  that  it  was  so  lon^  ago  since  he  carried 
on  any  busineB^,  be  comd  not  recollect  what 
business  he  followed. 

Mr.  Law.^i  shall  not  ask  him  another 
question, 

AUxandtr  Tr&ter  sworn  ,—Exiimined  by  Mr. 

What  business  are  you  ?^A  taylor. 

Are  you  a  member  of  either  the  Constitn* 
tional  or  the  London  Ojrrcsponding  SocietieSi 
t»r  hate  you  been  ?— I  have  (seen. 

Of  wh ith  ?*—  O f  the  Corre s pond i ng  Society , 

How  long  have  you  been  a  member  of  itf~ 
I  fancy  about  ten  months. 

When  did  you  cease  to  be  a  member?^! 
believe,  last  April  was  twelvetoonth. 

What  was  tne  object  of  the  society?^ A 
pailiamenlary  reform. 

In  ^' hat  pari:  of  parliament--' in  the  repre* 
lentation  of  the  people  f^Of  members  of  par- 
Imment, 

Of  what  House  of  parliament?— The  Com* 
tnons  House, 

What  was  your  intent  as  to  the  Kinp^,  or  the 
*  House  cif  Lotd-s  ?— Nothing  at  all ;  never. 

Did  you  ever  coUeclj  Jrom  any  of  the  mem- 
bers of  tlie  society,  that  they  had  any  other 
intent  than  that  of  a  reform  in  tha  House  &f 


Mr  Garrmj. — Then  I  will  not  give  |Quinj 
trouble. 

%TilUitM  Barclay  sworn,— Examined  by  Mr, 

What  are  you? — A  shoemaker. 

Where  do  you  live? — In  Dtikc- street, St 
Marlin's-lane, 

How  long  have  you  been  a  shoemaierf^** 
Near  thirty  years> 

Bo  you  kouw  the  prssoncr  at  the  bail- 
Yes, 

How  long  have  you  known  btm  f — Aboet 
6fteen  years. 

Was  he  ever  connected  with  you  at  all  f -« 
Yes. 

In  what  manner  f — He  was  servant  to  on 
for  seven  years. 

As  Journeyman  P->-He  was  foreman  to  mt 
for  seven  years. 

How  long  aro  did  he  cease  to  be  m  scmat 
of  yours?— About  three  years. 

Have  you  known  liim  aince  thai  time?*- 
Ye^. 

During  the  whole  ef  thU  tiitie^  the 
years  helived  with  you,  aod   the  three  _ 
since,  during  which  you    have  known' 
what  character  has  he  boroe  f-^  A  v^eiy 
character, 

A  good  character  for  peace  and  order P-^ 
never  knew  any  thin^  else- 

ta  he  of  a  peocealMe  and  orderly  dt^pMi^ 
tion,  or  the  contrary  ? — 1  always  ttndersIP^ 
he  i:^  as  quiet  a  man  as  can  be. 

Are  )>ou  a  member  of  the  ConMiiutbDal 
Society,  or  the  London  Correapo tiding  3odi^ 
tyf— No. 

Ilavc)-o«  ever  been? — No- 

Thc  rev.  Thitmsi  OHrer  sworn,*-- Esamintd  hf 
Mr.  Gibbs. 


'■» 


Jar  High  Treamru 

iDediatcly  asked  him  the  intent^  or  ultimate 
enct  atid  design  ttiat  this  society  had  in  view^, 
and  he  told  mc  it  was  a  reform  of  parliameDt, 
lIuU  ia  Ui  SHY,  of  the  House  of  ConvEitons^  u(K}q 
ptafififtbie  and  cfinstitutional  princii^les ;  he 
ninher  adfkd  upon  the  same  principles  which 
his  grace  Ihe  «luke  of  Richmona  and  the 
right  hon*  William  Pitt  were  engaged  in,  in 
the  yt'^tr  \JB%*  I  have  frcqu^nily,  m  conver- 
saiion,  tnauired  of  him ,  and  tried  to  suck  out, 
to  gain  wo  at  was  the  intent  of  the  society, 
when  I  heard  some  thing  about  the^e  reports 
of  the  Committee  of  Ihc  House  of  Commons, 
and  so  on,  and  he  told  mc  by  all  means  it  was 
to  obtain  a  parliamentary  reform  upon  con- 
stitutional principles,  in  a  peaceable  mauner. 
Lord  Chief  Justice  Eyre, — Since  the  report? 
—Yes, 

Where  did  you  see  him  ?— At  his  own  house. 
Lord  Chief  Justice  £yre. — Since  the  report? 
-—Yes;  since  the  report 

Lord  Chief  Justice  Eyrt. — Recollect  your- 
self f — I  saw  Mr.  Hardy  at  his  own  house,  it 
was  in  the  summer,  I  believe  it  was  since  the 
report  of  the  House  of  Commons ;  1  am  not 
clear  when  that  report  was  made  exactly  to 
the  date,  nor  witl  I  undertake  to  swear. 

Lofd  Chief  Justice  Eyre. — Therefore  I  stopl 
you»  that  you  might  recollect  yourself. 

Mr,  Giitbt, — State  as  near  as  you  can  the 
time?—  I  think  it  was  some  time  about  the 
beginning  of  June,  or  in  May,  I  am  not  sure  ; 
but  I  was  lit  the  habit  of  calling  upon  him  as 
a  neighbour  when  I  have  gone  past. 

Do  you  remember  the  time  he  was  taken 
up? — I  do  not  remember  the  date  of  it;  I 
remember  to  have  called  at  Mr.  nardy*s,  and 
then  I  was  mformed  by  his  wife  that  he  wa» 
taken  up  ;  she  was  in  a  threat  deal  of  trouble, 
and  very  ill;  slic  was  Frightenod  upon  the 
occasion. 

She  is  dead  since? — ^Yes;  and  she  told  me 

but  a  few  diiVN^ — 

You  must  not  say  what  she  told  you — you 
are  not  sure  what  the  time  was  when  you 
had  this  conversation  ?^>i  believe  in  the 
month  of  May,  to  Ihc  best  of  my  recoI!cclion. 
Are  you  a  member  of  either  of  these  socie- 
ties?—! never  was  in  my  life  a  member  of 
Wjy  political  society  whatever. 

During  tbe  time  that  you  have  known  him, 
jff<hat  has  been  his  character,  I  mean  as  a 
peaceable  man,  or  the  contrary  ?•— I  conceived 
from  my  first  acquaintance  with  him,  that  he 
was  a  roan  of  few  words,  and  of  a  very  humble. 
peaceable  disposition,  and  I  have  never  had 
any  occa&ion  to  alter  that  opinion.  I  believe 
him  to  be  a  man  of  an  honest  disposition,  and 
added  to  that,  if  I  can  judge  from  a  man*5 
conversation,  I  believe  he  is  one  that  fears 
0«d&nd  honours  the  Kin^. 

You  have  collected  this  from  yottr  conversa- 
tion With  him  ? — I  have  from  knowing  himi 
and  the  genera!  tenor  of  his  conduct. 
Have  you  seen  him  often  ? — I  liave. 
You  told  me  vou  bad  taken  pains  to  draw 
Drom  him  what  his  opinions  were  ?— 1  have 
VUl.  XXIV, 


when  I  hrst  became  acouainted  with  him,  and 
after  tliat,  I  believe  I  may  say  wiLli  some 
degree  of  confidence,  that  I  was  in  Ins  confi- 
dence as  a  friend  ;  I  believe  he  looked  upon 
me  tts  a  fnend- 

The  rtv.  Thomas  Oliver  cross  examined  b/^ 
Mr,  Jdvrncy  General. 

You  did  not  belong  to  any  of  these  societies? 
—I  did  not. 

Did  you  ever  see  a  paper  published  as  the 
proceedmgs  at  Chafk-Farni,  with  Mr.  Hardy *s 
name  to  it? — I  never  did. 

Did  you  ever  sec  a  paper  publbhcd  as  the 
proceedings  on  the  ^Oth  of  January,  179*, 
with  Mr.  Hardy's  name  to  it?^ — I  camiot  charge 
my  memory  that  I  ever  saw  it,  1  do  not  recol- 
lect tbe  contents  of  it  ;  I  trouble  my  head 
very  little  about  politics. 

Look  at  that  paper?  [showing;  it  to  the 
witness.] — I  do  not  recollect  that  I  ever  saw 
the  fellow  to  this  paper,  or  this  paper  before. 

Did  you  know  that  Mr.  Hardy  was  a  mem- 
ber of  a  society  that  had  published  resolutions 
in  support  of  Mr  Thomas  Paiue's  Rights  of 
Man  ?— No;  I  did  not- 
Then  I  need  not  ask  you,  I  lake  for  grantc<l, 
whether  publishing  those  resolutions  in  favour 
of  Paiue's  Rights  uf  Man,  shows  tbe  sort  of 
man  that  you  would  suppose  honours  tlie 
king?  what  is  your  auswer  to  that? — I  do 
not  know,  nor  never  did  know,  that  Mr,  Hafdy 
did  favour  those  rcsrdutioos,  or  that  he  pub- 
lished any  ihinj  of  the  kind.  As  1  was  going 
to  observe,  1  Lave  but  very  little  time  to 
meddle  with  those  mailers ;  when  I  can  call 
upon  any  person  that  is  afflicted,  or  any  poor 
person,  or  any  one  to  do  them  any  good,  I 
am  always  ready  to  do  it ;  but  I  have  four 
sermons  to  preach  in  a  week,  and  as  I  make 
thein  myself,  I  have  very  little  i»pare  time. 

Did  you  ever  see  the  book,  called  Faine's 
Rights  of  Man?**-I  have  seen  it,  but  never 
read  it  through. 

Do  you  know  that  Mr,  Paine  was  a  member 
of  tlie  Constitutional  Society  ? — I  do  nut 
know  any  such  thing- 
Do  you  happen  to  know  Mr.  Boguo,  a 
disscnlmg  minister  f  — -I  have  heard  of  such  a 
name,  but  I  do  not  know  the  gentleman* 

Do  you  happen  to  know  whether  he  ha«l 
any  correspondence  with  Mr.  Hardy? — Once 
upon  a  time,  I  think,  Mr,  Hardy  mentioned 
bts  name,  but  I  do  not  know  that  he  said  he 
had  a  correspondence  with  him. 

Did  he  inform  you  whether  Mr.  Bogue  had 
giveu  him  any  advice  about  the  papers ?^ — 
Kever  sud\  u  thing  was  ever  mcutiontd  to 
roe  by  Mr.  Hardy. 

What  did  he  say  to  you  about  Mr.  Bonie, 
the  dissenting  minister  at  Portsmouth.^ — I 
thmk  Mr.  Hardy  asked  nie  if  1  knew  such  a 
gentiemuu,  and  that  he  was  a  worthy  good 
man,  or  t-  ^'^  ■*  ' '-"*"* 

Did  h<  I  at  all  how  1k»  cantve^ 

to   ktiow  ;^:..  '....., ^  ^.    A\.  Y^i)i^»i  ^ 

mouth !  — ^"^  \\^  xsxGKCR  vxi  ^^  ^liWl^A. 


995] 


85  GEORGE  UI. 


Trial  of  Thomat  Harehf 


Cgfl& 


So  that  you  visited  Mr.  Hardy,  he  informed 
you  he  knew  Mr.  Bogue,  a  dissenting  minister 
Bt  Portsmouth,  and  you  had  not  the  curiosity 
to  inquire  what  Mr.  Hardy  in  London,  had  to 
do  with  Mr.  Bogue,  a  dissenting  minister  at 
Portsmoutli?— No. 

Upon  your  oath,  did  Mr.  Hardy  ever  tell 
you  that  he  had  or  not  hcen  down  at  Ports- 
mouth to  visit  any  convicts  on  board  a  ship  at 
Portsmouth  ? — "So, 

Nor  that  he  had  seen  Mr.  Bogue  upon  that 
occasion? — No,  nor  any  other. 

You  know  notliing  of  Mr.  Hardy's  senti- 
ments about  Paine's  works?— The  chief  I 
know  of  him  has  been  his  conversation  touch- 
ing the  best  things;  sometimes  he  has  spoken 
ofpolitics  and  parliamentary  reform,  and  that 
he  was  a  well-wisher  to  it. 

You  said  you  had  read  Paine*s  work  ?— Part 
•fit. 

Have  you  ever  read  any  thing  about  ho- 
nourmg  the  king  in  it  ? — ^No. 

£  think  you  said  you  were  much  in  Mr. 
Hardy's  confidence? — I  do  not  know  how 
much,  but  as  a  minister  may  call  upon  him ; 
it  is  reasonable  to  expect  they  will  put  confi- 
dence in  men  of  our  description,  when  men 
of  character  and  probity. 

Then  he  never  told  you  any  thing  about  the 
proceedings  of  the  London  Corresponding 
Society,  either  at  Chalk-Farm  or  any  of  those 
other  places? — He  did  not;  I  only  came  to 
speak  as  to  what  I  know  about  Mr.  Hardy*s 
character. 

Mr.  Daniel  Stuart    sworn.- --Examined  by 
Mr.  Gibbs. 

I  believe  you  arc  secretary  to  the  Society  of 
the  Friends  of  the  People  ? — I  have  acted  as 
secretary  to  the  committee  of  that  society. 

Meeting  in  Frith -street? — Yes. 

Have  you  ever  happened  to  see  Mr.  Hardy 
the  prisoner  ? — Very  frccjuently. 

Upon  wlial  occasions  have  you  seen  him? — 
I  have  seen  him  many  years  ago,  but  never 
had  occasion  to  speak  to  him  till  within  some- 
tliing  less  than  two  years  ;  about  December, 
1792. 

Upon  what  occasion  did  you  see  him  then  ? 
— ^I'he  London  Corresponding  Society  sent  a 
letter  to  the  Society  of  the  Friends  of  the 
I*eople ;  when  the  letter  was  answered  I  car- 
ried the  answer  myself  to  Mr.  Hardv's  house 
in  Piccadilly,  and,  delivered  it  to  him,  and 
from  that  time  in  passing  Piccadilly  frequently, 
I  have  called  in  at  his  shop,  merely  to  converse 
with  him,  and  to  know  what  news  there  was. 

Had  you  any  conversations  with  him  relative 
to  the  London  Corresponding  Society  ?— Very 
frequently. 

What  did  he  tell  you  the  object  of  that 
society  was  ?— He  always  told  me  the  sole 
object  of  the  society  was,  a  reform  in  the  re- 
presentation in  the  House  of  Commons. 

Did  he  ever  converse  with  you  upon  the 
way  in  which  he  wished  that  reform  to  be 
bivu^ht  about? 


Mr.  Attorney  Generat.— That  is  not  a  proper 
question. 

Mr.  GiMt.— I  ask  this  in  order  to  sift  the 
mind  ef  the  prisoner ;  the  crime  imputed  to 
the  prisoner  is  an  act  of  the  mind ;  thu  case  ia 
an  anomalous  one — the  compassing  in  his  own 
mind  the  king's  death  ;  I  am  asking  as  to  the 
conversations  he  has  had  upon  the  subject^  ia 
order  to  find  what  were  his  intentions,  what 
the  state  of  his  mind  was  upon  that  subject. 

Lord  Chief  Justice  £yr&-«>-What  the  tenor 
of  his  conversation  was,  is,  I  suppose,  your 
object. 

Mr.  Attorney  General, — I  cannot  aay  i 
think  it  worth  disputing. 

Mr.  Gi6fct.— What  were  the  means  bj 
which  you  understood  from  him  thai  the  Loo- 
don  Corresponding  Society  wished  to  bring 
about  this*  end?— 3  always  understood  from 
him,  that  he  thought  the  best  means  were  to 
inform  the  people  of  the  bad  state  of  the  re- 
presentation, and  so  to  gain  a  number  of 
members  to  the  society,  that  they-  might  get  a 
great  number  of  signatures  to  a  petition  to 
parliament,  by  which  means  a  reform  might 
be  obtained. 

Did  you  see  him  at  any  time  afWr  this?— 
Since  that  time,  till  the  time  that  he  was  taken 
up,  I  was  in  the  habit  of  calling  on  him  per- 
haps once,  twice,  or  more  times  in  a  week;  it 
was  very  uncertain ;  principallv  from  curiont^f 
I  used  to  call  at  his  house,  ana  have  conversa- 
tion with  him  generally  about  his  aodetf, 
and  the  other  societies  that  his  society  woe 
in  correspondence  with,  alx>ut  what  they  were 
doing  respecting  a  reform  in  parliament;  that 
always  made  the  basis  of  our  conversation. 

Did  it  appear  to  you,  that  he  reposed  confi- 
dence in  you  ? — I  have  not  a  doubt  he  dii;  we 
talked  very  freely  about  a  reform  and  the  belt 
means  of  producing  it,  and  in  one  point  be 
and  I  never  could  agree :  he  said  the  duke  of 
Richmond's  plan  would  be  the  plan  at  la«t— I 
said  I  did  not  think  it  was  the  best  plan;  that 
was  the  only  point  we  disagreed  upon. 

Had  you  any  conversation  with  him  con- 
cerning this  convention  that  was  talked 
about  T 

Mr.  Attorney  Gemral, — This  convention 
that  was  talked  about — not  having  said  one 
word  about  a  convention. 

Mr.  Gi66s.— There  may  be  a  little  irregu- 
larity in  putting  the  question,  1  only  want  to 
bring  him  to  tiic  time. 

Lord  Chief  Justice  Eyre. — You  ought  to 
inquire  to  be  sure,  first  of  all,  whether  bi 
knows  any  thine  of  a  proposed  convcnlion, 
and  whether  he  had  any  opportunity  of  know- 
ing what  the  prisoner's  sentiments  were  re- 
specting that  convention. 

Mr.  Gibbs. — Had  you  ever  any  conversation 
with  him  ? 

Mr.  Stuart. — There  is  one  thing  in  piiti- 
cular  I  think  it  my  duty  to  mention  witn  re- 
gard to  whether  he  was  likely  to  ooofide  in 
me,  or  tell  mc  bis  mind- 

Lord  Chief  Justice  Eyre.-^Ymt  have  miA 


997] 


fur  High  Treason. 


you  thought  he  did  put  confidence  in  you  ? — 
There  was  one  particular  occasion 

Lord  Chief  Justice  £yre. — I  do  not  want 
to  know  the  private  history  between  you  and 
him ;  if  you  say  you  think  he  put  confidence 
in  youy  it  is  very  well. 

Mr.  Gibbt. — Had  you  ever  an^r  conversa- 
tion with  him  about  any  convention  ? — I  do 
not  exactly  remember  that  I  had ;  but  I  have 
no  doubt  that  I  had. 

During  the  time  you  have  known  him, 
what  character  has  he  borne  ? — From  others 
and  from  my  own  observation,  I  iiave  always 
thought  him  a  very  simple  man  in  his  man- 
ners ;  of  a  very  inoffensive,  peaceable  con- 
duct, and  the  last  man  I  should  have  thought 
that  would  have  been  guilty  of  any  violent 
conduct. 

Have  you  had  any  opportunity^  of  collecting 
from  him  whether  it  was  his  object  to  bring 
this  about  bv  peaceable  means,  or  otherwise? 
— I  have  always  heard  him  sav  he  wished  it 
to  be  brouzbt  about  by  peaceable  means ;  I 
never  heard  bim  mention  violent  means  in  my 
life — quite  the  reverse. 

Mr.  Daniel  Stuart  cross-examined  by  Mr. 
Attorney  General 

You  are  secretary  to  a  societv  calling  them- 
selves the  Friends  of  the  People  ?— -Secretary 
to  the  committee  of  the  society ;  I  never  was 
apMiBted  secretary  to  the  society. 

You  know  tlicre  is  a  society  in  London 
odled  the  Society  for  Constitutional  Informa- 
tion ? — ^Yes ;  I  know  there  is. 

It  may  possibly  have  occurred  to  you,  as 
secretary  to  the  Society  of  the  Friends  of  the 
People,  to  know  that  the  latter  society  re- 
jected all  correspondence  with  the  former? — 
Yes;  I  know  that. 

Did  vou  happen  to  know  that  the  prisoner 
at  the  bar  was  an  associated  member  of  that 
tociety  ?—  I  never  heard  that  he  was ;  I  never 
knew  of  my  own  knowledge  who  were  mem- 
bers of  either  the  London  Corresponding  So- 
ciety, or  the  Society  lor  Constitutional  Infor- 
mation. 

Then  you  being  secretary  to  the  committee 
of  the  Society  of  the  Friends  of  the  People, 
and  the  Society  of  the  Friends  of  the  People 
having  rejected  all  correspondence  with  the 
Society  for  Constitutional  Information,  you 
did  not  know  that  the  prisoner  was  an  asso- 
dated  member  of  the  Society  fur  Constitu- 
tional  Information  ? — I  never  knew  it  in  my 
life. 

Do  you  remember  a  letter  beins  written 
\y  your  society  to  the  Society  for  Constitu- 
tional Information,  from  lord  John  Russel? — 
Yes. 

Do  you  remember  any  correspondence  be- 
Ureen  your  society,  the  Friends  of  the  People, 
and  a  society  at  Sheffield  f— Yes,  I  do. 

Do  you  recollect  whether  that  was  in  the 
month  of  May,  1798,  or  not?-— Yes ;  I  think 
the  first  letter  received  firom  Sheffidd  was  in 
the  month  of  May,  1798, 


A.  D,  1794..  [998 

Do  you  happen  to  know,  that  the  society 
at  Sheffield,  in  the  month  of  May,  1799, 
wrote  a  letter  to  the  Constitutional  Sodety, 
whose  correspondence  vour  society  had  re- 
jected, saving,  they  would  have  nothing  more 
to  do  with  the  Friends  of  the  People,  because 
they  were  not  pursuing  the  principles  of  the 
rights  of  man  ?  —  I  know  nothing  of  that 
at  all. 

Do  you  recollect  what  were  the  reasons 
why  the  Society  of  the  Friends  of  the  Ppople 
would  have  nothing  more  to  do  with  the  So- 
ciety for  Constitutional  Information?^!  be- 
lieve the  reasons  are  assigned  in  the  letter 
that  was  sent  in  answer. 

With  reference  to  their  having  recom- 
mended Mr.  Painc's  great  plans  of  reform  ? — 
Yes ;  I  believe  that  is  in  the  answer. 

Do  you  happen  to  know,  that  the  London 
Corresponding  Society  have  been  going  upon 
the  same  plans  of  reform  ?— I  cannot  exactly 
say  that  I  did. 

Did  you  ever  see  the  London  Correspond- 
ing Society's  address  of  the  6th  of  August, 
1798  ?— I  cannot  say  I  ever  saw  it. 

Did  you  ever  see  an  address  of  the  London 
Corresponding  Society  of  the  80th  of  January, 
1794?— I  have. 

Have  you  seen  the  London  Corresponding 
Society's  resolutions  at  Chalk-farm? — Yes,  I 
have. 

They  wrote  to  your  society  about  a  con- 
vention, I  believe  ? — They  did. 

You  rejected  that  ?  —  The  society  de- 
clined it. 

I  believe  your  society  had  some  corres- 
pondence with  the  London  Corresponding 
Society ;  during  all  these  proceedings,  do  you 
recollect  any  application  tney  made  to  you  to 
know  the  prindples  of  your  society  ? — I  think 
there  was  a  letter,  not  exactly  to  know  tho 
principles  of  the  society,  but  to  know  the 
plan  tney  meant  to  adopt 

Did  your  society  inform  them  what  length 
they  meant  to  go  at  that  time  ? — I  believe 
they  declined  to  inform  them. 

Do  I  understand  you  right,  that  you  never 
heard  of  the  prisoner's  beins;  an  associated 
member  of  the  Constitutional  Society  whose 
correspondence  your  society  had  rejected; 
that  you  knew  nothing  of  the  address  of  the 
London  Corresponding  Society  of  the  6th  of 
August,  1792 ;  that  you  knew  nothing  except 
what  you  have  learned  now  of  the  nroceed- 
ings  of  the  30th  of  January,  1794,  and  of  the 
proceedings  at  Chalk-farm  ? — Nothing  more. 

Look  at  this  printed  paper  [showing  it  to 
the  witness] :  is  tnis  an  account  of  the  pro- 
ceedings of  your  society  ? — This  seems  an  au- 
thentic copy  of  the  proceedings  of  the  society 
I  belong  to. 

As  you  were  secretary  to  the  society,  you 
can  inform  me  whether  the  eentlemen,  whose 
names  appear  here,  are  all  members  of  the 
Spdety  of  the  Friends  of  the  People?— \.  Vx»- 
lieve  not  all  of  \V^ia  \  «om«  Vvan^  Nrv>dci^v«^^ 
and  some  new  memW«  Wm«  >a«j«Kk  %ft&ft^  >» 
this  society,  smce  XWxXvsx  vi^^  toa^^ 


99d] 


35  GEORGE  III. 


TruU  of  Thomas  Hardy 


[1000 


You  are  aware  of  the  fact,  supposing^  it  to 
be  a  fact,  that  afler  the  Society  of  the  Fnends 
of  the  People  had  rejected  correspondence 
with  the  Constitutional  Society,  by  their 
letter,  that  some  individuals  still  remained 
members  of  both  societies  ? — ^Ycs ;  I  do  not 
exactly  know  farther  than  from  report,  who 
were  members  of  the  Constitutional  Society, 
but  from  the  evidence  I  certainly  believe  that 
there  were  gentlemen  who  were  members  of 
both. 

Mr.  Daniel  Stuart  re-examined  by  Mr.  Gibbs. 

What  objections  did  the  Friends  of  the  Peo- 
ple take  to  that  letter  which  was  sent  to 
theni?->I  really  cannot  say  what  objections; 
at  the  time  that  letter  was  sent,  it  was  in  the 
beginning  of  the  society,  and  at  that  time  I 
was  never  present  at  the  meetings  of  the  so- 
ciety, or  the  committee,  and  cannot  form  any 
opinion  of  any  other  objections  than  what 
are  stated  in  the  letter. 

John  Carr  called. 

[This  witness  was  sworn,  according  to  the 
form  used  in  the  church  of  Scotland,  holding 
up  the  right  hand,  repeating  these  following 
words : 

"  I,  John  Carr,  dp  swear  by  God,  and  as  I 
shall  answer  to  God,  at  the  great  day  of 
Judgment,  that  I  will  speak  the  truth,  the 
whole  truth,  and  nothmg  but  the  truth ; 
so  help  me  God."] 

Examined  by  Mr.  Gibbs. 

Are  you  a  member  of  either  of  these  socie- 
ties ?— I  am  not. 

How  long  have  you  known  Mr.  Hardy  ? — 
Upwards  ot  twenty  years 

Have  you  known  him  well  during  that 
time  ? — Yes. 

What  character  has  he  borne  during  that 
time  ? — The  character  of  a  sober,  peaceable, 
honest,  worthy  man. 

From  what  you  know  of  his  character, 
is  he  a  man  at  all  likely  to  raise  any  dis- 
turbance, or  commit  any  acts  of  violence? 
— Never. 

Mr.  Attorney  General. — ^That  is  a  question 
never  put. 

Mr.  Gibbs.^lt  is  a  question  I  never  heard 
any  objection  to. 

Lord  Chief  Justice  Eyre.  —  I  have  often 
heard  it  put,  and  often  heard  it  objected  to ; 
it  is  certainly  not  a  strictly  regular  question ; 
you  arc  to  ask  his  general  character,  and 
from  thence  the  jury  are  to  conclude,  whether 
a  man  of  such  a  character  would  commit  sach 
an  offence ;  at  the  same  time,  in  justice  to 
the  auestion,  I  must  say  I  have  known  it 
askea  a  hundred  times;  I  have  Tery  often 
myself  objected  to  it. 

Mr.  GamWd — If  it  had  not  been  for  the 
obsermtion  that  it  never  was  objected  to,  it 
vkHiMiwt  have  been  objected  to. 


John  Stevemon  sworn.  —  Examined  by  Mr. 
Gibbi. 

What  are  you  ?^A  coal-merchant. 
How  long  have  you  kncfwn  Mr.  HtrJvf— 
About  eight  or  nine  years,  as  near  as  I  can 
recollect. 

Are  you  a  member  of  eitber  of  these  so- 
cieties ?—I  never  was. 

What  character  has  Mr.  Hardv  borne  dur- 
ing the  eight  or  nine  years  you  nave  blown 
him  ?— I  have  always  esteemed  him  as  a  man 
of  a  mild,  peaceable  disposition. 

Have  you  known  him  well   during  that 

time  ?— Yes ;  durins  seven  years  of  tmd  po- 

j  riod  he  was  with  Mr.  Barchiy,  who  mans 

shoes  and  boots  for  me,  and  1  had  ocCaskm 

to  see  him  frequently  in  his  master's  boa- 

;  ness ;  he  always  behaved  with  great  upriefat- 

uess  as  far  as  I  had  occasion  to  observe  nioiy 

and  I  always  esteemed  him  aman  of  apeace- 

:  able,  mild,  disposition,  and,  as  to  moral  cfaa- 

1  racter,  I  know  no  man  that  goes  beyond  bhn. 

I      Has  that  been  his  general  character  f— ti 

has  been  as  far  as  I  ever  knew,  I  neVer  beaid 

any  thing  to  the  contrary. 

Alexander  Gregg  sworn.— Examined  by  Mr. 
I  Gibbi. 

i     What  are  you  ? — A  bookbinder. 

How  lone  have  you  known  Mr.  Hardyi  the 
prisoner  ?— -Seven  vears  last  May. 
i     Have  you  livecf  in  the  same  bouse  with 
him  at  any  time  ? — No,  never. 
Have  you  known  him  intimately? — Yes. 
What  has  been  his  character  durme  those 
■  seven  years  that  you  have  known  nimF— 
Always  a  very  sober,  industrious,  rather  a  re- 
ligious man  than  otherwise. 

Has  lie  been  a  peaceable,  orderly  man  ?— 
As  far  as  ever  I  saw. 

Have  you  known  him  well  durine  this 
time  ? — Yes ;  as  a  neighbour,  constant^. 

Is  this  his  general  character  ? — It  is,  as  ftf 
j  as  I  ever  heard. 

i  Mr.  Attorney  General. — Were  you  a  mem- 
ber of  the  Corresponding  Society  ? — I  never 
entered  the  threshold  ot  the  door  of  any  of 
the  societies. 

William  Henderson  sworn,  by  holding  up  the 
!        right  hand.— Examined  by  Mr.  Gibbs, 

I      What  are  you  ? — A  dealer  in  eegs. 

How  long  have  you  known  Bdr.  Hardy?— 
j  Near  about  twenty  years. 

Have  you  known  him  weH  during  tbtt 
time?-- Perfectly  well ;  I  have  been  intimitelf 
acquainted  with  him  for  twelve  years. 

What  character  has  he  borne  during  tbMe 
twelve  years? — An  universally  good  ch«- 
racter,  for  any  thing  I  ever  heanl  of  him;  t 
sober,  honest,  sedate,  religions,  good  maa. 

Is  he  of  a  peaoeable  dispositoi  P^I  t/t^ 
knew  to  the  contraiy. 

Are  y^  a  member  «f  eMWr  of  Um  addetiei^ 
— ^o. 

\ 


V 


1001]  fir  High  Treason. 

Tbe  rev.  Jama  Sttutu  tuXUA. 

[This  witness  was  sworn,  holding  up  the 
riglit  hand,  repeating  these  following  woras  t — 

<<  I  swear,  in  the  name  of  God,  u  1  shall 
answer  to  Ood  in  the  day  of  Jndsment, 
that,  in  this  case,  I  shall  tell  the  tmUi,  the 
whole  truth,  and  nothing  but  the  truth.''] 

Examined  by  Mr.  Qikln, 

You  are  a  minister,  I  understanAf— I  am. 

How  long  have  you  known  Mr.  Hardy,  the 
jprisoder  at  the  btr?— Eter  slooelcameto 
London;  seven  years. 

Have  yon  known  hhn  well,  during  that 
time  f— Pretty  intimately. 

Has  he  attended  your  congregation? — 
Regularly ;  he  was  a  member  of  the  congre- 
gation before  I  came  to  it,  And  YtiS  tohtiiliic^ 
so  ^ver  since. 

During  the  time  you  have  known  him^ 
what  character  has  oe  borne  ?— i-A  very  re- 
spectable character. 

In  all  resfyects? — So  far  as  I  was  con- 
nected with  him  as  a  member  of  a  religious 
Mciety. 

As  tar  as  you  know  him,  ho  has  deserved 
that  character  ? — Yes. 

What  is  his  genehil  character  f—His  general 
icharacter,  in  our  congregation,  is  much  to  his 
honour  as  to  his  moi^  conduct,  and  as  being 
m  peaceable  member  of  a  christian  society ; 
and  he  is  believed,  by  all  in  that  sodefy, 
to  be  a  man  of  conscience,  both  towards  Ckid 
and  man. 

Mr.  Attorney  OeneraL—Yaa  are  not  a 
member  of  the  Corresponding  Society,  I  be- 
lieve f — I  never  was  a  member  of  any  polftical 
society. 

feter    Machean    sworn,  by  holding  up  the 
right  hand.— Examined  by  Mr.  Gibbt. 

Hew  long  have  you  known  the  prisoner  at 
the  bar,  Mr  Hardy  ?-^I  have  known  him  these 
icireBleen  years. 

What  arc  you? — I  am  a  shoemaker. 

Daring  these  seventeen  years  have  you 
known  hmi  well? — Very  well;  I  have  bneen 
verv  intimate  with  him. 

During  that  time  what  character  has  he 
borne  P — A  very  amiuble  character  indeed, 
both  civil  and  religious. 

Do  you  speak  frum  your  knowledge  of  him  ? 
— From  my  own  knowledge. 

What  is  his  general  character  P-^A  peace- 
able, quiet,  well  disposed  man. 

Are  you  a  member  of  either  tbe  Gonstitu- 
tsonsl  or  the  London  Corresponding  Sdoiaties  P 
— No. 

Fiter  ^achtan  cross-examined  by  Mr. 
Attorney/  General. 

How  long  have  you  ceased  to  be  a  member  ? 
»— I  have  ceased  to  be  a  member  these  two 
years.  I  believe ;  through  an  indisposition  I 
was  laid  tip  with  tbt  gout,  whith  cMifined 
mm  wn  months. 


A.  D.  17M« 


[1002 


yfhki  divbioti  did  you  use  to  attend.^ — 
When  I  did  attend,  1  attelided  the  diviAou 

No.  a. 

Where  did  that  meet  P— At  the  Blue 
Posts  in  the  Haymarket. 

Did  you  ever  attend  any  other  division  ? — 
I  attended,  but  not  reeularly;  I  attended 
in  Mr.  Hardy's  division,  No.  tf . 

Where  was  that  ?— Proctor's,  in  CoVent 
Garden;  I  was  there  only  once. 

Do  you  remember  coming  16  aiky  resolu- 
tion about  Paine*s  Rights  of  Man  ?— No,  not 
any. 

.  When  did  you  cease  to  be  a  member  of  the 
society? — About  two  years  ago )  I  candot  re- 
totiect  the  month. 

Do  you  remember  yoiu:  society  writing  te 
the  society  for  Constitution^  Informtfnon, 
to  desirt  you  might  have  iomt  membevs 
associated  with  them  P— ^Perhaps  I  mijht. 

Do  you  remember  your  society  sooseribHlrg 
to  Mr.  Paine  P  -^No ;  my  division  never  did. 

So  theti  you  do  not  recollect  any  thine 
about  the  society  havkig  any  thing  to  da  with 
Mr.  Paine*s  RighU  of  Man?— Not  in  th« 
least ;  that  was  at  the  end  of  c^  meeting. 

Did  you  ever  nieet  in  Exeter-  street  P— ^f  es. 

Who  was  your  delegate  there  P-*-We  hod  no 
delmte  thert. 

Was  ttot.that  a  meeting  of  delegates  fct  thd 
Bell,  in  Exeter- street,  at  the  begin  nin4^  of 
itit  society  P-^No :  ¥e  divided  firom  the  Bell 

Before  you  divided  from  the  Bell,  wlio  fHtt 
yonr  delecate  from  that  division  P  —  W^ 
had  no  delegates  at  all ;  vre  were  no  ways 
formed. 

You  belonged  to  it  at  the  very  first  P— Yes. 

Who  was  your  chairman  at  the  first 
meeting?- -I  am  not  sure ;  I  c&onot  recoUeeC 
whether  it  was  Margarot,  or  whether  it  i^ms 
somebody  else ;  I  really  cannot  possibly  sky. 

You  knew  Margarot  very  well? — Ves. 

He  iras  a  man  of  a  very  peaceable,- eivil 
dispositi4m  P— He  Was,  jo  far  a«  ertk  I 
knew :  I  had  very  little  acquaintance  With 
Mr.  Margarot. 

Do  you  recollect  who  were  the  other  mem- 
berSf  at  the  fir^  meeting  at  the  Bell'-wift 
Mr  Hardy  one  of  them  ?— Yes. 

Do  yon  recollect  any  other  person  who 
was  one  of  the  first  member!^  of  the  houMtt 
Corresponding  Society  ?— -Yes ;  there  wason^ 
of  the  name  of  Black,  and  several  others. 

Give  me  another  name  P-«-And  Mr.  Oow  ; 
he  is  dead  and  eune. 

Do  you  recollect  any  body  else  ? — I  caitfioi 
recollect  any  more. 

How  many  were  you  altogether — what  was 
the  number  that  met  at  first,  at  the  Bell,  in 
Exeter-btreet:'— -Sometimes  there  were  more, 
sometimes  less. 

But  what  was  the  greatest  nAmbar  Ukat 
ever  met  there  ?— 1  here  might  ba  thirt^^  9t 
forty,  or  more. 

Do  you  mean  to  swear  ihal^|fi<^tetiieK^^ 
memlm  an^  tiMi^  liiMi^  tlicrt)  ^  %«^S 


1 


lOOS]        35  GBORGE  IIL 

the  first  lime  ?— The  first  time  I  was  not  there- 
Mr,  Atiornetf  GaicraL—ThQ  first  time  you 
were  tliere  ;  bow  many  were  they,  to  tbe  best 
©f  your  recoUectiou  ?— There  might  be,  [jos&i' 
bly,  twenty. 

Vou  are  sure  Margjtrot  was  one  of  thetn ; 
you  are  clear  about  thil  ?— 1  think  m;  I  couJd 
Bot  be  poiiitive* 

You  are  sworn  to  speak  the  whole  try  lb ;  I 
desire  to  kuow  tlie  oaines  of  ail  of  thetn  that 
you  recollect  f — There  was  a  Mr.  Meny,  I 
recoUecL 

Wboelse?— A  Mr,  Dowling. 

Had  you  no  cler^iucu  among  you  ? — Not 
ai^,  that  I  know  oC 

iliid  you  auy  phy&lciaDi  among  you? — I 
cannot  say  we  liad. 

Any  gentleman  of  any  other  profession 
among  you  ? — ^X  do  not  know  that  we  had. 

Upon  your  oath,  can  you  recollect  nobody 
^lae,  but  those  you  hitve  named  ? — I  cannot. 

How  many  divisions  were  there  of  tbe 
society,  at  ine  time  you  left  them  f — I  couki 
not,  positively^  say  any  thing,  as  to  how  many 
there  were. 

Were  there  two  or  three,  according  to  your 
knowledge? — 0,  there  must  be  more  than  ihaL 

What  was  the  number  of  the  society »  at  the 
time  you  le^  it,  taking  in  all  the  divisions 
that  belonged  to  it  t — ^1  cannot  say  any  thing 
to  that. 

As  you  belonged  to  the  society  originally, 
who  Srtw  up  your  original  code  of  laws  ?>«£ 
believe  Mr.  Margarot  was  t[ie  principal  man. 

Was  any  body  else  employed  along  with 
Mr.  Margiirotto  do  it  ?— Possibly  there  might 
be;  I  do  not  recollect  who  was. 

Upon  your  oath,  do  not  you  recollect  ^vho  it 
was  that  was  to  draw  up  your  original  laws  F 
— No ;  I  cannot  recollect. 

Did  you  over  visit  any  body  in  the  nelgbbonr- 


Trial  of  JTumoi  Hardy  []00i 

What  cbamelcr  has  he  borne  during  tlat 
time?— *  A  sober,  honest,  industjiouS)  aad 
peaceable  man. 

Is  that  his  general  character!— I  nevtr 
knew  him  to  be  otherwise. 

Arc  you  a  member  of  either  of  the  aocielm? 
— I  never  was, 

Alexander  Gordon^  cross-examined  by  B£r. 
Atiomfy  GtntrtU. 

Were  do  you  liircF—Iii  Union -stred^  ia 
the  ci^i 
You  do  not  live  in  Alders^te- street,  >a, 

91  ?^No. 

Do  you  know  any  hodj  of  your  oame  llul 
lives  there  I — I  do  not. 


John  Bogue,  called, 
[This  witness  was  swora,   holding 


the 


I  inis  wimess  was  swora,   noLdmg  up  i 
rignt  hand,  repeating  the  following  words ; 

**  1  do  swear,  in  tbe  presence  of  Almigblx 
God,  and  as  I  shall  answer  to  God  at  the 
creatday  of  Judgment,  that  the  eirideneel 
shall  give  to  !lie  Court  and  jury,  betweoi 
our  sovereign  lord  the  king,  and  the  prixiDer 
at  the  bar,  shall  be  the  trutli,  tbewbok 
truth,  and  nothing  but  the  truth."} 

Examined  by  Mr.  Gi^, 

What  are  yon  ?— A  carpenter  and  cabicd^ 
maker. 

Where  do  you  liveN--In  KiDg-iiFedt 
Golden-square. 

How  long  have  you  known  Mr.  Hardy*— 
Ten  years. 

tlavc  you  known  him  well  &ince  that  timc^ 
-^Yes ;  I  have  known  him  to  be  an  indu^ 
trious,  an  honestt  and  a  christian  man,  I 
believe. 

What  is  his  general  character? — Whit  I 
hare  said. 


1005] 


Jij/r  High  Treoiofu 


way  your  way  of  taking  the  oath  ? — I  have 
taken  it  that  way  before,  it  is  the  way  I  have 
taken  it  ^nce  I  came  into  this  country. 

Do  you  feel  the  obligation  of  an  oath  taken 
in  that  way  ?— Yes  I  do ;  I  am  perfectly  satis « 
fied  with  it  this  way. 

Mr.  Gibbs, — How  lonz  have  you  known  the 
prisoner  ? — Upwards  of  five  years. 

Have  you  known  him  well  during  that  time? 
— ^Yes ;  I  have  done  business  with  him. 

What  character  has  he  borne  during  that 
time  ? — A  strictly  honest  character^  an  upright 
peaceable  man,  as  any  in  the  world ;  I  have 
bad  occasion  to  call  upon  him  often. 

Have  you  known  him  well  ?— Perfectly  well. 

What  is  his  general  character?— A  very 
peaceable  man,  a  strictly  honest  man^  particu- 
larly so. 

Has  he  ever  talked  with  you  upon  what  was 
the  object  of  the  London  Corresponding  So- 
ciety at  all  ? — He  may  have  mentioned  it,  but 
our  conversation  was  entirely  upon  business. 

You  have  not  had  any  conversation  with 
him  on  the  subject? — He  might  have  men- 
tioned it,  but  not  mu-ticularly. 

Mr.  Attorney  General. — You  are  not  a 
member  of  the  London  Corresponding  Society  ? 
— ^No,  I  never  was. 

Jamti   Hardy  sworn. — Examined  by  Mr. 
Gibhi. 

"What  business  are  you  ?— A  erocer. 

I  believe,  you  arc  not  a  relation  to  Mr. 
Hardy,  the  pnsoner? — No. 

Where  do  vou  live  ? — In  Smith6eld. 

How  long  have  you  known  the  prisoner?— 
Ever  since  the  year  1779,  or  1780. 

Have  you  known  him  well  F-r^I  know  him 
by  being  a  neighbour  of  his. 

From  the  year  1780,  to  the  present  time, 
what  character  has  he  borne?— I  never  heard 
anv  but  the  best  of  characters,  a  quiet,  peace- 
able disposition. 

Has  that  been  his  general  character? — From 
what  I  know  of  him  it  has. 

And  from  what  you  have  heard  of  him  ? — 
And  from  what  I  have  heard  of  him. 

Mr.  Attorney  General, — Were  you  a  mem- 
ber of  any  of  those  societies  ?— Never. 

Sit  being  now  twenty  minutes  past  twelve 
ock,  on  Sunday  raomine,  the  Court  ad- 
journed to  eighto'clock,  on  Monday  morning.] 


Settion  Houte  in  the  Old  Bailey,   Monday, 
November  the  3rd,  179*. 

Present, 
Lord  Chief  Justice  Eyre,  Lord  Chief  Baron 
Macdonatd,    Mr.  Baron  Hotham,    Mr. 
Justice  Buller,   Mr.  Justice  Grose,   and 
others  his  Majesty's  Justices,  &c. 

Thomat  Hardy  set  to  the  bar. 

Mr.  Enkine, — My  lord,  I  would  now  state 
a  fact,  which  probably  the  attorney-general 
will  admit— Your  loidship,  and  the  jury,  will 


A.  D.  1794.  [1006 

recollect,  that  in  the  course  of  the  evidence,  a 
letter  was  proved  to  have  been  written  by  one 
Davison,  at  Sheffield,  to  the  prisoner  at  the 
bar,  Mr.  Hardy,  enclosing  a  letter  (which 
letter  was  also  read  to  the  jury),  which  waa 
requested  tc  have  been  forwarded  by  the  pri- 
soner to  Norwich,  for  purposes  similar  to  that 
for  which  Davison  is  supposed  to  have  sent 
it;  I  wish  to  prove,  by  a  gentleman  now  in 
my  eye,  if  the  fact  is  not  aomitted,  that  that 
letter  was  found  in  Mr.  Hardy's  possession 
unopened. 

Lord  Chief  Justice  Eyre. — The  material 
observation  arising  upon  it  is  that  it  was 
unsent,  because  he  haa  no  business  to  open  it. 

Mr.  Enkine, — It  is  a  strong  circumstance 
that  it  remuned  unopened  and  unsent,  for 
such  a  length  of  time. 

Lord  Chief  Justice  Eyre.— Its  beine  unsent 
is,  I  thmk,  a  strone  circumstance  indeed,  but 
its  being  unopened  I  do  not  think  amounts  to 
much. 

John  King,  esq.  sworn. — Examined  by  Mr. 
Enkine. 

Did  you  find  the  letter  in  the  possession  of 
the  prisoner,  when  he  was  taken  into  custody, 
which  has  been  siven  in  evidence,  in  an 
enclosure  ? — ^No ;  I  did  not  find  any  of  the 
letters,  they  were  aJl  taken  away  by  the  people 
who  came. 

Did  you  see  them  ? — I  saw  them. 

Was  the  enclosure  of  the  letter,  that  was 
directed  to  Norwich,  open  or  not? — I  cannot 
exactly  speak  as  to  that  fact ;  but  I  remember 
the  messenger,  while  he  was  marking  thA  • 
paper,  said,  **  here  is  a  letter  unopened/'  I 
suppose  that  to  be  the  letter. 

Who  was  that  person?— I  think  it  was 
Gumell. 

You  recollect  the  messengers  takine  notice 
that  there  was  a  letter  then  unopened?— Yes; 
which  I  understood  to  be  a  letter,  enclosed  in 
another  letter.  I  said,  **  open  that  letter  and 
mark  it  the  same  as  the  rest.'' 

David   Martin  (sworn) — Examined  by  Mr. 
Enkine, 

What  is  your  trade? — An  engraver. 

Where  is  your  place  of  residence? — At 
Sheffield. 

How  long  have  you  been  an  inhabitant  of 
Sheffield  ? — About  twelve  vears. 

Have  you  carried  on  trade  during  that  time  ? 
— I  have. 

Were  you  a  member  of  the  Sheffield  So- 
ciety ?— 1  was. 

When  did  you  become  so  ? — Within  about 
three  months  from  the  time  of  its  commence- 
ment. 

Up  to  what  time  did  you  continue  a  mem- 
ber r— Till  the  time  that  Mr.  Camage,  and 
other  persons,  were  taken  up ;  that  is,  I  have 
not  attended  at  the  Hocicty  smce. 

What  was  your  object  in  being  a  member  of 
that  society  ? — For  tlie  ^Mtym^  ^\  ^vafxcASD^^ 

\)^  \e^a\  and  CAtA>iVi>AQt»i  \&kwd&« 


1007]       S5  GEORGE  lU. 

That  was  your  own  object  f-rit  was. 

I  ask  vou,  upon  your  solemn  oaAh,  and  the 
truth  is  better  than  all  other  things,  from  all 
that  you  observed,  and  heard,  andsaw,  in  the 
course  of  yuur  attendance  upon  that  society, 
had  you  ^oy  reason  to  believe,  or  have  you 
now,  before  God,  any  reason  to  believe,  that 
their  objects  were  diflterent  from  your  own  ?— 
By  no  means. 

Did  you  ever  see  anv  thing  pass,  or  did  you 
bear  any  thing  that  led  you  to  believe,  or  that 
leads  ^ou  now  to  believe,  that  there  was  an 
iotentioiD  to  attack  the  soveroment  by  armed 
force  and  violence  ?--Not  the  most  distant 
idea  of  it 

Were  you  a  member  of  the  Sheffield  Society 
at  the  tuna  it  sent  its  delegates  to  Scotlsmd? 
•^Yes,   I  was. 

From  what  passed  in  the  society,  upon  that 
cocaaioB,  what  was  your  object  in  sending 
your  delegate ;  what  was  he  to  do  ?-— For  the 
purpose  of  co-operating  with  the  other  dele- 
gates from  the  different  societies,  in  order  to 
produce  the  object  I  have  already  mentioned. 

By  what  means  did  you  intend,  or  contem  ■ 
plate,  tlMt  this  end  was  to  be  accomplished  ? 
-!— fiv  a  petition  to  parliament. 

What  was  the  reason,  afler  the  petition 
bcQught  forward  by  Mr.  Grey  had  been  re- 
jected, (or  liaving  delegates?  what  did  ^'ou 
expect  would  he  tlic  consequence  of  a  pctitbn 
from  delegates? — ^I  do  not  perfectly  under- 
stand you. 

What  good  efkci  did  you  expect  to  arise 
from  sending  delegates  in  order  to  have  a 
Jtelition  from  large  bodies  of  people  ?~The 
efl'ect  of  a  general  co-operation  ut  the  great 
botly  of  the  people,  the  effect  of  the  general 
sientimcnt. 

What  effect  did  you  expect  that  sentiment 
to  produce?  did  you  expect  it  io  make  an  im- 
pression upon  the  parliament  so  as  to  induce 
them  to  grant  the  redress  applied  for  ?— Yes. 

You  expected  that  the  general  sentiment  of 
the  people,  as  far  as  you  could  collect  it,  would 
make  an  impression  upon  the  parliament,  and 
produce  that  eflbct  ?— I  did. 

1  ask  you  solemnly,  upon  your  oath,  whe- 
ther it  was  in  your  comtemplalion,  or  from 
what  you  heard  and  saw  in  the  course  of  the 
debates  and  proceedings,  as  tar  as  you  are  ac- 
quainted with  them,  whether  it  was  the  inten- 
tion of  those  delegates  to  contrive  means  by 
which  parliament  should  be  compelled  to 
gmnt  it  ? — By  no  means. 

Would  you  have  remained  a  member  of  the 
society  if  you  had  reason  to  believe  or  suspect 
that  that  was  the  object  .'—I  certainly  would 
not. 

Was  any  thing  said,  or  did  you  collect  from 
the  general  objects  of  your  society,  that  it  was 
their  intention  to  affect  the  king's  majesty, 
either  in  Ids  person,  or  his  state  and  dignity? 
— Certainly  not. 

Was  there  any  intention  that  you  could 

coilcct  (I  am  not  asking  ymir  ideas  or  imagi* 

nmtioa)  ftatn  nduit  passed  in  your  bearing  in 


Trial  of  Themoi  Hardy 


[1008 


the  course  of  the  proceediogB  of  the  todtty, 
to  touch  the  Lords  House  of  Paiiiament^.-r- 
Certainly  not. 

Wereyou  at  the  Castle-hiU  when  Mr.  Yoike 
made  a  speech  there  ?-<rI  attended  the  latter 
end  of  the  meeting ;  but  I  heard  very  little  of 
it. 

I  take  for  gntnted  that  every  now«iid  tlicii 
a  hot  spirit  might  show  itself? 

Lord  Chief  Justke  Djrre.— Do  not  take  any 
thing  for  granted  when  you  are  examining  a 
witness. 

Mr.  B^Hkint. — I  will  not  ask  any  moie 
questions;  I  am  quite  satisfied  with  what  he 
bassakl. 

David  Martin  cross-examined  by  Mr. 
Aitorney-GeneraL 

Have  you  lived  at  Sheffield  for  some  time  ? 
— I  have. 

Who  were  the  persons  who  principally  ms' 
naged  the  business  of  the  society  at  Sheffield? 
— A  committee  was  chosen  occasionally  fkom 
the  society. 

Do  you  know  a  person  of  the  name  of  Gale? 
^-I  do. 

He  was  a  printer  at  Sheffield  ? — ^Yea. 

He  was  an  active  man  in  the  Society  ?— He 
was. 

What  is  become  of  Mr.  Gale  ?-  -I  canndt 
tell. 

Is  he  at  Sheilield  now  ? — I  believe  he  is  not 

Upon  your  oath  do  not  you  know  he  is  not? 
— I  cannot  possibly  say;  I  have  nut  seen 
him. 

Have  you  called  at  his  bouse  within  thesr 
two  months? — I  have  at  the  house  which 
lately  was  Mr.  Gale*s;  he  has  now,  I  belie\'f| 
no  house  in  Sheffield. 

You  were  made  an  associated  member  uf 
the  Constitutional  Society  in  London,  so  kmg 
ago  as  March,  1792,  were  you  ? — 1  believe  so. 

Was  that  done  with  your  knowledge?" 
Yes ;  I  believe  it  was. 

Did  the  people  at  Sheffield  write  to  Londoa 
to  desire  that  at  the  request  of  any  body  io 
this  part  of  the  world,  or  not? — Not  tliat  I 
know  of. 

Whose  proposition  was  it  tliat  you  should 
write  to  town  to  become  members  of  this 
Constitutional  Society } — It  was  a  proposal  ia 
the  committee. 

Do  you  recollect  who  made  it? — Xo. 

Do  you  recollect  a  letter  being  read  in  the 
committee  that  nio;ht,  desiring  you  to  propOK 
it  ? — I  do  not  recollect  it. 

Do  you  recollect  a  letter  from  the  London 
Society  being  read  in  the  committee,  desirinc 
that  you  mij^iit  propose  that  you  should  be^- 
come  associated  members  .of  the  society?— I 
do  not  particularly  recollect. 

Particubrly  rocollect !  du  younecolleci  any 
thing  about  it  ?-r-I  cannot  take  upon  me  to 
say. 

Will  vou  aay  you  do  not  recolka?--!  do 
not  recollect. 

You  were  not  ayquaintcd^  I  believe^  «ilh 


1009] 


for  High  Treason* 


A.  D.  1794. 


[1010 


ths  ijbrticubn  of  tht  conduct  of  the  conyen- 
tion  in  Scotland,  were  you  ?— No  farther  than 
what  afipeared  in  the  public  newspapers. 

What  newspapers  are  you  speaking  of? — 
The  Edinburgh  papers. 

What,  tht  paper  called  the  Gasetteer  ?  * -* 
oCes. 

Then  am  I  to  understand  you,  that  you 
know  of  the  proceedings  of  the  convention,  as 
they  appeared  in  that  GaEetteer  ?— -I  have 
heard  tncm  read. 

Then  yon  approved  of  the  proceedings  as 
they  appeared  in  tliat  Gazetteer,  did  you  ?-*- 
Not  altogether. 

What  part  of  them  did  you  diaapprore  of  f— >- 
Particularly  that  part  relating  to  a  secret  com- 
mittee. 

llad  you  a  secret  committee  at  Sheffield  ?-<• 
No. 

You  had  not  eot  so  &r  ai  that } — ^No,  no- 
Ibing  of  the  kindwas  ever  entertained. 

tau  w^  you  were  at  the  Castle-hill?— I  was 
at  part  ut  the  meeting ;  at  only  the  latter  part 
of  the  meeting. 

Do  you  remember  tliat  when  somebody 
|Mt>po8ed  to  petition  the  House  of  Commons, 
it;wa8  neffatived,  and  it  was  determined  to 
petition  the  House  of  Commons  no  more  ? — I 
Ma  al  the  outside  of  the  people^  and  therefore 
eould  not  hear  the  proceedings. 

Yoa  would  probably  have  disapproved  of 
that  resolution,  if  you  had  heard  it  f — Per- 
hns  I  might. 

So  {  should  have  supposed — ^yoii  know  Mr. 
-Yorke?t-ldo. 

Was  be  a  Sheffield  man  ? — I  believe  not. 

What  brou«'ht  him  to  Sheffield  ? — I  cannot 
Idl. 

■Had  you  much  acquaintance  with  himP — 
No  acquaintance  previous  to  his  first  comine 
•o  Sheffield. 

You  knew  a  great  deal  of  him,  I  believe, 
after  he  did  come? — I  frequently  have  heard 
hhn  speak  in  private,  ancl  in  public. 

You  were  very  intimate  with  him,  were  not 
yo(l?— I  cannot  say  i  was  very  intimate. 

Were  you  very  often  with  him  in  private  ? — 
I  was. 

Having  been  very  often  witii  him  in  pri^titc, 
50U  and  he  had  both  the  same  opinion  about 
obtaining  a  rcfi»rni  by  peaceable  means? — I 
cannot  say  we  had  alrogelher. 

What  was  the  diH'erence  between  you  ?— I 
fcmnot  recollect  exactly ;  with  respect  to  a  re- 
form in  parliament,  we  diftercd  in  many  other 
circumstances  respecting  political  maUcrs,  but 
with  respect  to  the  specinc  diflcrence  1  cannot 
•tpjcsent  recollect. 

l>o  you  know  who  the  editors  of  the  Pa^ 
inotwere?— Idonot. 

Upon  yoiit  oath  do  not  you  ?— I  do  not. 

Dkl  you  never  bear  who  were  the  editors 


♦  See  in  Vol.  «3,  of  this  Collection,  the 
■80  of  captain  Johnston,  p.  43,  and  that  of 
Ai*6cott,p.3U3. 
VOL.  «IV. 


of  that  papBT  ? — No,  I  never  did,  only  what 
public  report  has  said;  I  never  heard  who 
weh:  but  merely  by  public  rumour. 

Did  you  ever  hear  by  public  rumour,  or 
otherwise,  who  were  tlie  editors  of  the  Pa- 
triot ? — I  have  heard  it  said  that  certain  per- 
sons were  editors  of  the  Patriot. 

Who  did  you  hear  it  said  wore  editors  oi^ 
the  Patriot? — Mr.  Brown  was  mentioned  as 
one  pefsoti. 

Do  you  know  Mr.  Bfown*s  hand-writing 
when  ymi  pee  it  ?— I.  believe  I  do. 

Mr.  Brown  was  your  delegate  to  the  con- 
veatbDi  was  net  he?— He  was. 

fie  was  a  pcaceabU  well-dlspqsed  man  ?— 
We  believed  so. 
■  I>o  yott  reihember  your  society  having  any 
communication  with  a  society  at  StcckpcJt?— 
Lettere  have  ocoasionally  passed. 

Havo  you  seen  their  letters  in  your  society  ? 
—I  have  seen  some  letters,  but  do  not  parti- 
cularly' recollect  any  of  them . 

They  were  also  t)eaceab1y  disposed,  and  as- 
sociated fur  the  sume  end  as  youreelf,  no 
doubt  ?— Wc  believed  so. 

TeU  me  whether  that  [shawing  the  ^tness 
a  letter]  is  Mr.  CampbeU  Brown's  hand-writ- 
ing or  not,  according  to  your  belief  P--I  be- 
lieve it  is. 

You  know  upon  the  Castle-hill,  that  ther« 
^rss  b  knetion  tnade  to  petition  the  House  of 
Commons  ?—- Yes. 

Upon  your  oath  were  you  in  the  secret  that 
that  motion  was  made,  by  centrivanoe,  to  b^ 
negatived  ?-— I  Was  not. 

Do  you  know  it  nowP— I  know  it  by  seeing, 
it  mentioned  in  the  public  papers. 

You  know  it  no  otberwiae  ? — I  ha've  heard 
it  spoken  of  generally  among  people  that 
they  supposed  so. 

At  tho  time  you  attended  the  meeting,  you 
did  not  know  that  that  was  a  contrivance?—'! 
did  not. 

And  many  hundred  others  of  you,  I  suppose, 
did  not?- -I  believe  bo. 

David  Jilartin  rc-cxamined  by  Mr.  Erskine. 

When  you  say  the  motion  was  negatived 
for  petitioning  parliament,  do  you  mean  to 
say  It  was  negatived  to  petition  parliament 
ultimately  by  the  delegates,  when  they  got 
the  sense  of  a  larger  body  of  the  people*?-— I 
understood  the  not  petitioniijc;  pjirliamcnl, 
applied  to  the  prcncnt  puf4iaincnt,  the  present 
House  of  Commons. 

Whatever  Mr.  Brown  Campbell,  or  Mr. 
Campbell  Brown  might  write,  tir  whatever  he 
might  think,  or  whatever  he  might  do— did 
your  society  give  him  any  authority  to  act  for 
you  at  Edintiurgh,  except  in  a  legal  and  con- 
stitutional manner? — liy  no  means. 

1  do  not  care  whether  he  acted  IcgnHy  or 
not,  but  (lid  your  society  give  him  authoritr, 
confining  him  within  the  limits  of  legal  and 
coqstitutional  behaviour?— They  certamly  did. 

Would  you  havo  con«eivV5yi  \<c^  >\sib  vswKw^^ 

3T 


10111        55  GEORGE  lU. 

he  would  have  transgressed  the  niks  of  bw  > 
.—I  wciuM  not. 

You  mi^ht  be  misUken  undoubtedly;  but 
I  wish  to  Know  whether  you  acted  with  the 
intention  that  you  have  stated  to  us  f — ^I  cer- 
tainly did. 

Lwd  Chief  Justice  Eyrt. — ^Were  the  pro- 
ceedings at  the  Castle-hill  published  ?-~lliej 
were. 

Lord  Chief  Justice  £y7Y.«.- Was  Mr.  Yorkers 
speech  published  likewise? — Yes;  the  pro- 
ceedings, including  the  principal  part  of  Mr. 
Yorkers  speech. 

Lord  Chief  Justice  £jrrc.— Do  you  mean 
that  speech  ?— The  speech  which  was  after- 
wards published. 

Mr.  Enkine, — ^Wluch  has  been  read  in 
court? 

Lord  Chief  Justice  £yre^— And  you  have 
read  that  speech  f — Yes,  I  have  seen  it 

Edward  Oakc$   sworn. — ^Examined  by  Mr. 
Ertkine. 

What  are  jpou  ?— A  plater. 

An  Inhabitant  of  Sheffield  ?— Tes. 

A  housekeeper  there? — I  am  not  a  house- 
keeper; I  live  with  my  father. 

What  is  your  father  ?*-A  grocer. 

Were  you  a  member  of  the  society?— I 
was. 

From  what  time  to  what  time  ?— I  think 
from  the  year  1791,  to  the  present  time. 

Did  you  attend  frequently  the  meetings  of 
the  society  ?-.Yes,  I  did. 

Did  you  attend  them  what  mijght  be  called 
regularly? — I  did  in  the  general;  I  was  not 
at  every  meeting. 

But  in  the  general  you  were  a  good  atten- 
dant?—Yes. 

What  was  your  object  ? — My  object  in  join- 
ing the  society  was  this ;  if  by  lawful  and 
constitutional  means,  in  co-operation  with  the 
rest  of  niy  brethren,  we  might  be  able  to 
gain  a  reform  in  parliament. 

How  did  you  expect  that  that  co-operation 
with  the  rest  of  your  brethren  would  produce 
that  conscaucnce  ? — Wc  expected  that  our  pe- 
titions would  bo  heard. 

Did  you  expect  more  effect  from  petitions 
which  might  afterwards  be  presented,  under  a 
delegation  from  lar^e  bodies,  than  might  be 
procured  by  the  petitions  of  a  small  number  ? 
—  Yes. 

Did  you  consider  that  such  petitions  from 
delegates  of  large  bodies  of  pcofjle,  were  more 
likely  to  impress  parliament  with  the  policy 
and  justice  of  tlic  measure  ? — I  did. 

Was  it  your  intention,  as  far  as  you  must  be 
acquainted  with  vour  own  objects,  if  you  were 
disappointed  in  the  effect  which  you  eapected, 
to  use  force  or  violence 

Mr.  Attorney^General, — Please  to  ask  him 
what  his  intention  was. 

Mr.  JBriAiMe.— Be  so  good  as  to  hear  the 
question  out    I  do  not  like  to  be  intemipted 
in  the  middle  of  a  question. 
Lord  CbktJu$tm  JSyre^— You  bxn  not 


Trial  nf  Thomas  Hardy  [lOIS 

asked  the  witness  one  question  yet  wincli  has 
not  been  irregular. 

Mr.  £nlEiiie.^How  am  I  tonsk  m  wHmsi  m 
question,  twiching  a  particular  potnt,  without 
leading  him,  in  some  measure?  I  do  aol 
mean  to  put  the  answer  in  his  moiith;  I  will 
pursue  the  question  in  the  veiy  way  I  was 
going  todoy  and  will  argue  it  with  the  gentle- 
men. 

Mr.  illfonuy-GcRcra/.— Itisnotworthv- 
guing. 

Mr.  ErsJb'ae.— Then  it  is  not  worth  inter- 
rupting me  in  this  way.  If  the  petitions,  the 
success  of  which  you  contemplated,  should 
not  have  been  attended  with  effect,  was  it 
your  object  to  use  force?— No,  never. 

Would  you  have  remained  in  the  sodely,  if 
you  had  bad  any  reason  to  believe  that  tial 
was  the  object  of  others? — I  would  not. 

From  what  passed  in  the  sodety,  when  you 
were  present  at  their  meetings,  what  dki  vea 
collect  to  be  their  object  ? — I  never  unoer- 
stood  that  the  object  of  the  society^  as  a  bodly, 
or  as  individuals,  was  any  thing  more  thsn  a 
reform  in  parliament;  and  the;r  dki  not,  as 
far  as  I  knew  of  them,  desire,  m  the  least.  Is 
gain  this  object  by  any  other  means  than  bf 
petitioningparliament. 

Were  you  present,  upon  the  Castle  bill^ 
when  a  petition  to  parliament  was  rejeded^ 
and  a  petition  to  the  king  put  in  the  room  of 
it?— I  was. 

When  that  petition  to  the  House  of  Con* 
mons,  was  negatived  for  the  present,  wm  it 
determined,  at  no  future  time,  to  petition  psr- 
liaroent,  when  you  had  got  the  sense  of  a 
lai^er  bo<ly  of  people  ? 

Lord  Chief  Justice  Ej/re, — Do  you  know 
what  the  terms  of  the  resolution  were  ?— I  do 
not  recollect  at  present. 

Mr.  Enkine. — His  lordship,  I  suppose,  doei 
not  ask  as  to  the  words,  but  if  you  know  the 
substance  of  it  ? — I  do  not  know  that  the  i^ 
solution  was,  stating  that  parliament  should 
never  be  petitioned  again. 

Did  it  refer  to  that  time, or  to  all  times?— 
I  rather  think  it  particularly  referred  to  thst 
time  only. 

Were  you  in  the  society  at  the  time  when 
it  was  proposed  to  send  a  delegate  to  Soo^ 
land  ? — Yes,  1  was. 

Did  the  proposition  to  have  a  conventioa 
in  Scotland,  and  to  have  delegates  sent  to  H, 
come  to  your  society  from  Scotland,  or  did 
you  send  to  it  ? — I  do  not  recollect. 

When  you  sent  your  delegate,  what  wss 
the  object  of  the  society,  as  fiir  as  you  collect- 
ed it  from  what  you  heard  upon  the  occa* 
sion ;  I  am  not  asking  your  ideas  and  notions 
in  sending  Mr.  Brown  to  Edinburgh?— Tbt 
object  of  the  society,  as  far  as  I  knew  o^  'm 
sending  Matthew  Campbell  Brown  to  EdiD* 
bureh,  was,  in  order  tnat  proper  messurai 
might  be  considered  of,  for  the  purpose  of 
gaining  a  reform  in  parliament 

Was  Matthew  Campbell  Brown,  as  dels* 
gate  from  your  society,  to  express  tha  wam 


1013] 


fofr  High  Tuason, 


A,  a  I'm. 


[1014 


Was  it  the  object  of  your  society  that  your 


1  dare 
called  truiii 
ject  hid  be 

X: 


jur  idenf — It  waii; 
uld  have  been  r^- 
ulioiii  if  any  other  ob- 


piirsiie  ibc  object  whkb 
' — He  w;ia. 

V»  jiv.»  iu.  ,it.t  .^.MtH,  from  the  iliflTcrcnl  so* 
cteiiea  bad  got  togclhcr,  what  were  tliey  to 
do?— -Tlirv  wrrp  fn  unini  tuii  iljt?  propcr  Way 
ofa(Jd^  inknowu  tu  us. 

Lord  I  —Dill  Null  sjv  Miv- 

knowil  to  US^-'<  ni;i 

constitutional  w;r  »  Iut 

bethought  upou  l«y  u** ;  Iii  Uiem 

persons  more  capable  ofju^  ^  ;lte  most 

«fliecluai  way  oi  addrciismg  p<L(ii.aoent  thao 
ourselves. 

Mr.  Ertkine, — What  eftV'  '  '  i  consider 
might  be  produced  by  b  ^tesav 

aeixibJed^  peaceably,  from  \t\\  uix^^v  bodies  of 
fwopi©— what  effect  did  you  coutetnpiate  thai 
iJd  have  with  parliament  i*— -We  supposed 
t  petitions  coming  horn  so  respectable  a 
ly  a»  we  ihiurrhf  ti,f  rn  would  have  consi- 
derable wej^:  ^lent. 

Did  you  n  ,      uons,  coming  from 

d'. !  Lurn  a.  great  i\<H\y  of  people,  would 

ba  '  ifecl  tuaji  a  petition  from  a  small 

body .^— We  did. 

Did  you  contemplate  that,  by  the  pursuit  of 
dceable  means,  parliament  might 
I  1  eld,  from  a  sense  of  justice,  to 

»r  viii-iicir— That  was  our  ultimate  cxpec- 
tatioti. 

f'd  hi  your  socio ty^ 
^empiatiou  against 
L  vue  kmg. 

or  oflicc  ?  —  Nothing 
'    f>f  life, 

t  the  delegate  was 
g  the   liou£e  of 


From  anyt^  r    iv 
waa  there  aV 
the  king?— .\-vi  c^'^-.u, 

Again.«it    hi«i    title, 
igaiusi  bis  tale^or  <! 

Was  any  thin^ 
KOt  lo  Scotland 


Lords?--!  do  not  particuiarljr  recoUwit  whc 
tbcr  there  was  or  no. 

Di«l  Uie<tl  ?cic4y  extend  far- 

ther than  th»  a  of  the  people  m 

the  Houise  ol  Coujuioui  ,*— ^I  btlicve  not. 

When  did  \<tii  first  h**ar,  whut  we  have 
keii    ' 
or  I 


\\  dcalofiii  r' 

I  do  not  \>'' 

I,  uf  any  arms, 
recollect  the 

^*  waa  taken 

r   the  society,  or 

J  ■:                   >     .  ,  . 

1 e  paxty 

leir  re- 

.  i  hv   the  ill 

^jfthc  society 

liu:m. 
hv  %hp. 


oppoi^tta  party,  the 


wiiicii  wc  laou^iit  incy 


I>9  V01I  recollect  whether  tlmt  vas  com- 
plaineaof  in  the  society,  and  whether  any 
danger  was  thought  off — ^It  was  complained 
of  in  the  society^  as  a  thing  that  was  tnought 
by  the  society  not  right. 

1  ask  you,  upon  your  most  solemn  oath, 
whether  there  was  ever  any  thing  passed  in 
the  society,  for  arming  it  as  a  body,  tor  an  at- 
tack upon  the  government  of  the  country? — 
I  am  sensible  in  whose  presence  I  now  standi 
and  I  desire  to  speak  the  truth,  the  whole 
truth,  and  nothing  but  the  truth;  and,  in 
the  presence  of  God,  I  can  solemnly  aftinn, 
upon  my  oath,  that  that  never  was  Jesigned^ 
never  agitated,  and,  I  believe,  never  thoughi' 
of  in  the  society,  to  arm  as  a  body,  to  attacf 
government. 

If  any  such  idea  had  ever  occurred  to  an| 
wicked  man,  or  wicked  men,  in  your  soclct 
have  vou  reason  to  believe  that  you  shou' 
have  known  itf— I  should* 

I  do  not  ask  yoti  what  any  wicked  man,  ill] 
his  own  private  mind,  might  have  intended^ 
but  if  it  had  been  the  object  of  your  society^ 
or  any  numt>cr  of  them^  do  you  bctievc  vo 
should  have  known  it^ — I  behcve  1  shouJo. 

Edwurd  Oakei  cross-examined  by  Mr. 

Be  so  good  as  to  remember,  when  you  i 
swer  my  questions,  that  you  have  spokeq 
about  the  solemnity  of  your  oalli. — You  havi 
been  a  member  of  the  Sheffield  Society^  yoiil 
say,  from  the  year  17  9  J  ?— I  have, 

Uave  you  been  intimately  acquainted  withil 
the  proceedings  of  that  society  ? — Yes. 

You  stated  that,  I  think?— Yes. 

Ilad  you  a  committee  of  members  of  your^ 
society,  who  managed  for  the  society  I — Yes*  ^ 

WeVe  you  a  member  of  that  committee?- 
Yes, 

Were  you  there  at  the  time  when  twelve  J 
members  w»^i  c  Hcnt,  or  intended  lo  be  sent^l 
from  the  C  nal  Society  at  Sheffield,!! 

to  the  Con ^  1  Society  in  London  f — If 

never  was  present  when  any  such  thing 
ever  proposed. 

Do  you  not  know,  in  fact,  you  that  were^ 
Intimate  with  all  the  proceedmgs  of  the  so^*^ 
ciety,  that  twelve  members  were  deputed^ 
from  Sheffield,  to  be  elected  members  of  tho. 
Constitutional  Society,  in  London } 

Oakct. — ^To  be  elected  members  ? 

Mr.  Btwpcr.— Yea  ?-^I  do  not  know  thai  I  •' 
was  present. 

itvuLi  mean  to  turn  any  thing  upon  lhe( 
ly — to  be  sent,  to  liave  a  commu-^ 
lib  them? 

Uair«,-^To  be  deputed^  to  be  sent  from  Shef*. 
tjeld  to  them  f 

Mr.  BoBPcr.— Yes? — No,  I  never  was  at  s^nf^ 
meeting  where  there  was  such  a  proposition  < 
nude.  ^ 

Were  they  lo  be  afisociaied,  any  of  voiir 
-     '■■     •    ■  i  ,    '    .,l.a»?— Ida 

.'i^  Vi  V^  ^ 
associatca  Vo  \U'liv\,  ^t\^   \ax\j.v:\  vv:b4JC^\$^  tnil» 


e 


1015]         S5  GBORGS  Ill- 
Were  tbey  thcQ  to  be  a«sociated  bjf  corns- 
pondeDce  ?— In  ovd^r  to  co-operale  vritb  escb 
other,  for  the  purposes  I  have  mentioned. 

Were  you  there  then,  when  it  was  agreed, 
or  settled,  that  twelve  members  of  your  so- 
ciety should  be  asbociated  witli  tlie  London 
society,  for  the  purpose  of  correspondence  ?•— 
I  do  not  recollect  whether  I  was  or  not. 

Did  you  never  hear  in  the  committee,  that 
s^ch  a  step  had  been  agreed  upon  ? — I  cannot 
particularly  answer  to  that. 
I  beg  you  would  recollect  yourself,  whether 
ou  du  not  recollect  that  such  a  circumstance 
^appencd ;  do  you  mean  to  say  it  did  not 
happen  ? — I  do,  by  no  means,  wish  to  insinu- 
ate that  it  did  not  happen ;  but  I  do  not  re- 
collect whether  there  was  any  such  proposi- 
tion made. 

Do  you  not  believe  the  fact,  that  such  per- 
sons were  ashociated  ? — I  do  not  believe  that 
there  w  as. 

Do  you  know,  whether  any  proposal  tl>at 
vyas  made  about  associating  members  of  your 
society,  came  from  Loudon,  or  was  at  first 
proposed  from  Sheffield  ?—L[ideed  I  do  not 
Know. 

Did  vou  constantly  attend  the  committees  ? 
-^I  did  not. 

And  you  never  heard,  either  before  or  after 
such  a  measure,  that  it  had  actually  taken 
place  ?— I  did  not. 

Lord  Chief  Justice  £yre.— Did  your  com* 
mittee  take  your  proceedings  down  in  writing? 
-r- Sometimes. 

lx)rd  Chief  Justice  Eyre.— Did  they  keep  a 
regular  account? — Not  a  regular  account. 

Air.  liowtr. — What  are  oecome  of  those 
proccciUiigs  that  were  put  into  writing  at 
tho^e  coiniuitltcs? — Indeed,  I  am  perfectly 
a  stranger  to  them  ;  for  at  the  time  the  per- 
sons wiTe  apprehended  and  laken  from  Snef- 
field  to  Ix>ndon,  I  did  not,  at  that  moment,  or 
ui  that  time,  attend  the  committee;  so  that  I 
cannut  answer  for  any  thing  that  the  commit- 
tee (lid  in  my  absence. 

In  whose  custody  were  the  procee<lings  that 
\yerc  put  into  writing  usually  kept  ? — By  Wil- 
liam llroonilicad. 

You  said,  you  eispcrted  your  petitions  would 
l>e  heaid  ;  were  >ou  present,  when  tliat  reso- 
lution parsed  which  wc  have  been  talking  of, 
when  it  was  resolved  not  to  petition  parlia- 
ment any  more?— I  was. 

Were  ^uu  present  when  any  letter  was 
written  Iroui  the  Constitutional  Society  at 
.Shciheld,  to  ihe  St»cicty  for  Constitutional  In- 
formation at  lA^ndon,  respecting  a  radical  re- 
f^;rm  of  ihe  ccuinlrv,  the  14th  o»  March  1792; 
Vut  is  Ion:;  bnl)i.equent  to  the  time  of  your 
le.'OMuni;  a  member? — I'nless  I  was  to  know 
the  conlenls  of  the  letter  I  cannot  speak. 

I  will  show  it  you ;  do  you  know  a  man  of 
the  name  of  Sam*ucl  Ashtun  ?— Yes. 

Was  he  an  active  member  of  your  society  ? 
—lie  was  at  the  first  period  of  it. 
Up  to  wlMt  period  f— I  do  not  know. 
Wlwfe  is  he  nuw  ?— Indeed  L  do  mA  knom. 


Trial  of  TkomM  Uardi^  [101& 

Is  he  at  Sheffield  P— I  apprehend  not;  I 
believe  he  is  somewhere  in  the  country. 

Did  he  correspond  with  the  Landon  Cor-i 
responding  Society,  in  the  name  ef  the  Shef- 
field Society  ? — Yes. 

Is  tiiat  letter  [showmg  it  to  the  witness] 
Ashton's  hand-writmgr^I.  cannot  answer 
to  it. 

You  must  have  seen  him  write  frequently 
in  the  society?— When  he  was  an  aetive 
member  of  the  society,  I  was  not  an  active 
member. 

Have  you  never  seen  Ashton  write,  upon 
the  solemn  oath  to  which  you  have  appeakBd^ 
—I  never  saw  him  write  any  letter  to  any 
correspondent. 

Have  you  seen  him  write  upon  any  sub- 
ject ?— I  do  not  recollect  whether  I  liave  or 
not ;  I  have  seen  him  write,  but  not  to  exa- 
mine his  writing. 

Mr.  iiVv/ciiitf.— You  may  take  it  to  be  Ash- 
ton's  hand- writing ;  I  am  going  to  call  a  wit- 
ness to  prove  Ashton*s  hand-writing. 

Mr.  Bower, — What  is  Samuel  Ashton?— I 
believe  he  was  orginally  a  painter. 

What  is  he  now  ? — I  suppose  now  he  hss 
obtained  a  patent,  for  tlie  purpose  of  tanning 
leather. 

You  do  not  know  where  he  is  now  f — I  do 
not. 

Y'ou  may  look  at  the  contents  of  that  letter, 
and  tell  me,  whether  vou  know  of  that  letter 
being  sent  to  London? 

[The  witness  reads  the  letter.] 
Now  you  have  read  that  letter ;  upon  your 
oath,  do  you  know  of  that  letter  being  sent 
to  London  ? — I  cannot  answer  to  that. 

Do  you  believe  you  did ;  I  will  try  you 
first  in  that  way,  because  I  advise  you,  that 
we  know  more  of  this  than  you  are  aware  of, 
and  therefore  be  cautious ;  upon  yuur  oath,  in 
the  first  place,  do  you  believe,  ur  not,  that  it 
was  sent.'— At  the  time  that  tiiis  letter  was 
wrote,  I  was  not  an  active  member,  nor  ad- 
mitted into  their  meetings. 

Did  you  at  any  time  after  you  became  a 
member,  know  that  that  letter  had  been 
written:' — The  letters  were  nut  altogether 
known  to  the  society  at  large  :  therefore  I  am 
not  able  to  answer. 

There  is  one  thing  in  which  you  arc  inac* 
curate ;  but  I  do  not  want  to  surprise  jtw ; 
you  staled  in  your  examination,  that  you  had 
been  a  member  of  this  society  in  1791;  this 
letter  is  dated  the  14th  of  March  1799,  and  of 
course  must  be  written  at  the  time  you  were 
a  member  ? — Yes. 

Then  though  you  had  been  a  member  from 
1791  to  March  1792,  you  did  not  know  of  that 
letter  being  written  i* — Wc  as  a  txidy,  ap- 
pointed representatives  for  us ;  and  therelore 
we  entrusted  U»  them  to  transact  our  bu&inaiiai 
as  they  knew  our  views. 

Was  any  report  ever  made  to  the  society,  ot* 
what  tlic  committees  luui  been  doing  f^—Veiy 
at  times  there  were. 

Mk»i!L  viNzkaX  ^\\aA!bv  onoe  a  fortnight,* 


■V 


1017] 


fir.  High  THaiuiu 


A.D.  ITM. 


[(018 


monih,  three  laonths,  er  atabovtwhalinteM 
vela?— SoBietinies  tbey  were  often  made,  and 
souetimes  not 

What  was  the  time  that  was  oftenest— was 
it  once  a  week  P — No. 
Once  a  fortnight? 

Lord  Chief  Justice  Eyre. — ^Had  you  any 
fixed  time  ? — We  had  not. 

Mr.  Bower, — Upon  your  oath,  do  yon  ever 
remember  a  rrportheinemade  of  the  proceed- 
ings about  the  period  of  the  14th  of  March, 
1792?— -Indeed,  I  amuotablefeo  answer  to 
that ;  I  cannot  recollect 

You  say,  in  that  letter,  that  it  is  upon  the 
principle  of  the  Kights  of  Man ;  had  those 
Dooks  bt-en  received  in  your  society  as  the 
principlos  upon  u'hich  you  were  to  act, 
VaineN  Kights  of  Man  ? — ^I'hey  had  been  intro- 
duced into  tike  society  before  they  were  proved 
to  be  a  liho). 

Your  principles,  however,  that  you  state,- 
arc  the  ri^ht  to  a  thorough  reformation- -a 
radical  reiorm  of  thecoimtry,  upon  a  system 
consistent  with  the  rights  of  man.  Were  the 
ngiils  of  man  describe  in  that  book  and  this 
letter  ?— 1  do  not  know  whether  this  letter 
particiiKirly  means  the  Rights  of  Man,  as 
particularly  wrote  by  Mr.  Painc. 

Mr.  Attorney  General. — Read  up  that  sen- 
tence :  "  J!  the  Society  for  Constitutional  In- 
formation in  London,  should  vouchsafe  so  far 
to  notice  us,  as  to  enter  into  a  connexion  and 
oorrespondcnce  with  us,  it  cannot  fail  of  pro- 
moting honour,  and  arlding  strength  to  our 
feeble  endeavotirs,  and  to  the  common  cause, 
vhich  is  the  entire  motive  we  have  in  view/' 

Mr.  Erskine. — Regin  at  the  beginning,  and 
read  the  whole  letter.— The  gentlemen  of  tho 
jury  will  be  so  t^^od  as  to  take  down  the  date 
of  this  letter  ;  it  is  the  14th  of  March,  179'2. 

Mr.  Attorney  Grueral — That  is  not  the  let- 
ter we  meant ;  but  Vfni  nuiy  read  that. 

Mr.  tutu-er. —  I  his  is  not  the  paper  that  I  am  ' 
examining  to ;  but  1  huvc  no  objection  in  the  ' 
world  to  his  reading  it.  ' 

Mr.  Er shine — I  Imve  no  wish  to  consume 
the  time  of  the  Court ;  1  onlv  wish  the  jury 
lo  take  down  that  date,  the  Uih  of  March, 
1702,  beruuise  I  Imve  a  witness  to  call  in  a  few 
Diinute«. 

Mr.  Houew. — As  ymi  de«jire  to  have  it  read, 
let  the  witness  read  it  aluud.  [The  witness 
rc-ad  the  li'ltcr  aloud.] 

"  Sir;— It  is  now  anout  four  months  since 
this  fintiety  hrvt  fbrmrd  it^self  into  a  regular 
body,  then  but  very  lew  in  number;  the 
enclosed  will  infurni  yciu  of  their  increase, 
and  which,  is  umis.!  probable,  will  soon  be- 
come very  numerous ;  and  not  only  this  large 
and  populous  t(.»wn,  but  the  wliolc  neighbour- 
boo<l,  lor  many  miles  round  ahout,  have  un 
attentive  eye  upon  u*« ;  most  of  the  towns 
and  villages,  iiideed,  are  forminjj  themselves 
into  similar  assoriations,  and  strictly  adhere 
to  the  mode  of  copying  after  us;  you  will 
easily  conceive  the  neces'-ity  for  the'  leading 
Biembers  of  Ibis  body^  to  pay  strict  attention 


to'  good  drier  and  regularitf,  and  the  nsedr. 
we  inve  of  coasulting  and  communication 
with  those  who  are  sincere  friends,  and  able 
advocates  for  the  same  cause ;  for  these  rear 
sons,  we  took  the  liberty  of  writing  to  Mr. 
liorne  Tooke,  that  worthy  friend  and  patiiot 
for  the  rights  of  the  people,  informing  him 
of  otir  earnest  desires  of  entering  into  acoA-i 
nexion  ^th  the  society  of  the  same  denomi- 
natioa  with  ours  in  London ;  His  very  ob^e^ 
ing  and  affectionate  answer  favours  us  witk 
your  address ;  In  consequence,  we  have  taken 
the  liberty,  herewith  to  transmit  to  you  some 
resolves,  which  were  passed  at  our  last  meet- 
ings by  the  whole  body;  and  the  committee 
was  cluirged  with  the  dispatch  of  printing,  and 
forwarding  them  to  you  accordingly,  for  the 
purpose  ot  submitting  them  to  the  considera- 
tion of  your  society,  to  make  such  use  o£ 
them  as  thev  think  most  prudent 

'<  You  will  also  notice  the  Bclpar  address ; 
they  applied  to  us,  about  two  mootlis  ago,  for 
instructions,  as  to  otir  mode  of  conducting, 
&c.  hail  not  then  formed  themselves  into 
any  regular  association.  Belpar  is  nearly 
tiiirty  miles  from  this  place,  in  Derbyshire^ 
and  eight  or  ten  miles  from  Derby. 

''  Ifthe  Society  for  Constitutional  Informa- 
tion, in  London,  should  vouchsafe  so  far  to 
notice  us,  as  to  enter  into  a  connexion  and 
correspondence  with  us,  it  cannot  fail  of  pro- 
moting honour,  and  adding  strength  to  our 
feeble  endeavours,  and  to  the  common  cause, 
which  is  the  entire  motive  we  have  in  view. 
I  am,  sir,  with  the  greatest  respect  and  es- 
teem, your  sincere  friend, 

By  order  of  the  committee, 
«*  Sheffield,  "  SAMUFX  ASUTON, 

14th  March  1792.  Campo-lane.'' 

^'  We  have  taken  the  Ubcrty  of  enclosing  a 
parcel  for  Mr,  Hardy,  in  answer  to  a  letter 
from   him  to  this  society,  requesting  stime 
information  concerning  our  method  of  con- 
ducting the  bubincss  wc  are  embarked  in,&c. 
also  informing  us,  there  are,  in  Ixndon,  a 
number  of  mechanics,  shopkeepers,  &c.  form- 
ing themselves  into  a  .society,  on  the  broad 
baMS  of  the  UighLs  of  Man.     You  will  be  so 
.  oblij'ing  as  to  let  the  packet  remain  with  you 
.  until  he  call  for  it,  as  by  this  post  I  have 
:  wrote  him  thereof.    We  have  given  him  our 
'  manner  of  proceeding,  from  our  setting  out  to 
I  this  time,  and  hope  it  may  be  of  some  use ; 
I  the  improvement  wc  are  about  to  adopt  is 
>  certainly  the  best  for  managing  large  bodies, 
,-  as  in  great  and  populous  towns,  viz.  dividing 
tliem  into  small  bodicM  or  meetings  of  ten 
j  persons  eiicli,  and  tll0^e  ten  to  appoint  a  dele- 
.  gate :    ten  of  thc.^c  delegates  form  another 
I  meeting,  and  so   on,  deltr;aUne   from    one 
I  another,  till  at  la.'^t  arc  reducccTtoa  proper 
.  number  for  eunstitutiiig  the  committee,  or 
I  grand  council. 

I      "  V\i:d.st:   to   forward  live   \ftK.VA\.  \ft  V^'^. 
I  llard^f  -db  ^oi\  VLS  ^uus^tMeo\.r 
\      My.  Bower.— -YVvt  UiWeXVw  ^h^  ^Spa^>^  "^ 
\  \ 


1019]       35  GEORGE  HI. 

your  hand  by  a  mistake;  I  would  wish  you  to 
read  this  letter  [giving  the  witness  another 
letter.] — ^It  is  the  same  date,  the  14th  of 
March,  1793;  Sheffield  Socie^  for  Constitu- 
tional Information,  to  the  Society  for  Consti- 
tutional Information,  in  London. 

Who  is  it  directed  to  on  the  other  side  ? — 
There  is  no  direction  on  it. 

Mr.  Enkine. — ^It  is  necessaiy  the  jury 
should  know,  as  you  go  on,  that  this  is  not 
new  matter;  that  it  is  matter  which  has  been 
proved  before. 

Mr.  fioB«r.— Certainly.— Is  that  the  hand- 
writing of  Mr.  Ashton  ? — I  cannot  answer  to 
his  hand- writing  in  any  respect. 

Do  you  believe  it  to  be  his  hand- writing? 
—I  am  not  acquainted  with  his  hand-writing. 

You  have  seen  him  write?— But  not  to  no- 
tice his  hand-writing. 

Mr.  Erskine. — I  am  going  to  prove  bis 
hand-writing,  as  I  stated  before. 

[The  witness  reads  it  aloud.] 

«  Gentlemen ;— This  Society,  feeling  as 
tlicy  do,  the  griqvous  effects  of  the  present  cor- 
rupt state  defects,  and  abuse  of  our  country ; 
the  great  and  heavy  oppressions  which  the 
common  mass  of  the  people  labour  under,  as 
the  natural  consequence  of  that  corruption  ; 
and  at  the  same  time  being  sensible,  to  a  de- 
gree of  certainty,  that  the  public  minds,  and 
general  sentiments  of  the  people,  are  deter- 
mined to  obtain,  A  RADICAL  REFORM  OF 
THE  COUNTRY,  as  soon  as  prudence  and 
discretion  will  permit,  believes  it  their  duty  to 
make  use  of  every  prudent  means,  as  far  as 
their  abilities  can  be  extended,  to  obtain  so 
salutary  and  desirable  an  object  as  a  thorougli 
reformation  of  our  country.  For  these  rea- 
sons, with  great  deference  and  submission  to 
the  members  of  the  Society  for  Constitutional 
Information  in  London,  we  beg  leave  to  re- 
quest that  thcv  will  be  pleased  to  admit  the 
persons  of  the  following  names  annexed  hereto 
as  members  of  their  society  (they  being  our 
friends,  and  members  of  our  society),  in  order 
that  a  close  connexion  may  be  formed,  and  a 
regular  communication  maintained,  between 
the  two  bodies;  that,  being  thus  strengthened 
this  society  may  be  better  enabled  to  govern 
itself  with  more  propriety,  and  to  render  assis- 
tance to  their  fellow-citizens  in  this  neigh- 
bourhood, and  in  parts  more  remote  ;  that 
they,  in  their  turn,  may  extend  useful  know- 
ledge still  farther,  from  town  to  village,  and 
from  village  to  town,  until  the  whole  nation 
be  sufficiently  enlightened,  and  united  in  the 
same  cause,  which  cannot  fail  of  being  the 
case  wherever  the  most  excellent  works  of 
Mr.  Thomas  Paine  find  residence.  I  am, 
gentlemen,  your  most  respectfid  and  sincere 
triend. — By  order  of  the  committee, 

"  SAMUEL  ASHTON, 
Secretary  for  this  society.'' 


Trial  qf  Thomas  Ha(ig 


[IQSO 


cal  reform  of  the  coontiy,''  what  word  wti  the 
word  originally,  where  the  word  comfrw  19 
nowF— I  do  not  know;  it  is  not  iotelligibM. 

Do  you  know  how  those  two  letters  of  tbo' 
same  date  came  to  be  sent  on  the  same  d^  f 
—No.  I  do  not. 

Did  you  ever  hear  of  this  letter,  which  I 
have  now  desired  you  to  read,  before  it  was 
written,  or  afterwards  ?— I  do  not  recoOect  it 

D<f  you  not  recollect  hearing  of  that  letter' 
at  all  r^I  do  not 

That  was  a  letter  then  compoaed  by  the  se- 
cret committee,  which  never  was  couimunw 
cated  to  you,  at  least  f 

Oaket.'^By  the  secret  eommittee  ? 

Mr.  Bomer.'^By  the  committee  f-— It  never 
was. 

It  never  was  communicatedy  to  your  know* 
ledge,  to  the  society  ?— I  do  not  know^  be* 
cause  I  did  not  attend  all  the  society's 
meetings. 

I  ask  whether,  to  your  knowledge,  it  ever 
was  communicated  to  the  society  ?-~I  cannot 
answer  to  that. 

Lord  Chief  Justice  £yr«.— Do  you  know 
whether  it  was,  or  was  not  T — I  do  not  know 
whether  it  was,  or  not. 

Mr.  Bower. — You  say  you  were  present  at 
the  meeting  at  the  C'astle-hill  f — I  was. 

Did  you  hear  Yorke's  speech  there  ?^— Yef. 

Have  you  read  it  since  it  was  printed  f— I 
have  not. 

Have  you  never  read  his  speech  ?— No ;  I 
have  not. 

Did  you  know  Mr.  Brown  ? — Yes. 

Was  he  the  editor  of  the  Patriot,  I  mean 
the  gentleman  sent  as  delegate,  Matthew 
Campbell  Brown  ?— I  do  not  know. 

Did  you  ever  read  a  paper  at  Sheffield  under 
the  name  of  the  Patriot  ? 

Oakes. — Do  you  mean  anewspaper,  or  a 
book  which  came  out  in  numbers  f 

I  believe  it  came  out  both  ways ;  did  you 
ever  read  either  of  them?— I  have  read  fre- 
quently the  register,  which  might  contain  ex* 
tnicts  from  the  Patriot,  Mr.  Gale's  register. 

Did  YOU  read  the  book  that  was  pubUshed 
under  the  title  of  the  Patriot.' — I  read  seve- 
ral of  them. 

Lonl  Chief  Justice  Eyre. — What  was  the 
title  of  the  register? — ^Thc  .Sheffield  Register. 

liord  Chief  Justice  Eyre. — A  newspaper, 
published  weekly  ? — Yes. 

Mr.  Bower. — Look  at  the  resolutions  in  the 
printed  paper  pasted  into  that  book. 

Oakes. — Will  you  give  me  leave  to  read 
them  over  ? 

Mr.  Erskine. — Do  you  remember  that 
paper  ;  do  you  know  any  thing  of  it  ? — I  can- 
not tell. 

Mr.  Botcer. — Read  it  over  aloud ;  it  has 
been  read  already. 

Mr.  Erskine. — ^I'hat  is  a  very  ^ood 
why  he  need  not  read  it  aloud  again. 


Mr,  Bonder. — In  that  part  where  it  says — 
^  ihe  people  are  determined  to  obtain  a  radi-  \ 


[The  witness  read  it  over  to  himself.] 
1^.  BQ»cr4-^Q'«)>aL\mi  ^flur  oatl^  irv» 


n] 


Jbr  High  Treas^Un 


h.  D,  179*. 


[1022 


i  resolutions^  or  prmtcd  copies  of  them, 
ilaiei  «&  Sheffield  as  Uie  resolultons  of 
^nitfocicly? — Vcs;  I  believe  Ihcy  were. 
^You  have  seen  the m  iii  ciicuklion  there; 
«vc  YOU  not  f— I  ihiiik  m  ? 
Diu  you  at  that  time,  or  your  society^  cir- 
culate the  books  which  arc  referred  to  in  those 
PBSOlutioas — 1  tneirn  \lm  part,  **  we  ctecbre 
Ihifcl  we  have  derived  mortr  tru4»  koowledgc 
trom  the  two  wotkii  of  Mr.  Thomas  Paine,  in- 
tit-i-'P'-htJiofMan,  part  the  first  and  second 
ti  iny  other  author  on  the  subject^ — 

iht,  ,  i«w«cc»  as  well  as  the  principle  of  go- 
vernmeat,  is  laid  down  in  those  works  in  a 
aanner  so  clear  and  irresistibly  convincing, 
Unt  this  society  do  hereby  resolve  to  give 
llrir  thanks  to  Mr.  Paine  for  his  two  said 
publications,  intituled  Rights  of  l^lan^part  the 
first  and  second"? — Never  since  they  were 
Dved  to  be  a  libel. 

1 1  am  not  talking  about  tlieir  being  proved 
\  be  a  libel,  but  whether  these  books  were 
^  fcii Idled  by  your  soacly,  about  Sheliield,  as 
the  principles  of  go vcnunent  which  you  liad, 
ftdoptcd? — They  were,  before  they  were 
liroved  to  be  a  libel. 

Were  ihey  circulated  bv  the  ntembers  of 
jrour  society,  in  tiie  neighbourhood  of  Shef- 
field, in  very  great  numbers? — Indeed  I  can- 
tiot  answer  thut. 

Do  you  know  that  they  were  circulated  by 
the  members  of  that  society  at  all? — Yea; 
ihcy  were,  before  they  were  proved  to  be  a 
libel. 

I  beg  it  to  be  understood  that  tlie  c|uestion 
jias  nothing  to  do  with  proved  to  be  u  Ubel ; 
•  y  not»  in  fact,  circulated  ? — They 
various  per&ons^  both  in  tlie  town 
pfUiUry. 
vbom  ;  by  Gale? — 1  do  not  know  wbe- 
ale  sold  any  or  not :  I  believe  he  did. 
rhoro,  do  you  know,  wi  re  they  cirru- 
-were  they  circulated  by  the  members 
,  society,  to  your  knowledge  ? — Yes, 
no  wiis  thi'i  n.ivn)   Mill  III    \ft\\o  «*igU9 
those  re^ltiiign^  comniit- 

ee  ? — ^lle  wa^  nui      i  m, 

k  Was  he,  at  the  tune  tiio-  ons  pas- 

1? — I  do  not  know  tlial  i         ,      ^al  when 
ly  were  panskcd, 

^  you  not  know  the  time  till  I  asked  you 
^time  nowf^i^Yes;  I  knew  they  were 

\  M  ftucll. 

you  not  know  bo  was  chairman  ? — I 
knew  it  by  his  name  licing  to  the  minutes. 

How  many  members  had  you  about  this 
tiiB*  in  the  Consttiutbual  Society  ?— I  do  not 
know* 

Do  you  mean  to  say  you  do  not  know 
friietlier  there  were  twenty ^tive  hundred,  or 
teo  thouemnd  ?—  I  cannot  answer  to  the  par* 
ikidar  number  of  the  society. 

As  near  mP— I  do  ool  wiab  to 

ificftkany  t;  iiio  truth. 

A»  r  *CiWi  ? 

Lot (.  litice  /Tyre.— Give  shoiti  clear 

fitalinctaiii»wcf  & ;  Uiat  is  the  way  to  canvmcc 
eti^bod^  that  you  f|i«ak  Uie  UuUi* 


ied^ 


Mr.  Er shine. — Thry  arc  asking  the  num^ 
of  members,  at  a  distinct  period  oj  time,  in 
society  tlie  numbers  of  which  were  fli 
tuating. 

Mr.  Bowtf, — About  how  many  ? — Probal 
there  might  be  about  two  hundred. 

How  canie  you  to  say,  in  your  rcsolution87 
that  they  were  increased  to  nearly  two  thou- 
sand, if  tljey  were  only  two  hundred? — There 
were  many  that  were  friends  to  the  plans  that 
wc  were  proposing  and  adopting,  that  were 
not  regularly  entered  into  the  society  as 
members. 

You  begin  by  stating,  **  This  society,  com- 

Eosed  chierty  of  the  manufacturers  of  Sheffield, 
egan  about  tour  months  ago,  and  is  already 
iticrea&ed  to  nearly  two  thousand  members, 
and  is  daily  increasing ;''  was  not  that  £fteen, 
sixteen,  or  eighteen  hundred  more  than  you 
had  at  the  time  f — Probably  that  might  be 
taken  from  the  number  of  people  that  attended 
the  meeting  at  that  time. 

Did  people  attend  the  meetings  who  wi 
not  members? — Yes,  at  the  first  beginning, 

Had  you  any  meeting  at  which  five  hun- 
dred persons  were  got  together^  before 
month  of  March,    17QS  f — I   believe  tli' 
were. 

I  observed,  when  you  were  examined,  y( 
said  you  had  no  intention  to  attack  ^ove 
ment  j  what  did  you  mean  that  you  nad 
intention  to  attack  government;  if  govei 
ment  had  attacked  you,  and  dispersed  yi 
what  were  you  to  do,^-*We  had  no  designs 
all  to  attack  government  by  force  of  arms. 
Supposmg  government  had  attempted 
disperse  you? — We  should  have  submiti 

to  It. 

You  do  not  know,  vou  said,  whetlier  there 
wusany  intention  at  all  about  attcrinp  the  Houie 
of  Lonls,  or  about  t1     "  of  Lords  in  any 

respect?— We  ex  I  )<  ir  and  equal  re- 

presentation in  *''  ^i  Commons;  that 

if  there  were  i  uons  in  the  House  of 

Lords,  that  a  i . .^. .l.„.. uu  of  Uiat  would  follow 
of  course. 

Then,  afler  all  you  have  stated  to  me 
those  resolutions,  and  those  works  you  hai 
before  stated,  you  mean  now  to  state  tiii 
your  idea  was  a  mere  reform  by  petition  I 
parliament,  and  nothing  more  ? — It  was. 

Was  Martin,  the  person  who  signed  tfa 
the  last  witness  ? — Yes, 

Edward  Onket  re-examined  by  Mr.  Enkin 

You  said,  when  you  had  obtained  an  equti 
representation  in  tne  House  of  ComniooSf  if 
llicre  was  any  corruption  in  the  House  of 
JLord%  a  rcibrtnation  there  would  follow  of 
course^do  you  mean  tliat  that  would  follow^ 
tn  consequence  of  an  net  of  parliament  made 
bv  the  King,  the  I^rdSp  ajid  the  House  of 
Commons,  restored  to  its  purity,  as  you 
wished  it?— Yes. 

Mr.  BoTPer  — ^I'hat  is  a  leading  question. 

Mr.  Ertkine, — Though  tlvLXii  ^^fcs  ww  ^asA 

time  foi  ^wig  c^yimskivv^'^  uti^fciiicsxw^  -^"^  - 


1093]        35  G£ORGB  III. 

pMstd  before  them,  whether  reports  were 
not  made  from  time  to  t'mie,  and  all  the  pro- 
ceedings pubiiithed  iu  the  papers  ?'^I  believe 
tliere  were. 

Was  there  any  concealment  of  what  you 
did  ? — I  believe  there  was  not. 

Were  not  the  letters,  which  you  have  heard 
read  in  court  here,  from  time  to  time,  printed 
in  the  newspapers  at  the  time?—- 1  cannot 
answer  for  that.  ' 

But  did  you  not  advertise  frequently  in  the 
newspapers,  the  proceedings  and  letters  that 
you  had?— I  believe  the  proceeding*)  of  the 
society  were,  in  general,  publibhed  in  the 
newspapers. 

Mr.  Botivr^Did  that  book»  called  the  Pat- 
triot,  come  out  about  the  same  time  as  the 
newspaper  f — ^The  newspapers  came  out  long 
before  the  Patriot. 

Mr.  DSttiel  Stuart  called  again. 

Mr.  Ershine. — ^I  call  this  gentleman,  who 
has  been  examined  before,  in  consequence  of 
the  evidence  which  your  lordship  has  now 
been  attending  to ;  this  gentleman  is  setre- 
tary  to  the  Friends  of  the  People,  in  I  nth*- 
street,  London,  whose  proceedings  arc  before 
the  Court.  Have  you  any  letter  from  the 
Sheflield  Society,  signed  Samuel  Ashton  ? — I 
have,  [produces  it.jl 

Had  the  Society  of  the  Friends  of  the  Peo- 

JUe,atthat  time,  published  their  Declaration; 
call  it  our  Declaration,  being  myself  a  mem* 
bcT  of  that  society  ?— Yes,  they  bad. 

Mr.  Law.^W'htLi  \h  the  date  ? 

Mr.  ErsAi/if.  — The  UX\\  of  May,  1792. 
At  what  lime  did  the  Society  of  the  Friend* 
of  tiic  People  tirst  irotitule  themselveit,  and 
piiblibh  their  Declaration ;  have  you  one 
about  you? — I  have;  here — [producing  it]— 
it  is  the  procei'(lini;s  of  the  society,  primed 
uiidrr  my  own  inNptction. 

Does  this  Irtler  refer  to  this  address  ?— -It 
does. 

Air.  JKriA-j-ic— We  will  read  the  letter  fiist, 
and  ti)cu  the  uchlrebS. 

Lord  Chief  .lubtice  Evrr.  —  What  is  the 
date  of  the  Declaration  you  speak  oS  ' 

Mr.  Ers^iiuc, — The  title  of  il  is— »•  A  De» 
claration,  agreed  to  on  the  11th  of  April,  \19'i, 
by  the  Sucitiy,  intituled.  The  Friends  of  the 
People,  associated  for  the  purpose  of  obtain- 
ing a  ParliaincnUiry  Ueforni." 
»  Lord  Chief  Justice  Ejf/r.  —  When  piib- 
lishcd? 

Mr.  St uart. -^y cry  soon  after. 

Mr.  Erskine. — It  was  transmitted  to  Ash- 
ton; and  this  letter  is  t!ie  answer  of  Ashtoa 
upon  the  receipt  of  it. 

[It  was  read  by  Mr.  Erskine.] 
•*  DECLAllATION,  agreed  to  on  the  lllh 

of  April,    170»,  hy  the  Society,  entitled. 

Tnr.   FKir.Nos  or  inr   Propi  e.  associated 

for  the  purpose  of  obtaining  a  Parlxamkn- 

TARY  llEFOnM. 

"A  number  of  persons,  liavia^  acrlously 


TmI  of  T/iomas  Hardy  [109ft 

reviewed  and  considered  the  actual  aitualion 
of  miblic  a6Fairs,  and  slate  of  the  kingdooi, 
ana  having  communicated  to  each  other  thdr 
opinions  on  these  subjects,  liave  agreed  and 
determined  to  institute  a  society,  fur  the  fur- 
pose  of  proposing  tii  parliament  and  to  the 
country,  and  of  promoting,  to  the  utmost  of 
.  their  power,  the  following  cunstitutiunal  ob- 
'  Jccts  making  the  preservation  of  the  cousti- 
'  tution,  on  its  true  principles,  the  foundation 
of  aU  their  proceedmgs. 

*^  First,  To  restore  tl»e  freedom  of  election, 
and  a  more  equal  represenution  of  the  peo- 
ple in  parliament. 

**  Secondly,  To  secure  to  the  people  a. more 
frequent  exercise  of  their  right  of  electing 
;  their  representatives. 

"  The  persons  who  have  signed  their  names 
to  this  agreement,  think,  that  these  two  fun- 
damental measures,  will  furnish  the  power 
tad  the  means  of  eorreclint;  the  abuses,  which 
appear  to  them  to  have  arisen  from  a  neglect 
of  the  acknowledged  principles  of  the  con- 
stitution, and  of  accomplishing  those  siUior- 
dinate  objects  of  rofurnu  which  they  deem  to 
be  essential  to  the  liberties  of  the  people^  and 
to  the  good  government  of  the  kingdom^ 

"  Signed  by 

**  Charles  Grey,  esq,  M.  P.;  Hon.  Thomas 
Maitland,  M.  P. ;  George  Uous,  esq. ;  Wil- 
liam Cuninghame,  esq. ;  John  Tweddell, 
esq.;  earl  of  Lauderdale,  Nicolls  Uuyns- 
ford,  esq. ;  .Tames  Mackintosh,  esq. ;  Tho- 
mas Christie,  esq.;  Malcolm  Laing,  esq.: 
right  hon.  Jonl  KuuiHinl,  .lames  .Xrchdekiii, 
ciq. ;  William  lIarwoo<l,  esq.;  David  God- 
frey, ejq. ;  Uiggins  Kden,  *>sq. ;  Philip 
Francis,  e.sq,  M.  P. ;  (  h;alcs  Gorinc,  esq.; 
Mr.  Serjeant  Bond,  William  Lnshiiigton, 
osq. ;  Samuel  Kojicrs,  esq. ;  PcT»r'j.rine 
Dealtry,  esq.;  11..  \\,  Sheridan,  esq.  M.  P. ; 
William  Fullar ton, esq.;  Norman  Marlcod, 
esq.  M.  P. ;  James  Ijush,  esq. ;  Mr.  Aider- 
man  Sawhridgo,  M.  P.;  Ilichanl  Weit!, 
esq. ;  John  Ciaridne,  CKq. ;  John  V\  barton* 
esq.,  M.  P. ;  James  Martin,  esq.,  M.  P.; 
William  Smith,  esq.,  .VI.  P.;  John  Hur- 
ford  Stone,  esq,;  W.  II.  Lanihlun,  e.-**]., 
M.  P.;  John  (Jodfrry,  esq.;  Gf.orjie  Ticr- 
r.ey,  esq.;  Arthur  Piiigotu  om]  •"  J.  B. 
Chiirch,csq.,M.  P.;  (riibrrt  Ironside,  oq.: 
T.  li.  Iiol;is,  esq.;  S.  Whilbread,  jun. 
esq.,  M.  P.;  sh  J.  Throdcmorlon,  b:irl.: 
M.  A.  'i'ayior,  esq.,  M.  I'. ;  W  ilhani  Bre- 
ton, esq. 

Mr.  Attornni  Ccnrtaf.  —  Is  that  t'.*o  Mr. 
Breton,  whose;  luuiir  occurs  in  the  accuunt  if 
the  procccdiUj^:;  at  Chalk  Tarm  ? 

Mr.  Stuart. —  Vcs,  tlut  is  the  same  Mr. 
Breton. 

Thomas  Hosiers,  esq. ;    hon.  Thomas  Ers- 
kinc,  M.  P. 

Mr.  Enkinc, — Meaning  me,  gentlemen. 

U.  Knight,  C8»i.;  Thomas  Thompeoa,  esq. 


10!^ 


fifr  High  Trea$(m> 


M.  P.;  colonel  Tarleton,  M.  P.;  John 
Scott,  esq.)  M.  P. 

Mr.  Attorney  General, — That  is  not  me, 
gentlemen. 

Mr.  Erskine. — ^This  gentleman  is  not  John 
Scott,  esn.  but  sir  John  Scott ;  they  are  both 
very  gooa  men,  gentlemen. 

sir  Bcllingham  Graham,  bart.,  George 
Byng,  esq.,  M.  P. ;  John  Cartwright,  esq. ; 
Jeremiah  Batlev,  esq. ;,  Halph  Carr,  jun. 
esq. ;  Ralph  Milbanke,  esq.,  M.  P. ;  Henry 
Howard,  esq. ;  B.  £.  Howard,  esq. ;  £.  B. 
Clive,  esq. ;  Henry  Howard,  esq.,  M.  P. ; 
John  Leach,  esq. ;  John  Nicholls,  esq. ; 
Joseph  Richardson,  esq.;  JohnTdwgood, 
esq. ;  William  Chisholm,  esq. ;  John  Fa- 
zakerley,  esq. ;  Richard  S.  Miles,  esq.,  M. 
P.;  Samuel  Shore,  esa.;  Samuel  Shore, 
jun.  esq.;  Charles  Warren,  es<^.  Long 
Kingsman,  esq.;  Edward  Jeremiah  Cur- 
teis,  esq.;  Samuel  Long,  esq.,  M. P.;  John 
Bourdicu,  esq.;  T.  B.  Rous,  esq.;  D. 
CHBrycn,  esq.;  J.  Lod^  Batlcy,  esq.; 
James  West,  esq. ;  Richard  Carpenter 
Smith,  esq.;  W.  Powlctt,  esa.,  M.  P.; 
George  Livius,  esq.;  right  hon.  lord  Daer, 
hon.  John  Douglas,  rev.  Dr.  Kippis,  James 
Jacquc,  esq. ;  Francis  Love  Beckford,  esq. ; 
Adam  Walker, esq.;  Richard  Sharp,  esq.; 
rev.  Dr.  Joseph  Towers,  John  Fumell  Tuf- 
fen,  esq. ;  Jolm  Clerk,  esq. ;  Thomas  Bell, 
esq. ;  John  Wilson,  esci. ;  Andrew  Stirling, 

.  esq. ;  Richard  Heavisiae,  esq. ;  Mr.  Alder- 
man Coomhc,  Robert  Merry,  esq. ;  George 

.  Shum,  esq. ;  J.  G.  Lemaistre,  esq. ;  James 
Perry,  esq.;  Henry  Clifford,  esq.;  John 
Crookshanks,  esq.;  John  Pratt, esq.;  W. 
Maxwell, esq.;  T.Hill,esq.;  J.C.Bentlcy, 
esq.;  Thomas  Bell,  jun.  esq.;  Richanl 
Wilson,  esq. ;  Mr.  J.  Jarvis,  C.  F.  Ward, 
esq. ;  rev.  C.  I'owlctt,  William  White,  esq. ; 
T.  Holt  While,  esq.;  W.  Stone,  esq.; 
Joshua  Origby,  esq. ;  Robert  Aitkeu,  esq.; 
Joseph  Spurrel,  ei>q. ;  Thomas  Nevill,c!>q.; 
T.  Rult,  esq. ;  Robert  Slade,  esq.;  Francis 
Kemble,  esq.;  William  Sharp,  esq.;  John 
&rncs,  esq.;  Joseph  Ruse,  esq.;  T.  Gor- 
don, e«*q.;  Mr.  J.  Griffin,  Mr.  Edward 
Hall,  William  Bosvillc,  esq.;  John  Red- 
man, esq. ;  J.  Philips,  esa. ;  J.  Porter,  esq.; 
J.  B.  Gawlcr,  esq. ;  rev.  J.  C.  Banks,  Bertie 
Greathccd,  esq.;  Thomas  Crookenden, 
esq.;  Benjamin  Bakcwell,  esq.;  colonel 
Ifastingo,  D.  E.  Macdonald,  esq. 

"  Non-resident  nicmlMTs  who   have  signed 
the  Declaration. 

•'  Rieht  lion,  the  carl  of  Ruchaii,  Scotland  ; 

*  sir  J.  K.  Swinburne,  bart.,  Northumber- 
land; Prof (fiasor  Millar, Glasgow;  G.Lloyd, 
esq.,  Suftolk ;  W.Bclsham,  esq.,  Bedford; 
Capcl  Ix)ft,  <»s(j.,  Suffolk ;  W.  Davy,  esq., 
Devonshire;  James Milnes, esq.,  Vorkshire; 
KobertMontcith,  esq.,  Glas";ow;  J.  Richard- 
ion,  esq.,  Glasgow ;  J.  Losh,  esq.,  Cumber- 
land; J.  Grigby,  jun.,  esq.,  Suflblk. 
VOL.  \XIV. 


A.  D.  17&*. 

"  Treasurers. 


[im 


"  Right  honourable  lord  Kinnaird,    George 
Tierney,  esq." 

Mr.  Erskine,  to  Mr.  Srt£a^^— The  objects 
of  our  society  being  communicated  in  this 
manner,  did  you  receive  this  letter  ?— I  did. 
Our  declaration  was  published  about  the  end 
of  April,  in  all  the,  newspapers ;  and  this  let- 
ter came  from  Sheffield,  m  consequence  of 
their  having  seen  that  in  the  newspaper ;  it 
is  dated  the  14th  of  May. 

Mr.  Attorney  Genera/.— Do  you  know  Ash- 
ton's  hand-writing? — I  never  saw  him  write 9 
he  called  upon  me  in  Frith-street,  about  that 
letter. 

Mr.  Attorney  General,  —  Your  lordships 
trill  permit  me  just  to  mention  that  it  is  thcr 
same  hand-writing  as  a  letter  of  the  26th  of 
May,  which  has  been  read  from  Ashton,  at 
Sheffield,  to  the.  Constitutional  Society  in 
London,  relative  to  this  very  proceeding. 

[It  was  read.] 

*^  Committee  of  the  Society  for  Constitutional 
Information,  at  Sheffield,  to  the  Commltteo 
of  the  honourable  Society,  entitled,  the 
Friends  of  the  People,  in  London. 

'<  Gentlemen ;— It  is  with  infinite  pleasure 
we  have  read  and  considered  your  Address 
and  Declaration,  firotti  your  general  meeting, 
26th  of  April  last ;  the  principles  therein  set 
forth,  by  so  large' a  body  of  the  most  respect- 
able and  worthy  characters,  is  a  sufficient  teis- 
timony  and  confirmation  to  us,  that  so  ho- 
nourable a  society,  by  signalizing  themselves 
in  support  of  the  laudiAbfc  and  general  cause 
of  the  community,  will  render  themselves 
most  truly  worthy  of  that  high  and  benevo- 
lent appellation,  bjr  which  they  are  already 
known  to  us,  the  Friends  of  the  People. 

**  Ynnr  sentiments,  your  motives,  and 
your  plan  of  obtaining  a  reform  of  the 
abuses  of  government,  are  perfectly  in  unison 
with  our  ideas.  It  is  our  business  (to 
which  we  have  always  confined  our  endea- 
vours) to  instruct  the  people,  in  a  temperate 
and  peaceable  manner,  the  necessity  ot  such 
a  reform  as  you  point  out ;  but  have  never 
yet  attempted  to  adopt,  or  point  out  any  par- 
ticular mode  of  obtaining  it,  farther  thun  you 
will  observe  by  the  enclosed ;  believing  that, 
in  due  time,  men  of  more  respectable  cnarac- 
ters,  and  great  abilities,  would  step  forward  ; 
to  .such  we  have  always  had  an  eye,  and  upon 
such  we  have  ever  meant  to  rely  for  our  go- 
vernment, and  the  adoption  of  the  most 
elii^ible  plan  of  a  more  free  and  equal  repre- 
sentation in  the  House  of  Commons,  and  the 
removal  of  the  f^rcat  abuses  and  impositions, 
by  measures  alloc;ctlicr  inadequate  to  the  in- 
terest and  welfare  of  the  nati«)n  in  general, 
and  to  the  mechanical  and  laborious  part  of 
the  community  in  purliciilar. 

"  It  is  thcrcfofL*,  with  U\<i.  Vvn^Xv^-^  ^ft^^^ 
of  salisfacUQU  \.Vv;iX  nc^  V\\c\^  v^SrVv  -a.  \w^tv 


1Q8T]        S5  GEOKGE  iU. 

able  body  stepping  forwaid  in  so  laiidaiilej  so 
just,  atit!   &o  j^oud  a  cm^ ;    yoy  have  our 
warmest  wi^bef*,  since re^t  thanks,  and  assured 
cnd^avourij  ot  supporting  it,  to  the  best  of  our 
abilities,  ia  a  rational  and  peaceable  way.     It 
our  duly,  and  il  will  ever  claim  mxr  alten* 
on,  strictly  to  adhere  to,  maintain,  a»d  be 
gtiverned  by,  the  principles  laid  down  in  jour 
deckrationl    notv^jthstanding  ihe  gross  and 
fallacious    insinualionsi   of   ihe    enemies   of 
jtislice  and  equity.    We  aru  assured  that  no 
honest  man^  being  acquainted  wilh  our  prin- 
ciples, would  have  attempted  to  declare  in  the 
House,     '  That  the  design  of  these  as^cia- 
*  tions  is  compklely  to  overturn  the  constitu- 
'  tion,  &e.'    And  we  are  sorry  that  Mr.  Baker 
was  under  the  disagreeable  neces&ity  of  ex- 
plaining in  answer  to  such  gross  assertions, 
withotiL  having  H  in  bis  power  to  Krpeak  with 
precision  to  the  principles  and  design  of  this 
and  the  similar  societies,  and  to  have  united 
them  with  youfa  in  his  explanation.     For 
ihis^  and  similar  reasons,  we  are  induccil  to 
take  the   liberty  of  troubling  you  with  the 
above  and  following  sketch  t — Our  associating, 
©r  ticket  members,  are  now  about  5,400 ;  yt-t 
we  have  the  satisfaction,  with  truthj  to  affirm, 
that  not  the  least  disorder,  or  confusion,  hath 
made  its  appearance  amongst  us ;  all  is  unani  - 
rally  J  peace,  and  concord.    As  our  members 
increase*  the  nnrahcr  of  meeting  places  are 
increased  in  proportion,  so  as  not  to  exceed  at 
most  thirty  members  at  one  place.    All  the 
cifcular  meetings  are  held  once  a  fortnight, 
on  the  same  evening ;  our  general  meeting  is 
held  once  a  month,  at  three  ditlerent  houses, 
on  ihe  same  day,  generally  very  crowded,  yet 
g^d  order  and' regularity' is  5Uictly  allended 
to :— and  we  doubt  not*  but  what  has  been 
suggested  to  he  impossible,  will  be  fully  mant- 
fcsled  to  be  not  only  practicable,  but  easy  to 
accomplish,  viz*  to  introduce  useful  kuow- 


Trimi  of  ThomoE  Hardy  [I02S 

favour  us  with.^I   have   Uie  lionour  lo  b«. 

with    mui:h    esteem  J    your    verj-    rc^pcclfuJ 

ffiend,  (by  order  of  the  comniiUee) 

'*  SAMUEL  ASIITON,  SeoTEW}- 
"  Canipo-Un^  Shcffieii* 
"  Sheffield^  May  14,  1?92.*' 

(Addressed)  "To  the  chairman  of 
the  committee  of  tht^  Friends  of 
the  Peofic,  at  the  apartmcDts  of 
the  commtltee.  No.  d^,  Frilb- 
gtreetj  Sobo,  London*" 

Mr,  E^r^kim. — I  caonot  9|>eak  from  a* 
own  recolleetioo,  bitt  I  take  for  ^aniaj,  tki 
on  receiving  siu:b  a  letter  as  that^  the  w^ 
of  the  Friends  of  the  People  sent  au  antMiif 
— I'hey  did. 

Did  any  reply  come  la  that  answer  Mi 
did. 

Of  course,  in  order  to  introduce  the  rrp^. 
it  will  be  necessary  to  reatl  firs^t  tlie  atuwffuf 
the  society  of  the  Friends  of  the  Peopk- 
Gen Uemen,  this  is  in  the  y^ear  1793 ;  aftffii^ 
motion  in  the  House  of  Con:i]ziot]s,  the  Sodfiy 
of  the  Friends  of  the  People  passed  a  Tfltc  tif 
thanks  to  all  the  societies  in  the  king^. 
that  had  a&sisted  in  procuring  petitions  lo  Ur 
House  of  Commons  upon  that  measure,  ty 
is  a  letter  acknowledging  the  receipt  of  ll* 
vote  of  thinks,  and  Ihe  sentiments  of  tli 
people^  at  Shelheld,  upon  it« — Have  you  fi^ 
one  from  Norwich,  of  tne  IQth  of  Septemiw; 
1792  ? — 1  have  it  here  [producing  iLj 

Mr.  JSri/Linc.-^Tbis  is  the  answer  sent  % 
that  letter,  is  it  ? — ^Ycs. 

Was  it  signed  by  Mr-  Grey  ?--«^lt  was;  Mr. 
Grey  was  in  the  chair  of  the  committee  tlitf 
day ;  I  carried  the  answer  to  himj  to  tls* 
House  of  Commons,  after  I  had  copied  it  Q^ 
fair^  be  signed  it,  and  [  put  it  into  the  po^L 

One  of  ikt  Jury. — Have  you  the  reply  M 
have  it  not  here,  but  it  was  : 


Jhf  High  Treason, 

Uf ,  ,\,^i,^  .,f^,\  terrible  to  all  good  citizens, 
p^  J  wilh  principles  uf  anarchy, 

hy  _  it  with  the  obloquy  of  pro- 

!Jg  rivii  commotion,  and  of  en^aujE^eriirg 
destruction  of  a  constitution  Justly  re* 
BA  for  the  freedom  and  happinrss  which 
P»o  loug  bestowed.    You  nre  picastd  to 
that  *  you  look  up  to  the  Friends  of  the 
pie  as  your  lenders  and  directors  in  this 
it  business  r'   iiulhorlzed  a$  we  feel  our- 
s  by  this  proffered  guidance,  and  by  that 
ony  of  sentiment,  which  from  the  tenor 
lur  letter,  we  must  suppose  to  exist  be- 
a  you  and  ourselves,  permit  us  to  lay  be- 
you  some  ideas  which  arc  dictated  by 
for  our  common  cause.     The  cause  of 
y  can  never  be  endangered  by  the  assault 
enen»irH,  but  may  sometimes  be  exposed 
le  indiscretion  of  its  friends ;    its  prin- 
i  are  foun<led  on   impregnable  reason, 
ts  enemies  ^rc,  therefore,  too  dexterous 
i\y  to  attack  them.     It  is  not  against  the 
nmgs  of  I  he  champions  of  corruption 
ley  have  produced  none),  but  it  is  a^insl 
craft  and  their  misrepresentation  that 
ave  found   it  necessary  to  defend  our- 
I  by  the  wariness  of  our  language  aiid 
onduet.     A  similar  wariness,  a^  tiir  as 
ythority  of  our  opinion  can  extend^  we 
counsel  all  societies  associated  on  simi- 
mciples,  fur  the  accomplishment  of  the 
object,  to  preserve ;  accused  as  ihcy  are, 
nmon  with  ourselves,  of  meditating  one 
i  and  holding  forth  another,  of  seducing 
fnpl*»  by  a  measure  so  specious  and  salii- 
'  uuentary  reform,  into  other  niea< 
[tcrate  tendency  and  undefmable 
if  yvr  can  only  advise  them  to  follow 
lample  in  honestly,  and  solemnly  de- 
"  \}y^r  *  they  make  the  preservation  of 
lutiun,  on  its  true  principles,  the 
.  (i(  all  their  procecdiriL'-"   intl  the 

irc  of  nil  their  refonns. — Li :  us 

k  will  clTcclually  combat  ti  '  u- 

I  to  which,  perhaps,  ardent  iiiJihcreiioQ 
live  somcUmcs  furnished  pretexts.  An 
Htdaration  of  these  opinion'^,  wtiiih  we 
aly  believe  you  tu  entertain,  will  con- 

fany  to  the  cause  of  a  reform  who  are 
d  in  honest  neutrality  by  Ihf  ir  fears, 
tds  of  order,  after  such  a  declaration, 
*d  by  con^i*lcnl   conduct,   will   bp  no 
"riven  to  seek  rehire  from  anarchy  in 
I  of  corruption.      The   interested 
of  lilt  present  abuses  will  thus  be 
,  for  it  \h  only  by  confounding  reform 
bmotion,    and   corniption  witli  the 
OniKli  III  lion,  that  they  are  enabled  tu 
Hid  to  defend  their  uVuri^ations.     All 
^^,  a«  you  will  perceive  from  the 
Ithich  we  transmit  to  you,  has 
,    all  our  views  are  mo* 
ided  that  voti  have  a 

,-         •-  —'"■ ^^'y 

ill. 

ii  ... — J      ho 

1  prtDcipka/ 


A.  D.  1794. 


[1030, 


1  and  adopt  the  sime  wariness  of  language^  j 
that  this  society  can  entertain  any  correspon- 
dence, or  pronnse  nny  co-operation  ;  we  have 
pubhcly  disclaimed  what   we  condemn,   as 
well  as  avowed  our  real  object,  and  on  an 
occasion  unsought  for  by  us.     In  conformity 
with  this  principle  we  have  been  comfielled  ^ 
to  decline  all  intercourse  with  the  Society  for  , 
Constitutional  Information   in   London;  fori 
though  we  never  wish  lo  attack,  nor  pretend 
to  dictate,  we  are  certainly  cnlitled  to  decline 
all   intercourse  with  men  whose   views  and 
principles  appear  lo  ns  irrecancileablc  with 
ours. 

**  Oa  the  partictilar  measure  which  you 
suggest  for  collecting  the  opinion  of  the  peo-  , 
pie  on  the  subject  of  reform,  we  do  not  feel 
ourselves  yet  prepared  lo  decide ;  in  a  more 
advanced  stage  of  the  business  it  may  become 
very  fit  matter  for  deliberation. 

**  Permit  us,  sir,  to  conclude  with  congra- 
tulating you,  and  congratulating  our  coun- 
try, on  the  admirable  prmciples  which  your 
letter  contains,  and  on  the  intrepid  modera- 
tion which  it  entitles  us  to  expect  from  you  : 
you  will  deprive  our  enemies  of  every  pretext 
for  counterfeiting  alarms  which  they  do  not 
feci,  and  of  every  opporlunity  lo  defeat  our 
measures  by  cafumnialiui^  our  intentiuns. 
(la  name,  and  by  order  of  the  c:ommittee,) 
(Signed)        "  C.  Gntr,  chairman. 

*'  To  Samuel  Ash  ton,  esq.  secre- 
tary lo  the  Society  for  Consti- 
tuttonal  luformation,  in  Shef- 
field." 

Mr,  Erskine, — Have  you  any  letter  re- 
ceived from  the  Hertfordshire  Society  ? — Yes, 

Is  that  the  letter?  [showing  it  to  the  wit- 
ness.]— ^I'hii*  is  the  letter,  dated  October  J  si, 
1792. 

Was  it  read  to  the  Society  ?— It  was. 

Mr.  iVifciflc— The  clerk  will  now  read  this 
letter. 

Mr.  Attomejf  GentraL—We  have  not 
named  that  Society. 

Mr.  Enkine.^i  do  not  give  un  my  right 
to  read  it.    I  will  argue  it  by-and-by. 

Mr.  Daniel  Stuart^   cro!*s-eTtamined  by  Mr* 
Attorney  Gcncrat, 

The  letter  thtil  has  last  been  read  you  say 
you  look  to  Mr.  Grey  to  be  signed  ?— Yea. 

It  was  signed? — Yes, 

Ditl  you  send  the  letter  by  the  nost,  or  U©- 
livcr  it  yourself  to  Mr.  Ashton?— I  htaX  it  by 
the  post  to  Sheffield. 

Did  you  know  Mr,  Ashton?— Not  perao- 
natly  then. 

Do  you  know  what  Mr.  Ashton  i%  f^Yes ; 
a  currier,  or  tanner,  1  believe. 

What  wail  he  at  tf     >-T  suppose  in 

the  same  busine!»«»  I  ^iht  he  was. 

I  sec  vou  direct  to  r Vshlon,  esq.? — 

Yes, 

That  I  suppose  was  a  \Uo\i^Vq^  "^wa  ^^ti\ 
^t  was  not. 


1031]       35  GEORGE  UI. 

By  wliose  direcUoD  did  you  direct  it  to 
Samuel  A^hton,  esq.?— By  the  direction  of 
the  committee. 

Did  any  of  them  know  Mr.  Ashton's  situa- 
tion in  life  ? — I  believe  none  of  them  knew 
Mr.  Ashton  at  that  time. 

You  told  us  the  other  day,  when  you  were 
here,  that  you  did  not  know  that  Mr.  Hardy 
bad  been  an  associated  member  of  the  Con- 
stitutional Society? — ^I  did  not. 

You  see  your  letter  is  of  the  24th  of  May  ? 
—Yes. 

Do  yuu  know,  that  the  same  Mr.  Ashton, 
upon  the  26th  of  the  same  month,  wrote  to 
the  Constitutional  Society,  in  London,  a 
letter,  which  I  hold  now  in  my  hand,  stating, 
that  he  had  received  your  moderate  letter, 
the  letter  of  the  Friends  of  the  People;  and 
stating,  to  that  Society,  that,  as  your  princi- 
ples were  not  according  to  the  rights  ot  man, 
the  Sheilield  Society  would  have  nothing  to 
do  with  you,  except  so  far  as  the  Constitu- 
tional Society  would  afterwards  permit? — I 
never  heard  of  such  a  letter  before 

Have  you  had  any  communication  with  Mr. 
Ashton  since? — About  a  twelvemonth  ago 
Mr.  Ashton  was  in  town,  and  called  upon  me. 

A  short  time  pre\ious  to  this,  I  think  about 
the  27  th  of  March,  your  Society,  the  Friends 
of  the  People,  had  expressed  their  reasons  for 
having  nothing  to  do  with  the  Constitutional 
Society ;  and  had  stated  to  them,  that  thev 
would  have  no  more  correspondence  with 
themP—I  think  that  was  about  the  begin- 
ning of  May. 

It  was  before  this  letter  of  youfs  to  Shef- 
field ?— It  was. 

Did  you  know,  that  twelve  members  of 
that  very  Sheffield  Society,  to  wliich  you  were 
writing,  had  been  associated  with  the  Consti- 
tutional Society,  whose  correspondence  you 
had  before  rejected  ? — I  am  not  sure ;  I  had 
read  it  in  the  newspapers ;  but  I  cannot  say 
certainly  whether  1  knew  it  or  not. 

Do  you  mean  to  say,  that,  at  the  time  you 
permitted  this  letter  to  go  from  the  Friends 
of  the  People,  to  Sheffield,  that  you  knew 
that  that  Sheffiekl  Society  had  twelve  mem- 
bers associated  with  that  Constitutional  So- 
ciety, with  whom  your  Sucietv  had  refused 
to  correspond?— At  the  time  of  sending  that 
answer,  I  did  not  think  of  any  such  thing. 

I  do  not  mean  to  insinuate  that  you  did, 
for  I  do  not  believe  that  you  did — then,  you 
did  not  know  that  fact? — No;  but,  I  believe, 
I  heard  of  it  afterwards. 

You  observed  my  learned  friend  read  to 
YOU  a  great  many  very  respectable  names; 
now  many  of  those  gentlemen  have  quitted 
your  society  ?— I  suppose  about  a  dozen. 

Mr.  Erskine.—And  you  can  tell  how  many 
hjive  been  added  to  it  ? 

Mr.  Attorney  General, — Your  society  re- 
ceived this  letter  of  the  14th,  from  Sheffield, 
as  aproof  of  their  moderation? — Yes. 

And  you  treated  it  so,  of  course,  and  knew 
Wthing  oftiie  letter  that,  on  the  26tii  of  May, 


Trial  qf  Thoma$  Hardy 


[wa» 


thev  wrote  to  the  Constitutional  Soeietj. 
such  as  I  have  been  stating  to  you  ? — ^No;  { 
did  not. 

You  were  going  to  state,  that  Bome  gentle* 
men  had  left  your  society  about  this  tioie?— 
Yes;  there  were. 

Do  you  recoilec;t  the  names  of  them?— ^ 
Five  gentlemen  left  the  society  at  once ;  theis 
letter  is  printed  in  those  piticeed'uQKs;  Mr. 
Baker,  lord  John  Russell,  Mr.  CJurtenay/ 
Mr.  Dudley  North,  and  Mr.  Curwen. 

Have  you  had  the  curiosity  to  read  over  the 
names  of  those  respectable  gentlemen^  wboie 
names  are  printed  m  this  list? — Certamly. 

Can  you  inform  me  ho«  many  of  those 

gentlemen  were,  and  continue  to  be  men* 
ers  of  that  Constitutional  Society,  all  cones* 
pondence  with  which  you  had  rejected?— I 
can  only  know  from  hearsay. 

Mr.  Erskitte. — You  will  state  the  names^- 
I  believe  Mr.  Goring  b,  but  he  has  withdcawn 
from  the  Friends  of  the  People. 

Dr.  Towers  is  a  member  of  the  Friends  of 
tlie  People,  and  the  Constitutional  Society  ?— 
Yes. 

Major  Carlwright?— Yes. 

Mr.  Batiey?— I  do  not  know  that  Mr« 
Qatley,  senior. 

Mr.  Thompson  ? — ^Yes. 

Mr.  Walker?— Yes. 

Mr.  Sharpe?— -I  do  not  know  that  Mr. 
Sharpe  is  a  member  of  the  Constitutional  So- 
ciety. 

Mr.  £r$kine. — ^You  will  tell  us,  Mr.  At- 
torney General,  which  you  know  to  be  mem- 
bers of  the  Constitutional  Society,  it  will  save 
the  time  of  the  Court;  I  know  the  fact  my- 
self, that  they  do  continue  to  lie  members. 

Mr.  Attorney  General, — When  did  Mr. 
Wharton  becgme  a  member  of  your  Society  \ 
— I  beUeve,  before  I  had  any  thing  to  do 
with  it. 

I  presume  you  always  inquired  who  the 
persons  were  that  you  addressed  your  letters 
to,  before  you  wrote  any  thing  to  them  ? — Tes. 

Is  lord  Daer  a  member  ot  your  society  ?— 
Yes,  he  is. 

I  understood  you  to  say,  there  was  an  an- 
swer to  your  letter  of  the  1^4th  of  May,  from 
Sheffield?— Yes;  there  was. 

Was  that  from  the  same  Mr.  Ashton  ?— • 
Yes. 

In  as  moderate  terms  as  the  letter  you  had 
answered? — Yes,  approving  entirely  of  that 
answer  which  has  been  re^. 

Do  you  remember  whether  tliat  letter,  ia 
those  moderate  terms,  was  dated  before  or 
after  the  aoth  of  May  ? — It  must  have  been 
dated  afler,  because  the  answer  was  on  the 
24th  of  May,  and  this  is  the  reply  to  that 
answer. 

It  might  have  been  written  by  the  return 
of  the  post  ? — ^That  would  not  do. 

Mr.   Daniel    Stuart   re-examined    by    BIr. 
Enkine, 

Theraplyto  your  aatver  wia  in  the 


1033]  Jbr  High  Treat6m 

mcxkrate  lenM,  which  must  have  beea  laUr 
than  I'     '    ''  -  — Yes. 

V«  ked,  by  the  attorney^general, 

wheiiR^  *i'iv.  :elkirk*B  eJdesl  son,  lord  Dacr, 
was  Mnj  i<i  ;i  iu ember  o(  Iki*  ^ciety  of  die 
Fii^iuU  L>f  the  People  ^  —  Hp  firt  unly  is. 

i  every  buM  uril  Daer 

in  the  Brit  t  n,  »lEiii«- 

burglif — \€A, 

^very  ^oiWmao  in  th«  Socky  of  the 
iTTcadA  ol  lh€  People,  kn^vf  tbit  Uird  Diwr 
was  a  delegate  there?— Yes;  I  believe  ibey 
lUi  kiiew;  It  was  m  the  puhhe  papers. 

Dpes  lie  remain  i»tUl  a  tnember  uf  the 
Irrieods  of  ibe  Piw^ile  ?— lie  d<*e«>. 

Wi8  there  moy  motion  made  to  expci  hva^ 
If  <|ue8lion  faU  iM^nduct  on  that  account  ?— 
at  all. 

AHLwnry  GrneritL — Did  yoar  saeieiy 

what  ImJ  been  the  fuoceediuss  oi  the 

isii  ConvLiuioii:  I  do  aol  apeak  of  the 

olch  Ci>  but  the  British  Conven- 

ion? — Tl»«  3um  the  pubhc  papers,  | 

believe ;  nolbiug  Urther. 

I  observe  yon  say«  the  answer  muit  be 
dated  Utcr  than  the  ^Oth  f—Vea. 

Why? — It  is  a  reply  to  an  an&wer  tigned 

Mr  Grey ;  tlie  JetLer  was  dated  the  t4th 

May ;  it  will  take  two  days  to  ^  to  ^het* 
fieidf  and  two  days  to  bring  tip  a  reply. 

If  your  letter  weat  &oru  Ix>ndon  on  the 
24U1,  and  was  answered  by  the  return  ofpo^t, 
the  date  of  the  answer  must  be  the  26th? 

Mr.  Er»km€, — Did  you  ever  know  a  man 
^lUiSkge  hom  a  constiliOionai  nian»  to  a  repub- 
lican, in  one  ^Htht } 

Mr.  Attorneif  Gr/itfra/.^— Did  you  ever  know 
a  man  who  wns  both  h  repuhlicaa  and  a  coo- 
fltitutiunal  mari^  in  one  ytusX  f 

Lord  Chief  Justice  Kjfrc, — The  observations 
upon  tliiH  trki;b«iction  are  lu  a  milch  larger  and 
highti  hiiiki  Ui4.n  thib. 

William  Demtnapf  nworn. — Examined  by  Mr. 
Enkine, 

What  is  youf  tride?— A  raxor   maker,  ai 

HhMM. 

How  long  were  you  a  member  of  the  m)- 

^  u   V '— Nr^iilv    from    first    forming    of   tiie 

k  id  regularly  I  in  general  ? — I  di  d . 

U  h;it  w^  your  object  in  becoming  first, 

and  afterward?^  contmuing  to  be  a  member  of 

I  hat  Jiocirly  ? — The  object  that  I  had  in  view^ 

wa«  a  nMormation  m  the  Commons  House  of 

r    ';       ;>t. 

I  means  did  you  seek  to  obtain  that 
T«  :>  ''  ■  a^iMxiations  th:il  were  diking 

f» ' »  . » « 7^  By  pe  titiotn  ng  the  Uousttt 

^^  '  I  I  u  expect  that  tietittoning,  by 
ii^  >j:  Mtioniy   and   delcgatious   from 

itM  .     1      :  •    ujQa^  arould  be  mort  aucceaiful 

1     I   '  uifv  wiiv  uf  itr'litiontng?<^We 

'  icTimond ; 

iHiUi  whtfty^M  hcai«l  pttM^  aft&d  kom  llm 


A.D.  17M» 


[I03t 


I  general  proceedings  of  the  society,  had  you 
I  any  reason  to  believe,  or  have  you  now»  wnila 
I  am  examining  you,  any  reason  lo  believe 
that  the  object  of  the  society,  in  general,  was 
difierent  from  your  own  ?— i  have  not ;  from 
the  Kn.-ivU  il  r?  1  iuive  ef  the  buciely,  1  believe 
tbiii  :  only  one  end  in  view, 

^^  ^  ihe  same  end  you  had?— *Yes. 

You  recollect,  no  tioubl,  the  uhligation 
under  which  you  &peak— that  yon  are  sworn 
to  speak  tlie  truth  ? — Yes, 

Then  recollecting  the  sanction  and  solrro* 
nity  under  which  you  apeak,  do  you  declare  it 
solemnly  to  be  your  l>eiit;*  now,  that  that  wa* 
thi'  ;  '    liect  ofyour  soiiely  ?^ — Yes. 

1 1  I  h^fi  liijy  reason  to  believe  that 

they  imi'ijut'd  to  subvert  the  government — 
for  as  to  touching  the  life  uf  the  kin^  it  h  in- 
decent to  state  It— if  you  ha<l  any  reason  to 
believe  that  they  had  the  least  idea  to  subvert 
tJje  king's  authority,  would  you  have  belonged 
to  the  society  ?— No. 

If,  having  belonged  to  it,  you  had  al\ei^ards 
discovered  that  that  wais  the  object  of  the 
society,  woukl  you  have  continued  in  it  ? — 
No ;  I  should  have  immediately  withdrawn 
from  it. 

If  you  had  discovered — I  am  not  talking  of 
your  own  internal  ideas,  which  indeed  you 
have  already  i  ommunicated  to  us — but  if  you 
had  discovered,  from  the  conduct  of  the 
society,  not  what  any  one  intemperate  man 
might  say  or  do,  but  if  you  had  discovered^ 
from  the  general  conduct  of  that  society,  that 
\tM  intention  waa  mischievous,  and  that  it 
meant  to  accomplish  its  nurposes  by  force, 
would  you  have  continuea  in  it?— No;  I 
would  unmediately  have  withdrawn  as  soon 
ai  I  had  furmed  an  idea  that  they  were  mean- 
ing to  obtain  it  by  force. 

Were  you  a  member  of  the  society  when  it 
sent  a  delegate  to  the  Convention  tit  Scotland? 
— Yes. 

What  did  you  understand  your  delegate 
was  to  do,  riTprcsentin^  your  society  in  lh« 
Convention  in  ScotlantJ;  I  mean  what  you 
unil#:>rvifw.fl  from  what  was  said  in  your 
SIM  time  ? — ^That  they  weretoasso- 

ci^>  t  ^  r,  in  order  to  inform  the  minds  of 
the  people,  and  to  draw  up  such  papers  to  be 
presenitd  to  government,  as  they  tliougbl 
wuuld  be  most  conducive  to  brmging  about  a 
reformation  in  the  Commons  liouse  of  Par* 
liamont^ 

Whrn  this  Mr*  Campbell  Brown  was  senl 
to  i   '  It,  was  he  authoriaed  to  proceed 

in  <  uw;ird«  any  object,  but  the  same 

coiiMitiji  J  otiicts  which  the  society  itself 
had  inviv  \u;  he  lud  no  ottierautho- 
nty,  hui  .  I  11 J  ii]i<Jti  rhe  hamc  principle  thai 
tile  JoCR't;,  !i  iO  ,].!'„  .IS  >  done. 

Do  yuu  fcmuLiilcr  «it  what  time  there  was 
any  alana  spread  m  your  sociciy  upon  the 
Mibjcct  ?— I  fccoUcct,  but  I  Cijnnoi  justly  men- 
tion when. 

Do  you  remember  a  IvAcvd-^VkU— Wsb^^^^i^ 


1035]       S5  GEORGE  IIL 

Do  you  remember  any  insults  being  offered 
to  the  society,  or  to  any  of  its  members  ? — I 
have  seen  people  repeatedly  assembled  toge- 
ther, and  nave  heard  them  speak  repeatedly 
of  assaulting  the  society ;  and,  from  infktm- 
matory  letters  that  were  published  in  the  Shef- 
field paper,  by  one  George  Russell,  it  very 
much  alarmed  the  people  of  the  society  at 
Sheffield. 

Upon  that  occasion  did  you  hear  any  thing 
said  about  the  society  having  any  pikes,  or 
any  thing  for  its  defence  } — No ;  I  am  almost 
a  stranger  to  the  pike  business ;  I  have  heard 
it  mentioned,  but  know  little  of  it. 

If  tlie  design  of  the  society  had  been,  in 
general,  to  provide  arms  to  carry  on  its  ob- 
jects, must  you  not  have  heard  of  it  ? — Cer- 
tainly. 

Were  you  ever  in  the  committee  ? — Yes. 

Was  it  ever  proposed  by  the  committee  to 
the  society,  or  from  the  society  to  the  com- 
mittee, or  ever  mentioned  in  the  society,  that 
you  were  to  have  arms  for  your  defence, 
against  the  government,  or  for  an  attack  upon 
it? — No;  it  is  a  question  that  was  never 
agitated  in  the  committee,  nor  in  the  society. 

Then,  until  these  people  were  taken  up, 
and  this  unfortunate  business,  which  detains 
us  here,  originated— I  ask  you,  as  an  honest 
man,  whether  you  ever  heard  of  such  thing 
in  your  life,  as  arming,  either  to  resist  go- 
vernment, or  to  attack  it? — No;  I  never 
heard  of  it,  either  before,  or  since. 

Had  you  any  views,  in  the  object  of  your 
association,  which  extended  beyond  the  Com- 
mons House  of  Parliament? — No,  we  had 
not;  I  had  not  for  my  own  part,  and  I  reason- 
ably hope  that  the  society  had  not. 

Is  that  reasonable  hope  founded  upon  what 
you  observed  of  their  proceedings? — Yes;  I 
never  saw  any  thing  to  the  contrary. 

You  say  the  duke  of  Richmond's  plan  was 
the  object? — The  only  object  that  1  had  in 
view,  and  the  only  object  I  ever  understood 
that  the  society  at  large  had  in  view. 

Was  the  object  which  the  society  at  large 
had  in  view,  the  duke  of  Richmond's  plan, 
stated  from  time  to  time  in  the  society  ?— Yes, 
frequently  stated,  and  a  number  of  the  duke 
of  Richmond's  letters  to  colonel  Sharman 
were  published  by  the  society. 

The  society,  in  order  to  show  that  that  was 
their  object,*  published  that  letter  to  colonel 
Sharman  ?  What  was  the  reason  of  your  so- 
ciety for  circulating  this  letter  ?— It  was  for 
the  sole  purpose  of  informing  the  society  at 
large  of  the  principles  upon  which  they  in- 
tended to  go. 

From  every  thing  then  that  you  know  of 
the  society,  of  your  own  knowledge,  from 
your  regular  attendance  upon  it,  did  they 

?)pear  to  you  to  adhere  to  that  object?— 
es,  strictly. 

William  Dewtnap  cross-examined  by  Mr. 
Law, 

You  have  said  that  it  was  your  object  to  ob- 


Trial  of  Thonuu  Hardy 


[I0S6 


tain  a  reform  by  petitioning  purliament,  was 
it  your  object  all  alone  to  obtain  a  reform  by 
petitioning  parliament  r^It  was. 

Have  you  continued  a  member  of  the  so- 
ciety up  to  the  present  time? — ^Yes,  from 
between  two  and  three  years  ago,  down  to  the 
t>resent  period. 

Were  you  at  the  meeting  at  the  Castle-hill 
in  April  last  ? — I  was. 

Was  not  the  purpose  of  petitioning  the  par- 
liament expressly  negatived  at  that  meeting  f 
—It  was. 

Do  not  you  know  that  by  contrivance,  that 
proposition  was  brought  forward  for  the  pur- 
pose of  receiving  a  negative? — I  was  not  much 
acquainted  with  that,  neither  was  I  in  a  situa- 
tion to  hear  what  passed  at  the  Castle-hill, 
there  was  so  large  a  concourse  of  people  that 
I  could  not  eet  near  to  the  place. 

You  heard  the  question  put? — ^No,  I  cannot 
say  that  I  did  hear  it  put;  I  was  at  a  great 
distance,  and  there  was  a  large  concourse  of 
people. 

Did  you  read  the  proceedings  afterwards  in 
Gale's  paper  ?— Yes — I  might  see  it,  but  I  re- 
collect very  little  of  it. 

Whatever  question  was  then  put,  was  it 
negatived,  or  carried  in  the-trffirmative  ? — i 
beneve  it  was  negatived. 

Were  there  any  voices  that  you  heard  in  the 
affirmative  ? — I  do  not  know  that  there  was. 

Did  you  know  the  question  that  was  about 
to  be  put  ? — No,  I  did  not. 

Knowing  that  tliat  question  had  been  nega- 
tived, and  that  it  had  been  your  object  to 
obtain  a  reform  through  the  medium  of  par- 
liament, did  you  afterwards  withdraw  yourself 
from  a  society  which  had  disavowed  that  ob- 
ject?— No,  I  did  not;  I  remained. 

Do  you  know  of  a  single  member  having 
afterwards,  in  consequence  of  that  vote,  which 
you  said  you  read  in  Gale's  paper,  withdrawn 
himself  from  that  society? — No,  I  do  not;  I 
do  not  recollect  a  single  individual. 

Do  you  know  whether  the  proceedings  of 
the  British  Convention  were  not  approved  by 
your  society  ? — That  is  a  matter  that  I  am  a 
stranger  to,  whether  they  approved  or  disap- 
proved. 

Was  not  there  a  vote  of  approbation  in  your 
society  of  the  proceedings  ot  that  convention  ? 
— I  have  some  recollection  of  it,  but  I  was  not 
there  present,  neither  can  I  give  any  distinct 
account  of  that. 

Did  you,  before  the  meeting,  know  either 
from  Broomhead  or  Carnage,  or  any  body 
else,  that  the  question  for  another  application 
to  parliament,  which  was  put  on  the  Castie- 
hill  in  April,  1794,  was  meant  to  be  put  for 
the  purpose  of  being  negatived  ? — No,  I  did 
not,  and  I  have  had  correspondence  with 
Broomhead  these  fifteen  years;  I  have  lived 
within  a  hundred  yards  of^  him  for  twelve  or 
fourteen  years. 

Then  do  you  believe,  or  not,  that  it  was  or 
not  put  for  the  purpose  of  being  negatived  N- 
It  is  that  of  which  I  cannot  sp^. 


10S7] 


^  High  Treason. 


A.  D.  179*. 


[1098 


Do  you  know  who  is  the  author  of  the 
paper  called  the  Patriot  ? — I  do  not. 

fao  you  know  one  Brown? — Yes. 

Your  delegate  to  the  convention? — I  do 

Do  you  know  whether  he  was  the  author? 
—I  do  not. 

Have  you  ever  conversed  with  Brown  about 
that  publication  ? — No. 

After  you  had  read  in  Gale's  paper,  that 
such  a  question  had  been  put  and  negatived, 
did  it  still  continue  to  be  your  opinion,  that  it 
was  the  object  of  the  society  still  to  endea- 
vour to  obtain  a  reform  bj  petitioning  parlia- 
ment?— It  was  said  they  mtended  to  petition 
bis  majesty. 

Was  that  question  put } — I  never  heard  it 
put. 

Did  you  ever  know  any  petition  to  his  ma- 
jesty prepared? — No,  I  was  ignorant  of  that. 

Mr.  Ertkine. — A  petition  to  parliament  was 
negatived,  and  one  drawn  up  immediately  to 
the  king ; — it  has  been  read  m  the  cause. 

Mr.  Law. — But,  however,  after  the  petition- 
ing parliament  was  distinctly  negatived,  no 
one  of  you  withdrew? — No. 

You  said  you  heard  nothing  of  arming — do 
you  know  Yorke  ?— -I  have  seen  him. 

Do  you  know  Davison  ? — No. 

Did  you  ever  hear  of  such  a  thing  as  a  pike 
beine  prepared,  or  ordered,  under  the  direction 
of  Yorke?— The  first  I  heard  of  it  was  that 
Mr.  Davison  had  wrote  a  letter  to  Thomas 
Hardv  in  London. 

When  did  you  hear  of  that? — After  Thomas 
Hardy  was  taken  up;  I  did  not  know  any 
thing  of  it  before. 

Have  you  never  heard  a  proposition  for  de- 
fending yourselves  against  what  you  call  the 
opposition  party  ?— Yes ;  I  do  remember  that. 

When  was  that? — The  time  I  cannot  justly 
recollect,  but  I  never  heard  it  in  the  society. 

Did  you  ever  hear  of  any  proposition  to 
apply  to  the  magistrates  or  government  for 
your  defence,  in  case  any  of  you  were  attacked 
and  ille^lly  dispersed;  do  you  recollect  any 
proposition  of  that  kind  ? — I  do  not 

William  Dcwsnap  re-examined  by  Mr.  Ertkine. 

If  there  had  been  any  proposition,  much 
more  if  there  had  been  any  preparation  for 
arming  for  such  purposes,  must  you  not  have 
heard  it? — Yes,  and  had  the  idea  of  arming 
been  seneral,  there  undoubtedly  would  have 
been  large  numbers  of  those  pikes  manufac- 
tured in  bhefheld. 

At  the  time  that  this  petition  to  parliament 
was  negatived,  the  delegates  had  not  been 
lent  to  Scotland  ? — No. 

Was  the  petition  that  was  negatived,  a  pe* 
tition  from  the  people  of  Sheffield,  or  a  peti- 
tion from  the  delegates  ? — A  petition  from  the 
people  of  Sheffield. 

But  was  it  ever  voted  that  the  delegates, 
after  they  had  assembled  together  to  consider 
the  best  means  of  attaining  it,  was  it  ever 
voted  that  they  should  not  petition  ?— No,  I  do 
ogc  know  that  the  question  ever  was  moTed. 


\ 


Mr.  £fsA;site.-^Undoubtedly  they  did  think 
that  a  petition  from  the  people  at  Sheffield,  at 
the  Castle- hill,  would  have  no  possible  e£fect 
upon  the  House  of  Commons,  because  the 
petitions  had  none  before;  but  they  expected 
that  when  the  societies  in  different  parts  of 
England  had  sent  dele^tes,  that  if  those  de- 
legates, as  representatives  of  large  bodies  of 
people,  had  petitioned  parliament,  that  it 
might  have  its  effect. 

Mr.  Law. — Look  at  that  letter,,  and  say 
whether  that  is  Ashton's  hand- writing;  are 
you  acquainted  with  hb  hand-vmtiiigr--Not 
very  well. 

How  many  hundred  times  have  you  seen 
him  write;  have  not  you  seen  him  write  very 
frequently } — ^No ;  not  six  times  in  my  life. 

Do  you  believe  that  to  be  his  hand-  writing  ? 
— Indeed  I  cannot  say. 

You  niust  have  a  belief  one  way  or  other 
— do  you  believe  that  to  be  his  hand-Mnrit- 
ing  or  not  ^ — I  cannot  say  I  believe  that  it 
is,  or  that  it  is  not. 

Can  you  form  any  judgment  upon  it  ?— ^I 
cannot. 

Do  you  know  where  Ashton  is  at  present  ?— 
He  is  somewhere  in  the  country;  I  do  not 
know  where. 

Where  was  he  when  you  heard  of  him  last  ? 
— In  London. 

Mr.  Ertkine, — ^We  will  tell  you  where  be 
is ;  he  lives  in  London ;  I  understand  he  is 
going  to  establish  a  factory. 

Edward  Smith   sworn. — Examined   by   Mr. 
Ertkine, 

Where  do  you  live } — In  Sheffield. 

What  is  your  trade } — A  cutler. 

Were  you  a  member  of  this  society  ? — Yes. 

How  long  were  you  a  member  of  it  ? — Ever 
since  1791. 

Were  you  a  member  of  it  up  to  the  time 
when  this  business  happened,  these  people 
were  taken  up  ? — Yes. 

What  was  your  object  in  being  a  member 
of  it  ?— To  obtain  a  parliamentary  reform. 

What  did  you  mean  by  a  parliamentary  re- 
form ? — Upon  the  same  plan  as  the  duke  of 
Richmond  and  Mr.  Pitt. 

Had  you  any  of  the  duke  of  Richmond's 
letters  to  colonel  Sharman  ? — Yes,  we  had. 

Is  that  one  of  them  ?  [showinz  a  printeN^ 
pamphlet  to  the  witness.]— Yes;  I  beneve  it 
is. 

I  suppose  this  was  read  in  the  society  fre- 
quently ? — It  was  at  times. 

Do  you  lemcmber  this  passage — "  Another 
subject  of  apprehension  is,  that  the  principle 
of  allowing  to  every  man  an  equal  right  to 
vote,  tends  to  equality  in  other  respects,  and 
to  level  property.  To  me  it  seems  to  have  a 
direct  contrary  tendency.  The  equal  rights  of 
men  to  security  from  oppression,  and  to  the 
enjoyments  of  life  and  liberty,  strikes  me' 
as  perfectly  compatible  with  their  une4\uai 
shares  of  industry,  labour^  ^vvi  5g^\\>9iK&^  HiVNtOcv 
are  ilic  on^\a  oi  m«x^ia2iAV^  Xil  I^tMsjdaa.  '^X^^ 


1099]       35  GEORGE  IH. 

quality  and  ioequality  of  men,  are  both 
founded  in  nature,  and  whilst  we  do  not  con- 
found the  two,  and  only  sopport  her  esta- 
blishments, we  cannot  err."  Now  when  you 
talked  of  the  Rights  of  man  in  your  society,  I 
cannot  ask  what  other  people  imderstood,  but 
what  did  you  understand  by  it  yourself? — 
Equal  representation  in  parliament. 

Did  you  mean  any  tning  connected  with 
France?— No. 

Mr.  Attorney  Genera/.— What  did  he 
mean? 

Mr.  EnURe.— Or  did  you  mean  what  you 
said  now,  equal  representation  in  parliament? 
-^Yes. 

In  what  branch  of  parliament  ? — The  House 
of  Goromons. 

If  you  had  observed,  from  attending  upon 
the  society,  that  other  people^s  oljects  were 
difierent  from  those  you  have  expressed  to  be 
your  own,  would  you  have  continued  in  it  ?*•- 
Not  a  day. 

And  though  you  had  not  clearly  discovered 
it,  if  you  had  only  reason  to  believe,  or  sus- 
pect it  f — I  never  heard  any  thing  in  the  so- 
€i»tyf  as  a  body,  like  it. 

Did  you  ever  hear  anv  thing  in  the  society 
that  lei  you  to  believe  that  they  wished  to  at- 
tack the  king*s  title,  or  attaek  the  prerogative 
ofthecrown? — Not  in  the  least,  much  the  other 

W9J. 

Did  you  ever  hear,  in  the  society,  any 
resolution  concerning  the  House  of  Lords  ?— 
Never^-not  to  touch  the  dignity  of  the  House 
of  Lords ;  the  plan  we  went  upon  was  the 
same  as  in  1688. 

What  do  you  mean  by  1688  ? — The  glori- 
ous advantages  that  we  obtained  by  the  revo- 
lution of  1688. 

You  sav  you  looked  up  to  the  duke  of  Rich- 
mond's plan  ;  I  ask,  upon  your  oath,  whether 
you  haa  any  reason  to  beliove  that  this  plan 
of  the  duke  of  Richmond's,  or  any  other  plan, 
was  to  be  endeavoured  to  be  accomplished 
by  force?- --Never,  not  by  us  as  a  body. 

Did  you  ever  hear  in  the  society,  in  the 
course  of  your  being  there,  any  determination 
of  carrying  this  by  force  of  arms,  not  merely 
by  your  society,  in  a  body,  but  your  society  and 
others  joining? — Never. 

When  was  it  that  you  heard  of  arming  in 
Shcfiield;  if  you  ever  did  hear  of  arming? 
— Never  till  there  were  papers  flung  about  m 
the  streets,  and  likewise  advertisements  in  the 
Courant,  at  Shefiield. 

What  eflect  had  these  papers,  thrown  about 
in  the  streets,  and  tlie  advertisements  in  the 
Courant  ? — It  was  calling  fortli  the  people  of 
Sheffield  to  stand  forth,  and  destroy  all  the 
people  of  a  different  persuasion  from  them- 
selves, and  it  was  signed  C.  Ilussel,  a  clergy- 
man. 

Did  that  letter,  and  things  of  a  similar  sort, 
produce  any  alarm  in  the  minds  of  the  socie- 
ty ^— In  some  it  did ;  and  I  can  relate  ano^er 
circuxnstance :— frequently  when  there  was  any 
kind  of  rejiHciDg  m  Shcffiek),  at  good  newt 


trial  ofThoHUU  Hirdy 


[lOiO 


firom  the  continent,  it  was  the  practice  of 
what  we  call  the  opposite  party,  to  come  and 
fire  pistols  even  into  the  windows  of  the  de- 
mocratic as  they  called  us;  they  even  fired 
into  my  chamber  window  when  I  was  in  bed. 

When  this  good  news  from  the  continent 
came,  had  you  said  any  thine  in  the  society 
calculated  to  damp  the  joy  which  such  good 
news  might  nifuse  ?— Not  at  all. 

Had  your  society  assembled  to  disturb  tbam 
in  any  thinr  they  should  say  or  do  about  a 
victory  ?--Not  at  all. 

Had  you  given  any  offence  of  any  kind  to 
them,  to  your  knowledge  ?-^No,  I  had  not 
been  from  my  work. 

Notwithstandihg  that,  did  your  society  ever 
regularly  arm  themselves  ? — ^Never. 

Was  there  any  proposition  ever,  that  they 
should  have  armed  themselves  to  have  resist* 
ed  the  magistrates  f — No ;  if  it  had  been  de- 
termined to  resist,  Sheffield,  in  one  day,  could 
have  furnished  ten  thousuid  pikes,  if  it  had 
been  determined,  but  itne\'er  was  a  matter  of 
determination  or  consideration  of  the  society. 

Whether  you  had  then  reason,  or  have  now 
to  believe  that  there  was  any  determination 
in  the  society  to  pursue  such  means  f — ^Allby 
peace  and  good  order,  according  to  the  law  of 
thie  land ;  that  was  always  held  forth  at  all 
the  meetings  that  ever  I  attended. 

You  say  they  used  to  call  you  a  democrat? 
— Yes. 

As  a  person  that  did  not  love  the  king?— I 
do  not  know  what  they  might  think. 

You  can  tell  how  you  felt  it  in  your  mind?— 
I  understood  by  the  word  democrat  that  I  want- 
ed a  more  equal  representation  in  the  House 
of  Commons,  but  never  by  any  violence. 

Had  you  ever  any  wish  in  your  own  mind, 
or  was  It  your  object  in  becoming  a  member 
of  that  society,  to  touch  or  affect  your  soN'e- 
reign  in  any  respect  ? — Never. 

So  help  you  God,  is  that  so  ? — It  is. 

Edicard  Smith  cross-examined  by  ^Mr.  Garrov* 

I  shall  not  trouble  you  with  the  questions 
the  gentleman  has  repeated  several  times, 
whether  you  are  a  traitor,  and  ought  to  be 
hanged;  I  shall  not  ask  you  whether  you 
have  been  guilty  of  high  treason,  or  not. 
These  papers  that  were  thrown  about  the 
streets  at  Sheffield,  alarmed,  very  considerably., 
you,  who  were  called  democrats  ? — Yes. 

And  made  it,  as  you  thought,  necessary, 
that  you  should  procure  arms  for  your  own 
defence  ? — Yes. 

To  what  extent  now  did  this  dreadful  alarm, 
which  made  it  necessary  to  procure  arms  in 
your  own  defence  go ;  how  many  people  did 
arm  themselves  m  consequence  of  these 
dreadful  alarms  ?— That  I  cannot  tell ;  it  was 
never  a  matter  of  the  society,  and  therefore  it 
is  impossible  to  say  that. 

You  have  been  asked  a  good  deal  about 
your  own  conduct,  no  doubt  you  procured  a 
musket  and  bayonet  ?— -No,  I  never  had  one 
in  my  life,  nor  dagger,  nor  any  thing  of  the 


l»iJ] 


Jor^i^h  Tr€a$m* 


A.  D.  n9H» 


[1042 


Upon  -^Tt'  •  r^Th,  you  had  neither  a  rauskel 
nor  a  ] 

Noi  I'*'  rtU  this  dread  md  excita- 

tion in  II  still  tonltnucd  to  keep 

your»ti  I   kepi  my »e If  as  moeh 

ai»  po»ubic  III  nijr  uwn  hotise. 

Which  of  the  in:i!:i?itralcs  wb9  it  j'Ou  ap- 
plied to,  for  t  lo  mention  his  namf , 
to  pteveiit  ,  ^  (jirale  people  from  do 
straying  ^ou  :ilIr—>Ve  applied  ta  ao  magis- 
trate. 

T  '  Ion,  r  made  a  mistake,  it  was  the 

K  state  you  applied  tof— No>  as  a 

soti' L>  vs  t:  never  appliea. 

I  itiought  we  did  not  understand  one  ano- 
ther; which  of  the  magistrates  was  it  that,  a« 
an  individu;il,  you  apphttl  to? — None. 

You  apphcd  to  the  secretary  q(  state  per- 
haps? — No. 

Did  any  liody  apply  ?— No. 

Did  you  not  communicate  thefe  alarming 
throala  to  any  body  ?— ihey  were  daily  in  the 
papers. 

You  made  do  application  to  any  body  f — In 
J^K  i  'e  register  it  wa^  r  '     '  ^  vve 

#(]  arm  to  aa$ist  t  h  •  i  ». 

,.  1  v»i  **»iu  JH  iit-Curale  man;  1  &<  r  n^i  utke 
the  duke  of  Richmond's  and  Mr,  Pitt's  plan, 
%i\i\  Lill  ilif»e  tilings,  mo>t  ^^rrfrfilv;  there 
*r  thrown  about  ,  desir- 

ing .  ,  ^^ite  party,  opp'.  <  dcmo- 

crats^  to  destroy  all  people  of  a  didcrelit  per- 
suasion ?— \cs,  it  was  in  the  Courant. 

That  Wiis  the?  same  paptr  that  desired  peo- 
ple to  Hmi  ajgitmst  foreign  invaj»ioti  and  do* 
luetic  enemies  \ — 1  do  not  know  what  that 


,  r    '  per  distributed  in 

Si.  V^^yy  except  that 

piiff^i  tii.iv  i  uL-^-iii'» ,  a-,  -i.i  mvitatiou  to  arm 
•sam^t  domestic  enemies  and  foreign  inva- 
-"-  ? — It  wa*  that  I  niiincd  in  thcCourant. 
poit  which  your  society  immetliaicly 
Ulcd  llirjir  vurtK,  juod  adviscfl  the  dcmo- 
cr^  itcetioij  of  property  ? 

uit  a  proper  ijucstion  ? 

Lord  Liiit^i  JubUijti  E^r€, — It  i&no  que»< 
tjoii ;  it  is  an  assertion. 

Mr,  ^ornw,— Did  not  your  sodety  adopt 
Ibe  V4^y  wordtt  of  it,  as  an  invitatum  for  the 
people  tOarrnjW  t!ie  i  of  pn&pcrty? 

— A»  far  as  they  adv  l   to  ann,it 

wa-  - I  .  -  .    .1  ,  .  *tiution, 

1  of  that 

^i  T  ^-  .....^^.>  ^4.  ....  ^  .^.^.icmcnt? 

— '  itiartoit;  we  had  dome  appre* 

hi-  lij  It. 

ou  not,  in  consequence  of  ihut 
api*  1 1,  adopt  \{%t  very  words } — Smniar 

<iii«a  to  it. 

The  duke  of  lUchmond'H  plan,  and  Mr. 
Pitl^a,  wct«;  the  things  you  adopleil  ?— Y'es* 

Ha? e  tlus  gL^odncss  to  inform  a  very  i|;no- 
iml  m^ii  '  '  I  prt»fesjinj'  '  '  ,  uUnit 
ill  tike^  what  wu  i  of  tiic 

ilijkeof  ivii^uMivuii's  iDd  Ml.  i  mi  n  —I  an- 

VOL.  XXIV. 


t  dertlood  equal  representotion  in  parUament, 
I  and  that  without  iL  the  people  wotild  not,  b$I 

mulci'htood  the  matter,  have  their  rights. 
I      What  did  you  take  Mr.  Pitt's  plan  fdr  a 
I  more  equal  represent-iition  to  be  ? — For  ctcry 
man  to  havt;  hia  voice. 

That  you  took  to  be  Mr.  Pitt's  plaa?^ 
Yc*. 

So  much  for  the  accuracy  of  your  informa. 
tloo.  That  gentleman  read  to  you  something 
abmtt  rights  of  man  from  the  duke  of  Rich- 
mond's plan  ;  those  were  the  only  doctritie,s, 
of  the  righU  of  man,  that  ever  you  troubled 
yourftolvca  with  at  Sheftieid,  were  they  ;  the 
duke  has  intruduccd  an  expression  about  the 
rights  of  man;  djd  yuu  read  any  other  pub- 
hcationM  about  the  rights  of  man  at  bheBieldf 
^Sometimes. 
You  were  a  cutler  ? — Ycf. 
Then  of  course^  yuu  had  a  cheap  cxipy  of 
Tom  PaJne's  Rights  of  Man,  had  not  your — 
I  have  read  Paine. 

That  is  not  an  answer ;  you  know  every 
cutter  in  Sheffield  had  one ;  you  had  a  cheap 
copy,  had  you?— I  have  seen  one  of  the 
others. 

I  dare  aay  you  have  seen  the  best  edition  ; 
have  you  one  of  the  cheap  copies  ?— I  have 
seen  both. 

1  am  sorry  to  be  so  tronblesome,  but  I 
roust  have  an  answer.^ — I  appeal  to  the  Court, 
whether  lam  to  answer  tliat. 

I  do  not  ask  you  whether  you  read  it  to 
any  hmnan  creature  but  yourself;  do  you 
happto  lo  have  one  ? — Ye§;  J  have  read  one. 
A  cheap  copy ;  wa»  it  made  a  present  of  to 
you»  or  how  did  you  get  it? — I  obtained  it  by 
a  suh^^cnption. 

A  subscription  of  the  society? — No;  my 
own,  and  a  lew  friends. 

Upon  your  oath,  td  the  amount  of  how 
many  thousand  of  your  townsmen  were 
thenu  tlirii  had  this  cheap  edition  of  the 
Rightsof  Man?— 1  cannot  tell  that. 

Do  yuu  not  believe  that  of  the  tutlerft 
alone,  n\  the  town  of  Shelhcid,  who  had  tho 
cheap  c<lition  of  the  Hicht**  of  Man,  there 
were  many  thousand  ? — llierc  wtre  many. 

I  take  lor  ^ranttd,  that  you  having  read  that 
book.  '  I  it  very  much  as  a  sensible, 

welUv  k?— Yfs;  I  tliought  well  of 

it 

Were  you«  or  not,  one  of  those  who  at* 
ipp.i  ..I  ...,f  ,  -  .f.j  resolutions,  very  properly 
A I  it  hook?— Sometimes  I  wu 

»i.  .  ,      ....  ^not, 

Vou  mean,  at  the  society,  where  it  vraa 
rea<l  for  information  and  iniitniction? — It 
'-i'ldum,  or  never,  wan  read  puhfitly  at  the 
!<>tict>  ;  i  do  not  know  that  ever  it  was  read 
in  the  society. 

Waa  It  in  the  division  meeting  f — 1|  was, 
\yh«n  we  met  privately  al  our  own  houeea ;  ;i 
few  friends. 

When  A  few  friends  met  for  const itutional 
informution,  you  then  icid  thnl  bo<jk?*-Sxv>^ 
thing, 

3  \ 


1043]        35  GEORGE  IlL 

There  were  ether  cheap  books  furnished  by 
the  same  subscription,  were  there  not? — Not 
many ;  tJierc  were  a  few. 

Could  you  help  us  to  the  tiUev  of  any  of 
llicm? — No. 

Do  )ou  recollect  tl»c  proceeding!*  at  Ihc 
Globe-taveru,  in  this  town? — ^No. 

At  Chalk  Farm?— No. 

At  the  Crown  and  Anchor? — I  recollect 
seeing  Ihcir  names,  nevrr  more  than  what 
was  puhUiihed  in  the  pub  he  papers. 

1  hope  you  had  all  Paine's  works? — No. 

Were  you  present  at  the  meeting,  when  a 
puhhc  resolution  was  passed,  expresshig  ap> 
iirobalion  of  Paine's  works? — I  do  not  recol- 
lect thai  I  was  at  that  meeting. 

You  will  not  venture  to  swear  you  were 
not  ?— I  was  not,  I  believe. 

If  you  had  been  there,  you  would  not  tiavc 
been  dissentient?— 'I  cannoL  tell  that. 

You  told  me, just  now,  you  agreed  in  think- 
ing it  a  valuable  work  ? — I  did. 

\V  hat  do  you  take  to  be  bis  notloDi  as  to 
the  use  of  monarchy  m  any  state  ? — I  never 
look  th;il  into  considcniUon  properly. 

I'pon  your  oatli»  do  you  not  understand  hit* 
book,  the  Ri^^hts  of  Man,  to  be  a  specific  for 
getlitig  rid  ot  kings  evcr>*  where,  not  only  as 
useless,  bill  as  burthensome  and  destructive 
to  the  rights  of  man  ? — If  he  does,  that  h  not 
my  min(j. 

Lord  L'hicf  Justice  Eyrc-^You  are  not  ask- 
ed what  you  thoueht  yourself,  but  wheihtir 
Mr.  Paine*s  book  did  not  propose  it  in  that 
manner? — I  believe  it  did,  %r>  far  as  I  have 
read ;  hut  I  never  took  notice  of  that  pas* 
sage  ;  so  far  as  I  approve  of  it,  1  agreed  ;  btil 
I  did  not  take  it  that  Mr.  Paine  meant  to  des- 
troy the  king  of  this  countrj'. 

JMr.  Gurrmc. — Upon  your  oath,  did  you  not 
understand  Paine's  works  to  be  expressly 
written  for  the  purpose  of  inculcating  a  notion, 
that  monarchy  was  destructive  to  all  civdized 
<»tates,  lUid  that  they  could  not  too  soon  gel 
rid  of  all  kings?— Though  it  was  publif^hcd 
that  we  had  gained  some  knowledge  by  his 
works,  that  was  never  the  intention  u(  the 
society,  nor  did  they  take  that  part  of  his 
"works. 

You  did  not  understand  it  an  approbation  of 
his  works  ?^thily  su  far  as  concerned  the 
Hou.He  of  Commons* 

Then  I  take  for  granted,  ymi  entered  a  pro- 
test against  that  part  that  touched  the  monar- 
chy .^— No, 

I  will  read  you  a  hltle  of  Jt :  *'  All  heredi- 
tary government  is  in  its  nature  tyrnnny/' 
Do  you  happen  to  know  that  the  monarchy 
in  Ihia  country  constituted  a  part  of  an  here- 
ditary government  ?— Yes,  I  understand  il 
aot<>. 

And  that  Paine  asserto  tyraimy  to  be  m- 
Urwoven  iu  its  very  nature  and  existeiicc  ?-* 
icbf  1  suppose  he  does, 

•*  An  lienlablc  crown**— you  are  pohticiati 
enough^!  am  burc  a  much  belter  one  thiin  I 
sm — lu  know  ih^it  ihc  crown  of  Great  Lrilattt 
/*  .fij  hcriUillc  u^wu!' — 1  Ldicvc  it  is* 


■■^...1^ 


Trial  ofTfwmtu  Hardy 


[1044 


tint 


I  take  it  for  granted^  that  the  throne  •f 
Great  Britain  ts,  in  your  jiMgmeot,  an  bcht* 
able  throne  f — I  suppose  it  is* 

Did  vou  know  tliat  Paine  says  this  i  **  An 
heritable  crown,  or  an  heritable  throne,  or  by 
what  other  fanciful  name  such  thiinj-s  iiwy  Iw 
called,  have  no  other  signitii  LiAtio% 

tlmu  that  mankind  are  hKi,  njperty. 

To  inherit  a  government  is  to  inlmrit  the  pfo» 
pie,  as  if  they  were  flocks  and  herds.*'  Tbii 
passage  was  not  e^ipunged,  I  hope,  in  your 
cheap  edition  f — Our  society  never  took  tint 
into  consideration. 

Was  that  passage  fairly  printed 
copy  ?— I  cannot  say. 

Now,  after  the  account  you  have  given  of 
yourself,  and  your  manner  of  studying  politics^ 
I  ask  you  upon  your  oath,  do  you  Deiieve, 
that  tliat  passage  was  not  in  your  cofiyf — t 
carmot  say. 

Then  you  have  no  memory  of  what  be  ays 
about  heritable  crowns  and  herilai^le  tliranci^ 
--Not  of  tiiat  passage;  we  oever  t&Nok  tbsl 
into  consideration. 

l^rd  Chief  Justice  Eyrtt. — You  arf  not 
asked  whetlier  yuii  '    "  l"  ;  .4 

that  into  your  ecu  ii 

was  iu  the  book  ?-  i   say   wncuicr  U 

was  or  was  not ;  ii 

Mr.  GffrroBJ.— \v^  ...re  amy  thing  in 
I|aiDe's  book  that  Imd  for  its  objeit,  to  recoih 
cite  the  people  to  the  nctes-^urv  r  xu/n-- ^  of 
their  establishments  and  thti!  la 

make  tliem  contented  und*  of 

taxes  tliat,  to  be  sure,  we  must  bear  i — It  ww 
always  advised  for  people  to  submit- 

I  am  asking  respecting  this  b4»ok,  which 
you  have  studied  accurately  and  attentivdy; 
did  it  strike  you  that  there  ^v 
in  it,  tcndinj^  to  reconcile  tJ 
necessary  burthens  of  tiie  state 
know  that  there  were. 

Were  there  none  lliat  struck  yt/n  t-  ^  -r-  % 
contrary  tendency,  to  excite  the   :,  Ut 

dissatisfied  and  discontented,  aju:  ...  i.k 
their  burthens  were  unnecessary?  --  ^'^' 
ihought  it  was  our  duty  to  apply  to  y^hA- 
ment  for  redress, 

Tli.it  is  nu  answer;  tell  me  whether  fou 
recollect  this  passage,  and  I  am  now  remdtlig 
out  of  the  cheap  cifltion  :  **  It  is  inhoniail  ini 
talk  of  a  million  >  I  i-ar^  poiil  out  ^ 

the  public  taxes oi  1  \\  hir  the  import 

of  any  individtiai,  wJmsi  mousaih'  re 

fortWl  to  contribute  thereto,  are  ,  ii 

want,  and  struggling  with  miserv,  i*^  r^M 
recollect  such  a  passage  h&  this?---!  beliffve  1 
do< 

**  Monarchy  would  not  have 
munv  iii:^  s  111  the  world,  had  it 
tb  protects,     It  is  the  »  t^l 

wl  I  sail  others."    Do  v.  lC 

this?— Yes. 

You  ihuughi  ibis  i  «tr^i>e  pasaage  Ifi  Ik- 
vour  of  mocarrby  did  you  ?«--Tnat  wiis  orvK 
agiUited. 

Yuu  read  Uil»pas«agof»«V«k 


1^1  in 


is»gia 

to  Ibt 

i  do  Dol 


ims] 


fuf  High  Treason. 


A.  a  179^1-. 


[104G 


And  bAving  rc^  it»  be  so  good  as  to  tell  i 
me  wlielhcr  you  consider  that  as  a  nn'om-  I 
meodation  of  the  continuance  of  monarch)",  or 
its  immcdiat"  *  '  tion— how  do  you  un- 
derstand th(  ^\\q  understood  that 
we  might  ohu.ij  -..in*,  redress;  wc  did  not 
wishf  m  any  way,  to  touch  upon  the  law*!*  of 
tbi9  country,  by  any  means. 

I  have  aJrcady  disclaimed  ihc  intention  to 
sak  you  any  such  question^  because  it  is  not  I 
fit  to  aak  yoti  whether  you  were  a  tiailor— 
attend  to  my  question — how  did  you  under- 
stand the  passage  I  have  read  to  you,  that 
**  monarchy  would  not  have  existed  so  many 
ages  in  the  world,  had  it  not  been  for  the 
anuses  it  protects"?  Did  you  understand 
Bt  to  be  a  recommendation,  to  the  people 
fEn^land,  to  protect  and  cultivate  the  rno- 
Irchical  principle*  or  to  destroy  it  as  soon  a^ 
tb«y  could  ? — I  ran  only  an!»wer  for  myself. 

How  did  you  understaud  the  author  to  he 
advising  when  yon  read  that  ? — I  understood 
bim  to  be  ejipressing  disulloction  to  tlie  king ; 
but  then  they  were  always  put  away,  lho!!«e 
llniig^,  dnd  never  adhered  to,  upon  no  consi- 
deration whatever,  by  any  of  us. 

Upon  your  oath,  do  no  I  you  imderstand  the 
ftamg/Hy  and  did  not  you;  when  von  read  it, 
ondfrstand  it  to  be  a  rerommcuilation  to  get 
fid  ■  7  irchy  as  ^oon  as  you  could f—Wc 
u<  lid  to  do  50. 

ou  understand  the  author  so  to 
slainly ;  the  words  are  so. 
1  stood  that  the  object  of  a  parlia- 
rt;  Mfni  wa*  to  l>c  ctfecletl   by  pclr- 

Iki  ihat  centlcman  put  it ;  ifprlthon^ 

at  pcapic  in  ditterent  towns  would  not  do, 
then  there  were  to  be  petitions  from  delt^ttes 
In  a  convention.  Did  you  expect  your  reilre&s 
from  p:irliament  itself  r' — Yes* 

Attend,  then,  to  this  passage  in  Mr  I'ltine's 
book,  and  tel)  ine  what  you  tliought  of  that : 
— ^**The  hili,  which  the  present  Mr.  I*ilt 
Wought  into  parliament,  some  years  aigo,  to 
rel'ofni  parliament,  was  on  the  san»e  erroneous 
phncipte.  The  right  of  reform  is  in  the  na- 
liani  in  nv  i.n./iiv.i  rhiractcj-,  and  the  consli- 
Inlion:^  i  be  by  a  general  con> 

Tcoiioi  ic  purpose,"  and  so  on. 

Now,  havnig  read  this,  as  his  account  of  a  hill 
hfoughtinto  parliamentto  reform  purimmcnt ; 
ftDdltavmg  stated  that  the  nation  itself,  in  its 
^rtsinal  character,  was  to  do  that,  do  you  *itill 
aiUiere  to  it,  that  you  expected  it  to  bo  done 


I 


l*y  the  House  of 
ihcmgbt  that  th^- 
Von  ttated  Xv 

Tanlap 
1IHI8;  \^... 
lion  Mr.  K^ 
"-1  hairc  s^ 
tbnn  all. 

Yoti  have,  no  dotiht,  read  such  »  thing  as 
ihi?  Billof  Iti^hlH?— Yc«, 

'I  here  i**  no  culler  in  SheHield,  Hut  has  read 
tiiat,  and  attended  to  Painr  ^  of  it  f— 

Wc  have  aUcudcd  to  the  D  -      -   -   l** 


Commons? — Yes,  and  wc 
I  '       r,»  |>etilion. 

xo,  that  you 
1 1 'Mi  tM.  gionous  ad- 
hy  the  Rcvohition  in 
have  reud  wuh    »tf.^n- 

lUtuflhCH  r-if 

I,  l>ut  1  hiiN  li-.xd 


Does  he,  in  giving  his  account  of  this,  call 
that  Bill  of  Rights,  a  Bill  of  Wrongs  and  la- 
suits? — I  never  heard  any  body  call  it  so. 

Do  not  you  know  Paine  so  treats  it  in  liis 
Rights  of  ^lan  ? — ^Yes. 

I  observe  you  made  use  of  this  expression 
more  than  once,  in  yuur  answers  to  xhc  kern- 
ed gentleman^ s  questions,  that  you  never 
heard  the  society,  as  n  Mi/,  propose  lo  touch 
the  dignity  of  the  House  of  Lords,  nor  at  a 
hodtf^  propose  to  interfere  at  all  with  the  m^ 
nurchy?— No. 

Did  you  know  Mr.  Yorkc?*-\*cs,  I  know 
him ;  I  have  seen  him* 

And  have  heard  him^  perhaps  ?— -Yes. 

In  private,  ami  in  public  ?— I  have  heard 
him. 

Did  he  use  to  attend  at  the  meeting  at 
Broomhead's  where  the  tribune  was  ? — Some- 
times. 

Were  you  a  member  of  the  secret  commit- 
tee ? — No. 

Did  you  attend  upon  the  Castle-hill  when 
Y'orke  waa  there  ? — I  was  there  some  of  the 
times. 

Am  I  riglit  in  supposing  there  was  a  nio- 
tbn  made'there  fur  petitioning  parliament  ? — 
Tliere  was. 

What  was  the  fate  of  that  motion? — Itf 
was  altered  to  petitioning  the  kin^. 

The  motion  ff»r  pclilionuvg  imrhiiment  was 
rejected,  I  believe  ? — Yes,  it  was,  * 

How  many  votes  were  there  for  petitioning 
parliament?— I  do  nut  know. 

Upon  your  oath,  was  there  a  single  hand 
j  hut  the  hand  of  the  mover  and  the  seconder; 
1  suppose  all  motions  were  seconded  ? 

Ltin!  Chief  Ju^^nce  Kyre, — It  was  not  se- 
conded h-l  cannot  answer,  there  was  such  a « 
concourse  of  people. 

How  were  the  votes  taken ^ — By  holding, 
tip  of  hands.  * 

Were  you  present  upon  the  other  hill,  at 
Sheffield,  at  the  celebration  of  the  fastf — 
Yes. 

You  were  one  of  the  congregation  ? — ^Ye»,* 
I  was  there.  •) 

How  many  thousands  of  you  might  he  ihcro' 
that  day  ?— 1  cannot  tell ;  inuy  be  two  thoU'f| 
sand. 

Y'ou  were  one  who  joined  in  all  the  ccr©»^ 
monies  of  that  day  ?-»l  was  there  as  a  looker- 
on  ;  that  was  all. 

Wlicn  was  it  that  your  orderly  and  peace- 
able society,  ut  Shcmcld,  lirst  aiidr^ssed  thel 
'  tition  of  r.  1  national 

Ncrver,  to  f;  ilge. 

1  ijii  iirvi  I  uoard  ot  sucii  a  \nii\'^t!'**l  T\t» 
ver  did. 

You  did  not  t^!>*«'v  t^.  .1  *.K,  ff,tii!  hud  sent 
any  mldrcss  to  i  I  did  not. 

bid  you  see  1       ^  _    at  the  Castle 

hill,  as  printed  aui^rwartih  wiih  Mr.  Y'orkc*! 
sj»eech?~i  chd;  but  never  reud  thcni. 

They  were  pretty  generally  chstnbuhjd    xl 
Sheffield  ?-^They  were  to  b^  ^v>vv^\\.  ^sx  v\\^ 
shops. 


JOiT\        35  GEORGE  IIL 

I  sup)K>^c  you  were  nc^t  in  the  secret,  tliat 

llie  mutitm  to  pelilion  parliaraent  was  made 
un  purpose  to  be  negalive<l ;  were  you  «c- 
t|u;iiiHed,  bcfort  il  v^as  made^  thai  there  was 
to  Ijc  suth  a  nwliojj  rnade,  io  order  to  nega- 
tive it? — ^o  ;  I  wasi  not  concerned  m  it  at 

Tbat  pelilion  to  the  king,  you  speak  of, 
was  fur  tlie  liboliiiuu  of  tlie  slave  trade? — 
Yes,  accoinpunied  with  the  other. 

And  Giiumcratiug  a  long  list  of  grievances? 
— Yes. 

Mr.  Ertkine. — Il  was  only  a  pelilion  from 
tlie  people  at  Sheffield,  that  wus  negatived, 
was  it  ?— No. 

Mr.  Enhifif — I  next  nropose  lo  read  this 
Jetter  from  hh  grace  the  duke  of  Hirhmoud  to 
colonel  Slittrman ;  it  has  been  staUd  hy  one 
or  Uvo  iii  the  witnesses ;  but  if  it  is  ttiougbl 
more  regular^  I  will  call  the  duke  him&clf;  1 
believe  liis  gruce  is  in  attendance. 

His  Grace  the  Duke  of  Richmond  sworn.— 
Examined  by  Mr,  Erskine, 

Mr.  Erskirw. — We  have  Ironhled  your 
grace  to  aUend,  in  order  to  inform  the  Court, 
whether  this  letter,  which  it  has  been  proved 
in  the  course  of  the  evidence,  the  people  of 
Sheffield  all  looked  up  to,  as  containing  a 
plan- — — 

Mr.  Altt^mvy  GencraL-^l  must  object  to 
thlij  mode ;  I  shall  he  ohUged  tu  Mr.  Erskine 
to  a^k  tiis  grace  tlie  duke  of  Richmond  his 
(^ueslion,  without  slating,  hy  &  preamble,  why 
he  aski>  rt, 

trford  Chief  Justice  %rr.— You  propose  to 
call  bis  crace,  to  ask  him,  whether  this  paper, 
now  pro3uccd,i5  his  Jetter  to  colonel  Sharman; 
iffhat  Ijas  passed  elsewhere  with  resj*ect  to  it 
is  nothing  to  the  duke  of  Richmond. 

Mr.  ^r$kine, — Please  to  look  at  this  pam- 
phlet?—It  is  extremely  difficult  fur  me  to  say, 
whether  llie  printed  papi-r,  that  is  this  mo- 
ment given  to  me,  is  precisely  the  letter  I  did 
write  to  colonel  Sharman,  or  tjot,  brrausc  I 
know  that  tliere  was  a  printed  cdrtion  of  thai 
lcllcrwhii;h  was  nintilalcd  ;  therefore^  whe* 
tber  Ibis  is  an  exact  copy,  or  nul,  I  cannot 
pretend  to  5>ay. 

Docs  your  grace  tliink,  that  l>y  ra^lini;  your 
eye  ovtr  il,  with  atteiilion,  you  should  be  able 
to  answer  that  question  ? — I  could* 

Lord  Chief  Justice  Eyre— Then  his  grace 
may  sit  down,  and  cast  his  eye  over  il. 

Duke  of  Richmond, — I  think  1  can  make 
the  mutter  shorter,  by  putting  into  Mr. 
Erskine's  hand  a  copy  of  the  original  edition. 

Mr.  AHornet/  GeucraL — The  beller,  and 
the  more  regular  way  will  be,  Ih-it  the  letter 
sliown  to  the  Sheffield  witness,  and  which,  he 
say&^Cimtaincd  the  plan  that  Ihcv  looked  to 
shouldbe  read,  and  ttien  it  should  beexamtned 
by  somebcHly  with  tliat  now  produced  by  the 
duke  of  KJchniund. 

Lord  Chie!  Jiistice  Evr^^— B^^H  whether  it 
he  exactly  a  true  c^py  ii  tlie  dukc'^  kUot  or 
no,  it  h  that  which  lUey  bUW  \]be^  %i&\£ii 
upon. 


Trial  of  Thomas  Hurdtf 


[vom 


[The  letter,  produced  by  his  grace  Htm  duke 
of  Richmotul,  read .] 

"  A  LcTTtB  from  hisgmce  the  dukedf  Racb* 
mond,  to  lieu tenant-col one!     S^lmriMo, 

chairman  lo  fl' ■       - *    *  of  Cocre»» 

pondencc,  app^  delegates  d 

forty-five  corpi  c. .    ,    ^^,s,  a&xmbled 

atLisburn,  in  Ireland. 

"  Sir ; — 1  have  been  hoiioure:d  with  a  letlo 

from   Belfast,  dated    the   19th  of  Jul.v  but, 

written  in  the  name  of  the  cooimittee  of  Coi> 

rcspondence,  appointied  by  the   dclegateifll 

I  torly-hve  Volunteer  corp&»  asseniblcd  at  lii- 

I  burn,  on  the  1st  of  the  san^e  m«mth,  '  ktik' 

j  'king preparatory  stcp^  to forwanl  itieirtntifr 

*  tionson  il  "  '  i  jifewj- 
Halionofi  J  si^&ad 
by  their  Mtiwiu^v^  Htmv  .Mt\^  jiut.  t!?q. 

**  In  this  letter,  after  showing  the  cofTopt 
slate  of  the  boroughs  in  Ireland,  the  geoed 
opinion  of  (tie  people  that  the  constitutioii  oa 
be  restored  to  its  ancient  purity  and  v^|y 
no  other  means  than  n  parlimm<?iitary  ftte» 
and  informiug  me  of  the  steps  which  km 
been  taken  and  are  taking  by  the  voltiaiiefv 
in  determining  to  procure  this  dc&imbkeo^ 
ject,  the  committee  is  pleaaed  *  lo  rrqualny 

*  sentiments  and  advice  as  to  the  lif^t,aM 

*  eligible,  and  roost  praciicabh  J.snm. 

*  ing,  restraining,  or  counler\  ^  t}^ 

*  of  corruption,  borough  inHu^  nee,  m  onlff 
Moby  my  opinion  before  the  provincials 
'  sembly  of  delegates,  which  is  to  be  hclilit 
*'  Dungannon  on  the  8t^i  of  Seplemberneit* 

"  This  great  mark  of  con&derK'e,  from  b^ 
tlemen  in  whom  so  much  trust  is  plAcail^  oKi 
me  great  honour  ;  for  us  I  have  not  thepleir 
sure  of  being  personally  known  lo  aiil^  i^ 
them,  I  can  owe  il  but  to  the  fav<»urablrffi* 
nion  they  are  pleased  to  caiertMn  of  ny  Di- 
stant and  2ealous  endeavours  in  the  piA^E 
service. 

**  I  am  sensible  that  the  only  proper  retm 
1  can  make  for  this  !.  '        'i^tiEictiao,» 

to  obey  their  comti i  - 1  maiutfr I 

am  able;  for  althuo^u  m>  ni<!»uthcici>ey  ilir 
so  arduous  a  task  would  aftord  tite  bat  IG» 
good  an  excuse  for  declining  it,  yet  1  fed  it 
wauld  be  inconsistent  willi  my  ideas  o^  tbt 
obligation  every  man  is  under  to  serve  iba 
pubFic  as  well  as  he  can,  if  1  wa»  to  nhm 
giving  my  opinions,  such  as  they  arc,  wh» 
thus  called  upon  by  a  respectable  bodj  ol 
gentlemen. 

"  Besides  my  inability,  I  have  U>  fegwl  tht 
want  of  time  to  collect  ami  f^rran^e  nr 
thouE*hts  in  such  a  manin 

f rear  before  you,  and  tin 
etter,  which  will  not  adnm  <  :iN>t 

investigation  which  a  subject  t  rm- 

portiince  deserves  ;  for  aithoi  i  aiur*- 

be  long,  I  ara  sensible  I  cam  -uW*. 

*^  The  subject  of  a  parlianit .. ..        . .  *irro  t^ 

that  which,  of  all  others,  in  my  opinioOtiD«i 
deserves  the  attention  of  the  public,  a»  I  cod- 


\" 


1019]  J&-  High  Treason. 

which  a  nation  c&ti  wi^;  and  I  have  no  he- 

„  iitation  m  sayiag  that  from  every  coDsidcra- 
*^ii  \Nliich  I  havr  Iccn  able  to  give  to  this 
grctft  qae!»tioi:i,  lh:it  for  ittAny  years  has  occii> 
jiicd  my  nu«U,  and  irom  every  tlay's  eiperi- 
t'vvi^  ii.  iiu  .If.  Mi.j  liMiir,  I  am  more  aiid 
1 1  J ari n^  the   r ig ht  of 

tv:     ^  i  n^noi  incapacitated 

/%  na:urr/>  raton^  or  ktf  law  /or  the 

HMitMivn*')  <i»eiker  mith  annual  vUc- 

^nsy  is  the  uuiy  ifetonu  tliat  rxn  b-i  effectual 
1  pcrmaueiiL     1  an»  iditherconvimcd  that 
It  is  thootdy  reform  that  i^-  lo. 

^  AU  olbc^r  pbrj&  that  h\>  lUve  oa* 

..tli"  '     ^       '  '     :r.;sii.:..  .i  liL   lu    Ullcrest 

1  i  u>  the  people, 
fv  rtform  can 
,  om  nny  share 
rrv     \^u^  ren- 

tbc  hands  ol  a  more  or  kss  extended  com- 
iiy  ;  or  ivheUier  it  in  divided  by  them  into 
of  f-omewlial  more  or  le»s  just  propor- 
The  public  feels  it^lf  uuconci'rned 
in  these  cun tests,  eiLcopt  as  to  the  oppressions 
it  endurtH,  and  the  exactions  it  sifters,  which 
il  'r  riist  routinue  so  ion  a;  as  the  people 

i>  iveil  tii  all  conirol  over  their  re* 

p  .,      Ibi*    iriddfcrcnce  of   theirs, 

^^  A  attempt  wus  miide  foraclduional 

tu...,,,  .,,    r'"'^    "^ '- used  Ijy  oiir  oppcjiienls 
as  an  argil  nst  all  reform;  it  was 

takcd  with  uuit  air,  where  are  the 

Mtitionstrti  ^ijitanl'i  uf  Btrminghum, 

lltliehe^tcr,  ^nd  other  great   nnrr- 

S resented  tu^vus ;'  And  their  silence  was 
oemcd  a  proof  of  tJieir  acquiescence  and  ha- 
lialketiou  in  the  pn nnt  form  of eleclions 1 1  he 
tlHtbis,  tliat  the  people  imvc  bpcm  so  often 
(kceivc-d,  tUut  ihty  wp'  '    trust  any 

setui  men  ;  and  notl.i  ^nt  con- 

wi^on,/'    '  1- i-iiiL*  luutiy  to  the 

'ttfliyvfi  %  gr  indeed  ouv*jt, 

**  Tbe  lesser   rt^furm  has  b«eu  attempted 

With  evtrv  i.u' ^li-lc     iJv  .tittL'e    in  its  ttivoiir  ; 

IK  rt  of  the  ad' 

\  -  I  .  but  from  thf? 

aawyloncc  oi  lueu  ui  j^ieui  vieig^bt,  both  mand 
««jt  of  |u>v  rr      Kilt  ^viih  all    Un?«io  tempera- 
>u,  fnilcd.     Not  one  pro> 
I  fri>m  corruption,  nor 
lidd  out  from 


If 

^T»as 


any  qiiarU;r,thallhe  I 
ioditud  to  adof>t  any  ou.rj 
Th<  wei;;bt  ol    corrufitMHi 


•ollting  to  ho(i«,    1 


Ihem  hUKtit  uoiC'id)  ^i^^lu  iny  own  cuu- 


otnmons  wah 
tuijdi*  (if  »cform, 
ims  cniNbtd   this 

( treum- 
l  iiHve 

im 
y  them 
U»e  hu- 

I  .If ,  rjiir/ 
L  fit  at  ton. 


vicUoD,  but  from  the  admission  of  the  friends 

to  the  more  mederate  plan,  who,  in  the  se- 
cond address  of  the  Yorkshire  committee  to 
the  people,  confess  thai  our  claims  are  founded 
on  the  true  principlrs  of  the  const  ilution, 
and  only  object  to  them  on  account  of  imprac- 
ticability. But  their  plan  ha^  now  had  a  fair 
trial,  and  (if  it  is  from  the  inclination  of  par- 
liament that  priicticabilily  is  to  be  expected) 
has  be«n  found  as  impracticable  as  our^.  The 
more  c.\teiisive  plan,  at  the  same  time  that 
its  operation  is  more  complete,  depends  on  sl 
more  effectual  support,  that  of  the  people, 

"  I  am  also  persuaded,  that  if  the  scheme 
for  additional  county  members  had  proceeded 
any  fartlier,  infinite  difbcultics  would  have 
arisen  in  adjusting  it.  Neither  the  Yorkshire 
comraittee  nor  IMr.  Pitl  have  given  the  detail 
of  their  plan.  A  just  repartition  would  have 
been  a  most  intricate  task,  for  where  differcnl 
interests  are  separately  represented,  the  pro- 
portion is  not  very  easy  lo  ascertain.  The 
doubt  you  state  concerning  this  mode  of  re- 
form appears  lo  me  well  founded ;  a  few  great 
families  might  divide  a  county  between  them, 
and  choose  the  members  by  a  house  list^  like 
East  India  directors.  Another  difficulty  from 
the  increase  of  the  number  of  members,  which 
jBi^hl  render  the  house  more  tumuhuous  than 
deliberate,  has  its  weight.  But  the  greatest 
objeciien,  in  my  opinion,  lo  this  and  to  every 
otiier  narrow  and  conlractcii  plan  of  reforrn 
is,  thai  it  proceeds  upon  the  same  bad  princi. 
pleas  the  abuse  it  pretends  to  rectify;  it  is 
still  partial  and  unequal ;  a  vast  majority  of 
the  community  is  still  left  unrvnresenfed  ; 
and  it5  mos^t  essential  concern*,  hfe,  liberty, 
and  properly,  continue  in  the  absolute  dis- 
posal ol  lho»e  whom  th«y  do  not  choose ^  and 
over  whom  Ihey  have  no  control.  In  the 
arrangements  of  plans  of  this  kind  there  is  no 
leading  principle  lo  determine  that  ihe  addip^ 
tiuu  oyi^rit  to  be,  one  hundred,  fifty,  or  two 
hundred;  that  the  allotment  should  be  ac- 
r...A,r,..  »,,  »5m.  population,  property,  or  tajtes 
MUly ;  that  any  *uppoied  pro* 

i  .  ..„:.  lu  thi  landed  and  trading  mlcr- 

evt  IS  the  ju^t  one,  and  that  the  division  of 
I  ounly  and  niy  members  will  correspond  with 
thi)»  pioportion  when  found.  All  Is  at  sea 
witliout  any  compass  to  enable  us  to  distin- 
guish the  safe  from  the  dangerous  course. 

"  But  in  the  more  liberal  and  great  plan  of 
uni-pcritil  FepreinttattQUf  a  clear  and  uii»tinct 
principle  at  once  appears  tbat  cannot  lead  us 
wrong.     Not  r  '    '   r    '  '       '    t  -t 


not  'ii  niaxim  fjt 


IS   the  < 
eternal 


\ 


error;  but  il  it 
founded  on  the 

and  wisdom,  and  ourun 

we  should  not  he«ijtate  itt 

the»i  but  dctcfminc  to  :kI  tm 

ciplr,  of  ^tving  to  rvery  man  /. 

shall  immediately  yX  lA  o\  -ftivv  \\\t  ^a\ 


I  he 


J 


1051]        35  GEORGE  III. 

lies  to  which  the  narrow  notions  of  partiality 
and  extkision  imi^l  ever  he  suhject. 

**  In  the  digesting  a  plan  upon  Ihb  nohle 

foimdalion  we  shall  not  And  any  difficidly  that 

LIhe  most  comEiion  understandiDj^  and  pains 

I  itWl  not  jBasily  sunnoimt.     1 1  doe^  not  require 

I  half  Ike  ingenuity  of  a  common  tax  bill ;  and 

'  as  a  proof  of  this  assertion  I  myself  drew  the 

^  form  of  a  bill  for  this  purpose*  which  I  pre* 

'•fienled  to  the  House  of  Lords  in  1780;  not  as 

a  perfect  work,  but  merely  to  show  how  easily 

the  objections  totlie  practicabifity  of  the  plan, 

I  and  the  inconveniences  that  arc  buggested, 

might  be  got  over. 

**  I  believe  the  sending  you  a  copy  of  my 
bill  will  be  the  best  way  of  explaining  its  ope- 
.  rations*    I  have  not  one  reatly  at  this  mo- 
l  nientt  but  it  shall  soon  follow  this  letter. 

"  1  shall  therefore  only  mention  at  present 
I  a  few  of  its  provisions,  which  I  think  entirely 
[  remove  the  most  plausible  objections  that 
I  hgve  been  UTge^l  agamst  it, 

**  The  present  number  of  members  in  the 
;  House  of  Commons  is  prcser\'cd,  so  that  all 
apprehension  from  too  numerous  an  assembly 
I  ceases. 

"  An  account  of  the  whole  number  of  males 

[cf  age  in  the  kingdum  i**  lo  be  taken  and  di- 

I  vided  by  the  number  of  members  to  be  sent, 

1  which  will  ftnd  the  quota  of  electors  to  choose 

©ne  member ;    from  the  bebt  accounts  1  can 

now  get,  it  wiil  be  about  fuo  thousand  air  hun- 

I  dredi  Ihf'K'  are  lu  be  formed  into  districts  or 

^boroughs  from  the  most  ctmtiguous  parishes; 

1  bv  having  oil  the  elections  throughout  the 

grfom  in  one  and  the  same  day,  and  taken 

i  each  parishy  all  fear  of  riot  and  tumult 

vanii^es. 

"The  great  expense  of  elections,  which 
arises  chicily  from  the  cost  of  conveying 
electors  tn  the  place  of  poll,  and  entertaining 
them  there  and  on  the  road,  will  be  no  more, 
■when  every  man  will  vote  in  his  own  parish. 
Bribery  must  entirely  cease;  in  a  single  bo- 
rough it  would  be  diflScull,  on  so  many  as  to 
have  any  effect,  impossible,  ThennmLersto 
be  bought  would  be  infinitely  too  great  for 
any  purse.  Besides,  annual  iiarhaments,  by 
their  frtc|uencyy  and  by  their  shortness,  would 
doubly  operate  m  preventing  corruption. 

**  The  vast  expense  of  petitions  to  parlia- 
ment un  account  of  the  illegal  returns,  would 
be  reduced  almost  to  nothing.  The  points  on 
which  these  contests  generally  turn,  are  the 
qualifications  of  the  ekctors  under  the  num- 
berless restrictions  the  present  laws  have  im- 
posed, which  require  the  attendance  of  wit- 
nesses, the  production  of  records,  and  are 
subject  to  infinite  dispute.  But  when  no 
other  qualification  should  be  necessary  but 
that  ot  being  a  British  subject,  and  ot  age, 
there  can  be  but  lilllc  left  to  contend  upon  as 
to  the  right  of  electors  to  vote.  All  other 
iiuestion.v  Ihat  could  aflbrd  ground  for  a  peti- 
tion would  be  triding,  and  might  be  decided 
ill  one  day.    Many  oltvtt  ^jbjections  are  ob- 


Triai  qf  Thomas  Hardif 

"  But  there  is  another  sort  of  ol^cdiai 
against  which  no  provisiou  cao  be  made,  mz 
IS  merely  I maginar).  It  is  feared  by mq^ 
that  the  intlueuce  of  power  and  nchovi 
give  to  the  aristocracy  so  great  4ft  loiii  iatin 
elections,  a&  to  place  the  wbolc 
in  their  hands.  Others  again 
when  paupers  and  the  lowest 
people  shall  have  aii  equal  vote  with 
commoner  in  the  kirigcjoni,  we  shall  UU 
all  the  confusion  of  a  democratic  nm 
The  cuntr^iriety  of  these  two  afpntel 
might  of  Itself  be  a  sufBcicnt  praof 
neither  extretne  will  take  plsure.  It  b 
that  the  poorest  man  in  the  kingiloai 
have  an  equal  vote  with  the  first,  ibf 
choice  of  the  person  to  w^hocn  be 
all ;  and  I  tliink  he  ou^ht  to  hav« 

degree  of  security  against  oppr*     '     

also  true,  that  men  of  superior  ibrtaoa 
have  a  superior  degree  of  weisjbt  and  i^ 
iluence ;  and  I  think  that  as  educatiooii 
knowledge  generally  attend  property,  te 
who  possess  them  otight  to   t  I'llit  tfi 

influrncc  with  the  more  igi  Mlli 

essential  diflference  will  be,"  itj^i  utntMUCfaii 
people  may  l>e  led,  they  cannot  be  oiiA 
Property  will  have  its  weight,  as  it  evYTOiii 
have,  in  all  governmeots ;  and  I  coooai^ 
that  in  tliis  plan  it  will  precisely  ftmi  jli|al 
proportion  comhnied  with  talents  and  ^ 
racter,  A  man  of  great  property  thil  • 
beloved  and  esteemed,  will^  as  heoi|gbl,bil 
the  greatest  sway;  but  tyranny  and  opprijaaa, 
though  attended  with  riches^  maybertsitti 
and  will  no  longer  be  attended  with  a  burpff 
tenure  at  command, 

''  Another  subject  of  apprehension  is»  M 
the  principle  ot  allowing  to  evert  mtfl  « 
equal  right  to  vote  tends  to  equality  in  ote 
respect?,  and  to  level  proper*'  To  i»t  i 
seems  to    have  a  direct    c  iwtey. 

The  equal  rights  of  men  to  ruta  of 

pression,  and  to  the  enjov  i  hkm 

liberty,  strikes  me    as    per  oiMt^ 

with  their  unequal  shares  of  iiidiifttrv,  ubwr, 
and  genius,  which  are  the  urii^in  of  Incquilitf 
of  fortunes.  The  equality  arid  ineqmli^  i 
men  are  both  founded  in  nature  ;  and  wiiA* 
we  do  not  confound  the  two,  and  only  fuff^l 
her  establishments,  we  cannot  err.  rbcp«>' 
tection  of  properly  appears  to  me  one  of  Ihi 
most  essential  ends  ot  society ;  and  sa  Hms  M 
injuring  it  by  this  plan,  I  cunceivc  itlote# 
only  means  of  preserving  it ;  (or  the  fwatf^ 
system  is  hastening  with  great  Ondfsto* 
perfect  equaiUif  in  univertai  ptnfewiy. 

"  It  has  been  said,  thai  this  phiii0f«ftiei^ 
ing  the  right  uf  voting  to  every  lodinM 
creates  much  uneasiness  in  the  minds  of  f^ 
and  well-disposed  persons  ;  and  that  it  pa- 
pers, vagabonds,  and  (lersons  of  oo  |M«9«>9V 
were  left  out,  there  would  be  no  oljjlecl*^^ 
extend  it  to  all  householders  and  pmooif^ 
ing  taxes,  and  that    the    -  r^KW  ^ 

districts  might  take  place.  r  is^lW 


viatcd  by  the  biU,  Wl  \l  \sute<i\t^aVtiv:.\.^\W\i^i>«  ^'i  \^^\i\^s\^  Let  hiui  ov  cvtt  ^f^< 
ntcatiOE  them. 


1053]  /w  High  Treason. 

who,  in  his  consumption  of  food,  and  use  of 
mimcnt,  dot'5  uol  pay  taxes,  and  that  I  would 
wish  to  encourage  an  cut!iusiasm  for  his 
countn'  in  the  brc:ist  ol  every  subject,  by  giv- 
itjg  hirti  his  jusl  Hhjirc  in  its  government.  I 
readily  admit,  tbiit  such  an  :3ierHlion  would 
be  a  vast  improvf  merit ;  bui  I  mvist  prefer  the 
adhering  rigidly  to  a  self-evident  principle, 
Cipecijtlly  %vhen  attended  with  no  inconveni- 
ence in  the  execution,  that  I  can  foresee, 
fiesidtvs,  VIC  should  again  fall  into  the  diflicul- 
licfi  of  drawin;'  the  line  of  sej^uration  and  into 
tiie  disputes  about  c^u  ah  A  cation, 

"  The  apprehensions  that  our  government 
will  beconic  too  democratic,  have  been  urged 
tm  another  ground.  It  has  been  said,  tliat  the 
House  of  Commons  has  usurped  the  whole 
power  of  government ;  that  the  crown  in 
reality  no  longer  p05se$S€»  ilJ*  negative,  and 
mu^t  in  all  things  be  ruled  by  the  House  of 
Commons :  that  the  House  of  Lords,  in  con- 
sequence of  its  exclusion  (by  the  will  of  the 
House  of  Commons,  and  not  by  law)  from  in- 
terfering in  money  bills,  no  longer,  in  fact, 
eierciBCb  the  functions  of  a  branch  of  the 
legislature:  that  the  only  means  by  which  the 
balance  uf  the  constitution  is  now  in  any 
degree  preserved,  b  by  the  irregulnr  influence 
of  the  Crown  and  of  "tlie  Peers  in  the  House 
of  Commons :  and  that  if  they  arc  totally  ex* 
eluded  from  inlcffercnce  there,  as  it  is  sup- 
posed will  he  the  case  if  this  bill  passes,  and 
are  not  restored  to  their  oriffmul  share  of 
power,  the  equilibrium  will  be  deslroycdt  and 
tbc  government  become  purely  democnitic, 

'^To  remedy  this  objection,  it  has  been 
answered  by  others,  that  it  is  but  junt  and 
teasonable,  and  that  tbey  mean  at  tnc  same 
lime  Uiat  the  Commons  are  restored  to  tlaeir 
ri^tSy  that  the  Crown  and  the  Peers  should 
iteeower  theirs.  This  answer  has  been  ridi- 
culed in  my  oplniun  with  more  wit,  than  soli* 
^ty  of  argument.  It  has  been  represented  as 
admitting  that  whibt  the  House  of  Commons 
OOOttJlue  corrupt,  the  Kinz  and  Lords  should 
'  to  its  decisions;  nut  that  when  it 
._  reaJIv  speak  the  voice  of  the  people, 
it  would  be  right  to  revive  the  dormant 
!fs  of  resisting  it 

**  For  my  part  I  agree  in  opinion  with  those 

wiiu  aje  fur  restoring  to  all  parts  of  the  state 

at  the  same  time,  to  do  it 

tiaily,  is  wliat  I  must  contend 

v\t  lime,  I  admit  ttmt  I  am 

1  the  net^ative  of  the  crown. 

okdrua 

c  nalitm 

I  would 

—  :'-?wn,  or 

or  people,  tliai  »  jioi^ 


A,  a  179*, 


LI054 


Ttorai  drpiiideciee 
rstiH  syvtefn 

UUtil,   VIS  ^tUiUia  O^^XOftOI  Is  1  pU9te 


democracy  more  titan  our  constitution  war-^ 
rants,  or  than  I  wish  to  see.  I  am  not  for  a 
democratic,  any  more  than  for  an  aristocratic, 
or  monarchic  govcrnmeol,  solely ;  I  urn  lor 
that  admirable  misturc  of  the  three,  that  our 
inimitable  and  comprehensive  constitution 
has  established  :  1  wish  to  see  \\w  cxeculiv** 
part  of  government  revert  to  where  the  con- 
stitution nas  originally  placed  it,  in  the  hands 
of  the  crown,  to  be  carried  on  by  its  ministers; 
those  ministers  under  the  control  of  parlia* 
ment,  and  psirhament  under  the  control  of 
the  people.  1  would  not  have  parliament 
made,  as  it  daily  is,  a  party  concerned  in  every 
act  of  state,  whereby  it  becomes  the  executive, 
tor  which  it  is  not  calculated,  and  loses  its  sti* 
periotcnding  and  controlling  power,  which  is 
the  main  end  of  its  institution.  For  when 
Uic  two  Houses  are  previously  pledgcil  by  ad- 
dresses, votes,  and  resolutions,  it  be<^:omes 
extremely  ditticult  for  them  afterwards  to 
censure  measures  in  which  they  have  been 
so  deeply  engaged  by  acts  of  tlicir  own, 
Another  great  inconvenience  arises  from  par* 
liament's  taking  so  much  of  the  executive  of 
government  on  itself,  whicii  is,  the  exccssiv* 
length  of  the  sessions*  an  evil  which  of  late 
has  greatlv  cncreased*  Now  that  parhamem 
is  engaged  in  every  detail  in  order  to  sctMll 
the  mimslcr,  it  never  can  finish  its  bnnincss 
till  the  middle  of  the  sununer,  when  the  inde- 
pendent country  gentleman,  tired  of  a  lone 
attendance,  and  hot  weather  mtown,  i%  retired 
to  his  private  business  In  the  country,  and 
that  of  the  public  left  to  be  settled  in  thin 
houses  by  a  few  dependents  of  the  minister. 
A  short  session  of  two  or  tliree  months  would 
be  sufficient  to  examine  tlie  expenditure  of 
former  granii,  to  make  new  aoety  to  ledreaa 
g;rievances,  and  pass  such  general  laws  aa 
circumstamces  might  require.  The  inoonve- 
nlency  and  expense  to  a  private  rnemlier  of 
parLiament  in  att^'iidins  his  duty  would  tltcii 
be  IriAing;  and  instead  of  forty  commoners 
and  three  peers  to  form  a  quorum  to  decide 
the  greatest  matters  of  slate^  tbc  attendance.*  of 
two- thirds  of  each  body,  which  would  give 
respect  to  their  proceedings,  might  and  ought 
lo  be  required.  I  am  also  free  to  own  inv 
opinion,  tbalwbea  tbc  House  of  Lords  shall 
be  eliectuallj  prevented  from  having  any  in* 
fluence  in  tlie  House  of  Commons,  as  i  think 
it  must  by  thi«  tiill,  it  should  at  the  same 
time  rccoT  u  every  respect 

with  the  1  ^  a  co-ordinate 

branch  ot  nu  i  ueee  aenlinients 

are  I  think  co:  the  id«i la  well  ea- 

prtssed  ill  yoti  the  volunieer  amiy 

of  Uve  provincr  *  to  restore  to  Ilia 

<rn.wn  it*  origii- .     ,  _    jr,  to  Dobiiit V its  ao* 

deeety  and  to  tiie  aolion  at  Ux^t  ila 

rights.' 
^  1  believe  I  have  now  IrotibM  jou  with 
aD  that  tf   nrcea«ary  eonoemkif  mj  plan* 
My  bcil  wdJ  sbow  Ibe  deUi]  at  £u^  as  oMDcems 
tbe  Huuse  ^  Cocnioous  and  ilii<^  «k3L\ia;A  ^ 


i 


1056]        35  GEORGE  UL 

tbe  crawn  its  exocutive,  and  to  the  House  of 
Lords  its  deliberative  fiinctions  should  be 
Added  ta,  and  form  a  pari  of  this  bill  ;  but  I 
have  not  as  yet  had  lime  mid  kisure  to 
prepare  them. 

"  la  what  I  have  saidi  I  have  shown  my 
opinion  concerning  tlie  Isl,  3rd,  4th,  6th  antl 
ath  questions  you  have  prop<>&e<l  to  mc.  There 
remam  the  2nd  5th  and  7tfi  to  be  considered, 
**  In  respect  to  the  second,  which  I  presuinc 
relates  lo  the  admission  of  Roman  Catholics 
to  vote  at  elections^  I  can  only  say,  that  the 
same  principles  which  go  lo  civil  hbcrt>% 
equally  lead^to  liberty  of  conscience:  I  admire 
with  you  the  glorious  spirit  of  toleration  which 
you  s'^y  has  united  the  once  distracted  inha- 
bitants of  Ireland  into  one  indissoluble  mass: 
and  I  am  sure  that  nothing  short  of  evident 
danger  to  the  stale  can  warrant  its  interfcjencc 
in  religious  opmions.  But  unacquainted  as  I 
am  with  the  stale  of  Ireland^  it  is  impossible 
for  me  to  know  the  present  temper  and  dispo- 
sition of  the  Roman  Catholics  there,  and 
those  only  who  are  on  the  spot  can  judge 
how  far  exclusions  of  tliis  sort  arc  necessary, 
Of  ought  to  extend. 

«<  With  regard  to  the  5th  quesftion,  if  voting 
by  ballot  is  advisable?  I  am  clearly  of  opinion 
that  it  is  not  The  idea  of  a  ballot  can  have 
arisen  but  to  avoid  the  eBcct  of  some  impro-^ 
per  intlucDre;  and  I  conceive  it  much  more 
DobJc,  directly  to  check  that  influence,  than 
indirectly  to  evade  it  by  concealment  and 
deceit.  I  am  convinced  that  trivial  circum- 
stances In  things  like  this  lend  greatly  to 
form  the  national  character ;  and  that  it  is 
most  consistent  with  that  of  a  British  or  Irish 
freeman,  that  all  his  actions  should  be  open 
tnd  avowed^  and  that  he  should  not  be 
ashamed  of  declaring  in  the  face  of  bis  country 
vrhom  he  wishes  to  intrust  with  its  interests. 
Upon  the  same  idea  that  ballots  may  be  a 
cover  for  independence,  they  must  also  be  a 
eloak  for  bribery,  and  a  school  for  lying  and 
deceit. 
*'  A9t0the  7  th  question,  whether  it  would 
>  not  be  equitable  or  expedient  that  boroughs 
now  in  the  poi^ession  of  individuals  should  be 
purchased  by  the  nation?  I  think,  that 
altlKiugh  no  man  can  have  a  strict  claim  in 
equity  to  be  refunded  the  loss  of  what  neither 
huver  f»ur  seller  had  a  right  to  barter,  yet  it 
will  be  wise  to  purcha'ic  the  good  will,  or  at 
least  to  soften  the  resistance,  of  the  present 
i^w«rful  possessors  a(  borotigli^,  by  a  most 
^  ample   con  n.     The    h^terties   of   a 

^  DajtMU  ciii  '  >ugbt  too  dear:  hut  thu 

whole      CO^l     ui       uiCM;      b'  '    "  '':-      ..  ...I.I      .  ..f 

ainounl  to  the  protits  ui  • 
lyiTO  I 


i*/mJ 


Trial  of  Thomas  Hardtf 


rKM 


can  no  lon^r  be  any  apprehension  of  their 

endeavour  in  toss  tbcmst '        '     nob* 

kind  iniiMitt  risuchroL^*  <;LI- 

con<fucted   mut  hu^?   as    v  •  '^  ^nf 

ceedleiis,     I  mrntmn  tin-  ii|j 

the  more  ialisfartion,   a*  ii  ^a- 

duct  with  lh(^  riiust  unequl^  iif. 

interfiled  ptitTioUsm.     l*o\v>  ^  ..  _  ^c* 

quir  d,  is  generally  endoivpured  to  be  prc^ 
served  by  its  possessors:  but  nuj,  afi^ 
having  t^tken  up  yours  trorn  n  ij4 

employed  it  ust? fully,  are  now  1 1  i,*'^ 

with  une^tampled  virtue,  to  fimuIlt  *u  coi^ 
tmuitncc  un  necessary »  Kor  qrrat  jis  v»H»f  ser- 
vices have  been,  in  soy  Hf 
army,  \\\  the  advant^^;.  ^d 
for  your  country,  in  tm  jiimki  ornrr  vo»j  navt 
preserved,  and  in  the  ellic:icy  you  hive  Itvoa 
to  iaw^  you  will  <!'-•  *»  -»•'*  --^f  t"^- rtewt,  in 
my  opinion,  frocM  seeing 
that  a  great  m.  imcoo* 
nected  with  not  bet 
permanent  «  couotry, 
whose  first  pmicipie  i»,  utr\*er  to  tru&l  aJ>aofasli 
power  in  any  handfi  whatever.  Your  present 
endeavours  to  restore  tbe  r.  ti 
purity  and  vigour,  evidently  i* 
and  every  extraortlmary  ijjsuiut  v- 
sary;  for,  when  tlic  pco^ile  m-  wi 
equally  represented  in  pariiri^  y 
have  annual  opportunities  '                            ir 

deputies,    and  through  thciii  .imju^ui^ 

every  abuse  of  government  in  a  safe,  «M^ 
and  legal  way,  there  can  be  no  loQgper  my 
reason  for  recurring  to  those  ever  dangcroia, 
though  sometimes  necessary  c  xtu'dipola  i;^m 
armed  force,  which  nothing  t  ^'ovtrik 

ment  can  justify.    Such  a  in  i  hiscii^ 

to  your  procccdingJi,  when,  nWtr  iiavin^  m* 
stored  liberty,  commerce,  and  fre«^  »ovfftK 
men t  lo  your  countr>%  you  shalf  f 

retire  to  the  noble  cLiracter  of  li- 

«ens,  peaceably  t  "'       '  '.  s^in^*  you 

have  procured,  v.  vboun  wilh 

everlasting  ^lory,  uuu  i^  ^>ijikM>  the  i^uinf 
patriotic  spint  which  animates  the  Iriah  Y^km 
tcers. 

''  Before  I  conclude.  I  beg  kave  to  eiprctt 
a  wish  that  the  mutually  essenli;il  « iaiaectioil 
between  Greal^Britam  and  I  v  MX>tJi 

be  settled  on  some  lihcn^!  >  atjnjj, 

That  which  *^  v 

and  absurd  }i  c 

kingdom  CHir  i   _,  i 

fitratnt   and   (1>  ii'-nd^  n<  i-      i' 

Ihr 
dl  : 
Citui: 

a  totoi 


,:fiom,  mm 

rn*  tjmrf  b 

\iiUlf  »amu  wit  wl  $*xiif^ui  wiiis^^^ 


1057] 


Jbr  High  Treason. 


A.  D.  1794. 


[1058 


Icnst,  between  the  two  kiugdonis,  bceiiia  iic- 
ccssarj-  to  ascertain  tlic  many  circiimstancus 
that  concern  their  joint  interests ;  and  an 
union  of  this  sort  may  now  be  formed  with 
much  greater  propriety  than  licfore,  as  it  will 
be  sanctified  by  the  free  consent  of  indepen- 
dent nations. 

**  I  do  conceive  that  some  step  of  this  sort 
is  absolutely  necessary,  becau'>e  the  present 
footinir  of  separation,  ratlier  tlian  union,  is 
too  unfair  to  be  able  Ions;  to  subsist.  England, 
besides  ihi*  iw  ul  of  the  whole  debt  contracted 
for  the  u^e  of  both  kingdoms,  bears  all  the 
burden^  of  naval  defenre  and  foreign  negoci- 
ations,  and  bv  far  mor(:  than  its  proportion  of 
the  land  scrvfce  in  lime  of  war.  But  what  is 
worse,  is,  that  there  is  no  certainty  now  left, 
that  we  shall  have  the  same  enemies,  and  the 
same  friends;  different  interests  as  they  may 
appear,  in.iy  lead  one  kingdom  to  think  a  war 
necessary,  and  I  he  other  to  remain  in  peace : 
the  same  king,  in  his  diflferenl  kingdoms,  may 
think  it  wi^e  to  follow  the  advice  of  his  re- 
spectiv*!  parliaments:  I  need  scarcely  add, 
that  the  unavoidable  consequences  of  such  a 
diftereiif  e,  are  a  wur  between  the  two  king- 
doms, rnle*^**  some  settlement  takes  place 
upon  these  and  many  other  important  sub- 
jects, I  am  far  from*  being  clear  that  it  will 
le  fur  the  advantage  of  liberty  in  either  king- 
dom, th:it  its  monarch  should  continue  the 
sovereign  of  a  neighl}Ouring  state,  with  which 
it  bas  no  (onntxion.  I  am  sensible  that 
there  are  i;reat  difTicullies  attending  the  ad- 
Justnunt  of  >uch  an  union,  and  that  it  re- 
quirf  >  ^rcal  wisdom  and  temper  to  form  it, 
especi  thy  on  the  part  of  Ire  bind,  which  muht 
feci  th  a"  she  ought  to  give  the  preponderance 
to  Great  Hritain  :  but  I  am  sure  the  business 
ou'^ht  not  to  be  neglected,  and  that  every 
true  friend  t«j  botli  kmi;doms  ought  to  give  it 
his  mo>t  7.ealo(ia  a-si«.tance. 

"  I  bfi:  p-.irdon  for  having  gone  into  a  sub- 
ject nol  immediately  belonging  to  Uiat,  upon 
which  you  have  desired  my  opinion,  but  I 
thought  a  >o  connected  with  it,  and  at  the 
same  time  su  important,  that  I  trust  you  will 
eicu«e  iu\  iKtvini:  introduced  it.  I  fear  I  have 
been  verC  lon^,  but  it  wa.s  impossible  for  me 
to  coniprc'^^  >u  much  matter  into  a  less  com- 
pass, and  wlien  you  wished  to  have  my  opi- 
nion, I  tliougia'  it  best  to  give  it  fully,  or  at 
least  as  tully  a-*  I  cuidd  in  a  letter.  If  it  con- 
tains one  tiiougia  tiiat  can  be  useful,  I  shall 
be  happy.  I  h  ive  only  to  assure  the  com- 
xnittce  of  the  xcai  I  fee!  for  the  cause  the  vol- 
ynteer:)  have  liiidertaken,  to  the  support  of 
which  I  slidli  ever  be  ready  to  give  every  as- 
sUtance  in  m\  power  ;  and  that  it  is  with 
the  hi^he-i  r(%ptct  and  admiration  for  their 
conduct  th.a  lhj\c  the  honour  to  be,  their 
most  obedient,  and  most  humble  servant, 

"  lUCHMUND,  ace. 
^August  loth,  1703. 
«To  Lieut.  Col.  Smarm  as." 

Hr.  Lffn.— I  have  looked  over  the  copy 
VOL.  XXIV. 


the  Sheffield  witness  spoke  to,  while  the 
clerk  has  been  reading  the  letter,  and  I  tiu'l 
the  only  variations  in  tliis  copy  to  be  the  word 
nor,  instead  of  not,  and  a  transposition  of  the 
word  andf  it  is  are  and  taking,  instead  o(  and 
are  takinfi. 

Mr.  AVi^iHc— Gentlemen,  tliis  letter, 
which  from  the  importance  of  the  subject,  as 
well  as  the  dignity  and  good  sense  of  the  au- 
thor, I  chose  to  read  first,  was  written  in  an* 
.swer  to  the  resolutions  that  had  been  passed 
in  Ireland,  when  lieutenant  colonel  Shannan 
was  in  the  cl.air. 

This  letter  was  written  by  your  grace,  in 
consequence  of  the  resolutions  that  had  passed 
at  the  meeting  of  delegates  of  forty-five 
corps  .^ — It  was  written  in  answer  to  the  let- 
ter that  is  iirinted  with  it. 

Mr.  Enkine. — ^Then  I  liavc  a  right  to  read 
it. 

Mr.  Attorney  General. — ^Thcrc  can  be  no 
pretence  for  readiifg  any  thing  more  than  has 
Leen  read  upon  the  {ground  of  any  evidence 
that  has  yet  been  given ;  whatever  respect 
may  be  due  to  the  opinions  of  his  grace  the 
duke  of  Uichmoud,  I  have  a  higher  dutv  be- 
longing to  me,  and  certainly  X  should  not 
have  pcrmitte(I  the  letter  to  have  been  read 
if  it  had  not  been  produced,  according  to  mj 
judgment,  agreeably  to  the  rules  of  evidcnco^ 
111  consequence  of  a  witness  at  the  bar  statins 
that  the  pamphlet,  in  his  band,  contained 
the  scheme  or  reform,  that  be,  the  witness, 
proceeded  upon : — ^after  he  had  stated  that, 
as  a  tact,  he  had  made  the  paper  part  of  liis 
evidence,  and  I  conceive  that  paper  would 
then  have  been  evidence,  whether  bis  grace 
the  duke  of  Richmond  had  been  called  to 
state  that  fact  wiiich  his  grace,  ai:cording  to 
his  character,  I  presume,  would  state  every 
where,  indeed  which  the  world  knows,  that 
he  was  the  author  of  it ;  but  I  siibiiiit  to  your 
lordships  that  it  is  going  a  great  deal  farther, 
to  endeavour  to  connect  a  letter,  written  by 
colonel  Sharman  to  the  duke  of  Richmond, 
with  the  duke  of  Richmond's  letter,  in  order 
to  make  that  evidence  between  the  king  and 
the  pri:4nner ;  no  witness  having  stated^  an 
yet,  that  they  had  ever  seen  any  letter  Irom 
colonel  Shamian  to  the  duke  ot  Richmond; 
or  that  they  had  [»r4Keeded  upon  such  paper, 
or  had  directed  their  mind*,  or  conduct^  in 
anv  respect  wluitcvcr  by  it. 

Mr.  Ariitinc— Was  not  this  letter,  that  bas 
been  read,  published  at  the  time;  and  was  it 
published  separately,  or  as  an  answer  to  that 
preceduig  it  in  this  book  ?— Publishe^l  at  the 
time  as  it  is  there. 

With  that  to  which  it  is  an  answer  ?— Yes. 

Mr.  Attorney  Cirw^ra/.— Still  I  object  \j 
colonel  Sliarman's  letter  being  received  m 
evidence. 

Mr.  Er,kine,^l  shaM  "J*  «»^  U  - 
though  I  am  nol  unpj^*;*"  *?jf^^^^^^   "     ^ 

mylLned  fnend^S^^^^^^^^  ;  ^^ 
arrive;  in  the  rocanwt        » 

«      .-.  •«  Tea,*A  ^^^  cxVr-:*.    '-  • 
give  mc  \cavc  to  i^:** 

3  Y 


r039]        35  G£ORG£  III. 

Joarnals  of  the  proceecliDg9  of  the  Ilouse  of 
Lords. 

(A  clerk  of  the  House  of  Lords  produced  a 
ume  of  the  Journals  of  the  Lords.] 

Mr.  Ertkine, — ^Tb  this  the  Journal  of  the 
Lonls  House  of  Parliament  of  the  year  1780  ? 
-It  is. 

Mr.  Ertkine  to  the  Duke  of  Richmond. — 
Will  your  grace  have  the  soodness  to  cast 
your  eye  upon  this  Journal,  of  the  8th  of  Fe- 
bruary, 1780  ?  There  is  an  entry  that  the 
Lords  should  be  summoned  to  attend  the 
House,  for  considering  a  motion  for  appoint- 
ing a  committee,  and  aflerwiurds  there  follows 
a  protest,  signed  by  your  grace,  and  a  great 
number  of  very  illustrious  peers  of  this  coun- 
try, among  the  rest  I  see  the  name  of  earl 
Camden. — Will  your  grace  have  the  goodbess 
to  tell  me  if  that  is  your  signature  to  the  pro- 
test F—It  is. 

Mr.  Attorney  GeneraL-^VfluX  is  the  evi- 
dence you  propose  to  adduce  ? 

Mr.  Ertkine,— I  will  state  the  nature  of 
this  evidence  which  I  ofier ;  I  will  also  state 
upon  what  principle  I  conceive  it  to  be  evi- 
dence, unless  the  attorney-general  shall  think 
it  a  more  regular  way  for  me  to  content  my- 
self with  stating  the  nature  of  it,  leaving  to 
him,  in  the  first  instance,  to  frame  his  ob- 
jection, and  for  me  to  answer  it. — ^This  was  a 
motion,  which  came  on  in  the  House  of  Lords, 
recorded  in  the  Journals  of  parliament;  there 
were  petitions  from  a  great  number  of  asso- 
ciated bodies  of  men  in  this  country,  which 
associations  were  calling  emphatically  and 
loudly  upon  the  Ilouse  of  Commons  to  attend 
to  its  trust,  for  the  House  of  Commons  is,  it- 
self, a  delegated  body,  representing  the  peo- 
ple ;  calling  upon  the  House  of  Commons  to 
attend  to  its  trust  in  consequence  of  that 
wasteful  horrible  expenditure  which  took 
place  in  the  American  war.- 

Mr.  Bower. — You  are  stating  certain  facts 
which  do  not  appear  upon  the  evidence  you 
offer. 

Mr.  Rrskinc. ^They  do  expressly. 

Mr.  Boner. --You  state  that,  in  fact,  to  be 
a  proccedini»  in  parliament  upon  certain  pe- 
titions, which  I  say  is  not  opening  the  evi- 
dence, unless  you  find  it  there. 

Mr.  Erskine. — 1  do  state  that,  and  I  mean 
to  read  it. 

Lord  Chief  Justice  Et/re. — I  take  it  you 
are  now  going  to  open  a  motion  in  the  House 
of  Lords,  which  is  upon  the  Journals. 

Mr.  Erskhie. — Just  so. 

Lord  Chief  Justice  Fj/rc. — You  may  open 
the  substance  ot"  that  motion  ;  and  if  you  go 
beyond  that,  then  their  objection  lies,  that 
you  have  stated  something  which  is  not  in 
Vhe  evidence. 

Mr.  Erskine. —  I  am  ranch  interested  in 
avoiding  objections,  because  I  am  hardly  able 
to  go  through  the  common  examination  with- 
out that.  The  noble  lords  in  the  protest, 
state  their  reasons  for  that  protest;  and 


Trial  of  Thomas  Hardy 


[WEO 


without  reading  tlui ,  which  I  have  do  fight 
to  do,  till  ;y'our  lordships  shall  be  pleased  to 
receive  it  m  evidence,  i  shall  be  in  order,  if  I 
only  state  what  I  take  to  be  the  general  sub- 
stance of  it;  and  if  I,  in  stating  that,  should 
step  bevond  what  the  ps^r  itself  should  af- 
tierwards  show  when  admitted,  then  I  am  per- 
suaded I  shall  have  eiven  very  just  ofieoce  to 
the  Court.  The  nonle  lords,  among  whom 
are  his  grace  the  duke  of  Richmond  the  wit- 
ness, lord  Camden,  and  others,  whose  names 
arc  not  material,  upon  the  r^oction  of  thb 
motion,  protest,  because  they  conceive  it  to 
be  the  duty  of  the  House  to  listen  to  the  will 
of  the  people; — this  is  evidenoe  to  prov^ 
that  when  these  very  numerous  associatea 
bodies  presented  their  petitions,  in  conse- 
quence of  having  had  committees  to  co-ope- 
rate with  one  another,  that  the  House  consi- 
dered that,  although  it  might  be  naturd 
enough  to  reject  the  petitions  of  private  meiu 
vet  when  the  people  were  in  lar^  associated 
bodies,  co-operatmg  with  one  another,  in 
order  to  speak  what  was  the  will  of  a  voy 
considerable  portion  of  the  people  (more  es- 
pecially if  it  should  at  last  come  to  be  the 
majority  of  the  public)  that  it  is  a  principle 
never  to  be  invaded,  nor  argued  away,  tbst 
the  will  of  the  people 

Mr.  Attorney  General, — I  do  not  know 
what  it  is  Mr.  Erskine  is  now  alluding  to; 
but  if  he  will  state  to  me  that  it  is  a  proceed^ 
ing  of  the  House  of  Lords  of  this  kmgdom, 
which  he  conceives  can  be  of  use  to  a  subject 
of  this  kingdom,  standing  at  that  ^,  let  it 
be  what  it  will,  if  it  be  a  proceeding  of  the 
Ilouse  of  Lords,  I  will  not  object  to  it. 

Mr.  Erskine. — I  am  much  obliged  to  you, 
I  was  sure  that  would  come  from  you ;  I  as- 
sure Your  lordship,  that  Mr.  Gibbs  and  I  have 
read  it,  and  we  do  think  it  is  material  evi- 
dence. 

[It  was  read.] 

"  Die  Marlis,  8*  Februarii,  1780. 

"  The  order  of  the  day  being  read.  That 
all  the  Lords  be  summoned  to  attend  the 
Ilouse  this  day,  to  consider  of  a  motion  for 
appointing  a  committee  consisting  of  mem- 
bers of  both  Houses,  possessing  neither  enh 
ploymcnt  nor  pension,  to  examine  withool 
delay  into  the  public  expenditure,  and  the 
mode  of  accountmg  for  the  same,  more  parti- 
cularly into  the  manner  of  making  all  coo- 
tracts;  and  at  the  same  time  to  take  into 
consideration  what  savings  can  lie  made  con- 
sistent with  public  dignity,  justice,  and  grati- 
tude, by  an  abolilion  of  old  or  new  created 
ofiices,  or  reversion  of  offices,  the  duties 
of  which  have  either  ceased,  or  shall  on 
inquiry  pmve  inadequate  to  the  fees  or 
other "  emoluments  arising  therefrom,  or 
bv  the  reduction  of  such  salaries,  or  other 
allowances  and  profits,  as  may  appear  to  be 
unreasonable ;  that  the  same  may  be  appfied 
to  lessen  the  present  ruinous  espenaitinc^ 


1061] 


for  High  Treafon. 


A.  D.  1794. 


[IOCS 


and  to  enable  us  to  carry  on  Uie  present  war 
li^ainsl  the  liouse  of  Bourbon,  with  that  decU 
sion  and  vigour  which  can  alone  result  from 
national  zeal,  coniidcnce,  and  unanimity. 

'^  It  was  moved,  That  a  coinuiittee  be  ap- 
pointed, consisting  of  members  of  both  Houses 
possessing  neither  employment  nor  pension,  to 
examine  without  delay  into  the  public  expendi- 
ture, and  the  mode  ut  accounting  for  the  same, 
more  particularly  into  the  manner  of  making 
'oll  contracts ;  and,  at  the  same  time,  to  take 
into  consideration  what  saving  can  be  made, 
consistent  with  public  dignity,  justice,  and  gra- 
titude, by  an  abolition  of  old  and  new  created 
offices,  the  duties  of  which  have  either  ceased 
or  sliall  on  inquiry  prove  inadequate  to  the 
fees  or  other  emoluments  arising  therefrom, 
or  by  the  reduction  of  such  salaries  or  other 
allowances  and  profits  as  may  appear  to  be 
unreasonable :  that  the  same  may  oe  applied 
to  lessen  the  present  ruinous  expenaiture, 
and  to  enable  us  to  provide  in  the  manner 
the  least  burthensome  for  the  indispensable 
exigencies  of  the  state. 

<*  Which  beiujg  objected  to,  after  long  de- 
bate,* the  followmg  amendment  was  proposed 
to  be  made  to  the  said  motion,  viz.  leave  out 
the  words  members  of  both  HoiiM«,and  instead 
thereof  insert  Lords. 

<<  The  same  was  agreed  to  and  ordered  ac- 
cordingly. 

"  Then  the  question  was  put,  whether  to 
agree  to  the  said  motion  thus  amended  ? 

"  It  was  resolved  in  the  negative. 

"Contents    50 

"  Proxies 5 

Total        55 

**  Non-contents    81 

"Proxies 20 

Total        101 

"  Dissentient,— First,  because  however  the 
waste  of  public  money,  and  the  profusion  of 
useless  salaries,  may  have  been  heretofore 
overlooked  in  the  days  of  wealth  and  pros- 
perity, the  necessities  of  the  present  time  can 
no  longer  endure  the  same  system  of  corrup- 
tion awl  prodigality. 

**  The  scarcity  of  money,  the  diminished 
value  of  land,  tlic  sinkino;  of  rents,  with  the 
decline  of  trade,  are  mclancholv  proofs  that 
we  are  almu«t  arrived  at  the  end  of  taxation ; 
aod  yet  the  demands  are  annually  increased, 
while  the  ho|«b  of  peace  are  ever^-year  put  to 
a  greater  dirtance. 

**  For  let  any  man  consider  the  immense 
debt,  increasing  U  vend  the  possibility  of  pay- 
ment, with  the  prcftnt  accumulation  of  taxes 
upon  every  articie,  not  only  of  luxury,  but  of 
ceoveniexice,  and  even  of  necessary  use ;  and 
lei  htm  carr}-  hi^  thoughts  forward  to  those 

*  See  the  Debates  in  the  New  Parliamen- 
UTT  History,  Vol.  80,  pp.  1318,  et  kc. 


additional  duties  which  must  immcdisitely  be 
imposed,  to  make  good  the  intcrc>>t  of  the  ap- 
proaching loan,  and  of  that  debt  which  will 
still  remain  unfunded,  ho  will  find  that,  at 
least  one  million  and  an  half  of  inlrrcst  nuibt 
be  provided  for,  besides  what  may  be  farther 
necessary,  to  make  good  the  deficiencies  of  the 
late  taxes. 

"  Under  these  circumstances,  the  savings 
of  a  strict  and  vigilant  economy  in  every 
branch,  and  the  application  of  overgrown 
salaries,  unmerited  pensions,  and  useless 
places  to  the  public  service,  are  almost  the 
only  resources  left  in  the  exhausted  state  of 
our  finances.  But  besides  this  stroncargument 
of  necessity  that  presses  upon  the  present 
moment,  such  and  so  great  are  the  abuses  in 
the  management  and  expenditure  of  the  pub- 
lic monev,  as  would  call  for  the  strictest  in- 
c^uiry  and  animadversion  even  in  the  best  of 
times.  The  practice  of  expending  immense 
sums  without  consent  of  parliament  imder  the 
fallacious  head  of  contingencies  and  extraor- 
dinaries,  the  greater  part  of  which  might 
easily  be  comprised  in  an  estimate, but  because 
some  unforeseen  articles  are  not  capable  of 
such  precision  the  m'mister  has,  under  tliat 
colour,  found  out  a  method  of  expending  tlie 
public  money  first,  ad  libUum,  and  wlicn  it 
has  been  so  expended,  has  found  means  to 
induce  parliament  to  think  itself  bound  in 
honour  to  ratify  and  make  it  good,  deserves 
the  highest  censure;  and  no  minister  wlio 
shall  dare  to  stake  the  public  credit  for  mo- 
ney that  has  not  been  voted,  ought  to  be  jus- 
tified bya  less  authoritv  than  an  act  ofindcm« 
nity.    The  millions  which  remain  in  conie- 

auence  unexplained  and  uiiaccotuitcd  for — 
:ie  shameful  facility  of  admitting  almo<;t 
every  claim —the  improvident  bargains  made 
for  the  public  service— the  criminal  neglect, 
and  even  contempt  of  the  few  checks  estab- 
lished in  the  Board  of  Treasury,  besides  great 
part  of  the  money  being  shared  in  its  passaze 
among  a  tribe  of  collectors,  clerks,  ageiits^b- 
l>ers,  or  contractors,  or  paid  away  by  orocial 
extortion,  or  stopt  in  its  course  to  breed  in- 
terest fur  some  engrossing  individuals  are 
grievances  which  the  present  motion  has  in 
view  to  remedy. 

"  Secondly,  but  great  and  important  as  the 
motion  is  in  this  view  of  it,  it  is  still  more 
important  in  another,  as  it  tends  to  narrow  the 
wide-spreading  influence  of  the  ( 'rown,  tlott 
has  found  its  way  into  every  corner  of  the 
kingdom. 

•*  It  is  sufficient  to  allude  to  this  grievance 
without  any  farther  enUr^ement;  but  this 
argument,  thouzh,  perhaps,  the  stron^'.sT  in 
favour  of  the  motion,  has  been  turucd  tnto 
an  objection  to  it,  as  if  it  meant  toabridze  tlie 
rights  of  monarch \ ,  and  make  the  Crown  'de- 
pendent upon  tneYarliament, 

*'  If  the  objection  means  to  insinuate,  that 
corruptiun  is  necessary  lo  g'jv«\\\wA^?-%  '«*■- 
shall  leave  thaV  ^niicivVt  \o  ui^VviNft  WjX^ V$ 
its  own  tp^aitiAuttic^x^  • 


1063]        56  GEORGE  10- 

**  Thai  this  motion  is  intpnd^  to  diminish 
theconsliUitional  power  of  the  Crown,wcdeny; 
the  conslituliond  power  of  the  Cffiwn  wc  arc 
no  less  solicitous  to  preserve  than  wc  are  to 
annihilate  1  ts  uti cons ti I u lion u I  mBuenr e.  Th e 
prerogative,  righlly  uudcrslood,  nal  touched^ 
or  intended  to  he  touthed  by  thb  motion, 
wt!i  support  Uie  Cruwti  in  all  the  splendour 
which  the  King's  personal  drgtiily  require?*, 
and  with  all  theiulhorityand  vigonr  necessary 
to  give  due  effect  to  the  executive  powers  of 
governments 

*•  It  li!45  been  argued^  that  Ihi;^  is  not  a  pro- 
per time  for  reformatiun,  when  all  the  aiteO' 
tion  of  the  kingdum  should  be  employed  upon 
the  war,  as  the  great  and  only  object  in  the 
present  lime  of  tDsireM;  to  which  we  beg 
leave  to  insist,  that  the  present  h,  for  that 
veij  reason,  tlie  properest  time,  because  no- 
thin|^is  su  essential  lo  the  conduct  and  pro- 
secution of  the  war  as  the  frugal  mana^- 
m^t  of  thiit  supply,  by  which  only  it  can l>e 
carried  on  with  any  prospect  of  success ;  nor 
oug)it  the  phiti  of  economy  to  be  any  longer 
delayed  at  the  ri^k  of  a  general  bankruptcy  ; 
andj  from  the  liistory  of  this  as  well  as  other 
conn  tries,  limes  of  necessily  have  been  always 
titnea  of  rt^form. 

** Thirdly, because  we  conceive  that  the  mode 
ofacommiUce,  which  might  be  to  act  whh  a 
committee  of  the  other  House,  and  might,  if 
necessary,  he  rendered  durahle,  nnd  vested 
with  due  powers  by  an  act  of  the  whole  legis- 
lature might  bring  back  the  puldie  expendi- 
ture to  its  c*>nstilutiunal  principle;  might  de- 
vise proper  refjnlatious  fur  openln|  contracts 
to  the  proposals  of  ei^ery  fair  bidder,  for  re- 
i^rniing  the  alnjves  of  otBce  and  the  enormity 
oTfc^s,  with  a  variety  of  other  abuses,  parti- 
cularly tlut  of  larije  sums  of  money  lyinc  in 
the  hands  of  rndividualsj  to  the  loss  of  the 


Trial  cf  Thomas  Hard^ 


[1064 


respeclhiHyof  the  othej-.  To  them  il  wiUieeDS 
a  matter  of  Tfidififercnce  whether  the  wxAkm 
is  defeated  by  the  exertion  of  that  tnflaeDcc 
to  excite  a  g roll nd less  c latin  in  the  one  bcwoe, 
or  by  a  groundless  anprehf^iision  of  siith  i 
ciaiitt  in  the  other.  Btit  we,  who  would  be 
undersloo<l  to  think  with  more  respect  ofbutL 
cannot  entertain  an  apprehension  so  injunot^ 
to  the  Hou^e  of  Cotamons,  as  that  they  wodd, 
at  this  time  ei^pecialjy,  and  on  this  occaskc. 
have  advanced  such  a  ciaim. 

**  The  motion  has  likewise  been  obiectdla 
on  account  of  its  disqualifying  perMitif  pw- 
^e^<ing  employmenls  or  peosioa,%  to  l«  oi 
the  proposed  committee.     Wc  are  hi  frmi 
ijup[rasinj^,  that   the  poi^sessioii  of  ulsc«  c? 
pension,    necessarily   corrupts    the    mtegnu 
of  the  po!isc5sor.     We    have  seen,  axtd  Ik 
public  have  seen,  many  iliystrious  mstaDC£i 
lo  the  conlfitry ;    yet    we  caonoi    but  a^ 
pose    that   the  jiuhlic    expectation  of  id- 
vantage  from  this  measure  would  bstve  bees 
less    sanguine  J    if    they     had    seen   penee^ 
possessing  offices  selected  to  distinguish  bo^ 
far  their  offices  were  useful,  or  their  salarb 
adet|uale.    They,  perhapfi,  would  not  tW 
the  possessor  of  a  pension,  or  office,  the  fit'isJ 
jud^  how  far  that  pension  or  office  bari  *^ 
merited,  or  was  necessary.     We  cannoi  i. 
fure  think  the  motion  justly  eicccptin.T/ 
on  this  ground  ;    it  rather  appears  to    ■ 
have  been  drawn  ^vith  a  proper   aitcotj;.;: 
noble  lords  in  that  prCilicament,  esen.^  :: 
them  from  a  situation  which  they  musi  &t«^ 
sarilj  wisli  lo  decline. 

■*  We  conceive  ourselves  warranted,  in  thf 
mode  poposed,  by  precedent  as  well  as  rf  > 
and  it  was  .staled  to  the  House  to  have  Ut  i 
recommended  bj  the  most  approved  con*tmi* 
lional  autliors,  who  have  written  sine*  tin 
revnhjiioii;  but  having  offered  lo  meet  ^j 


1065] 


Jirr  High  Trtason. 


A.  D.  1794. 


[1066 


what  farther  is  to  be  done,  if  these  petitions 
are  rejected,  the  best  answer  is,  that  the  case 
cannot  be  supposed ;  for  although,  upon  a  few 
separate  petitions,  it  may  be  faiHv  said,  that 
the  other  House  ought  not  to  be  decided  by  a 
part  only  of  their  constituents,  yet  it  cannot  be 
presumed  they  will  act  in  defiance  of  the 
united  wishes  of  the  whole  people,  or  indeed 
of  any  CTeat  and  notorious  majority.  It  is 
admitted  that  they  have  a  power  to  vote  as 
they  think  fit;  but  it  is  not  possible  to  con- 
ceive that  so  wise  an  assembler  will  ever  be 
rash  enough  to  reject  such  petitions,  and  by 
that  means  cause  this  dangerous  question  to 
be  broached  and  agitated,  wliether  they  have 
not  broke  their  trust  ? 

"The  voice  of  the  people  will  certainly  be 
complied  with.  Ministers  may,  as  they  seem 
to  have  done  in  a  recent  instance,  deprive  any 
man  of  what  he  holds  at  their  pleasure,  for 
presuming;  to  exercise  his  undouoted  right  of 
thinking  for  himself,  on  these  or  other  public 
subjects  ;  but  it  will  not  be  wise  in  them  to 
treat  these  associations  with  contempt,  or  call 
them  by  the  invidious  name  of  faction ;  a 
name  by  which  the  minority,  in  both  Houses 
of  Parliament,  have  been  so  frequently  and  so 
falsely  calumniated,  because  the  name,  so  ap- 
plied, will  recoil  buck  upon  themselves,  when 
acting  against  the  general  sense  of  the  nar 
tion.  Nor  will  they  be  able  to  represent 
these  numbers,  so  respectable  in  rank  and 

Sropcrty,  as  they  did  but  too  successfully  the 
iscon tented  Americans,  as  a  mob  of  indigent 
and  seditious  incendiaries,  because  the  people 
to  whom  this  is  addressed,  are  the  very  people 
that  are  abused,  and  every  man  bears  witnin 
himself  the  testimony  of  its  falsehood. 

The  ministers,  on  tliis  particular  occasion, 
cannot  deceive  the  people. 

'*  Fortescue,  Harcourt,  De  Fcrrars,  Beaulieu, 
Camden,  Coventry,  Richmond,  Manches- 
ter, Derby,  Effingham,  Grafton,  Port- 
land, Ferrers,  ChoTniondely,  King,  Aber- 
gavenny, J.  Peterborough,*  Abingdon, 
Pembroke  and  Montgomery,  Fitzwilliam, 
Rutland,  Nug.  Temple,  Bolton,  Courte- 
nay,  Staniford,Tankerville,  J.  St.  Asaph,f 
Wycombe,  Craven,  llockingliam,  Scar- 
borough, Jersey,  Dcvonsliire. — Dissen- 
tient witliout  reasons,  Radnor. — For  all 
the  above  reasons  except  the  fourth^ 
,   Osborne." 

Mr.  Daniel  Stuart,  called  in  again. 

Mr  Erskinc — I  call  back  this  gentleman 
only  for  the  purpose*  of  asking  him  one  ques- 
tion, which  I  could  nut  witii  propriety  ask 
him  before ; — you  stated,  in  your  former  ex- 
mmination,  your  personal  acquaintance  with 
the  prisoner  at  the  bar,  and  your  transactions 
with  him  before  ;  did  you  ever  hear  him  stato 
vhat  his  plan  of  reform  was  ? — Yes,  I  have; 
he  always  stated  it  to  be  the  duke  of  Rich- 

*UiDchchffe.       f  Shipley. 


mond's  plan,  universal  sufirage  and  annual 
parliaments. 

Was  that  said  to  you  publicly,  or  in  the  pri- 
vacy of  confidence? — It  was  ssud  publicly; 
and  he  sold  me  some  copies  of  the  duke  of 
Richmond's  letter. 

Mr.  Attorn^  General, — I  really  must  object 
to  this  sort  of^xamination. 

Mr.  Ertkine, — ^Then  I  will  now  defend  this 
question ;  I  am  persuaded  your  lordships  will 
not  refuse  to  the  unfortunate  man  at  the  bar, 
that  evidence  which  has  been  received  for 
every  prisoner  under  similar  circumstances, 
from  the  earliest  times  of  our  history  to  the 
present  moment.  I  am  sorry  to  consume  the 
time  of  the  court,  but  if  I  am  called  upon  I 
will  repeat  to  your  lordships,  verbatim^  from 
the  State  Trials,  various  questions  upon  similar 
occasions,  put  by  different  prisoners  by  con- 
sent of  all  the  judges,  all  tne  attorney-gene- 
rals, andsolicitor-generals,and  counsel  for  the 
Crown.  I  only  wish  to  know  wbetlier  the 
question  is  objected  to  or  not. 

Mr,  Attorney  General, — It  is. 

Mr.  Ertkine.  —I  will  proceed,  and  I  have 
much  more  pleasure  in  doing  it  from  the 
manner  in  which  the  attorney-general  con- 
ducted himself  recently,  because  the  moment 
that  it  was  stated  as  a  proceeding  which,  we 
thought,  might  be  serviceable  to  the  prisoner, 
and  consistent  with  the  rules  of  evidence,  he 
instantly  acceded  to  its  production — therefore, 
independent  of  satisfying  your  lordships,  if  I 
can  satisfy  my  learned  friend  that  we  are  in 
the  regular  course,  1  am  persuaded  he  would 
be  sorry,  himself,  that  this  prisoner  should  be 
deprivea  of  the  advantage  which  all  others 
have  ei\joyed. 

I  believe  the  reason  why  a  matter  of  this 
sort  falls  into  debate,  is  the  very  singular  ano- 
maly of  the  case  before  your  lordships,  and  I 
am  the  more  inclined  to  think  that  I  shall 
succeed  in  the  little  that  I  have  to  offer  to  you 
from  what  fell  from  the  learned  judges  of  the 
court  of  KingVbench  (two  of  whom  arc  now 
present)  when  it  was  discussed  how  &ra 
paper  that  had  been  published  in  the  year 
17 BO,  which  was  supposed  to  have  been  writ- 
ten by  some  persons  of  rank,  should  have  been 
received  in  evidence  by  Mr.  Justice  Wilson, 
who  tried  an  individual  in  the  year  I7().*i,  for  a 
libel. — ^The  Court  suDpurted  the  rejection  of 
it. — ^1  he  learned  juuge  rejected  it  upon  this 
princiiile  : — That  the  (iefendant  in  that  case 
was  cnargcd  with  an  act,  wiiich  act  was  the 

fKiblication  of  a  libel;  and  that,  although  the 
ate  act  of  parliament  *  directs,  in  fact,  that 
the  trial  upon  a  libel,  like  the  trial  upun  any 
other  case,  proceeds  by  the  judgf!*s  giving  his 
opinion  to  the  jury  in  matter  of  law,  stul  it 
does  not  rcqiiLrc  that  there  should  be  any  evi« 
dence  upon  tlie  subject  showing  the  intention 
of  the  prisoner. 

Mr.  J  ustice  Buller, — What  proieculioB  do 
you  allude  to  you? 


1067]       So  GEORGE  III. 

Mr.  iV^Ame.— ThecaseofDamd  IIoll*; 
aud  \i\y\ju  chU  ^rvund,  they  «ay,  you  mav  re- 
but evidence  which  fastens  abv  thing  that  is 
wct^n^  upon  yuu«  undoubtedly,  but  because  a 
person  lia>  pubUshed  a  libef,  supposing  it  to 
be  one.  iu  the  year  1780,  that  will  be  no  an- 
s^wcr  to  yuur  publishing  a  libel  in  the  year 
179;5.  U"iudy  be  matter  extremely  material 
in  mitizatiuu*  of  fninishment,  but.  said  the 
Court,  it  is  not  strictly  evidence,  because  it 
^loes  uot  ^o  to  ne^tive  the  gist  of  the  indict- 
ment :  for  supposing  it  to  have  been  received 
by  the  judge,  he  could  not  have  told  the  jury, 
it'  he  thought,  in  point  of  law,  the  publica- 
tion wds  a  libel,  that  the  publicaUon  of  the 
same  libel  by  any  other  person,  however  re- 
spectable, at  any  other  time,  was  a  shield 
against  the  criminal  laws  attaching  upon  the 
defendant  in  that  case;  and  upon  tliat  ground 
I  do  know  that  that  most  intelligent  judge, 
whose  loss  we  all  in  common  deplore,  decided 
it ;  and,  as  the  court  of  King's-bench  deter- 
mined, rightly  decided  it. 

Unless  I  deceive  myself  greatly,  and  unless 
I  have  lost  the  faculty  of  seeing  whether  I  am 
assented  to,  when  laying  down  any  proposi- 
tion (which  when  man  speaks  to  nian  is  in 
fjneral  not  verj*  difficult  to  see)  I  rather  think 
am  in  possession  of  the  opinion  of  the  court 
in  the  striking  difference  between  the  case 
now  in  agitation,  and  a  case  where  a  man  is 
charged  with  a  fact,  which  fact,  if  it  be  done, 
the  criminal  intention,  which  arises  from  the 
commission  of  the  criminal  act,  carries  with  it 
a  certain  legal  inference,  which  legal  infer- 
ence, being^oncc  established,  it  does  not  be- 
come a  matter  of  fact  fur  the  prisoner  to  en- 
deavour to  rebut. 

But  leaving  out  of  the  question  all  conside- 
ration of  that  act  of  parliament,  I  stand  upon 
the  authority  of  lord  Mansfield,  in  the  case 
of  the  king  against  Woodfiill  f  the  printer,  re- 
ported in  sir  James  Burrow's  fifth  volume: 
That  wherever  the  fact  does  constitute  the 
crime,  but  that  the  fact  is  cither  in  itself 
wholly  indifferent,  or  if  it  is  notindifterentbut 
criminal ;  if  it  be  criminal,  short  of  the  charge 
that  is  made  upon  the  party,  that  there  the 
intention  is  not  matter  of  law,  but  that  it  is 
matter  of  fact,  and  that  the  party  has  a  ri^ht 
to  prove  his  intention  in  every  way,  by  which 
the  intention  of  a  man  can  be  safely,  or  rea- 
sonably collected. — ^To  apply  that  doctrine  in 
the  case  I  have  mentioneo,  which  I  am  per- 
suaded is  tamiliar  to  all  your  lordships,  in 
which  a  very  elaborate  judgment  was  deli- 
vered by  lord  Mansfield,  where  his  lordship 
said,  the  defendant,  Woodfall,  was  found  by 
the  jury  guilty  of  having  published  the  libel ; 
and  though  the  defendant  called  no  witnesses 
to  rebut  the  criminal  inference;  vet,  says 
lord  Mansfield,  if  it  be  upon  the  Hbel,  he  may 
arrest  the  judgment  upon  the  record,  for  the 
tact  of  publication  is  the  crime  that  is  imputed 

•  See  it,  antc^  Vol.  ««,  p.  1189. 

t  See  it  in  Ibu  Collection  Vol.  iO,  p.  895. 


Trial  of  Thomas  Hardy 


[I0G8 


to  him;  and  if,  when  it  comes  before  the 
Court,  that  publication  tumsout  to  be  no  libcly 
the  defendant  can  have  no  judgment  pro* 
nounced  upon  him. 

Now,  what  is  the  present  case  ? — 'The  pri- 
soner is  charged  with  the  overt  acts,  whicn  I 
need  not  repeat,  because  we  are  so  well  ac- 
quainted with  the  nature  of  them;  but  he  is 
not  charged  with  the  commisaon  of  those 
acts,  as  substantive  acts,  but  he  is  charged 
with  having  in  his  mind  the  wicked  and  de- 
testable purpose  of  aiming  at  the  destruction 
of  the  king,  to  put  down  and  bring  the  king 
to  death,  and  tnat  in  the  fulfilment  of  that 
most  detestable  imagination,  he  did  the  speci- 
fic acts  chained  upon  the  record  ; — that  is  to 
say,  that  he  agreed  to  assemble  a  convention 
to  be  held  which  ^'as  not  held — that  he  con- 
spired to  hold  it,  for  the  purpose  of  subver- 
ting the  rule  und  authority  of  the  country-, 
ana  not  that  alone^  but  that  he  consented  to 
hold  such  convention,  which  convention,  in 
his  mind,  was  to  accomplish  the  purpose  of 
the  subversion  of  the  government,  and  that  he 
did  agree  to  assemble  that  convention  for  the 
purpose  of  that  subversion  in  fulfilment,  not 
that  the  other  is  the  consequence  of  it,  but  in 
fulfilment  of  the  detestable  purpose  of  com- 
passing the  king's  death. 

Here  then  the  intention  of  the  mind  is  the 
question  which  the  jury  have  to  try ;  and  I 
tnink  I  may  appeal  to  what  passed  in  the 
Court  on  Saturday,  that  I  did  not  seek  to  lay 
down  other  ndcs  of  evidence  than  those  tliat 
have  been  mostrecenllv  stated,  and  those  that 
have  been  determined  in  ancient  times. — 
Then,  that  bcin^;  the  case,  let  us  see  whether 
the  declarations  of  a  prisoner,  cluirged  with 
an  evil  and  wicked  intention — clt.-cl;!  rat  ions  at 
the  time,  or  about  the  time — nay,  I  will  gj 
farther,  since  I  am  put  to  it  generally,  1  yd\  I 
will  prove  (which  is  not  this  case  by- the- by, 
for  my  case  does  not  reijuire  it)  that  if  I,  who 
am  now  speaking  to  your  lord>hips,  was 
charged  with  the  detestable  purpose  of  com- 
passing the  king's  death,  1  should  he  intitlrJ 
to  call  any  man  in  Court — not  to  my  tlia- 
racter— but  I  should  be  intitlcd  to  calf  every 
man  in  Court  who  knows  niv  sentiments 
(which  are  well  known  upon  Ihe^e  subject-) 
what  I  have  repeatedly  declared  with  regard 
to  the  monarchy  of  this  country,  and  its  utility 
to  the  svstem  of  our  government;  but  though 
I  should  establish  it  clearlv  in  twenty  in>taii- 
ces,  or  till  vour  lordships  desire  me  to  iio  no 
farther,  still  it  w  ould  not  be  so  evident  a'>  il  is 
in  this  case,  that  the  intention  of  these  per- 
sons, and  the  object  which  they  h.id  iu  view 
was,  to  follow  the  plan  of  the  duke  of  Rich- 
mond. 

The  first  case  I  will  cite  is  the  most  modern, 
but  not  the  least  important,  the  ca>c  of  lord 
George  Gordon,*  and  1  sa^'  it  is  the  most  iin* 
portanl,  because  there  he  is  not  charged  with 
compassing  the  death  of  the  king,  but  he  is 

•  Sec  it,  aii/a,  Vol,  2J,  p.  485, 


1069] 


for  High  Tretuen* 


A.  D.  1794. 


[1070 


cliargcd  witli  an  acf ,  with  levying  war ;  but  I 
still  it  was  necessary  in  the  investigation  of 
that  question,  since  it  is  not  that  open  rebelli- 
ous war  which  every  man  must  give  the  same 
name  to,  which  nobody  could  explain  away 
by  evidence,  but  it  being  an  ambiguous  thing, 
a  sort  of  constructive  levying  of  war,  the  in- 
tention of  his  mind  becomes  the  subject  of 
consideration.  I  will  read  to  your  lordships 
the  very  words  and  syllables  stated  by  lord 
Mansfield  upon  that  occasion. — ^The  question 
he  puts  to  the  jury  is  this : — 

^  First,  whether  this  multitude  did  assem- 
ble and  commit  acts  of  violence,  with  intent 
to  terrify  and  compel  the  legislature  to  repeal 
the  act  called  sir  George  Savile's?  if  upon 
this  point  your  opinion  should  be  in  the  ne- 
^tivc,  that  makes  an  end  of  the  whole,  and 
ttie  prisoner  ought  to  be  acquitted:  but  if 
your  opinion  should  be,  that  the  intent  of  this 
multitude,  and  the  violence  they  committed, 
was  to  force  a  repeal,  there  arises  a  second 
point,  whether  the  prisoner  at  the  bar  incited, 
encouraged,  promoted,  or  assisted  ,in  rais- 
ing this  insurrection,  and  the  terror  they 
carried  with  them,  with  the  intent  of  forcing 
a  repeal  of  this  law ; — If  upon  this  point  your 
opinion  (s[>eaking  to  the  jury),  should  lie  in 
the  negative,  that  makes  an  end  of  the  whole, 
and  the  prisoner  must  be  acquitted:  but  if 
you  think  it  was  the  intention  of  the  multi- 
tude, and  the  violence  they  committed  was  to 
force  a  repeal,  the  second  question  arises  whe- 
ther the  prisoner  incited,  promoted,  or  as- 
sisted in  raising  this  insurrection,  with  the 
intent,— not  with  the  incitement  to  make  a 
riot,  and  break  my  windows,  or  pull  down  any 
man's  house,  which  might  have  been  felony 
under  the  riot  act,  if  not  dispersed,  or  might 
have  been  a  misdemeanor  according  to  the 
nature  of  the  violence  committed. — but  whe- 
ther, to  give  it  the  substance  of  the  ca§|p,  it 
was  done  with  the  intent  of  forcing  a  repeal 
of  this  law  ?  upon  these  points,  to  which  you, 
gentlemen,  will  call  your  attention,  depends 
the  fate  of  this  trial." 

Then  the  first  is  a  preliminaiy  one,  without 
which,  says  my  lord  Mansfield,  my  lord 
George  Gordon  must  be  acauitted ;  but  if  you 
are  of  opinion  that  the  multitude  did  commit 
the  violence,  which  no  man  is  disposed  much 
to  forget, — whether  lord  George  Gordon  in- 
cited them  to  it  ?  No — but  whether  he  incited 
them  with  that  mind  which  constituted  the 
crime  ? 

Now  I  will  read  all  the  questions  that  he 
permitted  to  be  asked  upon  that  trial.— The 
trial  was  conducted  by  men  of  the  most  ac- 
knowledged learning,  ono,  indeed,  whose 
learning,  acutencss,  und  knowledge  of  the 
common  law  of  England  is  almost  proverbial, 
the  late  Mr.  Wallace :  the  other  gentleman, 
Mr.  Mansfield,  had  long  practised  in  the 
courts  of  common  law,  and  tliey  were  by  no 
means  disposed  to  give  up  any  thinjg;  they 
would  have  been  disgraced  if  they  haoT  There 
18  an  opposite  duty  in  every  trbl;  there  is  a 


duty  in  those  concerned  for  the  crown^  to  sup- 
I  port  the  proper  evidence  for  the  crown ;  and :» 
I  similar  duty  also  upon  the  counsel  for  the 
prisoner,  and  he  is  as  much  criminal  who  re- 
laxes the  one  as  he  who  relaxes  the  other, 
though  when  it  is  in  favour  of  a  criminal  it 
would  not  strike  the  mind  so  much ; — but  I 
think  that  a  crown  lawyer  has  a  right  to  in- 
sist upon  every  fair  evidence  coming  before  a 
jury,  and  to  exclude  every  thing  which  may 
improperly  operate. 

The  counsel  for  lord  Georsc  Gordon  were 
the  present  lord  Kenvon,  loru  chief  justice  of 
the  KingVbench,  and  myself,  who  have  now 
the  honour  to  speak  to  the  Court ;  and  I  was 

Permitted  to  ask  the  reverend  Erasmus  Mid- 
leton*  (the  first  witness,  and  therefore  his 
examination  fell  tome  as  junior  in  the  cause), 
these  questions ; — I  should  tell  vour  loro- 
ships,  to  make  it  more  intelligible,  that  the 
creat  object  was,  to  see  what  intention  lord 
George  Gordon  had,  which  could  be  collected 
only  from  what  passed  before ;— "  Did  you, 
at  any  of  these  numerous  meetings  of  this 
Protestant  Association,  which  you  attended 
from  the  time  brd  George  Gordon  became 
president  of  that  society,''  (which  was  twir 
years  before)  «  till  the  S9Ui  of  Blay;  did  you 
ever  hear  lord  George  Gordon,  in  his  public 
speeches  in  that  association,  oudEe  use  of  any 
expressions^  which  showed  any  disloyal,  or 
onconstitutional  intentions  in  him  f^— *<  Not 
in  the  least ;  the  very  reverse  in  my  opinion,'^ 
— ^Now  compare  this  with  the  question  I  am 
going  to  ask;  a  cunning  artful  man  might 
stana  up  in  a  Protestant  Association,  and 
hold  forth  great  professions  when  he  meant 
the  contrary ;  but  no  man  who  reposes  confi- 
dence in  the  bosom  of  a  friend,  building  him- 
self upon  the  honour  and  honesty  of  bislriend, 
when  he  tells  him  what  his  object  is,  will  de- 
ceive him. Good  God !  if  I  were  to  ask 

people,  did  not  Mr.  Hardy,  in  the  Correspon- 
ding Society,  sa^  that  the  duke  of  Richmond's 
plan  was  his  object  ?  he  might  say  it  there 
for  the  purpose  of  its  aflerwaras  being  given  in 
evidence  tnat  he  had  publicly  avowed  that ;  if 
that  may  be  asked,  now  is  it  possible  to  op- 
pose the  other?— The  examination  goes  on, 
"  Did  all  his  speeches,  delivered  as  president, 
meet  with  your  approbation;  and  aid  it  ap- 
pear to  vou  that  his  views  were  the  same  as 
those  of  the  whole  associated  body  r— "  Quite 
so."— *<  Did  you  ever  hear  lord  George  Gordon 
make  use  of  any  exoressions  as  if  he  meant  to 
repeal  this  bill  by  force  of  arms?"--*'  Not  in 
the  least."—"  Were  the  meetings  open?**  and 
so  on.f 

Lord  Kenyon  then  examined  the  present 
earl  of  Mansfield,  at  that  time  viscount  Stor- 
mont,  of  every  thing  said  by  lord  George 
Gordon,  at  St.  Jameses,  when  he  came  to  ask 
an  audience  of  the  king,  and  tendered  hisser- 

*  See  Mr.  Middlcton's  examination,  anU^ 
Vol.21,  p.  562. 

I 


1071]       35  GEORGE  III. 


Trial  (f  Thomoi  Hardif 


[1072 


vices  to  suppress  the  riots.— If e  called  after- 
wards sir  Philip  Jennings  ('Icrkc,  lord  Lons- 
dale,  and  many  other  witnesses,  to  conversa- 
tions with  lord  George  Gordon  both  before 
and  aAer,  and  to  every  part  of  his  conduct  and 
deportment  upon  that  occasion.-— It  certainly 
was  not  debated,  I  think  it  the  stronger  for 
that,  because  when  a  cause  of  that  immense 
magnitude  is  tried,  where  the  whole  capital 
was  threatened  with  ruin,  and  when,  as  it  has 
been  said  by  the  eloquent  person  we  have 
heard  of  so  much  in  the  course  of  this  trial 
—that  this  town,  and  the  whole  country 
were  in  the  utmost  peril,!  cannot  suppose  that 
those  who  represented  government,  were  dis- 
posed to  treat  lord  George  Gordon  with  more 
lenity  than  the  rules  of  law  entitled  him  to ; 
yet  neither  Mr.  Mansfield,  nor  Mr.  Wallace, 
the  attorney  and  solicitor-general,  objected  to 
that  evidence ; — I  say  nothing  of  myself,  I 
was  then  a  very  young  man  in  the  profession, 
but  the  present  chief  justice  of  England,  who 
conducted  that  cause  on  the  part  of  lord 
George  Gordon  was,  and  is,  as  we  all  know,  a 
man  of  great  learning,  he  put  those  questions 
without  the  smallest  objection  falling  from 
lord  Mansfield,  or  Mr.  Justice  Bullcr  who  now 
hears  me,  or  any  other  person. 

The  next  case  I  shall  state  is  that  of  my 
lord  Russell,*  who  was  indicted  }br compass- 
ing the  king's  death,  and  the  overt  act  was 
consulting  to  raise  rebellion,  and  to  seize  the 
khig's  guards.  In  his  defence  he  called  many 
persons  of  quality  to  speak  to  his  affection  to- 
wards the  government,  and  his  detestation  of 
risings  against  it ;  I  will  pause  here  a  minute, 
— why  a  man  might  have  a  great  deal  of  af- 
fection to  the  government  in  the  year  1780, 
and  might  change  upon  the  subject,  but  yet 
the  criminal  law  of  England  looks  out  indus- 
triously to  see  how  it  can  interpose  in  favour 
of  liberty  and  life,  not  trying  how  it  can  shut 
out  the  light,  but  how  it  can  let  it  shine 
in ;  even  that  question,  which  I  do  not 
think  one  of  the  strictest,  was  suffered  to  be 
let  in,  because  Dr.  Burnet  had  had  a  long  ac- 
quaintance with  lord  Russell,  and  lord  Russell 
might  not  have  conceived  the  purposes  of  re- 
bellion till  a  short  time  before ;  but  I  shall 
ask,  as  to  the  lime  when  they  say  this  man's 
mind  was  full  of  this  conspiracy,  so  horrible 
in  its  nature^  what  were  the  sentiments  which 
he  was  pouring  into  the  bosom  of  his  friend, 
as  the  ooject  of  all  these  societies. 

"  Doctor  Burnet,"  (says  lord  Russell)  "  if 
you  please  to  give  some  account  of  my  con- 
versation ?"  Doctor  Burnet  says, "  I  have  had 
the  honor  to  be  known  to  my  "lord  Russell  se- 
veral years,  and  he  hath  declared  himself  with 
much  confidence  to  me,  and  he  always,  upon 
all  occasions,  expressed  himself  against  all 
risings."  Now  this  ia  not  character,  to  say 
that  lord  Russell  was  a  quiet,  peaceable  man ; 
no,  this  is  evidence  of  conversation,  my  lord 


Russell  declared  so ;  therefore  it  is  not  that 
vou  are  to  raise  a  probability  upon  the  subject 
by  the  general  nature  of  a  man's  character,  or 
what  you  think  of  him ;  but  it  shall  be  allow- 
ed to  witnesses  to  say  what  the  person  ti^ng 
has  es^pressed,  because  it  raises  an  intrinsic 
improbability  of  his  being  guilty  of  the  crime 
imputejl  to  him ;  doctor  Burnet  says,  **  be 
always  expressed  himself  against  all  risings; 
and  when  he  spoke  of  some  people  that  would 
provoke  to  it,  he  expressed  himself  so  deter- 
mined against  that  matter,  I  think  no  man 
could  do  more."* — Does  his  saying  this,  ac- 
quit lord  Russell  of  this  rising;  you  heard  him 
say  he  was  against  all  such  risings"  as  are  now 
the  subject  of  in(]uiry  before  you?*' — "  I  heard 
him  speak  with  indignation  upon  the  subject^ 
— From''  thence  the  jury  might  infer  vaUat 
quantum  valere  potest — I  do  not  say  it  b  to 
conclude  any  thing ;  I  do  not  say  that  that 
sort  of  evidence  is  at  once  to  put  an  end  to 
any  cause,  no  man  can  be  so  foolish  as  to 
fancy  that,  but  as  far  as  it  goes  what  is  to  be- 
come of  it  after  that  evidence  is  heard,  it  is 
not  for  me  but  for  your  lordship  and  the  jury 
to  decide ;  the  jury  ultimately,  but  we  shall  all 
be  happy  to  hear  your  lordship's  observation 
upon  It ;  but  the  question  is  when  it  shall  be 
heard,  what  impression  it  will  make  upon 
both. 

Doctor  Cox  was  then  asked  the  same  Ques- 
tions by  lord  Russell,  and  he  says,  "  I  nave 
heard  him  nrofess,  solemnly,  he  thought  it 
would  ruin  tne  best  cause  in  the  world  to  take 
any  of  these  irregular  ways  for  the  preserving 
of  It."  f — Your  lordships  will  give  me  leave  to 
pause  again  here. — ^I'his  is  not  even  a  declara- 
tion of  lord  Russell,  indicative  of  his  gcncrdl 
ideas,  but  upon  the  very  point  of  trial;  that 
he,  doctor  Cox,  had  heard  the  prisoner  ex- 
press his  indignation  and  contempt  for  pro- 
ceedings like  those  imputed  to  him.— As  I^o 
along,  let  me  bring  back  to  your  lordships 
consideration  what  it  is  I  want  to  ask,  and  I 
have  a  much  more  recent  authority,  the  au- 
thority of  one  of  your  lordships,  since  the 
cause  began ; — What,  shall  a  nun  not  be  al- 
lowed to  explain  his  own  meaning?  If  a  wit- 
ness had  said,  the  defendant  held  a  conversa- 
tion for  the  purpose  of  overturning  the  go- 
vernment, still  I  should  have  thought  I  had  a 
right  to  examine  the  evidence,  where  a  man's 
expression  goes  directly  in  the  teeth  of  what 
he  has  written ;  but  where,  as  your  lordship 
has  expressed  upon  another  occasion,  where 
upon  the  surface  a  thing  appears  to  be  legal, 
that  the  crime  consists  in  the  veil  and  covering 
of  a  wicked  and  detestable  purpose,  that  it  is  a 
matter  of  fact  merely — a  matter  of  the  most 
serious  investigation,  that  your  lordship  will 
take  it  as  a  matter  that  no  man,  in  common 
life,  between  man  and  man,  would  throw  upon 
his  neighbour,  but  upon  the  most  clear  and 
satisfactory  proof;  it  is  upon  this  ground  tbai 


*  Seethe  case  of  lord  Russell,  ant^,  VoV  9, 
p.  577. 


V 


1075] 


fir  High  Treanon. 


A.  a  1794- 


[1074 


we  bave  a  right  to  mse  up  in  the  minds  of 
ihc  Court  an  intrinsic  evidcncef  to  opemte  sls 
character  docs,  tor  how  is  it  that  character  is 
admitted  against  a  t'act^^I  have  heard  a 
judge  sa^  here,  if  a  fact  is  proved  h^  ten  wit- 
nesses distinctly,  it  b  not  possible  to  suppo<*c 
that  ten  witnesses  are  perjured,  who  swear 
that  I  have  stole  a  horse  ;  my  character  might 
enate  compassion  with  a  jury,  but  could  not 
do  more^  because  there  is  much  more  proba- 
bility that  a  man  who  has  hitherto  mainttined 
a  good  character  should  steal  a  huri«,  than 
that  ten  men  should  combine  to  de^truy 
an  innocent  man  when  there  is  no  reason  to 
impute  the  crime  to  them;  but  when  it  re- 
mains matter  of  doubt^  whenever  the  question 
la.  What  you  have  done  ?  and  ttie  consequent 
question  b  the  quality  of  the  act,  and  when 
your  Jordahips  are  to  ffx  the  qviality  upon  it, 
aud  to  consider,  not  whether  it  be  the  act,  but 
whether  it  be  the  intention— suppose  the  jury 
ebould  find  that  he  had  summoned  a  conven- 
tion to  do  thut  which  I  know  he  did  not,  yet 
they  must  farther  find  that  he  did  it  in  the 
language  of  the  recAird,  in  t):ie  farther  fut&l- 
meut  of  his  detestable  pitrnose, 

Mr.  Luton  Gore,  and  doctor  FitxwiUiams 
were  ei^amined  lo  the  ►^ame  point;*  this  trial 
was  before  lord  chief  jiisticc  Peinbcrton  ;  air 
Bobert  Sawyer,  wl;o6e  name  I  have  had  occa- 
aion  to  menti^^m  (who  was  nut  a  gentleman 
fond  of  making  very  great  conces^iunss^  I  do 
liot  mean  to  say  he  ought,  he  was  a  most 
rigid  roan),  was  attorney-geneml,  the  cele- 
Matad  Mr.  Finch  was  solicitor- general,  and 
utKni  that  trial  your  lordship  sees  all  tluBse 
4)itestions  are  put  without  any  objection. 

The  n«Kl  case  is  that  of  Thomas  HofcweUf 
who  was  a  dissenting  minit-tcr;  he  was  in- 
dicted for  preaching  a  treasonable  sermon ; 
i»esid«s  giving  evidence  directly  denying 
the  charge,  he  called  several  of  hts  con- 
agation  to  prove  that  he  generally  kept 
I  30th  of  .lanuary  as  a  fust,  and  frequently 
died  in  favour  of  kingly  govern iiienl* 
'  only  consiider  tlie  difference  of  tbetie  two 
I ;  there  the  preaching  the  sermon  was 
proved-— 1  have  looked  at  the  trial,  because  I 
law  this  nuestion  brewing  some  days  since, 
and  therefore  prepared  myself  for  it"*Ilosc- 
well  was  charged  with  the  publication  of  a 
libel  in  preaching  this  sermon  ;— ef  a  libel^ 
for  we  all  know  that  words  cannot  amount  to 
III'  I.  but  thry  may  be  so  indecent  as 

%^  IS  and  lUJtty  he  of  a  treasonable 

Aurr,  .r  .  .mJiul:,  rii  Uu- -uI'Iitt  Then  what 
Uhf  .  vi.J.  ii:  •:  ALSiiii  ,'.  iih  ilrirfidant?  It 
tliul  A.  Ij.  C.  U.  iieiird  Isim  say  the 
^wofdai  wliat  is  his  answer  to  that  ?  not  ut  alt 
what  mine  is»  he  wanted  to  raivc  up  before 
tlM  court  and^ury,  a  probability  ihut  the  wtt- 
"liw^f©  either  perjured  or  mistaken^  be- 
r  of  the  improttabiUty  that  a  man,  who 
ke|»t  regularly  the  fust  ol  the  dOth  ot  January, 

^  See  it  awl^,  Vol.  m,  p,  ur, 
f  S€cVoL9,p,§U. 


and  who  preached  regularly  in  favour  of  the 
Icitigly  government,  should  upon  any  one  \ 
given  occasion,  such  as  imputed,  bave  con* 
tradictcd  the  general  habits  of  ins  life,  anctj 
libelled  that  government  which  he  was  accui 
tomed  to  support ; — but  that  is  not  my  viei 
in  calliog  Mr.  Stuart,  fur  my  learned  frienda] 
have  fixed  no  such  object  upon  my  client ;] 
he  has  railed  a  convention  they  say,  and  the 
say  farther  that  he  did  it  for  a  purpose,  whic 
I  deny,  and  in  fulfilment  of  another  puruos 
which  I  deny. — Am  I  not  from  these  author) 
ties  to  be  allowed  to  produce  the  same  sort  of 
evidence  in  support  of  this  poor  shoe -makers 
which  the  greate^st  men  of  iIjc  country  havaJ 
ever  had  an  opportunity  of  doing  without  th^J 
smallest  doubt  ?  Mr.  llosewell  &ay$,  **  Did^ 
you  ever  hear  that  I  should  say  any  thing  dl 
of  the  king  or  jroverument?"  Mr.  Stron*, 
'*  No  never.*'*  iMr.  Rosewell  asks  Atkinson, 
another  witness,  "  That  which  I  call  you  now 
for,  sir,  h  to  testify  what  you  heard  upon  thai 
3Qth  of  January  ffoin  me,  about  praying  forj 
the  king  and  all  that  are  in  authority  V  Al- 
j  kinson,  **  my  lord,  he  kept  that  day,  the  301h| 
I  of  January,  as  a  day  of  fasting  and  prayer,  an  ' 

he  preached  from  that  text  on  the  1st  TimotliYj 
I  a,  1.    "  Pray  for  kings  and  all  in  auihorily/*| 
j  That  was  not  the  sermon  for  which  he  wai| 
indicted  ;  but  in  order  to  show  that  it  wa 
not  probable  he  should  have  preached  such  i 
'  sermon  as  he  was  charged  with,  he  showal 
that  at  a  recent  lime  he  nad  preached  diffe-1 
rently ;— and  certainly  it  is  fair  evidence ;  aJ 
man  is  not  a  republican  on  Monday,  a  m<M 
\  narchy  man  on  Tuesday,  and  a  republican] 
aeain  on  Wednesday,  his  sentiments  do  aoij 
change  in  a  moment. 
I      Mr.  Atkinson  proceeds  in  his  evidence  and 
'  says,  "  and  then  he  did  assert  that  kingly  go^X 
!  vernment  was  most  agreeable  to  the  word  ofl 
I  God,  and  the  constitution  of  the  government  1 
i>f  England."t    My  lords  it  is  material  thati 
you  should  know  who  tried  this  cause,  lorAJ 
chief  justice  J  cileries  tried  this  cause,  and  it  1 
is  slated  that  he  received  the  evidence;  anJ f 
j  Hume,  the  historian,  remarked,  such  was  the  ' 
^  effect  that  had,  that  the  jury  of  course  con;.  ] 
vjcted  him,  as  they  would  every  body  else;! 
that  the  chief  justice  did  not  even  sum  up  tlie  J 
evidence,  but  contented  himself  with  railingl 
against  conventicles.  [ 

The  next  is  Henry  Cornish's  case;  m   11 
James  3nd,  1686,  and  when  were  thesecasesf  1 
at  tho  very  worst  times  in  this  cnuntry,  when 
fudges  were,  what  none  of  your  lord  '  i, 

in  the  nature  of  things,  be,  men  t 

upon  the  crown.  Henry  Cornish  v.*,  .... 
ed  for  compassing  the  king's  death;— Ilia  j 
overt  act  was  conspiring  with  lord  Hussellj 
and  the  duke  of  Monmouth  to  levy  war ; — ha  j 
called  several  witnesses  to  testify  his  loyalty,] 
ttud  though  the  witnes^s  were  discourageit^l 

c^^,  afi^.N^V^^^^^^- 


\  Sae  \ 

«t4,tn. 

3   /. 


I07S]        S3  GEORGE  ill. 

they  were  permillcd  to  swear  lliat  they 
tiiuughi  him  Ic^yal,  aJid  that  he  often  drank 
the  fting*N  heahii."  Lord  chid  jii^licc  Jones 
[wiis  the  judge  \*ho  tried  ihe  cause,  sir  Robert 
lawyer  was  sldl  atlorney-gcneraJ,  and  Mr. 
.I'lnch  solicilor-gcner^ii. 

John  Ahhton  was  indirted,  in  2  VVilliam 
and  Mary^  for  a  conipiracy  to  dclhroiic  kir>g 
William,  and  compass  his  deiitli ;  tlie  coun^^el 
fur  the  crown,  in  the  opcninj;,  charg«;d  the 
prisoner  with  an  intention  to  introduce 
popery ;  in  answer  lo  which  he  givesi  evidence, 
vhich  is  to  be  found  in  the  i?tale  TriaUf  of 
,  his  zeal  fur  the  Protestant  religion^and  aver- 
ftion  to  Popery. 

The  crown  say,  thai  Mr.  Hardy  conspired 
to  call  this  couveotion»  which  wai>  to  be  aij- 
'8cmhletl  of  delegates  troni  some  societies,  of 
,  one  of  whiih  he  wa^j  secretary;  which  con* 
\enlion  wab  to  le  assembled  for  the  dclce.  table 
.purpose  of  subverting  the  government,  de- 
posmg  the  king,  and  procuring  his  death; 
therefore  I  want  to  prove  what  was  at  that 
time  the  state  of  this  man*s  mind;  what  it 
was  that  he  was  constantly  considering,  erro- 
neously, or  otlierwjse ;  and  upon  this  case  it 
J*  not  necessary  for  me  to  juj-tify  what  the 
illustrious  person,  who  is  here  present,  has 

fmlilibhtd;  whether  it  W4.S  wise,  discreet,  and 
egal  in   the*  duke  of  Hiclmiond   to  publish 
^th4t,  1  have  tiothuiii  to  do  with;    and  if  my 
|, client   were  charged    wilfi    publishing    that 
which  is  put  into  the  hiiuds  of  ilic  witness^ 
^aftcr  what  has  been  ruled  in  the  RingVbench 
r.l  should  nut  have  oOered  it,  because  your 
[Jord'^hips  would  have  said  thalthc  publication 
jo\  this  as  a  libel,  which  conslitulis  that  crime, 
would  not  be  protected  by  the  duke  of  Uich- 
inond   having   pubhshed   the  same    libel  at 
.another  time;  or  wilh  your  mlention  being 
only  to  pul>lish  that  which  the  duke  had  set 
you  the  example  to  publish.-* But  when  the 
-question  is  what  the  mtention  of  the  mind  of 
^  jthe  i>iau  was?  and  wht:n  you  have  seen  the 
duke's  plan, — I  do  not  choose  lo  affront  a 
Dobic  and  lionuuruble  person,  the  pleasure  of 
■whose  acqtiaintance  I   have  long  had, ^ the 
'  duke  would  have  thought,  and  I  shordd  have 
'  thoughtt  I  had  affronted  him,  if  I  had  asked, 
did  you,  when  you   wrote  this  letter,  mean 
thrrcby  to  dejKjse  the  king,  ajid  lo  put  him  to 
death?     He  had  nu  such  nUention,  he  could 
have  none,  U\h  own  interest  is  deeply  involved 
in  the  saf<-1y  of  the  slute,  be  is  hiniHclf  of  the 
tianu;  nuble  blood  with  the  family  now  npur» 
the  itifont\    Then  1  wij»h  to  know  if  [  may 
I  not  be  allowed,  upon  ttic  authorities  I  have: 
CJled,  to  a>k  the  witness  this  f^ucstion  f 

My  lord,  in  the  cuse  1  la^t  slated,  doctor 

Fitxwilhant*',   one  of  the  witoes**cs  examined 

,  lipou  this  point>  says,  *'  he,  (that  is  the  dc- 

jfcndrtul)  \v\^  alwiiyi  taken  occasion,  that  I 

i  kiiu^  4nie»,  botii  atSt.  Jumes's  and  at 


Trial  of  Tftomas  tlarcii/ 


llOTS 


I  Edinburgh,  to  testify  his  sa  a  ^perys" 

— The  very  charge  tipon  the  ...  buing  to 
testore  king  James  and  bring  m  Toper^. 
The  man's  roiud  is  pruposcd  ta  be.  u^ud  is 
consented  by  judges  to  be  decyf  '  -if 

quantum  raic-ft  pot^itfhy  Uh  uaH'  .lo- 

tions of  his  detestation  of  those  prmci* 
which  the  charge  supposes  hira  to  have  ^ 
tcrtaineth  This  trial  w?is  before  that  raoiF 
excellent  jmlge  lord  chief  justice  Holt,  and 
was  conducted  on  the  part  of  the  crowo  by 
Serjeants  Thompson  and  Trcmain^ 

The  liol  is  the  case  of  sir  John  Frcindgf 
whose  trial  you  have  beard  of  in  the  course  of 
the  cause,  who  was  indicted  for  contpssiog 
the  death  of  kmg  Wilham,  and  promotiDgiii 
invasion  and  rebellion  within  the  realm ;  and 
in  his  defence  he  calletl  many  witn esses,  doI 
to  his  character,  for  I  take  it  that  the  meaning 
of  witnesses  to  character  is  this,— for  iuAtance, 
put  the  case  of  a  man  who  is  charged  w;ih  a 
crime  of  any  particular  description,  »upp«^iiet 
man  charged  with  an  unnatural  crime,  would 
Jt  be  any  evidence  at  all  to  tlmt  man^s  dia> 
racter  that  he  paid  his  bills  recularlr,  and 
that  he  was  not  a  dishonest  n 
thing  of  that  sort  ?  No,  your  ex 
character  mmt  always  be  aniil-  t 

nature  of  the  charge,  and  you  wi 
quire,  whether  he  was  a  man  of  .,.„_.,  ,  yi 
would  inmurc  intu  his  regard  for  women^itilo 
his  morals,  and  into  his  convers;auin,  s*j  as  it 
might  rebuff  any  such  horrible  in  Mc 

idea  having  passed  in  his  mind,  li  i«  & 

man  capable,  in  the  ordinary  course  of  hu 
life,  of  entertaining  such  opimoita^  aad  mak- 
ing use  of  such  expressions ;— so  if  a  man  is 
indicted  for  any  otner  oiTence,  if  ;4  man  is  ia* 
dieted  for  a  robbery,  I  say  I  will  sliow  ^>xiu  Uiit 
he  was  not  a  ncce*Jsitous  maw,  thai  he  pof* 
sessed  a  large  fortune  at  tliat  time,  that  be 
was  a  man  whose  ideas  were  moral  ami  to- 
tally contrary  to  an>  such  prat  ticc,  ilmt  is  the 
nature  of  character;  but  lam  not  even  ask* 
ing  tliat,  I  liave  been  allowed  to  ask  alncadj, 
and  was  not  obstnictcd  in  it»  a^  to  Mr.  Hardy's 
character  for  peace  and  qnictnr>^,  bur  f  am 
not  asking  that ;  but  in  the  -d, 

that  general  character  was  |  nir 

*  tu  be  evidenced  by  that  whitiiU  At 

*  produce,**  out  of  the  fulness  of  t  i  lie 
mouth               '    *'  it  does  not  ?•.  ik 

{  out  ol   ^  of  thft  heart  •>  ia 

private  u  f  vm  nues,  but  whethn  u  ti(>*  >  of 
not  1  am  not  mquirmg  mto,— The  jury  mij 
thiuk  after  I  have  pvvi\  Uie  cviib—  i^.^^  || 
proves  nothing,  oj  little  belter  \\  :: 

I  hoor  ll'u'V  will  n*  I  tliiiik  \u.  \n  i      .   _.  _  L'jW 

CO  heard,  m« 

wJi-  • 

111  sir  Jui.i  !'! 

witn<*ss — '•  '■  ..i* 

p;i.              '     iny  iii'U'L;  Ik-<'ii 


•  s.  r  i  urrii,^h'i  case  in  this  CoUcctioo,  Vol , 
f  See  Ashioo*d  case,  ant^  Vol,  1 


irt      ^       tH't 


I 


^0T7] 


for  High  Treason. 


A.  D,  17£)4. 


[um 


\)in  moment   I    shouUl    turn   almiit    lo    Mr 

tusirt  ;inil  f*ay»  when  you  have  l>c<?ii  speaking 

onrameai  with  JMr.  Uarily,  wlmt  has  ht 

Jo^i^onc^    If  my  Incnd  choo!»es  lo  dose 

|f4@bHlP  here,  I  witl  rhiine'e  mv  c}Uf^tiun  to 

with  Mr. 
11  merit  of 

II    ririF  ni(^    \'^ii;u     ri;r-     i  u:    ^im,    nl"    done? 

^iiays  he,  whenever  I  umtJc  use  of  any 
fini:  words  nyon  llie  suhject,  he  wits  used 
U*  s^y  forbear,  Tiie  prisoner  aaks  "  VViiat 
have  you  hckir<j  mc  speuk  of  Ihe  French,  anrl 
about  any  Ittin^  ot'aii  invasion  f  how  1  would 
ven litre  iny  hfe  for  the  Prt>tcstanl  religion  or 
any  thing  of  that?"* — A  pretty  liandsome 
leading  quc^^tion  too,  hut   I  he  minds  of  men 


bat  any  thing  liJve  cbaraclcr?     Suppose  At  '  familiar  ease,  vvhieh  we  hear  of  Hlmnst  every 
'     '      '*  .      .    .      *-       day^  ill  ilJir^truUorj  of  the  principle  of  con- 

structivc  levyniiL;  war ; — he  was  a  budge 
wsilermari  to  f]ueen  Anne;  he  was  tried  for 
puHmg  down  a  mecling  house,  and  whicli 
Mr,  Juilice  Fo&ler  says,  "  wu.^  hcJd  to  be  a 
constructive  levying  of  wjir/*  und  which  wa^ 
not  put  as  an  overt  ucl  of  compassing  llic 
king's  death.  This  ih  a  very  particular  case, 
here  is  a  man  l^iken  in  the  fict  of  pulling 
down  a  meetiui^  hou.sc,  CJood  God  I  I  care 
not  fur  Uh  uiieclion— if  a  man  is  taken  in 
pulling  down  a  meeting  houbc,  the  law  says 
ne  is  guilty  of  high  trea-son,  fur  he  ahsolulidy 
does  an  acl  which^  in  cons  true  I  iun  ol  law,  is  a 
levying  war  against  the  king.  A  man  may 
say  I   did   not   intend  to   levy  war:   a   man 


arc  soothed  and  s4^iflcncd  as  they  ought  to  he,  |  comes  with  a  humhed  men,  and    in  caught 


when  a  man,  after  the  whole  weight  andarli) 
lery  of  llie  crown's  evidence  has  come  ao;ainst 
him,  is  standhiE  up  in  the  leeblenes?*  ot  inno- 
c  •  -    *  '      '       'rfbnce, 

il  will  not^  he  cannot, 
tli;.,„,  .»,,,.  ,^.,,,;  i  .i.ive  said  in  Ihe  course  of 
the  cause,  that  I  mean  to  iii«.innatc  any  ihing 
disrespect Tul  to  him,  but  only  that  this  priso- 
ner may  have  full  measure,  and  no  I  more 
tlian  the  full  measure ;  I  think  he  has  just  as 
iiltle  riffhl  to  have  anv  moif*,  sis  you  have  to 
refuse  him  that  whicli  he  has.  Mr,  Lupton 
«iys^  **  I  have  often  heard  you  say,  as  to  the 
preMni  ^vernment,  thai  though  you  could 
Dot  comply  with  it,  you  would  live  peaceably  I 
tiodcr  It ;  when  we  have  been  talking  of 
thr  •' — -^  yyu  said  you  never  would  be"  in  a 
f-  •-'  try  that, — when  I    have  been  ( 

c^i..v.-.ij^  with  Mr.  Hardy,  he  said  he  went  I 
upon  Uic  duke  of  Richmond's  plan,  hut  he 
nev*'r  wnultl  be  concerned  in  any  plot  against 
111  ;ient»  ne%'er  do  any  thing  that  was  | 

ft  I  y,  but  meant  to  hmit  hi»  intention 

to  any  exertions  lo  any  given  thing  ttie  wit*  | 
oess  will  AMy,  atwl  which  I  certainly  shall  not 
put  into  Ins  mouth. 

The  nt'xt  case  is  in  8  Wtlliiitn  :3i^,  Peter 
Cook*»  case,  who  was  indicted  for  the  same 
treason  of  which  sir  John  Fretnd  was  con- 
Bted,  and  the  prisoner  in  hia  defence  goes 
ictly  to  the  same  kind  of  evidence  adduced 
on  the  former  trial.  Mr.  Serjciinl  U^rncll, 
tio  was  counsel  for  the  prisoner,  says, 
•*  What  have  you  heard  the  prisoner  say 
about  our  fleet  or  army  f'*  What  Um  that  to 
do  with  his  character  ?  it  was  to  ncf2;ative  the 
proliabtlity  of  his  wtshing  lo  bring  to  destruc- 
tion our  army  and  navy,  and  to  bring  JU  a 
fbrrign  princr  who  had  been  exf celled  lVon> 
tblH  country  *br  not  recollecting  what  rights 
Hdongetl  to  the  people  of  thi^  country ;  he 
it»y»»  **  t  have  heard  him  very  much  wbh 
pc  lid  success  to  our  fleet, "f 

!  i>lhe  case  of  DammareCit  ^^^ 

Vol.  13.  p  41. 
\  :.,vc  Peter  Cook's  case  in  ihts  Collection, 

t  StiL.  it  in  lhi«  ColkcliuOt  Voh  15,  p.  551. 


pulling  down  my  hou^,  and  says  I  did  nut 
loiend  to  hurt  you;  — here  is  an  ambiguous 
I  thing,  a  thin^  which  if  it  be  said  not  to  be 
legat,  is  totally  difterent  from  the  cliarge  in 
the  iydictmeni;   and  the  office  of  my  ]earne<l 
I  friend,  who  objects  lo  n»y  (question,   is  to  turn 
I  il  round  and  to  put  a  dillercnt  construction ; 
j  to  put  the  worst  construction,   instead  of  the 
best  constniclion,   upon  this  man*s  conduct, 
and  1  am  seeking  to  prove  that  probability, 
by  the  same  rules  of  evidence  ever  adoptcaj 
not  in  a  case  like  this,  where  the  inleution 
constitutes  the  crime ;  where  it  is  votuntai  pr 
JttctOt  but  in   cases,  even  where  it  hfuetun 
pro  VidunlaU  ;  I  say  when  men  assemble  in 
great   numbers  lo   pull    down    ail    mcclina 
houses;— for  though  it  would  be  difficult  j_ 
the  lime  'of  Edward  3rd,  Co  say  that  tliat  was4 
what  our  ancestors   meant  by  levying  war^l 
putting  that  aside,  not  to  get  inlo  interlocutory  J 
debatesi  in  the  middle  ol  an  argutiicnt,   I  sayl 
this  is  a  peculiar  and  anoni'dous  case,  thai  itM 
parallel  is  not  to  be  found   ihruughout  ihej 
whole  circle  of  the  law,  and  for    tliis  wis 
reason,  that  his  mi^csty*s  life  is  so  dear,   his  j 
majesty's  life  is  so  interwoven  with  the  wholel 
principle  of  the  state;  hiii  life,  as  chief  magis*^ 
trale,   being  that  which   if  destroyed  might  J 
bring  on  a  convulsion  in  the  country,  whicK'J 
cunvufsion  mieht  deprive   us  of  all  that  is^ 
dear  to  us  ihcTaw  wisely  makes  the  intention 
lo  destroy  Uic  kiug  a*  guilty  as  Ihe  accom- 
plishment, but  then  the  intention  is  not  arjy 
I  thin^  that  you  can  argue  mto  inlenhun,   but 
must  be  deduced  from  aco,  which  the  jury 
must  believe  lo  have  llowcd  from  i»is  mind. 
a4)d  to  have  been  the  eflect  of  that  wicked  tj 
and  detesl;ible  purpose; — why  then,  surely' 
when   that  is  the  case,  I  have  a  riglU  to  aslc 
whether  ihe  prinoncr  meant  to   pursue    tho* 
duke  of  Richmond's  ]dan?  and  leaving  to  your 
lordship  and  the  jury  lo  infer  what  I  thought 


it  won' '  '         ' 

lit  to  ask,  whether. 

m  m- 

illu!)tr 

Ian  of  a  person  of 
'  1  with  a  grr:il  number 

of  n 

1  1 

ilL^ ,.    J., 

lis   ^ome  3 cap!  ago,  ho 

''  '  f'M«'-  »■■ ^ud  by  thif 

thiscniwe. 

1079]        35  GEORGE  III. 


Trial  of  Thoma$  Hardy 


[f080 


Upon  the  examination  of  John  Michaelmas, 
IjSIr.  Whitaker,  the  counsel  for  Dammaree 
&ked/*  was  he  disaffected  to  the  queen  ami  go- 
lf eminent?"  he  says,  "  I  beheve  no  man  belter 
|ltfiecLetJ«'^  **  At  ttoy  times  when  there  have 
cen  public  rejoicings  for  any  victories,  bow 
Has  he  behaved  himself?"*  Now  the  first 
P question  is  as  to  character,  as  aifecled  or  dis- 
liflfccteil,  collecting  it  generally;  but  the  second 
lis  to  what  has  he  said,  how  has  he  behaved  at 
riiraes  of  public  rejoicings;  when  you  have 
iconversed  with  hun^  how  has  he  declared 
J  himself ;  I  hat  is  not  a  question  to  character. 
[The  dift'ereoce  between  evidence  to  charticler, 
I  luid  this  sitecies  of  evidence,  is  this— as  to 
1  character  what  character  has  this  person,  and 
rve  have  been  vcr^'  properly  restrained  ;  I  con- 
I  fcs8  I  have  been  irregular  once  or  twice,  and 
[  90  has  my  friend,  Mr.  Gibbs,  and  your  lord- 
£Bbip  has  told  us  of  it  in  a  very  iodutgent  man- 
f»^,  for  putt  in  jT  quesliuns  to  character  in  a 
ent  way  from  what  the  practice  is.  You 
Dt,  when  d!»kmg  lo  character,  ask  what 
J  A-  B.C.  told  you  abuul  this  man's  charac- 
l  t€r,  nil,  but  what  is  the  geueral  opinitai  con- 
fcerning  him.  Character  is  the  ^low-spreading 
L  inHuence  of  opinion,  aris'mg  from  tlje  deport- 
k  iJient  of  a  man  in  ^ciety ;  as  a  man's  deport- 
[  ment,  ^uod  or  bad,  necessarily  produces  one 
I  circle  wuhout  another,  and  so  extends  itself 
(till  it  unites  in  one  general  opinion;  that 
I  general  opmion  is  allowed  lo  be  given  in  evi- 
I  oencc.  Bui  this  case  is  totally  foreign  to  that, 
[as  it  is  a  declaration  of  the  prisoner  to  an  hi- 
k  dividual  witness  upon  a  narticular  occasion, 
I  and  connected  with  the  subject^undcr  exami- 
nation. 

i  shall  not  trouble  vour  lordship  with  many 
;  more  caaes^  for  if  these  are  not  sufBcient, 
,  none  can  be. 

The  next  is  the  case  of  Francis  Francia, 
who  was  indicted  for  high  treason,  in  rorres* 
ponding  wUh  the  pretender.  In  his  defence, 
Mr,  liungerford  says  to  a  witness^  "  what  do 
you  know  of  the  prisoner's  behaviour  ?'*^ — '*  It 
'  iwas  a  great  surprise  lo  me  when  I  lieard  that 
^  he  was  taken  up,  for  he  used  olien  to  drink  a 
health  lo  king  George  -'f 

In  Fit2harris's  ca.si?,  he  asks  a  witness 
whether  h^  thinks  the  act  with  which  be  is 
charged,  w;is  done  with  a  treasonable  inl<?n- 
tion^ — that  is  not  objected  to^  though  Jetfo- 
rics  conducted  that  cause. 

Then  supposing  these  authorities  to  b^  out 
of  the  question,  and  aupposins;  that  tliese 
which  I  have  troubled  your  hardship  with  had 
not  existed^  but  that  I  was  obliged  to  do  that 
which  it  is  my  privilege  to  do,  to  stand  upon 

♦  See  Dammarec*s  case,  unU^  Vol,  13,  p, 

f  See  FrdtKia's  case  iD  this  Collection,  Vol. 

J  S#?e  FitiharriV*  rai^  in  this  Collection, 

^''  '  "  ^  >'..;,■  I    ,  '  "uon  lo  the 

t  of  John 


I 


the  principles  of  the  criminal  law  of  Engjhmd, 
which  are  full  well  known  to  your  lor£bips, 
without  being  obliged  to  look  up  to  other 
sources.  Your  lordsVips  all  of  you  havt  long 
presided  in  courts  of  justice,  and  i  am  iurt 
those  of  your  lordships  particularly,  who 
preside  in  criminal  courts  of  justicep  (laviag 
great  experience,  must  think  that  when  the 
nature  of  this  case  is  considered,  when  hi 
anomaly  is  attended  lo,  when  it  is  recolleeled 
that  altliough  the  statute  of  *i5  Edward  3rd, 
certainty  dues  not  make  the  overt  act  charged 
upon  the  record  treason,  yet  when  the  overt- 
act  is  admitted  to  be  charged  upon  the  record, 
every  thing  which  creates  a  nr-l>  ii.ritv  t..  *i,^ 
contrary,  to  negative  the  ii  be 

received,  provided  it  be  a  rau 
evidence,  provided  it  be  of  a  s< 
one  looks  round  it,  one  sees  noth  j 
justice  may  be  surprised  and  endabgefed ; 
I  should  be  extremely  sorry  to  preas  in  _ 
most  criroinal  case,  however  agitated  or  nra^ 
est  I  might  be  upon  the  subject,  for  tnj 
thing  which  had  not  been  indulged  to  uthen 
in  a  similar  course  of  proceedings.  I  wihh  as 
much  as  any  subject  of  the  country  can  wiib, 
that  the  Law  of  the  land  should  be  admitus* 
tered  fairly  and  impartially  ;  that  one  mao 
should  have  what  auother  has  tmd,  but  01 
more,  and  no  less ;  s*nd  1  couieivc  that  wl 
my  friend,  the  attorney-genera),  Ukes 
into  his  consideraiioD,  that  he  will  thmk 
cases  I  have  cited,  and  ihe  principle  do  wi 
they  are  grounded,  entitle  me  to  have 
eviacnte  admitled.  I  would  not  have  truul 
your  lordships  with  the  cases,  but  l  con^'irtered 
It  as  a  mailer  of  importance,    i  .i*rt 

concerned  the  administration  ot  i  ^> 

neral,  but  as  it  coucerns  the  case  ui   vt^ 
Bontt  before  you. 

Mt.  Gthbx.-^l  submit  lo  your  lordsl 
this  evidence  is  admissible.  My 
friend  has  exhau'^ted  all  the  law  Oial 
out  of  the  case,  and  therefore  it  will 
necessary  for  me  to  trouble  your  lordL...,. 
upon  that  part  of  the  case  ; — but  it  leeiiM  60 
me  upon  a  plain  principle  in  a  case  of  tbit 
sort,  the  declaration  of  th^  cxplato- 

ing  the  overt-act,  the  tendc '  -  •:  b  ovt rV 

act  is  the  point  ftir  the  juiy  Li  dcterouoi^ 
must  be  admissible  evidence, 

Y'our  lordships  will  find  »l  is  laid  dtwni  ill 
brd  Hale— I  believe  it  is  laid  down  'm 
cascs^   that   an  overt    ^^        ^rfmnt 
nature,   may  yet  be  e  be  an 

act  cfunmitted,  tendu  _  ^'"Tnii 

ceivcd  by  the  pri><  n'    '>  *' 

for  ins,r.i nri-     1  \\f  At  \  >  '. 

II  Lf^la- 

dii^  'Ti-mdL^ 

compasstDs  the   kmg  s  death,    bocauta   lb* 
intent  of  his  couuug  mio  EoglaQil  «m  tf*  i 
plained  by  words  spoken  el^ where;  s 
many  other  cases  1  take  it  Uiat  w<ffd>  i 

•  1,  Kel.  13;  Cro.  Car.  $3t;   Foat  W) 
1  Hale «  P.C  no ;  1  East'l  P.C.  Ji». 


lOSl] 


Jbf  High  TreasofL 


hy  a  m&n,  not  only  at  the  time  of  the  orert* 
act,  biit  briore  that  Ume,  atf  adnii^siblef  for 
therft  i«  no  linntitioD  of  time  withiD  which 
vr  '  t  n  by  a  prisoner  may  not  be  given 

ij  to  e'cphiin  the  nature  of  an  overt- 

act,  I  ;i;iri;t:L!  to  be  an  oA'crt-act  in  the  prosecu- 
tion of  his  desiga  of  compassing  the  king's 
death. 

Now  ifthe  crown  may  give  evidence  of  the 
whole  yf  a  nmu's  life,  for  the  purpose  of  ex- 
fiiaiuing  a.  nt  act»  and  giving  it  a 

eriminjil  <xni  ,  surely  it  follows,  upon 

the  principle  %*(  jaliuinbtering  equal  justiGe, 
that  whatever  he  hn^  said  upon  the  same 
bject,  terKhng  to  prove  a  different  intention, 
I  innocent  intention,  it  should  be  competent 
to  him  to  give  in  evidence.  I  take  the  di^ 
tinction  to  be  tliis — if  that  which  is  charged 
upon  a  man  be  an  act,  if  it  lie  a  thing  done, 
yoy  cannot  in  any  case  give  in  evirlencc  that 
the  prisoner  has  denied  that  he  did  the  thing. 
The  crown  in  that  case  may  give  evidence, 
that  tlic  prisoner  did  at  any" time  admit  that 
he  committed  the  act,  that  he  did  the  thing, 
the  prisoner  cannot  answer  that,  by  showing 
that  at  anoUier  time  he  said  he  hadnot  done 
it,  tho\igh  you  may  ask  whether  he  hud  not 
held  soitie  other  conversation  which  explained 
the  tendency  of  that.  We  have  it  not  in 
f|itestioii  now,  whether  he  did  commit  Uie 
ert-act  stated  in  the  indictment,  but  whether 
cummitlitig  Itic  act«  he  had,  or  not,  the 

igmal  de^i  g  n 

Lord  Chief  Justice  E^r^, — Here  the  design 
h  part  of  the  overt-act ;  it  is  described  as  part 
of  the  overt  act. 

Mr.  Oitha. — ^The  design  is  a  part  of  the 
t-«ct  in  this  wav — the  overt-act  of  com- 
rmz  the  king's  death,  is  his  consenting  to 
calling  together  a  convention  for  the  pur- 
of  deposmg  the  king ;  it  states  first  the 
on  ;  the  treason  laid  is  that  he  compassed 
the  king's  death,  and  then  the  overt-act  is 
laid  thus— -tliat  he,  with  others,  for  the  pur- 
pose of  accompUihtng  the  treason,  did  conspire 
Krrth  others  to  call  this  convention,  in  order 
that  this  convention  might  depose  the  king. 

TIte  distinction  tliat  1  was  takinn;  is  this— 
I  know  that  we  have  belnr**  iK*-  i..ry  both  the 
"liut  and  the  design  a^  t< '  the  king ; 

,niely,  tlie  tiict  of  const  i  _  i  lold  a  con- 
*  in,  and  the  design  wita  which  it  was 
Died  to  be  held  ;  but  we  are  now  al)OUt 
to  abow  what  the  design  was,  to  cxru!j»;itc  the 
ffisouer  from  any  criminal  intention.  I  admit 
we  could  not  ^t>  miu  evidence  of  what  the 
priMoncr  ha/1  buuI  ^t  any  time  of  his  life,  for 
the  p  ^ing  be  had  not  con^cntM 

lo  I '*  un,  because  that  is  a  fat  t  * 

but  *ft»ai  deference   li^t   you? 

lofd^  <\eT  m  nhow  thai  ihut  con* 

.t*4 •    '»    *       »'     1'^  I  '      '     t  with 

6mp  I  wiih 


ftil  Iha^ which  tit«  priaoncr  at  any  part  ot  hia 


A.  D.  179*.  tI0S2 

life  ii&s  declared  touching  this  fact ;  and  not 
only  that,  but  into  evidence  of  what  any  mem- 
ber in  the  London  Corresponding  Society,  any 
memberof  the  Constitutional  Society,  or  any 
member  of  any  societies  corresponding  with 
those  societies  have  said.  As  the  crown  is 
permitted  to  go  into  evidence  of  what  any 
one  of  those  people  have  said,  in  order  to 
prove  that  the  ultimate  design  was  lo  depose 
th^  king,  we  only  ask  in  answer  to  that,  that 
we  may  he  permllled  to  go  into  decbralions 
of  the  prisoner  of  that  which  can  be  only 
found  in  his  own  mind  ;  not  that  he  did  not 
do  the  act  imputed  to  him,  but  that  the  design 
with  which  he  did  that  act,  was  different  front 
that  which  the  crown  imputes. 

I  was  §oing  to  put  a  ca^  which  I  had 
forgot  in  the  course  of  the  argument,  which 
appears  to  me  not  unlike  this,  and  whicK 
was  su^ested  by  your  lordship's  saying  that 
the  desigfv  of  depoang  the  king  is  n  part  of 
th.e  overt  act— the  case  of  murder;  suppose 
it  plrtinly  proved  that  the  prisoner  did  kill  the 
deceased,  and  the  question  is  whether  it 
is  murder  or  manslaughter,  that  will  turn 
upon  the  intent.  I  take  it  in  that  case  it  ts 
the  constant,  uniform  practice  to  receive  evi- 
dence of  the  declarations  o£  the  prisoner  of 
his  £Ood-will  and  friendship  to  the  deceaseds 
— Now,  why  are  these  declarations  received ; 
I  am  sure  I  have  heard,  in  innumeruble  in- 
stances, evidence  gif  en  of  declarations  of  pri* 
soners  of  good-wul  to  the  deceased,  wheu 
thev  hafve  admitted  they  gave  the  fatal  blow, 
and  when  the  question  is,  what  is  the  ouahty 
of  the  act  committed,  whether  murcier  or 
manslaughter ;  and  the  rule,  1  take  it,  is  not 
confined  to  declarations  immediately  upon 
committing  the  act,  but  lo  declarations  at 
former  times.  Why  are  these  dcclaraliotw 
received  ;  the  act  of  giving  the  blow  is  ad» 
milted.  So  here  the  calling  a  convention  is 
adouttedj  the  declarations  are  received  for  this 
purpose,  to  show  what  the  mind  of  the  man 
was,  what  his  intent  must  have  been,  whether 
he  gave  tlie  blow  with  a  view  to  prothice  death 
or  not.  Then  with  what  view  do  we  offer 
IhiH  evidence?  to  show  his  design,  whether  it 
was  the  design  the  attorney  general  imputes, 
or  an  innocent  one.  We  oner  this  evidence 
ill  order  to  show  that  the  object  of  thi's  con- 
vention WHS  different  from  that  which  the  at- 
torney general  states  in  ihe  same  way  as  the 
evidence  of  good -will  to  the  deceased  is  ad* 
nutted,  iu  a  caf^e  where  the  (}iie*<tion  is,  whe- 
ther the  crime  is  murder  or  manhbughter. 

Mr.  Attornty  General  — I  rise  in  the  firit 
pl«'  r  lo  stale  to  your  lordnhips  the  objection 
whirh  I  Imve  to  the  question  that  was  ad- 
dressed bv  my  learned  friend  to  the  witneaft* 
1  haped  that  this  objection  had  followed  ao 
imr— ''•-''•  upon  a  conduct  that  I  am  per- 
aii  ved,  on  my  part,  no  wish  to  shut 

!t'nce  that  appeared  to  me  to  be 
I  iiat  my  learned  friend  wouW  sin- 
,,  i  _     -  iven  me  ctfsdv^  *&\afe  tucjp^  %\»3^«^ 


Uft 


i 


35  GEORGE  IlL 


Trial  of  Thamat  Hardy 


lOBS] 

Imblic  [irinciplc.  I  heg  to  say  a^n,  what  I 
lave  had  occasion  to  say  before  m  the  course 
of  this  trial,  that  it  belong  to  every  man  in 
a  court  of  justice,  as  it  aocs  to  every  man 
elsewhere,  to  be  liable  to  error;  it  is  not, 
Ihcreforc,  with  any  confidence  that  1  must  be 
right,  in  the  objection  which  I  l;ike,  that  I 
presume  to  trouble  your  lordships  with  this 
objection,  but  it  is  in  consequence  of  an  opi- 
nion that  I  am  right ;  ami  if  that  he  my  se- 
rious opinion,  recol  lee  ting  that  I  !*tand  here 
&s  probecutor  tor  the  public,  I  am  not  at  li- 
berty, whatever  my  incJination  mi^hi  be,  to 
sacrifice  what  appears  to  my  own  mind  to  be 
a  great  firinciplc  in  judicature,  adopted  and 
acted  upon  for  Uie  benefit  of  the  public,  and, 
'therefore,  for  the  benefit  of  every  individual 
who  torms  a  part  of  it. 

When  m^  learned  friend  stated  that  he 
had  seen  this  objection  brewing  for  some 
days,  he  will  allow  me  to  state  to  him 
what  I  do  state  upon  my  personal  ho- 
oour,  if  it  be  necessary'  for  me  to  pledge 
that  to  him,  that  so  tar  from  brew^ini;  this  od* 
jeclion,  I  do  slate,  that  I  do  nul  look  forward 
enough  into  cases  to  anlicipate  such  objec- 
tions, for  I  protest  I  had  not  foreseen  that 
Buch  evidence  as  this  would  be  offered,  and 
had  not  LH>n5idcred  it»  But  the  learned  and 
able  manner  in  which  uty  friend  has  rea- 
soned upon  it,  I  think  ot  itself  is  some  de- 
gree of  testmiony  in  support  of  what  I  am 
now  saving,  that  it  is  an  objection  which,  at 
Jeast,  had  colour  enough  in  it  to  invite  the 
tniuds  of  two  able  counsel  to  apply  their  abi- 
lities to  repel  the  objection,  ii  it  should  be 
taken. 

Having  stated  thus  much — what  your  lord- 
ship has  heard  with  respect  to  tlie  case  of 
Bolt,  and  an  expression  which  has  fallen 
from  my  learned  friend  in  discussing  this  ob- 
jection I  hope  will  prevent  its  appearing  to 
those  to  whom  1  am  now  addressing  myself, 
improper  to  make  this  observation  upon  it. 
When  a  motion  was  made  for  a  new  trial> 
because  Mn  Jufstic*  VViison  was  supposed  to 
have  rejected  evidence  which  he  oucht  to 
have  adnulte<l,  rwy  learned  friend,  in  the  dis- 
charge of  the  duty  which  he  owed  to  his 
client,  contended  as  strongly  that  that  evi- 
dence was  admissible,  as  he  ha^  done  this 
day  that  this  evidence  is  admissible ;  and  I  ! 
ani  perfectly  persuo'3ed  that  if  any  man  had  j  has  been  evidence  given  of  tht 


[I0S4, 


own  life,  and  affecting  every  iotcreft  Ihtt  ( 
be  dear  to  him,  \  wish  my  learned   friea 
would  at  once  either  decline  talking  of 
diftercnce   between  a  poor  shoe-n    '  1 

men  of  higher  rank,  or  that  he 
the  facts  opon  which  he  thinks  it  lu   iv  ij«-.^1 
that  sort  of  langu&se.     My  lord,  we  liv»  tn 
a  countr)'  in  which  the  providence  of  the  law,  , 
like  the  providence  oi  God,  is  over  us  al^ 
high  and  low,  rich  and  poor;    and   speakin^ 
for  myself,  I  desire  to  be  disgraced  from  Ihi 
moment,  if  in  the  course  of  this  trials  I  cithc 
have  conducted  myself,  or  can  conduct  rny*  ' 
in  such  a  manner  as  not  to  do  that  justice 
this  prisoner  which  the  law  means  should  I 
done  to  him.    I  think  I  should  be  worthy  « 
thai  death,  and  ten  such  deaths  as  the  pri 
ftoner  must  suffer,  provided  be  is  found  guiltjf 
ujKtn  this  trial. 
..   _        Havin?  said  thus  much,  I  proceed  to  stiti 
him  I  to  your  lordships  that  undoubtedly  1 
I  that  the  questions  witli  respect  to  the 
I  of  evidence,  and  the  admissibility  of  cfid 
are  perfectly  distinct  i-*for  instance^  jf  in  I 
case  of  any  person  you  find  hiro  at  a  tare. 
s peaking  respectfully  of  the  hereditary  no^ 
bility  of  the  country,  and  of  his  majesty,  ^df 
the  situation  and  cbaracter  which  he  holds  m 
this  country ;    and    you  find,  on  the  olhe 
hand,  papers  in  which  he  holds  :• 
different  language  upon  other  occa^ 
fact  whether  he  held  that  convr-     ' 
tavern  or  not,  may  or  not  bec\ 
ing  to  the  circumstances  uudi..    v,..,^..  ,„^; 
conversation  is  held. 

In  the  case  now  before  the  Court,  your  lord* 
ships  will  recollect  that  it  has  been*  given  in 
evidence  that  Mr.  Tookc  (one  of  the  person* 
whose  name  occurs  in  this  indictment)  at  Ibis 
Crown  and  Anchor,  upon  the  *ind  *jf  Mtf, 
J  792,  spoke  with  great  respect  oi 
nobility  of  the  country,  and  spoK 
pect  of  the  m  aj  c  s  ty  o  f  the  king,  v 
clence?  clearly  fur  this  reason  {\\ 
ing  whether  it  would  be  evirtrri  .  li  i  r 

reason)  namely,  tlial  it  was  I  i,  jn  i  n  ti  ir  ;'m^ 
two  societies  met  in  the  cou:^c  ui  tiit^  busia^iM 
which  they  had  been  doing ;  and  it  came  oat 
also  upon  the  cross-eitaminauoa^  wbkb  Ji 
axiother  circumstance  that  will  require  to  be 
matenally  attended  to.  So  with  n>r«t  lo 
the  prisoner  at  the  bar— if,  for  '  lidie 


left  the  court  after  he  had  heard  my  friejid, 
he  would  have  gone  out  of  court  with  an  opi- 
nion, which  I  hope  my  friend  will  not  be  too 
incautiously  industrious  in  pr^tpagating,  that 
there  was  a  differcure  in  the  law  of  evidence, 
as  it  affected  a  newspaper  printer  at  Newark, 
and  as  it  affected  other  person**  whose  paper 
he  proposed  should  be  received  m  evidence. 
My  lord,  I  say  inrinti'^n^K  il.>  ii — hh)  I  thmk 
it  my  duly  to  ^  in  the 

une  of  atrial  »he  per- 

1  who  now  stands  at  tiu^  bar,  and  not  only 
Bcting  his  life,  but  affecting  the  interest 
bicij  vvcry  inau  in  thia  cauiitry  has  in  his 


that  the  Ian 
to  be  such 
permit ;  —  that 


)lU  he  was  to 
I'  as  pntdttiee 


Kapers_ 
olj  was 
would   permit;  — that   ii 
ii^hich  were  not  commuun 
and  one  private  leller,  in  wim  u  .\  j 
is  stfited,  that  monarchy  is  to  bv  . 
bytheroot=     ♦>■♦•"  *>"inswer  to  i 
stated  to  I  ^   that   con"^     -   •;   n 

with  him  :ih ;  —do  nut  i.il     0     X 

monarchy — do  nut  laJk  abctTU  L  i  niry 
— let  your  lans'ii;^'-^  br*  cor*!i  i  Xu  u:.*- 
versal  suffrage   i :  tits,  and 

alt   ll*e  tea  of  allow;  1 

say  lbef«  on^  U  a  ^ikmX  uuuibeiHQf  tliae 


4083] 


Jbr  High  Tnaton. 


A.  D.  1794- 


[I08G 


tioi 
^  -ncr 


uiU8tanrc9  given  in  evidence,  but  then 

n  ^vi^I  follow,  whether  the  decla- 
ji;iii  held  is  given  under  auch  cir- 
u... -iK-v..  iU  such  time,  and  in  the  course 
of  u  conversation  vfhich  m^kes  that  declara- 
tion evidence. 

Now  with  resjiecl  to  lord  George  Gordon*s 
ca*e,  if  I  recollect  rijghlly,  the  principle 
upon  whirh  the  tlcclarutionn  were  received  in 
evidence  was;  this— that  in  that  case  the  de* 
elaiationb  were  really  a  fact,  for  whatever 
declaration  accompanies  the  transaction, 
whatever  declaratjou  is  a  part  of  the  transac* 
lion  that  is  done,  is  pari  of  the  fact  that  is 
r^ing^  and  upon  that  ground  the  declarations 
l^re  admitted ;  it  does  not  weaken  the  ob. 
nervation  at  all,  that  evidence  was  given  in 
that  case,  that  lord  George  Gordon  went  to 
acme  magistrate,  or  some  other  person^ 
whilst  the  mob  was  over-ruling  the  civil 
power  of  the  country,  for  any  conversation 
that  wus  held  b^  lord  George  Gordon  during 
the  existence  ot  these  riots,  and  with  refer- 
ence to  them,  he  being  a  purt^v  in  them,  was 
a  deelaraiion  made  at  the  time,  and  upon  all 
tlxe  principles  of  evidence,  was,  therefore, 
connected  with  the  transaction^ 

With  respect  f  ^'  staled  last  by  my 

learned  friend — <  ^  case,  I  take  that 

to  be  as  dislinc.uL^.i.n-jt;  \,oii\  the  preseiilevt* 
dtncc  upon  the  same  principle,  the  object 
vras  to  prove  the  view  with  which  the  man 
came  into  Kn gland ;  he  declared  that  he  would 
conic  into  England  to  kill  the  kiu!^;  ho  did 
ccnic  JTito  England.  Your  lordship  knows  that 
bismakinflr  the  declaration,  though  it  would  be 
punishable  in  another  wav^  yet  ^lill  would  not 
DC  high  treason,  if  he  had  not  conic  into  Eug- 
Lind ;  and,  upon  the  whole  ol  tlie  evidence, 
the  coming  into  England  made  a  pari  of  the 
traiKaction  with  llie  declaration  he  had  miidc, 
it  was  an  overt  act  oi  high  treason,  hccatise 
4t  was  then  understood  to  he  a  fact  done  with 
llie  intention  which  the  indictment  imputed, 
learned  friend  has  said  respecting 
irs  sermon,  that  no  sermon  can  be 
a^»on,  I  will  not  argu<:t  that,  hut  I  sub- 
tt  \%  \ery  dangerous  to  slate  that  no  ser* 

can  be  high  treason. 

r.  Enkine, —  I  ^aid  no  sermon  could  be 
h  treuMin,  without  being  in  pursuance  of 

inic  plan. 

Mr,  Jttorne^  General.  —  It  is  matter  of 
good  fortune  tlten  that  I  have  stated  it  No 
man  in  the  world  will  suppose  that  I  mean 
«ny  tfrr  '  T!i,,in  what  1  am  now  saying  ; 
«^U  *t  II  m  the  course  of  what  coun- 

fclar<:  ov  ..i,,^,  U»it  ihey  nmy  conceive  thtni- 
icjvcs  to  SUV  what  did  not  hill  from  them. 

Mr.  Ertkttte- — I  appriil  lo  every  body  round 
ttie,  and  the  \\hnli' public  th;it  1  did, — I  ap- 
peal particiibrlv  lo  the  whole  bar. 

Mr.  Attormy  GfMfra/.^-'lhen  I  can  only 
my  for  my%el*  what  I  am  about  to  say  for 
learocd  friend,  tliat  it  hupprns  to  tnoae 
^  attention  i»  called  to  the  dlscusAion  of 

itibjoct%  that  worde  now  tnd  then  whkh 

i 


really  tall  from  gentlemen  do  not  strike  th^ 
ear  of  those  to  whom  they  are  addressed,  wli 
ought  to  hear  them ;    meaning  at  the 
inuc  to  say  distinctly  that  I    did    not   he 
them,  but  it  is  satisfaction  sufficient  to  m^l 
that    my  friend    i>enuits    they   should 
put  in. 

What  h  the  evidence  in  thei:a$e  of  Hose 
well,  and  many  others  to  which  my  frien 
has  alluded  >    In  the  6rst  place  he  has  no 
elated  with  respect  to  these  trials  who  wer^^ 
the  witnesses  that  were  allowed  to  speak  t<^^ 
these  facts ;  he  has  not  slated  whether  thes4Hl 
circumstances  were  askeil  upon  cross-examU ) 
nation ;     he    has  not   staled  whether    wit*  | 
nesses  were  called  to  general  character,  and  ' 
then  save  in  evidence  these  circumstances^  i 
iii  explanation  of  the  general  character  whicb 
they  nad  given ;  he  has  not  stated  whctherj 
the  witnesses  who  spoke  to  these  particula 
declarations    were  speaking  to  deciardtioc 
which  did  or  did  not  pass  in  the  course  of  th^l 
very  transaction  which  these  witnesses  weroy 
calfed  (0  prove. 

I  am  not  meaning  to  contend  in  this  < 
that  it  may  not  be  competent  for  my  friend 
to  state  every  word  that  Mr.    Hardy  eve 
said    in    the    Corresponding  Society — ever^ 
word  that  Mr.  Hardy  said  in  his  correspond! 
dence  with  every  other  society ;   every  word! 
that  he  ever  said  in  the  Constitutional  Sot] 
ciety ;    every  word  which  it  can  be  shown  | 
upon   the  evidence  proposeil   liad  a    direct] 
connexion,  or  which  can  ue  properly  or  fairly 
connected  with  the  transaction  now  before 

j  the  Court ;  but  what  I  object  to  is  this — t 
you   should  call  a  witness   who  was  not 
member  of  any  of  these  societies,  a  witne 
who  has  drcady  told  the  Court  that  he  did 
know  but  little  of  Mr.  Hardy,  that  he  did  no 
even  know  he  was  an  associated  member 
that  society,  any  connexion  with  which  tlw 
Friends  of  the  I'cople  hud   dibavowed,  anil 
that  you  shbukl   be   peruutted  to  ask  tha^l 
witness,  not  this  question,   whetJier  in  thQl 
course  of  any  transaction  connected  with  tli«| 
subject  now   before   the  Court,  Mr,   HardjI 
made  a  declaration  that  could  he  considcre 
as  a  part  of  that  tmnsaction,  hut  tliat  yoitj 
should  ask  that  witness  what  were  the  decli 
rations  of  Mr.  Hanly  at  any  lime,  when  hn 
may  have  seen  him  without  connexion  witf 
the  subject  which  is  the  matter  of  tiie  presco 
mdictment;  this  will  lead  a  great  way;    it  i 
not  worth  while  to  argue  upon  the  effect  of  i  ^ 
for  tfi   '      "      .  another  way  ;   hut  I  wish  mj 
Iciii  i  to  consider  a  hi  lie  it  this  evi^ 

deiH  *.  i^  ,^i  Mi  lor  a  prisoner*  it  will  [K)s«]ibl| 
le;uJ  to  let  in  evidence  against  a  prisoner, 
am  persuaded  I  do  not  "do  injuslite  when 
h^y  ttuit  there  may  be  cases,  1  will  say  i 
thmg  about  the  present  case,  because  I  oufi 
not ;  but  there  mtiy  be  cases  in  which,  if  tl 
sort  of  evtfh'ncf!  can  be  let  in  upon  principlij 
it  til  !  ma 

be f  .  U.,^    

cording  to  my  ^\«i^<;uV5aV'^uvov4A  ^\4.u\x\\lsvNk«*ju 

I 


m&eMm^  CmgnU-A  ifadl  troubte  your 
Ibf  the  purpc^se  of  fttttiiif  the  eslent 
this  principle  nuiv  co;  mod  xwsi 
CaoDot  b*Jt  (jc  aware  ham  eitri&Rielj 
tot  it  b  to  attend  to  the  maaoer  ta 
qucttaofia  of  Uiis  sort  have  Imed  |ier- 
to  pM«  tipoo  triab. — They  m  oAeii 
tiol  ■Ucfided  Uv  they  are  often  ttjouebt  un- 
important upon  purtkular  triaiSf  and  there^ 
fort  not  objected  to ;— nothing  ca<i  show  that 
in  a  more  striking  light  thadi  the  qucstioD 
^liich  Mr.  Er^kiiM:  staled  to  have  been  put  in 
Jt'ittham»'$    ca.se,    **   whether   the    witness 
thought  the  act  with  which  he  was  changed, 
wa9  done  with  a  treasonahle  intent,'* — which 
was  the  very  qtietlioQ  to  be  Itik  to  the  jury, 
J^ow  that  question  hmng  been  put  with- 
it  any  ohjection  to  it,  shows   thut  in  the 
urM  of  trials  of  thii  Dature,  thin^gs  are  fre- 
lently  passed  over  without  objection  which 
ight  to   be  objected   to,  especially  on  tiie 
of  the  crown,  to  whom  it  is  constantly 
in  all  trials  of  tiiis  nature,  that 
arc  prwsing  the  prisoner  too  far ; — that 
of  odium  being  (x»n«>tantly  attempted  to 
\e  thrown    upon  every  crown  prosecution,* 
thoK  who  are  employed  by  the  crown  are 
alwa)s  e&tremely  anxious  not  to  raibe  objec- 
tions, where  they  do  not  think  that  the  ee- 
neral  necessity  o1  public  justice  requires  that 
tliey  should  be  raised.  Now  the  objection  here 
1  believe,  is  raised  simply  upoa  the  grounds  of 
the  general  necessity  of  public  justice ;    at 
)c«flt|  as  for  niyseU,  and   with   that   view 
which  I  have  conceived  of  the  subject,  I  have 
been  m  fstr  from  objecting  to  questions  being 
put,  that  I  have  sat  silent  tdl  now  during 
almost  the  whole  of  this  trial ;    hut  it  strikes 
me  th'<it  the  rules  and  principles  of  Jaw,  and 
especially   the  law  of  evidence    in    criminal 
matters,  otight  to  be  attended  to  with  a  very 
ronHiderublc  degree  of  care  and  caution,  for 
unlcKs  thpy  are  attended  to,  it  is  impossible  to 
say  to  what  length,  upon  the  authority  of  what 
has  jiabsed  in  particular  cases  the  matter  may 
jiQi  be  carried. 

1  have  conceived  that  a  question  which 
:at  to  a  particular  fact,  not  relative  to  the 
,rge  of  the  vt ry  fact  which  was  in  Question, 
never  could  in  its  nature  be  asked  with  a  view 
to  trv  iht'  truth  of  the  particular  charge ;    ge- 
n<    ^  ictcr  may  be  given   in  evidence, 

gr  iiluct  may  be  given  in  evidence, 

cuiKUK  I  ix'jHg  in  efttrt  part  of  character,  but 
I  nevitrdid  conceive,  that  in  ajiy  case  whut- 
e? er,  if  a  man  was  trying  fur  any  act  whatever, 
tluityou  could  eive  in  evidence  any  particular 
lets  that  he  had  done  at  any  particular  tune, 
under  similar  circuoistances,  and  the  question 
which  t«  no%v  uikmptod  lo  be  put,  appears  to 
mc  to  be  ot  1  ;  if  this  question  can  be 

.      put,  why  n».  prisotier  at  the  bar,  give 

I  tn  evidence  every  letter  wjbich  he  hits  ever 
I  written  to  any  person  whatever,  upon  po* 
MifEAMf  9(/Hjccts^  in  Whivh  he  tnay  have  a^ted 


I       iiev« 


Ins  ovii  objects  m  any  way  to 
ihongbt  proper,  aad,  petlMfM,  vitli  m 
to  this  very  protecolkin; — llstnke»^aie,liati| 
this  ts  cotisidered,  the  dai^er  of  ibe 
son  of  such  evidence  is  a 
that  it  is  contrary  to  all  the 
whicb  Courts  have  pinioeeiM.' 
I      if  your  Jordshipa  adveit  in  the  cases  cilel 
I  by  Mr  ErskiDe,  axid  see  Ihc  muamr  m  whieb 
I  be  liBi  stated  them,  I  think  jour  lottblMpa 
will  find  that,  except  as  ^  as  inadlvcttcMe 
may  have  permitted   questions  ta  pun  w^ 
noticed^  Lbey  do  not  press  very  haivl  upoa  the 
'  case. 

I      With  respect  to  the  case  of  locid  Geoip 

I  Gordon,  I  have  looked  into  it ;    hanag  iGa 

,  trial  before  me,  it  does  not  appear  to  me  tbsl 

any  one  question  was  put  with  respect  to  1dm 

weirds  of  lord  George  Gordoii  at  anv  tMp 

which  did  not,  in  e^ect,  form  part  af  bis  con- 

I  duct  in  the  very  transaction  which  wis  in 

question.     Like  the  cry  of  a  mob,  Sar  m- 

,  stance,  in  pidling  down  a  bouse,  the  gexiinl 

,  cry  of  a  mob  is  given  in  evidencs  agittasi  tfat 

j  prisoner^  because  it  was  a  part  of  ibe 

I  tion  at  the  time. 

With  respect  to  the  other  cases,  I  tbialt 
will  he  found  that  the  questknis  bave  i 
been  upon  the  cross-examinattoii  of  the 
ne86,andnot  upon  anyori^r^-** 
on  the  part  of  the  prisoner  i  or  tbs 

purpose  of  showtne  by  what  ..^  d,^,  ^t  one 
time,  what  was  prouably  his  inteotiOQ  doiqg 
another  thini  at  another  time* 

Mr,  Enhine, — I  hope  you  will  not  be 
offended  at  me  tor  this  intcrrurtian  whocb 
may  amend  your  last  observe  •  >  ^  sif 

ail  of  them  taken  from  the  ^  .      ii,  and 

they  are  all  upon  original  ciamu^Uuu^ 

Mr.  SftiicUor  GencraL-^l  will  then  alltUi 
advert  to  some  of  them :  in  Cornish's  eui 
what  was  it  ?  He  called  several  witneiiea  li 
testify  ills  loyalty,  and  that  he  drank  tb* 
King's  health ;  doe6  tliat  warrant  thequestioo 
which  the  learned  counsel  was  going  to  putio 
Mr,  Stuart  with  resjjcct  ly  Mr.  HanJy*8  parti* 
ailar  object  in  a  particular  thing  ?  For  tnat  if 
the  nature  of  the  question  he  was  going  to  ptit. 
So  in  sir  John  Freind's  case,  what  are  tbt 
questions  that  were  put?  When  you  have 
been  present  in  company,  and  they  liave  baen 
speaking  upon  the  subject  of  govemaiafi% 
what  has  he  said  or  done  ?  Why  he  used  to 
say,  «*  forbear,  I  do  not  admit  of  any  sudi 
discourse  ;*'  that  is  evidence  of  hit  geoenl 
conduct  with  respect  to  the  government  of  tbt 
country,  and  with  respect  to  his  veiws  and 
intentions  as  to  that  govt  r  -r  ■  ■  •  ;  sir,  Jjup» 
ton,  I   thmk,  says,  alltj'  i  would  Hit 

comply  with  what  was  j  , .  .,,.  to  you, yet 
you  said  you  would  never  be  cikncertiea  in  any 
plot.  Now  I  think  thnt  that  expretsion 
nave  been  upon  a  cross- cxamtinliofi 
person  who  was  calle<l  to  ^ivc  pvidcrii 
plot — I  cannot  underst  •  rt 

so.    And  what  was  tlu 
Freind's  case  I  Why  the  laa  wa*y  iIulA  it 
\ 


10S9] 


for  High  Treoion* 


A.  D.  1794. 


[1090 


proved,  as  clear  as  day-light,  that  he  was  con- 
cerned in  a  plot.  And  what  a  way  this  is  of 
trying  the  guilt  of  a  person,  with  respect  to  a 
particular  fact,  hy  bringing  |>ersons  to  say, 
that  at  a  particular  time  he  said  he  would  not 
bc'concerned  in  any  such  plot  as  was  charged. 
Would  it  be  permitted  upon  a  trial  for 
murder,  for  instance,  to  give  in  evidence, 
that  the  prisoner  said  he  would  not  commit  a 
murder ;  and  yet  as  far  as  I  have  any  concep- 
tion of  this,  as  sUted  by  my  learned  friend, 
it  was  simply  that  evidence ;  and  therefore  I 
think  it  must  have  been  upon  a  cross-exami- 
nation— 

Mr.  Erskine,-^\  tell  you  it  was  not. 

Mr.  Solicitor  Genera/.— Then  I  do  not  un- 
derstand it. 

Mr.  Erskine. — I  sec  you  do  not. 

Mr.  Solicitor  General. — ^I'he  manner,  sir, 
in  which  you  liave  thought  proper  to  con- 
duct yourself  towards  me,  in  the  course  of 
tills  trial  has  been  such  as  reflects  upon  my 
character.  I  will  not  submit  to  any  man  for 
knowledge  of  law ;  I  am  not  used  to  talk  of 
mvself,  but  I  will  not  be  taught  by  you  or  any 
other  person,  propriety  of  conduct  either  in  a 
civil  or  criminal  case ;  I  believe,  I  know  my 
duty  in  both  as  well  as  you  do;  and  I 
trust  that  I  shall  discharge  it. 

My  lords,  the  next  that  was  mentioned  was 
Dammarce's  case;  what  was  the  evidence 
there  T  In  order  to  show  his  general  affec- 
tion to  eovernment,  it  was  asked,  how  has  he 
behaved  at  any  general  rejoicings  ?  Is  that 
any  thing  more  than  evidence  of  general  de- 
portment ? 

Withrcs))ect  to  lloseweU's  case,  itseemsto 
me  that  tliat  is  in  a  great  degree  general  de- 
portment, altliough  1  must  confess,  that  it 
likewise  was  a  case  in  which  I  should  think 
tliat  there  was  a  degree  of  inaccuracy  in  per- 
mitting the  question  to  be  put  exactly  as  it 
was  put ;  but  the  question  really  tended  sim- 
ply to  this,  whether  his  general  deportment 
vras  that  of  a  miiu  who  was  loyal  and  at- 
tached to  the  government  of  the  country?  and 
nothing  more. 

As  for  what  my  learned  friend  said  with 
respect  to  a  sermon  bein<ri  or  not^  treason ;  I 
think  there  was  a  sermon  which  is  mentioned 
in  the  history  of  our  country ; — I  mean  the 
sermon  preaclied  by  Dr.  Shaw,  at  St.  FauPs 
Cross,  for  the  nur[Kise  of  exciting  the  people  to 
rise  ao;ain.st  £a\^ard  the  fifth,  and  put  Richard 
the  tliird  upon  the  throne,  which  was  as  clear 
an  overt  act  of  high  treason  as  ever  was  com- 
mitted. 1  mention  this,  because  certainly  the 
words  which  my  learned  friend  has  said  he 
made  use  of,  did  escape  my  ear,  as  well  as  the 
attorney-gene ral's  ;  and,  which  shows  that 
they  did  escape  my  ear,  1  do  assure  him  that 
I  have  taken  down,  in  the  mar^n  of  my  brief, 
that  very  case  of  Dr.  Shaw,  which  I  then  re- 
collected, and  that  1  could  not  have  taken  it 
down  if  I  hud  conceived  he  had  made  use  of 
the  words  which  he  says  he  made  use  of,  and 
which  I  have  no  doubt  he  did. 

VOL.  XXIV. 


Under  these  circumstances,  from  the  neces- 
sity that  there  is  that  in  such  a  case  as  this  a 
rule  should  be  laid  down  which  can  be  pro- 

Serly  pursued — A  rule  which  men  may  un- 
erstand,  and,  calling  upon  your  lord&hips  at- 
tention that  we  objected  to  no  questions  r»> 
specting  the  prisoner's  general  conduct;  also 
declaring  that,  for  myself,  in  the  view  which  I 
have  of  the  case,  1  would  rather  have  the 
question  asked  than  not,  yet  for  the  sake  of 

Seneral  justice,  for  the  sake  of  what  is  to  be 
one  in  future  trials,  and  that  other  persons 
in  that  office,  which  my  learned  friend  near 
me  now  holds,  may  not  when  it  is  produced 
as  an  authority  against  them,  have  it  said  that 
upon  this  trial  (and  a  solemn  one  I  trust  it 
will  be)  such  and  such  tilings  were  admitted 
to  be  given  in  evidence,  and  that  therefore 
such  evidence  ought  always  to  be  given ;  for 
these  reasons  it  does  seem  to  me  important, 
that  your  lordships  should  lay  down  some  rule 
upon  the  subject. 

Mr.  Bower. — Notwithstanding  we  are  now 
not  only  in  a  criminal  case,  out  in  a  case 
which  a&'ects  the  life  of  the  prisoner  at  the 
bar,  I  make  no  apoloey  at  all  for  troubling 
vour  lordships  with  the  few  observations  I 
have  to  offer,  because  I  not  only  am  conscious 
that  neitlier  myself,  nor  any  ojie  gentleman, 
with  whom  I  am  associated  in  this  prosecu- 
tion, can  possibly  conceive  the  purpose  of 
pressing  any  evidence  against  the  prisoner 
which  we  do  not  think  is  competent  evidence, 
but  I  am  confident  that  there  does  not  exist 
a  creature,  about  whose  opinion  I  am  anxious, 
that  can  conceive  such  a  purpose  to  enter  into 
tlie  heart  of  any  of  us. 

My  lords  I  conceive  that  this  case,  capital 
as  it  IS,  is  to  be  tried  upon  the  same  principles 
of  evidence  asallotlicr  cases,  are;  and  it  is 
our  duty,  as  counsel  for  the  prosecution,  to 
resist  the  admission  of  any  evidence  which  we 
think  not  competently  legal,  as  much  as  if  we 
were  trying  a  common  action  of  assault  and 
battery,  or  as  if  a  micstion  could  arise  upon 
any  subject  that  could  possibly  be  debated  in 
a  court  of  justice,  which  imagination  could 
conceive  to  be  the  most  trifling. 

I  have  always  understood,  that  the  decla- 
rations of  parties  arc  evidence  only  cither  in 
cases  where  they  accompany  the  act  at  the 
time  that  they  arc  made,  or  \vhcre  they  have 
been  made  at  different  times,  and  under  differ- 
ent circumstances,  totally  unconnected  with 
that  fact,  which  is  the  mit;^lion  under  discus- 
sion in  tlie  Court,  in  which  cases  they  have 
always  been  received  in  the  nature  of  t;u:ts,  or 
rather  as  circumstances  by  which  tijc  general 
conduct  of  the  party  is  to  Ik;  judged  of,  as  be- 
ing circumstances,  ?nd  being  declarations 
given  upon  subjects  to  answer  no  particular 
purpose,  and  not  connected  witii  tliat  which 
IS  the  subject  matter  of  discussion  at  tlie  time 
that  the  evidence  is  given. 

Kvery  case  my  friend,  Mr.  Erskinc,  has 
cited,  in  my  opinion,  confirms  the  princij^le  L 
am  now  <<tatin^;  AwixV*  -^owxVst^^xv^ '^"^^"'^ 

4  \ 


1091]        35  GEORGE  IIL 

amine  them,  one  by  one,  you  wil)  find  that  in 
evcryca«!e,  uliir.h  ho  has  stated,  where  evi- 
dence of  til i-.  kind  has  been  received,  it  has 
been  to  >how  the  general  conduct  and  cha- 
racter of  the  prisoner,  in  circumstances  and 
upon  orra«ions  no  way  connccU-d  with  the 
crinie  of  which  he  was  then  accursed,  but  as 
circumstances  and  declarations  in  situations 
from  which  the  jury  mi<:lit  collect  the  general 
character  and  conduct  ot'thc  prisoner. 

It  is  indi^putably  true,  that  in  the  case  of 
murder,  eviJcnce  has  alwavs  been  received 
tliat  the  prisoner  has  at  other  times,  ui>on 
other  occasions,  and  in  different  circumstances 
shown  acts  of  kindness  to  the  deccuscil,  and 
expres<>ed  himrielf  kindly  towards  him,  and 
they  arc  offered  to  show  that  that  was  the  ge- 
neral disposition  of  the  prisoner  towards  the 
deceased,  from  which  the  jury  may  collect 
that  it  could  not  be  his  intention  to  commit 
the  crime  which  was  imputed  to  him  ; — but 
did  any  man  alive  ever  hear  it  a«*ked  of  a  wit- 
ness, produced  in  a  case  of  that  kind,  whether 
he  had  heard  the  prisoner  say,  that  he  had 
710  intf  ntion  to  kill  the  deceased  ;  and  that 
that  should  be  received  as  evidence,  to  explain 
the  acts  which  were  proved  against  the  pri- 
soner, upon  the  evidence  given;  and  upon 
which  thejudgmcntof  the  Court  and  jury  are 
to  be  drawn  ? 

In  Holt's  case,  which  my  learned  friend  has 
cited,  in  which  he  has  admitted  that  the  judg- 
ment of  the  Court  of  KingVbench,  went 
alons  with  the  opinion  of  a  learned,  and  most 
worthy  judge,  deceased — it  appears  that  the 
judges  ^ere  unanimous  in  thinking,  when  the 
fact  was  prov(id  that  the  libel  was"  published, 
thai  it  was  not  competent  to  the  defendant  to 
explain  his  conduct,  to  state  how,  or  in  imita- 
tion of  whom  it  was,  that  he  had  done  that 
act  which  was  then  attributed  to  him  as  a 
crime. 

In  lord  George  Gordon's  case,  the  declara- 
tions tijcrc  received,  come  under  the  other 
principle,  tiiey  were  properly  received,  because 
all  of  them  were  declarations  immediately 
preceding  or  following  the  act,  so  as  to  be  con- 
sidered as  accompanying  the  acts  of  the  mo- 
ment— they  were  received  upon  the  principle 
that  declarations  accompanymg  a  fact,  are  a 
part  of  the  fact  itself;  and  that  therefore  you 
fiuist  reccrive  them  as  circumstances  of  the 
fact ;  but  there  were  neither  received  in  evi- 
dence, nor  ottered,  the  private  declarations 
made  by  that  noble  lord,  previous  to  the  time 
when  he  entered  into  that  levying  war,  which 
constituted  the  crime  of  which  he  was  ac- 
cused. 

In  the  other  case,  which  Mr.  Erskine  has 
stated,  where  the  prisoner  was  permitted  to 
ask  what  a  person  had  heard  him  disclose  ; 
tliat  is  on  the  principle  of  going  to  the  general 
conduct— it  was  not  with  an  intent  to  show 
that  particular  act,  which  is  attributed  as  a 
crime  ill  the  prisoner,  hut  to  show  that  in  for- 
mer acts,  which  were  considered  as  a  pari  of 
Iiisgenenl  coxulucty  tbie  prisoner's  disposition 


Trial  of  Thomas  Otrdy 


ivm 


was  such  and  such  upon  certain  solqccts,  aol 
connected  immediately,  not  apologizing,  for, 
and  not  offered  as  explanatory  of  the  partiodir 
transactions  which  made  the  subject  matter  of 
the  crime,  with  which  he  was  chamd. 

In  lord  Russell's  case,  when  Dr.  Bomet 
was  asked  to  a  conversation  of  lord  RosselFs 
against  risings,  which  comes  nearer  than  any 
my  friend  has  stated,  to  the  principle  he  wants 
to  support — Is  it  stated  in  that  case,  that  any 
declaration  lord  Russell  had  made  with  respect 
to  his  intention,  as  to  the  rising  in  qoestioiiy 
or  the  facts  that  he  was  called  to  answer  to 
was  received  as  evidence — nothing  like  it— 
when  a  man  is  charged  with  a  particular  ri- 
sing, which  constitutes  the  particular  fact  of 
which  he  is  accused,  evidence  of  his  general 
conduct,  and  general  character,  declarations 
of  other  facts,  and  other  circumstances  are  of- 
fered to  prove — not  what  he  said  respecting 
the  fact  there — but  as  general  evidence  of  the 
conduct  and  intention  of  the  party. 

As  to  Koseweirs  case,  which  was,  that  a 
clerg}'man  who  had  taken  occasion  to  insok 
the  government,  had  at  other  times  preached 
sermons  in  favour  of  government,  that  comes 
within  both  principles  ;  the  preaching  a  dis- 
course in  favour  of  government  at  another 
time,  is  an  act  done  strongly  indicative  of  the 
intentions,  and  general  conduct  of  the  pri- 
soner, to  show  that  he  was  well  disposed  to* 
wards  government,  and  I  give  my  learned 
friend  leave,  if  he  can  in  this  instance,  to 
prove  five  hundred  acts,  to  show  that  Mr. 
Hardy  has  always  supported  government, and 
has  in  his  gcncrdl  conduct,  done  acts  as  no- 
torious as  the  preaching  of  a  sermon  in  sup- 
port of  order,  and  good  government. 

The  case  of  sir  John  Freind  was  of  the 
same  kind  ;  the  e\  idcnce  was  not  to  prove 
what  he  had  done  respecting  the  particular 
transaction,  but  to  show  that  at  different 
times,  when  there  could  be  no  design  in  view, 
the  conversation  not  respecting  the  crime  of 
which  he  was  then  accused,  sir  John  Freind 
had  been  speakinn;  of  government  in  the  way 
that  a  dutiful  subject  ought  to  do. 

In  Dammarce's  case,  the  declarations  re- 
ceived were  directly  accompanying  the  act: 
the  declarations  of  the  mob  were  received  as 
part  of  the  act,  and  upon  that  principle  only. 

The  case  last  alluded  to  was,  I  believe,  Cro- 
hagan*s  case,  in  which  was  given  in  evidence 
against  him,  his  declarations  of  coming  to 
England,  to  kill  the  king ;  and  his  coming  into 
Kngland  coupled  with  other  acts,  to  show 
what  his  intention  was ;  and  there  was  no 
declaration  to  explain  the  particular  act  of 
which  he  at  that  time  was  accused,  or  which 
was  then  the  subject  matter  of  inquiry. 

I  have  before  stated  the  case,  which  ay 
learned  friend  Mr.  Gibbs  argued  very  de- 
cenUy,  and  as  he  always  does,  verj'  ably,  as 
to  expressions  of  good  will,  that  is  a'case 
which  I  do  not  deny,  but  the  application  of 
which  I  dispute,  because  I  say  that  these  ex- 
pressions of  good  will,  arc  only  received  in 


109S] 


fit  High  Treason^ 


A.  D.  ITQ*. 


[1094 


the  way  that  I  have  hefore  slated,  namely, 
that  they  are  expressions  at  other  times,  upon 
other  occasions,  when  there  is  no  crime  im- 
puted, when  they  cannot  be  possibly  supposed 
to  have  relation  to  any  crime,  not  then  com- 
mitted, or  about  to  be  committed,  and  which 
only  shows  a  general  good  di*>position — 
which  in  an  equivocal  act  might  make  it 
doubtful,  whether  the  party  was  actuated  by 
malice  toward  the  deceased,  or  not. 

But  the  evidence  offered  in  this  case,  is  of  a 
verv  different  complexion  indecd,and  such  as  I 
really  speak  tndy  when  I  say  I  do  not  recollect 
ever  to  have  been  offered  to  a  court  of  justice. 
The  crime  charged  is,  compassing  the  king's 
death — v/e  can  give  no  evidence  of  the  manner 
of  compassing  tlie  death  of  the  king,  but  by 
the  overt  acts  which  we  have  charged,  and 
therefore  the  substance  of  the  indictment  is, 
that  you  did  this  overt  act,  from  which  this 
compassing  necessarily  arises ;  it  is  the  act  I 
admit  to  show  the  intent,  which  is  just  like 
any  other  fact,  in  any  other  case ;  it  is  just 
tlu;  sanie,  as  when  we  say  a  man  committed 
a  homicide  with  a  felonious  intent ;  the  intent 
is  a  part  of  the  crime— but  was  it  ever  asked, 
whether  he  had  said  he  committed  that 
crime,  with  a  felonious  intent?— it  is  from  the 
acts  that  he  iias  dune,  that  you  are  to  jud^ 
of  the  fact ;  and  you  cannot  suffer  him,  by  his 
declarations,  to  explain  tliat  act,  by  saying 
that  he  did  not  do  it  with  a  felonious  intent 
--I  sec  no  difference ;  the  intent  is  coupled 
with  the  act  in  both  cases,  as  in  all  it  is  no- 
tiling  mure  Ihaii  this,  that  from  the  facts  the 
intent  mubt  be  inferred— from  the  facts  here 
the  traitorous  intent  must  be  inferred.  It 
would  nut  be  competent  to  a  man  indicted  for 
murder  to  say  that  lie  did  not  do  the  homicide 
feloniously;  thut  he  did  not  intend  to  kill  the 
man — and  it  is  no  more  evidence  here  when 
certain  acts  have  been  done,  which  we  insist 
upon  necessarily  afford  a  certain  conclusion  of 
fact,  to  say  that  he  intended  to  do  any  one  act 
with  a  different  intent  from  that  which  is 
proved  by  evidence  to  be  the  intent  with 
which  he  acted.  It  ap])ears  to  me,  therefore, 
that  upon  no  principle,  and  upon  no  autho- 
rity can  the  evidence  now  offered  be  received, 
any  more  than  it  could  be  received  if  it  were 
a  declaration — 1  did  not  intend  to  commit  a 
felonious  murder,  when  I  did  the  act. 

Lord  Chief  Justice  Eyre. — Mr.  Krskine,  I 
do  not  know  whether  yon  can  be  content  to  ac- 
quiesce in  the  opinion  that  we  are  inclined  to 
form  upon  the  subject,  in  which  we  go  a  cer- 
tain way  with  you.  Nothing  is  so  clear  as 
that  all  declarations  which  a|>i>ly  to  facts,  and 
even  apply  to  the  particular  cuse  that  is 
charged,  though  the  intent  shunUl  make  a  part 
of  tliat  charge,  arc  evidence  against  a  prisoner 
and  are  nut  evidence  for  him,  because  the 
presutnption  upon  which  declarations  arc  evi- 
dence IS,  that  no  man  would  declare  any 
thing  against  himself,  unless  it  were  true  ; 
but  that  every  man,  if  he  was  in  a  difficulty, 
or  in  the  view  to  any  difficulty,  would  make 


declarations  for  himself.  Those  declarations, 
if  offered  as  evidence,  would  be  offered,  there- 
fore, upon  no  ground  which  entitled  them  to 
credit.  That  is  the  general  rule.  But  if  the 
question  be, — as  I  really  think  it  is  in  this 
case,  which  is  my  reason  now  for  interposing, 
— if  the  question  be,  what  was  the  poHtical 
speculative  opinion  which  this  man  entertained 
touching  a  reform  of  parliament,  I  believe  we 
all  think  that  opinion  may  very  well  he  learned 
and  discovered  by  the  conversations  which  he 
has  held  at  any  time,  or  in  an^  place.* 

Mr.  jErs^ine.— Just  so,  that  is  my  mieslion; 
only  that  I  mav  not  get  into  another  nebate,  [ 
beg  your  lordship  will  hear  me  a  few  words. 

Lord  Chief  Justice  Eyre — I  think  I  have 
already  anticipated  a  misapprehension  of  what 
I  am  now  stating,  by  saying  tliat  if  the  decla- 
ration was  meant  to  apply  to  a  disavowal  of 
the  particular  charge  made  against  this  man, 
that  declaration  could  not  be  received  ; — as 
for  instance,  if  he  had  said  to  some  friend  of 
his,  when  I  planned  this  convention  I  did  not 
mean  to  use  this  convention  to  destroy  the 
kins  and  his  government,  but  I  did  mean  to 
get  hy  means  of  this  convention,  the  duke  of 
Richmond's  plan  of  reform- that  would  fall 
within  the  rule  I  first  laid  down;  that  would 
be  a  declaration,  which  bein^  for  him,  he 
coidd  not  be  admitted  to  make,  though  the 
law  will  allow  a  contrary  declaration  to  have 
been  ^iven  in  evidence.  Now,  if  you  take  it 
so,  I  believe  there  is  no  difficulty. 

Mr.  Erskine, — In  the  first  place  I  cannot 
help  lamenting  that  I  have  been  throuj^hout 
this  whole  business  very  considerably  misun- 
derstood. If  I  had  no  other  reasonVor  it, — 
but  I  have  another  reason  which  I  will  show 
presently,— but  if  I  had  no  other  reason,  in  a 
place  so  very  public  as  this,  it  is  fit  that  X 
should  say  a  few  words  to  the  Court. 

I  agree  with  Mr.  Solicitor  General  that  very 
frequently  an  improper  odium  falls  upon  coun- 
sel ;  no  man  can  cast  his  eye  upon  the  Stite 
Trials  without  seeing  that  an  improper  odium 
has  fallen  upon  counsel  conducting  causes  for 
the  crown,  in  consequence  of  that  lunnanity 
which  lias  ever  been  the  characteribtic  of  the 
English  nation.  Thinking  so,  I  did  that 
which,  perhaps,  would  have  been  better  here- 
after :  1  went  out  of  my  way,  and  notwith- 
standing my  weak  state  of  health,  spoke  ajt 
some  length,  and  with  some  anxiety,  lest 
any  man  should  suppose  for  a  mument 
that  I  meant  to  make  any  such  insinuation 
against  any  of  the  gentlemen  at  the  bar — 
what  return  I  have  met  with  I  leave  to  others 

*  See  this  question  again  discussed  in  the 
Ar^iments  and  Judgment  as  to  the  admissi- 
bility of  extract!)  frum  a  letter  from  Mr.  Tooke 
to  lord  Ashburtnn,  on  the  trial  of  John  ilonie 
Tooke,  in  this  Collection  Vol.  '25,  i>.  1.  Sec 
also,  as  there  referred  to,  what  loru  Ellunbo- 
rough  said  (in  the  case  of  l^unbert  and 
Perry,  for  a  libel  *.  d.  lUlO,  i)ost\  cowcAX^'Qi% 
the  aamiauou  oC  eN'\^\A«  o^  \V^  ^"^t^* 


1095] 


35  GEORGE  III. 


Trial  of  Thomas  Hardy 


[1096 


who  have  heard  it,  to  judge,  without  making 
any  observation  upon  it,  because  it  is  not  for 
your  lordship  to  redress  it. 

With  regard  to  Mr.  Solicitor  General,  thus 
much  1  have  a  right  to  say,  and  I  am  bound 
for  myself  to  say  it,  I  think  that  any  man  who 
improperly  gives  offence  to  another,  very 
much  forgets  the  character  that  ought  to  be- 
long to  him  ;  and  if  I  had  given  any  just  of- 
fence to  Mr.  Solicitor  General,  I  should  have 
been  the  first  man  without  any  complaint 
from  him  to  have  given  him  satisfaction  for 
it ;  but  on  the  contrary,  I  have  a  right  to 
complain  of  him,  for  when  he  had  asserted 
(I  took  it  for  granted,  from  not  having  heard 
what  I  said)  that  all  the  cases  I  cited  were 
upon  cross-examination,  I  thought  it  would 
be  unmanly  in  mc  afterwards  to  take  advan- 
tage of  that  remark  in  my  reply ;  therefore,  in 
Older  to  enable  the  gentleman  to  make  such 
observation  upon  the  cases  I  cited  as  would 
belong  to  tliem,  when  he  stated  that  they 
were  upon  cross-examinations,  out  of  a  proper 
courtesy,  and  from  that  which  belonged  to  I 
the  dignity  of  the  bar,  I  told  him  that  they  ! 
were  on  original  examinations,  and  I  should  ' 
have  thought  that  would  have  satisfied  Mr.  j 
Solicitor  General  that  they  were  so ;  for  I  | 
stated  in  the  course  of  what  I  said,  that  I  had  | 
personally  collected  them,  and  that  they  were 
on  original  examinations.  After  that  Mr. 
Solicitor  General  goes  on,  and  with  great 
emphasis  says,  I  shall  still  think  that  they 
were  on  cross-examination ;  I  wrote  it  down, 
and  every  gentleman  in  court  heard  it ;  upon 
which  I  Saul  I  aver  again  that  they  were  on 
original  examination  :  "  then,"  he  said,  "  I 
do  not  underhtand  ihein ;"  to  which  I  said 
"  I  sec  you  do  not/*  Why  I  would  say  that  to 
any  man  that  ever  existed,  here,  or  any  where 
— if  a  man  tells  me  that  what  I  aver  is  not  so, 
I  would  say  to  that  man  what  I  will  not  Siiy 
lierc.     So  much  for  that. 

The  attorney-general  says  that  the  over-rul- 
inj;  Providence  of  God  superintends  alike  the 
rich  and  the  poor  in  this  coimtr^',  as  indeed 
it  does  over  the  whole  world,  and  he  seemed 
to  be  otlended,  after  1  had  read  from  the  State 
Trials,  what  had  been  allowed  in  some  illus- 
trious cases  to  noblemen,  and  some  of  the  first 
men  in  the  kingdom,  that  I  should  speak, 
feeling  as  I  must  feel,  if  I  were  not  worse 
than  any  man  whose  name  is  to  be  found  in 
the  Slate  Trial?,  feeling  something  for  the  pri- 
soner;— an  allowance  ought  to  be  made  for 
counsel  for  prisoners,  as  well  as  for  pri- 
soners themselves;  that  I  should  make  men- 
tion of  this  poor  shoe- maker  ; — but  had  1  not 
excluded  every  idea  of  offence  to  the  attornry- 
gcneral  ?  Could  he  think,  with  the  partirnlar 
kindness  with  which  I  have  gone  out  of  the 
way  to  speak  of  him  in  the  whole  of  the  cause, 
could  any  man  think  that  I  meant  to  bring 
back  again  that  odium  upon  the  counsel  for 
the  crown  which  I  had  sought  zealously  to 
take  off,  and  which  I  thought  it  my  duty  to 
do  out  nf  mapect  to  the  attont^-generalf  but 


it  furnishes  me  with  diis  observation,  which 
if  there  was,  what  I  think  there  is  not^ 
against  the  prisoner,  it  might  serve  him ;— -it 
shows  us  how  Uttle  dependence  is  to  be  had 
upon  words,  and  how  little  it  is  evidence  in 
high  treason  what  men  who  are  warm  will 
say,  because  we  who  were  thus  warm,  and 
who  might  be  imagined  to  be  really  disaffected 
to  one  another,  are  persons  who  live  in  social 
life  together,  on  terms  of  affection  and  regard; 
and,  therefore,  I  am  glad  this  happens,  be- 
cause persons  may  see  how  little  we  ought  to 
depend  upon  what  may  be  said  by  Mr.  Yorke, 
or  any  other  man,  when  found  heated  at  a 
tavern,  or  at  an  alehouse. 

This  question  refers  to  a  period  previous  to 
the  time  of  holding  the  convention,  before 
the  convention  was  thought  of,  in  order  to 
show  clearly  that  this  person's  opinion,  and 
that  his  object  in  being  a  member  of  the  Cor- 
responding S<jciety,  and  the  secretary,  was  to 
brinnr  about  the  duke  of  Uichmomrs  object, 
and  by  the  duke  of  Richmond's  means.  If 
the  Court  will  put  that  question  I  have  done. 

Lord  Chief  Justice  JSyre.  —  You  may  put  the 
question  exactly  as  you  proteose  ;  I  confess  I 
wished  by  interposing  to  avoid  all  discussion, 
because  I  consider  what  we  are  doing,  and 
whom  we  have  at  that  bar,  and  in  that 
box,  who  are  suffering  by  every  moment's  un- 
necessary delay  in  such  a  cause  as  this. 

Mr.  Erskine, — I  am  sure  the  jury  will  ex- 
cuse it ;  I  meant  to  set  myself  right  at  this 
bar :  this  is  a  very  pubhc  place. 

Mr.  Daniel  SiMarl  examined  by  Mr.  Erskine. 

Did  you  before  the  time  of  this  convention 
being  held,  which  is  imputed  to  Mr.  Hardy, 
ever  hear  from  him  what  his  objects  were— 
whether  he  has  at  all  mixed  himself  in  that 
business? — I  have  very  often  conversed  with 
him,  as  I  mentioned  before,  about  his  plan 
of  reform;  he  always  adhered  to  the  duke  of 
Richmond's  plan,  and  said  that  will  be  the  plan 
that  will  he  adopted  in  the  end ;  I  disagreed 
with  him  about  that,  and  that  occasioned  it 
more  particularly  to  be  marked  in  my  me- 
mory ;  we  disputed  about  it,  and  he  always 
obstmately  adhered  to  it,  and  stdte<l  that  to  be 
the  object  of  the  society,  and  his  whole  ob- 
ject. 

Was  this  said  in  the  confidence  of  pri^-ate 
regard,  or  in  public  company,  where  it  might 
be  said  ostentatiously  ? — 1  was  never  in  pub- 
lic company  with  him ;  he  and  another  person 
were  with  me  one  night,  and  1  have  liad  long 
and  frequent  conversations  with  him  upon  the 
subject. 

Irom  all  that  you  have  seen  of  him,  what 
is  his  character  for  sincerity  and  truth  ?— I 
have  every  reason  to  believe  him  to  be  a  very 
sincere,  simple,  honest  man. 

Mr.  Attorney  General. — If  this  had  been 

stated  at  first  to  be  the  question  meant  to  be 

asked,  I  do  not  see  what  possible  objection  I 

could  have  to  it   Mr.  Stuarty  you  have  befoie 

.  tokl  me,  that  your  society  had  ngected  aU 


10971 


Jbt  High  Trtaiim. 


A^D.  179^ 


[1098 


correspondence  with  the  Constitutional  So- 
ciety?—Yes. 

Did  you  know,  or  had  the  prisoner  ever  told 
you,  that  he  was  an  associated  member  of 
that  society  ?— I  did  not  know  it,  and  I  am 
very  sure  he  never  told  me. 

Mr.  Andrew  Stirling  sworn,  examined  by  Mr. 
Erskine, 

Are  these  the  minutes  of  the  Scotch  Bo- 
rough Convention  ? — [Showing  a  pamphlet  to 
the  witness.]--They  are. 

Robert  Ferguson*,  esq.  sworn.— Examined  by 
Mr.  Erskine. 

Were  you  a  delegate  to  this  convention  ? — 
Yes,  I  was. 

Lord  Chief  Justice  Eyre. — ^What  is  this 
about. 

Mr.  Erskine. — I  am  going  to  prove  the  first 
convention  in  Scotland,  because  your  lord- 
ship recollects  the  idea  of  a  British  Convene- 
tion  came  originally  by  proposition  from  Scot- 
land ;  it  was  not  set  on  foot  by  either  of  the 
two  societies  in  England. 

Lord  Chief  Justice  Eyre.  —  Recollecting 
what  I  do  of  the  fact,  I  cannot  concede  that 
fact  to  you. 

Mr.  Erskive. — We  conceive  that  upon  the 
evidence  it  is  so,  but  we  will  suppose  for  the 
present  tliat  it  was  not,  still  it  was  a  conven- 
tion which  was  held,  not  in  England,  but  in 
Scotland,  and  the  principal  persuns  assembled 
in  it  were  of  that  country,  though  upon  ge- 
neral invitation  delegates  were  sent  from 
England  tu  it  Now  it  becomes  material  in 
the  consideration  of  this  evidence  to  make 
this  observation — the  overt  act  charges  this 
to  be  a  convention  held  for  the  purpose  of 
subverting  the  nile,  order,  and  government 
of  the  country.  It  seems  not  to  have  been 
sufficiently  attended  to  lately  that  that  is  the 
overt  act,  for  in  the  course  of  the  debate  that 
IS  just  finished,  it  looked  as  if  it  was  assumed 
that  the  ovrrt-act  was  the  holdine  a  conven- 
tion, but  the  overt-act  is  not  for  holding  a  con- 
vention, tor  any  two  or  three  people  that  get 
together  iimy  he  a  convention ;  but  it  is  a 
convention  held  for  a  particular  purpose,  in 

Sursuance  of  aiiother  purpose,  which  the  in- 
ictment  says  was,  to  subvert  the  govern- 
ment.- that  is  the  charge.  Now  I  think  I 
have  the  authority  of  one  of  your  lordships 
since  this  trial  came  on,  for  a  proposition 
which,  indeed,  docs  not  want  sucn  high  au- 
thority to  support  it,  that  a  convention  may 
meet  for  legal  purposes.  Much  has  been  re- 
lied upon  in  tnu  course  of  the  argument  of 
phrases  being  usi'd  from  which  you  shrink 
back  at  this  lime,  as  applicable  to  France; 
the  phrases  of  Citizen — Convention — Honour- 
able mention,  and  so  on.  Now  what  I  offer 
in  evidence  is  to  show  the  jury,  as  matter  of 


«  See  the  case  of  the  Eari  of  Tbanet,  Mr. 
Fcrcuson,  and  others,  a.  o.  1799|  in  this 
Collection,  pott. 


fact  (your  lordship  regulatinc;  the  trial  ac- 
cording to  the  rules  of  Kw)  Uiat  there  were 
sitting  at  the  time,  and  had  sat  before  that 
time,  and  immediately  before  that  time,  two 
most  respectable  bodies  of  men,  one  of  them 
consisting  of  delegates  from  all  the  different 
counties  of  Scotland,  for  obtaining  a  reform  in 
the  Commons  House  of  Parliament,  and  the 
other  a  convention  of  delegates  from  boroughs 
associated  for  a  similar  purpose.  Here  again 
I  bee  it  may  be  understood,  just  as  in  the  case 
of  the  duke  of  Richmond,  that  I  am  not 
meanlnsto  argue  that^  because  a  convention 
was  held  before  that  time  by  persons  of  any 
description,  for  purposes  such  as  expressed  in 
that  book,  and  which  this  gentleman,  as  a 
member,  was  a  party  to  that,  although  these 
resolutions  should  carry  with  them  a  simila- 
rity to  some  that  have  been  complained  of  in 
this  case,  that  the  quality  of  those  that  were 
complained  of  is  at  all  altered  bv  similarity  to 
those  that  are  not ;  but  that  when  we  are  to 
decide  what  was  the  intention  of  calling  this 
meeting  a  convention,  and  to  rebut  the  pre- 
sumption that  tl^y  necessarily  must,  or  might 
be  supposed  to  have  meant  to  stand  upon  the 
footing  of  the  government  of  France,  in  calling 
their  meeting  a  convention,  and  in  having 
delegates  from  different  societies,  they  were 
pursuing  the  same  forms  which  not  only  had 
been  before  that  time  pursued,  but  in  ^t 
were  in  the  course  of  being  pursued  at  the 
same  time.  The  gentleman  now  called  having 
been  a  member  of  that  convention,  the  pro- 
ceeding of  which  assembly  I  now  propose  to 
lay  belore  the  Court,  and  that  at  that  time  it 
was  a  thing  universally  notorious  in  Scotland, 
that  there  were  associations  for  those  pur- 
poses. 

Mr.  Gibbt, — ^We  offer  tliis  as  evidence  of 
the  fact,  that  there  did  exist  meetings  in 
Scotland  which  had  the  name  of  a  conven- 
tion of  delegates,  at  the  time  Mr.  Erskine 
has  stated. 

Lord  Chief  Justice  Eyre.— Is  it  consented 
to  on  the  part  of  the  crown  P 

Mr.  Attorney  General — I  object  to  it,  and 
will  state  to  your  lordship  why  I  do  object  to 
it 

Lord  Chief  Justice  Eyre,-^!  should  be 
unwilling;  to  admit  it,  it  it  were  expressly 
consented  to,  because  it  would  lead  the  jury 
from  that  whkh  belongs  to  their  considera- 
tion,  into  a  history  witn  which  we  have  no- 
thing to  do.  The  duke  of  Kichmond*s  plan 
is  connected  with  the  evidence,  and  therefore 
it  was  proper  to  be  produced,  because  twenty 
witnesses  have  referred  to  that  plan  as  the 
very  grounds  of  their  proceeding;  but  whe- 
ther a  set  of  gentlemen  who  assembled, 
called  themselves  bv  a  particular  name,  or 
what  passed  in  Scotland,  or  what  passed  in 
Ireland ;  for  upon  the  same  principle  you  may 
go  to  that,  or  to  what  passed  all  over  the 
workl,  for  any  thing  I  know,  but  it  entirely 
tarries  us  irom  the  ^vciv^  «xA  Voisk  vb^  '^'** 


1099]        S5  GEORGE  lU. 

Mr.  Enkin€.—l  submit  to  the  judgmeiit 
of  the  Court  whenever  I  hear  it, 

Joseph    Struttf    esq.  sworn.'— Examined    by 
Mr.  Gihh, 

Where  do  you  live  f — At  Derhy. 

Are  you  a  member  of  Ibe  society  there  f — 
Yes. 

What  are  the  objects  of  that  society  ? — A 
reform  in  the  Commons  House  of  Parlia- 
menL 

Had  you  any  view  with  respect  to  the 
other  branches  of  the  kgisktiire,  eithef  to 
the  King,  or  tbe  Lords  ?^No. 

Had  you,  or  bad  any  of  the  members  of 
your  isociely,  to  your  knowledge,  any  intent 
to  bring  about  that  re  form  by  force  ?— U  dear, 
no— so  far  from  it^  tkit  our  sociely  has  never 
met  MDce  the  pcdtion  to  parliament  was  re^ 
jceled. 

Jmeph  Struii^  esq.  cross- examined    by  Mr, 
Attornty  Gcjicrnf. 

After  the  peti Lions  to  pitrliament  were  ro- 
JGcted^  your  sodetyhas  not  met?— I  think 
not  once. 

Mr.  Enkinef—l  will  state  to  your  lordship 
thai  I  also  meant  to  offer  another  piece  of 
evidence,  in  order  that  I  may  receive  the 
judgment  of  the  Court  upon  its  admissibility . 
I  sh»ll  present  to  the  Court  all  that  we  con- 
ceive it  our  duty  to  prc&cot,  leaving  li  to  your 
lordship  to  tlcclde  upon  the  admissibility, 
winch  IS  maUcr  of  law.  I  was  instructed  lo 
offer  to  your  lordship  evidcQce  of  associations 
in  the  year  1T80  for  similar  purposes,  followed 
up  by  resolutions  extremely  similar  to  many 
of  those  which  have  occupied  much  of  the 
attention  and  consideralian  of  the  Court*  I 
will  not  take  up  your  lordship's  time  with 
staling  at  length  the  principle  upon  which  I 


Trkd  of  Thomat  Hardy  [1100 

had  no  connexion,  and  to  which  they  htfe 
not  in  aoy  manner  referred ,  can  possibly  in* 
fluence  the  present  cai^e  ;  we  cannot  Mmsss^ 
into  that  transaction,  or  say  any  ttiiog  liWt 
it* 

Mr.  En^ine.-^Mr.  Sheiidmn,  ms  your  lord- 
ship very  well  ktiowsj  is  a  member  of  Uie  House 
of  Commons,  I  will  call  him  to  prove,  tliatbe 
was  about  to  bring  before  the  House  an  inquit^ 
into  any  consp imcy  that  there  might  beafWt 
tbe  government  upon  this  subject  oow  uudef 
examination ;  that  he  saw  the  prisoner  at  the 
bar,  and  had  communication  with  him  loo^ 
long  before  the  papers  in  hia  custody  irti« 
%evm^^  which  are  no%v  turned  into  CTidfaet 
against  him,  as  papecs  found  clandestio^ljm 
hts  custody  as  a  cruiitnal.  I  catL  Mr,  ^at- 
ridaii  to  provc^  if  the  fact  be  60^  that  Mr. 
Hardy  oftertd  to  come  forwrard  to  give  lU 
assistance,  to  lay  every  thing  votanlauilj^ 
fure  the  parhament  m  e stain i nation  of  lift 
matter^  winch  has  since  been  n^ade  the  ^ 
je€t  of  inquiry  in  a  court  of  criminal  juslicfc 
I  produce  this  evidence  because  it  a&b(^& 
presumption  of  his  innocence^ 

J?icAar(f   3rinddt.^  Sheridan,    esq,   swont— 
Examined  by  Mr.  MrMkim, 

Do  you  know  the  prisoner  at  the  bar?— I 
saw  the  prt!!<oiier  once,  and  but  once,  I  thibk, 
to  my  knowledge. 

When  was  that  ?^I  think  in  the  begiasm^ 
of  the  month  of  March,  1793. 

Upon  what  occasion  waa  it  that  you  »• 
him? — 1  hud  given  notice  in  the  House  of 
Commons  that  I  intended  very  shordy  to 
bring  forivard  a  motion,  the  object  of  w'hidi 
was  similar  lo  that  which  was  adopted  ifi  tbe 
lai!it  session ;  namely  to  propose  a  committee 
to  inquire  into  the  seditions  or  plots,  and  tte 
general  pruceedings   of  the    satieties  which 


1101] 


Jar  High  Treoion. 


A.  D.  179*. 


[1102 


cordingly  came  to  me.  I  took  the  precau- 
tion, not  certainly  arising  from  any  thing 
that  I  heard  of  the  character  of  Mr.  Hardy, 
to  have  two  gentlemen  present  at  the  conver- 
sation, one  of  which  was  Mr.  Stuart,  who 
was  lately  examined;  I  showed  Mr.  Hardy  a 

Sublication  which  had  been  delivered  at  the 
oors  of  the  House  of  Commons,  and  of  the 
House  of  Lords,  reporting  the  proceedings 
and  the  addresses  of  those  societies,  and 
giving  a  list  of  the  different  public  houses  at 
which  the  societies  met ;  he  went  over  that 
book  with  me,  and  complained  that  it  calum- 
niated the  society  be  oelonged  to,  and  its 
proceedings 

I/)rd  Chief  Justice  Eyre. — It  is  not  auile 
regular  to  go  into  a  general  narration,  which 
mav  introduce  a  great  deal  of  matter  which 
will  not  be  evidence ;  the  point  you  are  called 
upon  to  prove  is  that  Mr.  Hardy,  upon  your 
conversing  with  him,  offered  to  assist  you  in 
disclosing  every  thing  he  knew,  and  to  assist 
you  in  brmging  forward  the  inquiry,  because 
as  to  his  declaration  beyond  that  it  may  not 
be  evidence.— I  certainly  will  confine  myself 
to  that ; — I  should  say  that  Mr.  Hardy  ob- 
scn'cd  that  the  information  apparently  ob- 
tained by  government  was  extremely  accu- 
rate;  that  the  places  mentioned  as  their 
places  of  meetings  were  extremely  correct; 
he  afterwards  said  that  the  object  jof  the 
society  was  very  much  mis-stated,  for  that 
they  had  nothing  in  view  but  a  parliamentary 
reform  according  to  the  plan  of  the  duke  of 
Richmond. 

Lord  Chief  Justice  Eyre, — Not  what  his 
conduct  was  upon  it — ^his  opinion. 

Mr.  Erskine. — What  his  object  was  upon 
it? 

Mr.  Sheridan.^Mr,  Erskine  stated  the  in- 
tention of  calling  me  was  to  that  point ;  but 
if  I  was  misled  in  adding  something  to  it  that 
was  not  evidence,  it  was  from  the  fact  of  a 
witness  just  now  at  the  bar  having  expressly 
stated  that  circumstance  himself,  as  naving 
passed  between  him  and  Mr.  Hardy. 

Mr.  Erikine. — I  should  not  have  presumed 
to  have  asked  Mr.  Stuart  the  auestion.  What 
was  the  object  of  the  society  r  without  your 
lordship's  permission,  but  he  said  that  Mr. 
Hardy  declared  his  own  object,  and  that  of 
the  society  to  be,  a  parliamentary  reform  upon 
the  duke  of  Richmond's  plan. 

Lord  Chief  Justice  Eyre. — ^The  declaration 
of  the  object  of  the  society,  and  how  it  was 
to  be  pursued,  may  be  a  verv  different  thine. 

Mr.  Ertkine. — What  did  he  declare  the 
object  of  the  society  to  be  ? — ^I'he  whole  object 
of  the  society,  and  his  own  object  to  be, 
obtaining  by  peaceable  means,  a  parliamen- 
tary reform  upon  the  duke  of  Richmond's 
plan. 

Will  you  be  so  good  as  state  what  assist- 
ance he  offered  you  ?— He  went  through  the 
list  of  these  places,  and  upon  my  interroga- 
ting him,  certainly  not  presuming  that  he 
was  bound  to  answer  the  question,  upon 
t 


asking  hnn  the  fact,  whether  these  societies, 
having  been  dispersed,  they  continued  to 
meet  at  these  public  houses;  he  declared  they 
did  not;  that  in  consequence  of  this  publica* 
tion  of  government  these  houses  considered 
themselves  as  marked,  and  stating  that  their 
members  were  not  persons  who  spent  much 
money  at  public  houses,  that  without  much 
reluctance  the  landlords  of  those  houses  had 
refused  to  let  them  meet  at  their  houses.  I 
asked  him  if  they  still  continued  to  meet,  he 
said  distinctly  that  they  did ;  that  he  knew 
they  were  watched  by  government,  and  had 
no  objection  to  its  being  known  that  all  the 
societies  continued  to  meet  in  private  houses, 
and  he  had  no  objection,  he  said^  to  give  me 
the  list  of  the  houses  where  they  met,  for  my 
information,  and  that  I  might  read  it,  if  I 
pleased,  in  the  House  of  Commons. 

Did  he  know  at  this  time  that  you  had  in- 
tended making  a  motion  in  the  House  of 
Commons  upon  the  subject  ? — I  told  him  that 
distinctl  V ;  I  took  down  a  great  many  of  the 
private  houses  where  he  said  they  met;  I 
dare  say  I  did  not  preserve  the  paper,  but  I 
had  it  in  my  hand  when  I  moved  the  next 
day  in  the  House  of  Commons  for  a  com- 
mittee to  inquire  into  the  conduct  of  these 
societies. 

Whether  in  stating  the  pursuit  which  par- 
liament had  in  vie^,  he  offered  you  any  far- 
ther assistance  that  might  eventually  be  ne- 
cessary in  the  investigation  of  all  that  in  fact 
had  been  done? — He  offered  me  every  assist- 
ance and  information  in  his  power— he  of- 
fered me  a  sight  of  the  whole  correspondence, 
copies  of  all  nis  letters,  if  I  chose  it,  and  ex- 
pressed an  eager  wish  that  my  motion  might 
oe  successful  for  an  inquiry  into  the  conduct 
of  these  societies. 

I  observe  you  have  been  present  during 
most  of  these  proceedings ;  I  wish  to  ask 
whether  he  offered  you  a  sight  of  those 
papers  which  have  been  seized,  and  you  have 
heard  read  here  in  evidence. — He  offered  me 
a  sicht  of  the  whole  of  his  papers,  and  every 
booK  in  his  possession. 

Was  that  in  consequence  of  any  demand 
of  yours,  peremptorily  as  a  member  of  parlia- 
ment, or  a  magistrate,  or  was  it  a  voluntary 
offer  on  his  part,  considering  you  as  a  private 
member  of  parliament? — Certainly  a  volun- 
tary offer,  appearing  to  me  to  arise  from  a 
very  sincere  wish,  on  his  part,  that  an  inves- 
tigation might  be  instituted. 

Richard    Brindtley  Sheridan^   esq.  cross-ex^ 
amined  by  Mr.  Attorney  General, 

I  understand  that  this  was  in  the  begin- 
ning of  the  year  1793  ?— I  think  in  March, 
1703,  I  made  the  motion,  and  I  am  pretty 
confident  this  conversation  was  the  very 
evening  before  I  made  the  motion. 

Did  1  understand  you  right,  that  you  show- 
ed  him  some  book  ?— 1  showed  him  a  book^  ^ 
publication  supooscd  to  ^tw:it^i^i\w!i\>icv^v^«*»" 


IIOS]        S5  G£ORG£  III. 

bers  of  both  Houses,  and  which  be  complained 
▼ery  much  calumniated  the  proceedmgs  of 
these  societies. 

He  (lid  n^t  offer  to  show  you  a  book  that 
was  a  Journal  of  their  proceedings  ? — He  of- 
fered to  show  me  the  wnole  of  the  papers  and 
books  of  his  society. 

Do  you  take  upon  yourself  to  say  that  he 
offered  to  show  you  books,  .or  a  book,  ur  any 
Journal  ? — He  offered  in  general  to  give  every 
information  as  to  the  proceedings  which  he 
could  give;  he  said  he  had  no  concealment, 
that  he  wished  to  show  me  any  papers,  books, 
or  proceedings  of  the  society;  I  cannot  recol- 
lect whether  he  said  a  book  or  books,  but  I 
must  be  understood  when  I  say  he  offered  ge- 
nerally to  give  me  every  information  in  his 
power. 

I  understood  you  that  he  meant  to  give  you 
all  the  written  information  that  in  the  begin- 
ning of  the  year  1793  he  could  give;  but  I 
have  an  important  reason  for  desiring  that  he 
may  not  be  prejudiced  by  your  recollection, 
when  you  state  the  word  Juurnal  or  Book. — 
Did  he  offer  to  give  you  the  correspondence 
and  a  Journal  or  Dook  ?>-It  is  impossible  for 
nie  to  say  that  he  used  the  word  Journal,  or 
whether  he  said  Book,  or  Books ;  but  I  am 
positive  in  the  recollection  that  he  offered  to 
show  me  the  papers  of  the  Corresponding  So- 
ciety. 

No  Book  or  Journal  of  the  Corresponding 
Society  has  been  produced ;  I  wish,  therefore, 
to  know  whether  you  mean  yourself  to  say 
that  he  did  mention  the  word  Journal,  or  the 
word  Book,  because  I  wish  if  your  recollection 
is  not  accurate  to  the  word  Journal  or  Book, 
that  that  expression  may  be  dropped,  inas- 
much as  that  expression  may  give  rise  to  an 
observation? — I  have  just  distinctly  said  that 
I  am  not  positive  whether  he  said  Journal 
or  Book,  but  his  offer  was  to  show  me  all  the 
paper.s  and  other  correspondence,  and  to  con- 
ceal nothing  from  me;  how  he  made  that  offer 
I  cannot  expressly  recollect,  but  the  impres- 
sion on  my  mind  was  that  he  meant  to  with- 
hold nothing  from  me,  but  to  give  me  what- 
ever materials  were  in  his  power,  whether 
books,  journals,  or  whatever  they  might  be. 

Lord  Chief  Justice  Eyre — \ our  first  ex- 
pression, as  I  have  taken  it,  was  "  the  whole 
cor^e^pondence?"  —  The  whole  correspon- 
dence. 

Lord  Chief  Justice  Eyre. — I  do  not  know 
whether  Mr.  Sheridan  used  the  word  **  Jour- 
nal.*' 

^U,  Attorney- General. — Mr.  Sheridan  did, 
and  I  rather  doubled  whether  that  was  from 
general  recollection,  or  precise  and  accurate 
recollection. 

Mr.  Sheridan. — I  made  no  note  of  tlic  con- 
versation ;  1  cannot  be  accurate  as  to  the 
terms,  but  must  be  understood  when  I  say 
that  his  offer  was  to  put  me  in  possession  of 
all  the  papers,  and  to  give  me  every  verbal  in- 
formation. 

v-^..  fy^i  jjQ  conversation  iwith  Uiiu  about 


Trial  qfThonuu  Hardy 


[UOk 


pane's  publications?— I  do  not  think  &  syllsr. 
ble  passed  upon  that  salject. 

I  understand  you  that  he  invited  your  mo- 
tion in  the  House  of  Commons,  which  would 
have  given  authority  to  the  House  of  Com- 
mons to  bring  all  bis  papers  before  it? — ^Un- 
questionably. 

He  knew  you  were  a  member  of  parliament, 
and  invited  your  motion  upon  that  subject?-* 
I  stated  my  intended  de.<^ign  to  him,  and  that 
I  hoped  it  would  succeed. 

Are  you  a  member  of  the  Constitutional  So- 
ciety?— I  do  not  know  whether  [  am  or  not,  I 
was  an  original  member  with  the  duke  of 
Richmond ;  I  do  not  know  whether  I  have 
formally  withdrawn  my  name,  but  I  have  not 
attended  since  the  year  1783. 

Fhilip  FraneUf  esq.  sworn. — Examined  by 
Mr.  Erskine.* 

Do  you  know  the  prisoner  at  the  bar?— I 
do  not  recollect  his  person  again,  but  I  have 
seen  him  twice. 

Upon  what  occasion  was  it  that  you  saw 
himr — I  recollect  that  I  have  seen  him  twice, 
and  I  believe  that  is  all.  The  first  time  at 
bis  own  house  in  Piccadilly,  in  consequence 
of  a  letter,  or  some  information  which  he  com- 
municated to  me,  that  it  was  the  intention  of 
the  society,  of  which  he  was  the  secretaiy.  or 
to  which  he  belonged,  to  return  me  their 
thanks  for  a  speech  concerning  the  reform  cf 
parliament,  which  I  had  made  in  the  House 
I  of  Commons,  and  I  think  I  am  pretty  accun^ 
I  in  this,  that  it  was  their  desire  to  have  printed 
the  thanks  of  their  society ;  I  went  to  him 
to  tell  him  1  was  satisfied  with  their  thanks, 
and  wibhed  them  to  decline  printing ;— that 
was  the  first  occasion  of  my  seeing  him. 

When  was  that? — In  the  beginning  of  the 
year  17<J3.  On  or  beiorr  the  6th  of  May,  179S, 
he  was  sent  to  me  as  secretary  ot  that  society 
to  which  he  belongs,  to  desire  that  I  would 
present  a  petition  from  them  to  parliament 
upon  the  sul^ect  of  a  reform  in  parliament, 
and  he  desired  that  1  would  permit  him  and 
some  others,  who  were  to  act  as  delegates,  or 
who  were  deputed  from  the  society  to  me,  to 
come  to  my  house,  which  they  did-  I  desired 
to  sec  the  petition  of  course  before  I  presented 
it;  they  brought  the  petition;  he  was, I  think. 
rather  the  spokesman;  there  were  four  of 
them,  Mr.  Margaret  was  one,  and  there  were 
others  whose  names  I  do  not  believe  I  ever 
knew.  I  read  the  petition;  I  said  as  to  the 
form  of  the  petition,  it  seems  perfectly  re- 
spectful to  the  House  of  Commons,  and  tnink- 
ing  it  the  right  of  the  subject,  upon  all  occa- 

*  See,  in  the  arginnents  which  were  had 
on  Thursday,  Noveniber  the  20th,  of  this  same 
year  (in  the  case  of  John  Home  Tooke)  infri, 
concerning  the  admissibility  in  evidence  of 
extracts  from  a  letter  to  lord  Ashburton,  which 
had  been  writteq  and  published  by  the  pri- 
soner Tooke,  some  observations  lespecting  thr 
.  scope  of  thu  ezaounation* 


1105] 


far  H^  Trfismu 


maoBf  to  prtUioi:  the  House  of  Comtnon^  or 
•nyolhcrbrn— '  '^'-  i..  .1,..-,.  1  1.  .|  ^lo 
ob|j€ctioa  ic-  .1 

toldtlR'ni  ]  1 i*    y,^^^.,  uf 

the  pctitioiif  and  1  hem  ttmt  I  must 

B,t   tnr  v:nnr  liiii  Iiv* n  r!  \\.   declare 

ni  r  *»*'  il, 

of  which  Xkwy  coitifibn  !  -  of  the 

petilion^  tthould  be  b)  u  |>eopIr 

of  this  country  what  ihwy  cal^ 
ropi^fWHtflhon  according  to  ihe  jil 
h\  I  Old, 

,  wanted  was  according 
loa  i>L  '  ""    :  ■■  '      T  '.!  at- 

cditu  S 

the  utmost  diMp^JTubatioUf  aaid  I  told  them 
thiit  if  1  did  {M<fsc!ut  ttic  petitior»y  they  oitglit 
to  know  that  I  »»i^iould  ut  the  f^mc  time  ilc- 
cXbx^^  ftA  I  did  wilt  II  I  presented  it  dcchirc, 
lluA  I  had  iH  lo  with  the  prayer  ui  it, 

not  that  it  V  but  tljdt  iu  my  ide;i  it 

Mr  1. 

It)  to  you  a  petition  which  you 
libti|U£h£  pcjf  fiN  1*  zai,  hut  the  prayer  of 
whicb  for  tin:\Mv[l  '•uifrage  did  not  agree 
^ifT.  f^rivate  opinion;    wh;it  was    Mr, 

II  u-er  to  tliat? — Mr*  Margurot  was 

ll '  .  ^.    _  ,n^>re  than  Mr.  Hardy; 

1^1  lit,  and  1   periecliy  rc- 

BiL^.^.,  ,  ,  .  .*  ..  ..^lice  uJ  it  iu  speaking  of 
illii«Mtter,  that  AJr  Unrdy  «>ecined  a  tnu^ 
f«marVLtl>]v  rr  .i-nii;i!ifr  ouiri  inuu ;  when 
9Y  Iv  tne  so  both 

til*  s  ihop.  Upon 

SlSltng  theM?  uhjecliou^f  Mr.  iVJargarot  Hnd 
the  other  two  were  very  ready,  nud  their 
readineiis  surprised  mt%  in  nnuntainuig  the 
arguments  thiit  might  be  urged  on  the  part 
ofunivcf!*al  rcpre»enlati<>n.  I  exprcsijcd  my 
surprise  thiit  men  of  thctr  runk  in  hie  should 
li;iv.    ''  -  --.'     '         '     -     ■  -^   "  '  "    I'tey 

^^  ■  \v- 

aij  opinion  might  be, 

JQ^thl  i)d 

stmtJTi^'.    '  ,       '        ^    '  ''     .  .■     4      ' :\^ 

petition  to  the  Hou<ve  ou^ht  to  leave  the  re- 
roedy,  whatever  it  mij;ht  he,  in  general  terms 
tci  itj  of  the  Uou^c;  and  thiit  even  if 

I  1  vL'd  their  idea  of  ijniver*«nl  rcprc- 

•enUtiui^  1  shouhl  h»vc  n*^  d   them 

tolcAVc  the  pruve-r  of  their  j  ^  ru  in  ix 

IpBOmf  ^  1I  that  lur  tlicir  part,   I 

StHlwt  <  it  u|Kjn  himitelf  when 

hdaaici  '   :    "      nf  ihc  quitl- 

uet»f  li  of  the  man, 

•«  ^••-'  >u»d  in  return 

V'  icy  had  not  known 

in  iiLii  <  fit  it.    I  have 

h 

whtcii  .a  au;ur«ie  con^^miii^ 

tbem;  wheal  wmjioilM  upon 

to  menliun  ihiiiu  ^t  «  nuwlmg  of  our  cwo  so* 
VOL.  XXIV. 


_^£_ 


A.  a  1794-  [11 

dety ;  I  mention  that  only  to  acrvounl  for  Irc- 

ing  so     '       1     ^"^         ^  ^  *^   -       -- '^onythey 
liad  t  5,  thttt  it 

would  ..«.v  w^_.x  .x.v.,..^j^..,  .V,  ;Uem  whe- 
ibcr  they  f^liould  have  s^lated  the  priiyer  as 
they  had  done^  or  left  it  open;  hut  that  now 
they  could  not  alter  it,  bei  uuse  the  petition 
was  already  signed  by  a  great  number,  1  believe  ^ 
nine  thousand ;  that  it  mubt  be  presented  that 
d:iy»  the  6th  of  May,  becaufec  on  that  day  Mr- 
had  given  notice  of  his  motion  concerning 
rm  of  parlian*enl,  aiid  it  wa^  indi^pensa- 
|jiy  necessary  it  should  be  presented  tlial  day, 
that  made  it  Impossibtc  they  couJd  alter  the 
prayer  of  tlie  petition,  bcin^  signed  by  great 
numbers.  I  said  very  well,  they  knew  my 
thoughts  upon  the  subject,  and  if  they  were 
conlcut  that  I  jihould  present  their  pelitioUp 
making  that  declaration  concerning  ihe 
prayer  of  it,  I  wa«i  ready  to  do  it ; — accordingly  ' 
I  did  so,  and  stated  to  the  House  my  objee- 
tion  to  it. 

H^d  it  not  been  that  the  forms  of  the 
House  would  not  admit  uf  the  time,  did  there 
appear  a  readine^^s  and  w  lUingnetsS  to  have 
made  it  conJormable  to  your  recommenda- 
tion?— Yes,  remarkably  so;  and  I  was  very 
glad  to  have  that  to  state  to  the  House. 

Pit  Hip  Franciij  aq.   cross-examined  by  Mr. 
Attorney-OtntruL 

You  have  said  that  tliere  was  a  remarkable 
readiness  to  have  changed  the  pr-iyer  of  the 
petitioui  if  there  had  been  tmie  enough?^!  ^ 
ihouglit  so. 

Had  you  any  reason  to  believe  (indeed  t 
am  almost  ashaiued  to  a^k  the  queHtioii)~hacl 
you  any  reason  to  believe  at  the  time  that 
they  waited  upon  you  with  this  pc^tttion,  that 
tbey  had  no  anxiety  at  all  about  the  success 
of  It  ? — On  the  coiili  ary,  they  scrmcd  very 
eager  about  it.  There  is  a  circumstance 
which  1  do  not  know  whether  it  is  materiaU 
Mr,  Hardy  told  n)e  they  had  ajjkcd  Mr.  Fox  \Q  I 
pn**>€ut  this  petition,  and  that  he  had  de- 
clined It,  because  he  was  an  enemy  to  uni- 
veiMal  suffrage. 

I  believe  that  was  mcuiioned  in  the  letter  1 
to  you?— And  that  Mr  Fox  liad  declined  it 
because  he  disiigrccd  with  them  in  the  prayer 
of  the  petition. 

Then  in  cfiect,  m  it  struck  your  mind,  they 
appeared  extremely  desirous  that  the  petitioa 
should  be  prcM  I  were  extremely  wil- 

ling that  the  pi  I J  be  altered  jiccord* 

in^  to  your  idcav,  a  time  would  have  per- 
mitted ?  —  They  were  extremely  desirous  t^  i 
have  It  presented,  and  very  ready  to  have  iell 
it  generally  to  the  wisdom  of  the  f louse,    I J 
am  ^>r"M^'    "-'tre,  indeed  I   am   cert^"     »h^t 
they  part*,  would  have  i 

wch  t .    1  to  have  left  it  so,  it       ,       i 

been  soooer  apprized  of  the  lurtna  of  lb9J 
House. 

Ttiey  held  the  bogua^  then  or 
airousto  have  a  parminentaryretoL 
extent  the  wiAdota  oi  i^XvKmi&'^v  <swi^  .^'^'^ 


f  107]       35  GEORGE  IIL 

it  them,  aod  not  to  uie  a  language  which 
amounted  to  a  determination  to  accept  of  no- 
thing less  than  universal  sufirage  and  annual 
parliaments  ?— They  did  not  give  up,  as  the 
object  of  their  wishes,  universal  sufirage  and 
-annual  representation,  but  what  they  were 
ready  to  give  up,  and  did  give  up,  was,  to 
ehaiu^e  the  form  of  the  prayer  of  their  petition. 

I  £re  say  they  did  not  exnress  to  you  their 
determination  Uiat  they  would  accept  nothine 
ftom  the  le^slature  but  universal  sufirage  and 
annual  parliaments  f — Certainly  not — I  would 
.not  bive  had  any  tbing  to  do  with  them  if 
they  had  used  that  language. 

I  think  vou  said  they  had  determined  to 
print  their  letter  of  thanks  lo  you?— That  was 
sometime  before. 

,  You  told  them  jrou  totaHy  disapproved  of 
the  method  of  universal  sumage  and  annual 
representation  ?-— Yes ;  that  was  on  the  6th  of 
May. 

Did  you  happen  to  know  that  they  had 
published  what  you  desired  should  not  be 
pubHshed,  toaether  with  a  pretty  strong  letter 
preceding,  which  I  will  snow  you^— No;  I 
do  not  think  they  did  at  all  publish  it,  at  least 
not  in  a  newspaper. 

Please  to  see  if  ^is  is  an  accurate  copy  of 
the  answer  vou  sent  them  P— [showing  it  to 
Mr.  Francis. J— I  believe  it  is. 

Is  the  letter  which  precedes  it  the  letter 
^u  received  before  you  presented  tiie  peti- 
tion?—I  dare  say  it  is,  but  I  had  totaUy  forgot 
the  letter. 

Have  you  any  doubt  about  it  ?— No,  I  have 
not;  I  see  now  plamly  that  they  had  totally 
mistaken  me. 

[It  was  read.] 

''A  Letter  of  Thanks,  addressed  by  the 
London  Corresponding  Society  to 
Philip  Francis,  Esq.  M.  P.  for  his 
ABLE  Speech  in  Parliament,  on  the 
tenth  of  April,  1793,  upon  the  Stock- 
bridge  Election  Bill  ;  together  with 
his  Answer. 

*<  A  Letter  of  Thanks,  by  the  London  Corres- 
ponding Society,  to  Phirip  Francis,  Esq. 

«<  Sir ;— The  Committee  of  Delefotet  of  the 
London  Corresponding  Society,  having  perused 
with  considerable  pleasure  your  truly  patriotic 
speech  of  the  10th  instant,  in  favour  of  a  ra- 
dical reform  in  the  representation  of  the  people, 
think  it  incumbent  on  them,  as  friends  to  re- 
form on  that  broad  basis,  for  which  you  have 
80  ably  contended,  to  return  you  their  sincerest 
thanks,  and  to  eipress  their  obligations  for 
your  support  of  a  cause,  to  which  tneir  every 
exertion  has  long  been  devoted.  United  as 
we  are  upon  the  firmest  and  most  patriotic 
principles,  and  with  the  purest  of  all  [wssible 
intentions,  the  good  of  our  country ;  it  gives 
us  the  most  heartfelt  satisfoction  to  see  that 
those  principles  and  those  intentions  are  not 
confined  to  ounelves,  but  that  there  yet  esisto  I 
v'v  ^-«iSuaTXA£AnuoT9.whodam 

the  ciiue  of  Ut  oomtt^r^  tiA 


TridttfThmmHarAf  [llOt 

plead  for  the  peo|deln  the  ftoo  of  cotNflioB. 

'<  Too  lonK  haa  the  cause  of  die  ]MC^  lea* 
guished;  influenee,  interest,«r  prgiidke  have 
preclud^l  knowledge  from  the  aenate;  or  if 
not'  precluded,  nearly  overpowered.  The 
people  have  seen  irith  sorrow  their  hamMHSa 
disregpded,  and  their  rights  nndefondeac  the 
opposition  of  pditical  warfore  baa  beentfaa 
eflect  of  party,  and  the  exertion  of  ability  hii 
interest  tor  Its  stunuhifl. 

^  Roused  fimn  its  torpor,  the  aaAioo  has  si 
last  begun  to  think  fok  itvilf.  Sjitcitts  of 
communication  have  been  fonned,  and  ma* 
diums  devised  to  coUeet  the  public  voieerf— 
Mediums  independent  of  influence,  or  comp* 
tion:  such  is  our  sodety ;  and  from  that  so- 
ciety, you,  ^r,  are  requested  to  accept  the 
thanks  of  an  obliged  body  of  men,  whidt 
knows  equally  how  to  value  its  rights^  and 
esteem  the  supporters  of  them. 

We  have  but  to  wish  that  from  ezertioni  so 
able,  so  dismterested  as  your*s.  the  cause  ef 
the  people  may  be  tmpafita%  debated  m  pii> 
liament ;  and  we  trust  when  that  is  the  cn^ 
the  distinction  of  party  will  cease,  and  a  pv- 
liamentary  reform  take  p&ce  upon  the  gwcnl 
ground  of  equal  right 

Should  our  hopes  in  this  respect  prove  dmu 
tive,  it  is  impossible  to  say  whm  may  end 
that  spirit  of  mquiry,  which  haa  gone  forth 
among  a  people,  who  have  not  fo^ot  that  thqf 
are  entitled  to  freedom,  and  who  cannot  tamdgf 
see  themselves  plundered  of  their  r^te.F-We 
are,  Sur,  with  sincere  respect,  your  higihl|y 
obliged,  and  very  humble  servants,  for  ths 
committee  of  the  London  Corresponding  So- 
ciety. M.  MARGAROT,  Chairmsa 

«T.HARDY^  Secretary. 
"  April  81st,  1793. 
Philip  Francis,  esq., 

St  James's-square." 

'^  St,  Jama^S'tquare,  April  %9d,  1705. 

**  Gentlemen ; — ^I  received  with  ereat  pleiK 
sure  the  favour  of  your  letter,  and  acknow- 
ledge it  with  many  thanks,  which  I  begyoa 
will  express  for  me  to  the  committee  of  d«e- 
gates  of  your  society,  and  to  the  society  at  laigr. 

**  With  respect  to  a  parliamentary  refonn, 
the  utmost  that  can  be  done  by  a  few  indivi- 
duals in  the  House  of  Commons,  and  all  that 
can  be  expected  from  them  is,  to  tsike  eyeiy 
fovourable  occasion  to  agitate  the  questkNi, 
and  to  bring  the  subject  as  often  as  they  can 
into  public  view  and  discussion. 

"  If  the  people  of  this  country  in  generil, 
were  as  hearty  and  diligent  as  your  society,  in 
supporting  the  measure  by  d^laratioaa  and 
petitions,  I  should  havelitUe  doubt  of  its  suc- 
cess. Without  that  support,  success  is  ioH 
possible.  On  my  part,  you  may  be  sure  that 
every  thing  in  my  power  shall  be  done  to  ob- 
tain it — I  am,  Gentlemen,  your  moai  obe- 
dient,  humble  servant,  P.  FlutfGB^ 

"  To  the  chairman  and  eecrelaij 

of  the  committee  of  deky  tea  nf 

the  London  Gooeipeiidns  te* 


ItOS] 


Jiff  High  Treason^ 


A.  D.  1794. 


V '  JO 


Mr,    DrilfW.— Tit*- 

which  I  *l 
nity  of  11 

done,  lit  ,vt>u  bad  the 
world  to  beli'v  *'    *  » 
suiiigUitfirohi 
to  Ihcm   Ihm 


reading    ihb    kder, 

\  ou  wuulu  have 
cr  you  have 
ison  in  llie 
'  .jpic  were  pur- 
lin as  are  charged 
:dy  answer  is  in 
^Deral  ,1  vvd.!v  not  very  ambi« 

liousof  t  j  ,l*d  noi  wish  tociuer 

into  any  argimiciit  with  them ;  most  assuredly 
if  I  had  tliought  that  they  had  any  other 
views  but  to  uotain  a  rcfomi  of  parhament, 
and  that  in  u  proper  way  by  apphcation  to 
pftrliamcnt^  and  by  iu»tmctions  from  the 
peoolc  to  their  representatives,  and  such 
modes  as  I  conceive  the  laws  of  ihisj  country 
to  authorize ;  il  i  had  conceived  them  to  have 
had  any  other  object,  I  siiould  not  only  have 
abstained  from  corrcspondiaig  with  therat  but 
liavc  con^^idered  them  U5  very  dangerous 
men.  I  thought  them  very  much  mistaken 
and  absurd  upon  tite  point,  but  I  did  not  enter 
into  an  argument  with  them. 

Mr*  £rjA-me,— The  evidence  on  the  part  of 
ihc  crown  has  been  divided  into  two  branches 
—Erst  to  prove  by  the  language  and  writings 
of  those  who  have  been  meniDcrs  of  diderent 
societies,  what  their  objects  were.     Secondly, 
to  see  how  far  the  prisoner  could  be  legally  in- 
volved in  these  objects.     In  con^querice  of 
,  that,  many  writiugb  and  declarations  of  Skir- 
ving  and  other>,  who  were  delegates  to  tFie 
convention  at  Edinburgh,  have  been  given  in 
evidence;    what  I  propose  to  prove  to  your 
JjgJiibips  is,  that  lord  I^uderdale,  a  peer  of  the 
^^■m,  as  your  lordship  knows,  had  a  letter 
^^BUen  to  nimi  requesting^  him  to  accept  the 
'  office  of  delegate  m  the  British  Convention 
^  one  of  Ihc  societies  comprehended  in  the 
^_  ;  of  this  conspiracy.     Il  would,  therefore, 
^cry  unreasonable  to  suppose  that  their  in- 
lion  waJ»  to   d&stroy  the  honours  of  the 
cman  to  whom  this  letter  was  addressed, 
lour  1  - '  '        think  it  evidence  I  will  oiFer 
It  J  26th  of  October,  just  be- 

\  th^  i,*..>,,  X. onvcnUon  was  held, 

right    honourable   earl    of   I^uderdak 
sworn. — Examined  by  Mr.  Enkmc* 

I  wish  your  lordship  to  look  at  that  letter 

-  ving  It  to  his  lordship]  ;   did  you  receive 

*i  rtjceived  it  just  at  the  tmic  it  bears 

i\6  ymif  lorrf«hip  know  at  that  time  that 
^  otion,  as  it  wai  called,  was 


^" 


i.lcd?* 
ppcrsixtuj   vQur  l 

?  fordid; 


-I  certainly  did. 


in 


ijuie  that  the 
L  BucR'tieti  ui  England^  and  also  the  dif- 
Qcictie^  m  ScoUsind,  were  sending 
1  to  this  society  t^^YQUf  1  was. 


Did  you  give  any  answer  to  thai  letter  ? — 
Yes ;  I  wrote  an  answer. 

I  cannot  ask  what  the  answer  was.— Did 
ou  see  the  persons  who  brought  the  letter  ?— 

o,  I  never  did ;  I  saw  the  secretary,  Mr* 
Skirviog,  antecedently  to  having  received  this 
letter,  and  I  rather  suspect  that  the  offer  was 
made  to  me  in  consequence  of  the  conversa- 
tion which  passed  between  him  and  me.  Mr. 
Skirvin^  then  wrote  to  Mr*  Stuart,  requesting 
the  Society  of  the  Friends  of  the  People  to  ap- 
point a  delegate  to  the  British  Convention. 
I  believe  Mr.  Stuart's  answer,  wliich  has  been 
since  printed  was,  that  the  society  not  meet- 
iDg  at  that  time,  il  was  impossible  that  tliey 
could  appoint  a  delegate,  but  he  dare  say  that 
any  thing  I  should  do  would  afterwards  be  ap- 
proved by  the  society;  an  answer  I  thou«tnt 
rather  extraordinar>\  Mr.  Skirving  call 
upon  me  several  times,  and  pressed  mo 
take  up  this  idea  of  Mr.  .Stuart's ;  I  objecte 
he  pressed  it  upon  this  ground,  thai  if  men  of 
education  would  come  amongst  them,  il  might 
prevent  them  from  falling  into  absurdities, 
which  otherwise  their  keenness  and  eagerness 
might  lead  them  to.  I  declined  still  to  attend 
upon  the  ground  that  Mr.  Stuart  had  pro- 
posed ;  I  suspected  he  had  got  them  to  make 
this  representation  to  me.  This  letter  was 
written  from  a  Mr,  Molfatt,  whom  I  have 
since  known,  because  he  acted  as  private 
agent  for  Mr.  Muir  and  Mr.  Palmer* 

Is  he  a  man  of  character? — I  then  knew 
nothing  of  him ; — I  have  seen  a  great  deal  of 
him  Jiince  that  period,  and  I  never  knew  a 
more  liumane  mao^  nor,  I  believe,  a  better 
man. 

From  any  thing  jfbu  saw  at  the  time  these 
appUcatious  were  made,  had  you  any  reason 
to  believe  or  suspect  that  the  members  of  this 
convention  were  called  together  to  assume 
the  iK»wer  of  government  i* — ^I'hc  language 
was  quite  the  reverse  among  themselves,  that 
their  plan  was  universal  sunrage  and  annual 
parliaments. 

Was  there  any  thing  that  led  you  to  believe 
that  that  was  to  be  accomplished  by  force  and 
violence,  overpowering  and  overturning  the 
diifcrent  branches  of  our  government  P— Cer- 
tainly nothmg  of  the  sort. 

I  put  it  in  the  most  unqualified  wayf— ^ 
certainly  not. 

'The  right  honourable  the  carl  of  Lauderdale 
cross-ciamincd  by  Mr.  Attorttrtf  GcncraL 

Your  lordship  had  not  heard  of  a  letter  that 
Skirvmg  had  written  to  Hardy  in  July,  1793^ 
that  ha3  been  re^d  m  evidence  ?-<' At  that  time 
I  had  not 

Nor  any  of  those  other  letters  .^^ — ^No. 

Mr,  isr#Airie*.— VViil  you  give  mc  leave  to 
A-i   "!^  1'"^   >  Mulerdalc  what  change  of  opi*  ' 
J  1  have  made  upon  him  ? 

1       _x  y    GcncraL — That    li    for   \ht 

jury. 

Mr.  Enkinr^Al  ii  for  the  jury  both  ^ 


llllj       S5GE0RGB  lU. 

ship  had  seen  these  letters,  his  opinioii  would 
have  been  the  other  way. 

[A  letter  read.] 

**  My  lord ;— Permit  me,  in  name  of  many 
of  the  members  of  the  society  of  the  Friends 
of  the  People  in  Portsburghy  to  have  the 
honour  of  proposing  your  lordship  as  a  dele- 
^te  to  the  ensumg  soieral  convention. 
jLnowing  of  your  lordwip's  being  hi  this 
country,  we  would  be  inexcusable  to  our 
fellow-citizens,  if  we  did  not  solicit  this  favour 
fh>in  a  man  to  whom  they  look  up  with  affec- 
tion and  confidence. — M^  lord,  I  have  the 
honour  to  be,  your  lordship's  most  obedient, 
and  most  humble  servant, 

William  Moffatt,  secretary.'' 
«  Horn  VVyud, 
Edin.  96th  Oct  1793." 

Mr.  Er$kine,-^My  lords,  I  have  now  closed 
the  defence  of  Mr.  Hardy. 

Mr.  Attorney  GeneraL—Befort  Mr.  Oibbs 
goes  on  with  the  defence,  there  is  a  letter 
nom  Ashton,  of  the  26th  of  May,  1792,  which 
I  wbh  to  have  read;  it  was  meant  to  be 
read,  but  was  forgotten;  it  is  by  mistake 
dated  1797. 

^  SktfiM  Soeidyfar  CmutHnikmal  Is. 
formation, 

^  Mr.  Adams ;— Sir ;  Your  favour  of  Srd 
pit  came  duly  to  hand,  the  acceptance  of  our 
twelve  friends  as  members  of  your's,  is  highly 
satisfactory  to  this  society,  aiul  I  am  directed 
by  them  to  request  you  will  be  pleased  to 
present  their  sincere  thanks  to  your  society 
for  their  affectionate  regard  for,  and  honour 
conferred  upon  the  members  of  this  institu- 
tion. 

''  It  is  with  pleasure  we  congratulate  you 
on  the  rapid  progress  of  real  and  useful  know- 
ledge, and  tne  dissipation  of  ignorance  and 
error  from  amone  the  general  mass  of  the 
pe(»ple.  Knowledge  once  obtained  cannot  be 
obliterated »  but  bv  the  loss,  or  abuse  of  reason : 
truth  once  f&irly  discovered  and  substantiated, 
cannot  be  defaced  bv  the  sophistry  and  ^dckcd 
designs  of  artful  and  crafty  men. 

"We  are  happy  to  inform  yon  that  the 
number  of  our  associating,  or  ticket,  mem- 
bers, keep  increasing,  are  now  about  i!S,400, 
but  they  have  not  increased  of  late  in  propor- 
tion with  our  worthy  and  respectable  friends, 
who  (altho'  they  do  not  associate  with  us  as 
an  incorporate  body)  have  manifested  them- 
selves in  a  way  of  respectability,  adding 
strength  and  support  to  the  undertakings  of 
this  society,  and  to  the  cause  in  general. 

"  On  Saturday  last,  19th  inst.  we  received  a 
packet  of  printed  addresses,  resolves,  &c. 
mm  the  sOcietjr  (Freemasons  tavern)  which, 
on  mature  consideration,  we  find  ourselves 
not  so  well  reconciled  to  the  ideas  they  convey 
to  us  as  we  could  iqpish,  if  they  had  appearea 
in  a  (Gfiiu!Bnt  point  of  ti^,  nor  46  Hmj  dferd 
oiiNfcft  «ittierii:f  iprdftf^lBIIMiii^ 


Trial  of  ThmMtHwrdg  [HM 

hensive  mif^t  be  eipected  firom  an  ■Morialioa 
of  so  respMable  a  body,  under  the  h%li  deno- 
mination of  the  Friends  of  the  PecMe.  In 
our  opinion,  their  answer  of  19th  ust,  to 


your  letter  of  S7th  uH.  n  no  ways  < 
with  that  appellation;  from  the  known  1 
taUlity  of  many  names  which  appear  at  _ 
them,  we  had  entertained  great  fiopesof  thrir 
real  use  in  obtainhig  a  thorough  retom  open 
the  prhiciples  of  the  Rights  of  Man,  which 
can  never  be  accomplishied,  until  eveiy  OMfl 
enjoys  his  lawful  and  just  ptivilcttes. 

"  Previous  to  the  reception  of  this  packet^ 
we  did  communicate  to  tnem,  by  letter,  Ibt 
pleasing  hopes  it  reflected  to  m,  on  kwkiBg 
forwan^  viewing  such  respectable  clnnclcis 
signalizing  themselves  in  support  of  As 
people's  riehts,  agreeable  to  tho  above  pria^ 
cities,  and  the  denomination  by  which  they 
have  entitled  themselves,  &c.  In  due  course 
they  would  receive  our  letter  last  Thundsy 
se'onight,  and  in  consequence  we  apprehend 
the  packet  was  forwarded  to  us  on  the  ssme 
day,  but  without  any  written  comikiimicatioa: 
we  sh^  not  attempt  any  farther  communica- 
tion with  them,  until  we  are  favoliral  with 
your  sentiments  upon  the  subject,  or  until 
matters  of  doubt  which  we  at  present  colertaiii, 
be  removed. 

"  We  also  received  a  packet  IWMn  the 
Friends  of  the  People,  Southwark,  and  they 
have  our  hearty  concurrence  and  best  wishes; 
we  shall  in  a  day  or  two  forward  our  re]^  ts 
them. 

"We  have  also  been  fiivoured  with  sa 
affectionate  communication  finom  our  firiendi 
and  fellow  labourers  at  Manchester,  and  from 
several  other  places,  who  are  about  to  fonn 
themselves  into  societies ;  Birmingham  in 
particular  claims  all  the  assistance  from  esi^ 
olislied  societies  which  possibly  can  be  admi- 
nistered, there  are  great  numbers  in  that  pUee 
friendly  to  the  cause  of  the  people,  and  we 
hope  (notwithstandhig  the  late  traeical  trans- 
actions^ if  pnident  methods  are  adopted  sal 
pursued,  the  people's  attention  may  b€  turned 
to  their  ovm  mterest,  and  the  mouths  of  des- 
pots and  ranting  bigots  stopped,  which  is,  and 
must  be  the  sincere  wish  ot  everv  real  firiend 
to  the  peace  and  welfare  of  mankind.  I  am 
most  respectfully,  your  sincere  friend, 

«  Sheffield,  **  SAM.  ASHTON,  secrctsiy. 
May  «0, 1797.  Carapo-lane. 

"  Hopes  you  will  excuse  for  troubling  you 
with  the  inclosed. 

"  N.  B.  Our  worthy  friend,  Vicinus,  b  Mr. 
John  Payne,  of  Ncwhill,  near  Sheffield,  and 
one  of  our  friends  whom  you  were  pleased  to 
accept  as  a  member  of  your  society.'' 
(Addressed)  "  Mr.  Adams,  TookeV 
'*  court,  Chancery-lane,  London." 

Mr.  Gx6fts.— May  it  please  your  Lordships; 
— Gentlemen  of  the  jury  ;*  I  need  not  stale  to 

•  Here  Mh  Oibbi  iUnted^;  but  In  a  fe«r 
nunutes  hivuig  tacovtfsi;  hefiwMML  ' 


^1  %h»  mtitiety  tbftt  1  mutt  necessarily  fe«l 

Vbj  the  weight 
lity  abilities  of 

!  t<jujri    niiriil^  support    hlUK 

,  il  1  csin,  I  will  cjo  my  duly  to 

1  lAn  iit  il»e  bur ;  if  my  slicnglh 

l;o  Uuoiigb  the  defence  which 

Ivt   „..   L  L.tkcn,  I  will  defend  him;  it  is 

ot  a  vnhh  toHp:ire  my  own  strength,  it  is  not 

wish  to   %\iATC  my  own  health  which  hus 

ifcrpowcrt'd  me,  but  it  in  because  I  huve  felt 

His  catiHC  lu<»  •^rratfor  mc;  1  have  felt  myself 

Dcapablc  (»f  comprehending^  in  my  mind,  the 

a5t  mt»"=^v  fit  evidence  winch  the  crown  has 

prmln  4  ihib  mwi.    No  time  which 

the  (I  of  tlic  Court  hiu»  allowed  me» 

inuiisiry  or  my  own  (in  which,  I  assure 

fou,  L  Imve  not  failed)  haf  enabled  me  so  to 

i^ive^  in  my  niind,  this  vast  cause,  as  to 

K  it  intelligibly  to  you ;  for  so,  and  so  only 

tiutere^t  ol  th*.*  prisoner^  and  public 

|uire  that  it  should  be  stated. 

eHy  you  will  remember  that,  in  the 

,  it  look  the  atlorney-gcneral  nine  hours 

'  to  open  this  case ;  h  length  of  speech 

uf;  the  annals  of  this  kingdom  do 

1  instance  of  a  prosecution  founded 

,  to  many  complicated  lacts,  drawn  out  of 

flucha  tangled  web,  that  less  than  a  speech  of 

nine  hours  could  not  render  it  intelhgible  to 

the  jury^  nor  explaiu  to  them  by  what  mode 

of  reasoning  tl  was  meant  to  bring  the  imputed 

charge  home  to  the  prisoner. 

To  suppose  that  the  attomey-grncral  has 

ated  his  case  at  greater  length,  or  burthcned 

\  with  more  evidence  than  m   his  jud'^tnent 

iras  necessary,  would  be  casting  mi  unworthy 

etlection    on    him,    llis    known    character 

cnders  it  impossible.    The  prosecution  i  I  self 

Bust  be  tliought  to  have  required  tor  its  sup- 

&rt  this  mass  of  evidence,  which  it  is  out 

Uty^  a9  counsel  for  the  prisoner,  to  obserro 

H>n,  but  impossible,  in  the  time  allowed  us, 

>  understand-  This  it  is  that  weighs  us  down. 

"•—Remember    the    situation    in   which    my 

Jearncil   fnend^  Mr.    Erskine  was  ;  you  saw 

bow  even  he  was  oppressed  by  it ;  it  was  not 

BOMible  ^or  tjunian  iibiliiy,  iind  I  feel  it  so, 

Mcau&e  it  was  not  pot»sH"Ii'  f.^r  uu  vt  if,.ii,L-r 

nf  l»  repel  a  chur^e  dr 

liiiii?.  till  of  such  a  c  •    , 

■  k*  for  the  abiiily  oi  n 
1  iinbrrtce,  ui  tun  mn 
1^  him  to  lay  before  you  a  iaix 
I'risoncr. 

Oi'iultaicn,  Hi  order  !<►  it  I  Ka%'c 

\  iu^tirrw  Ui  v«»«  Mf»on  thi^  i»  Ihgiblcj 

I c  to  you 
ctto  he, 
o«  * 
liiifi 


:  t&ct  or  iiicXbf  whurh,  in  imw,  auiount  ti» 


5  of     J 

ned 
ncQ^H 
hedH 


troaaOD ;   and  you  ure  liotiml  to  inquire  of 
nothing  that  is  not  i '  '   i  r  ^ett*  ~ 

The  chareeagaiji  'iier  is.  that] 

'  ~      '  ''  uL^lh,  and  that,  for 

1  It  design,  enltTtained 

u,.*.i*  >    M- ^    ....,  Ui  to  execution,  he  hatj 

done  certain  acts  seated   in  the  indictmen 
The  trea**on  charged  is,  that  he  conipass 
the  king's  death;  the  means  by  which  he  i 
stated  to  have  endeavoured  to  effect  this  i 
jH*se,  are, 

First,  **That  he,  with  otiierg,  met,  and 
conspired  to  procure  a  convention  and  meet- 
ing, Willi  uitent,  and  in  order  that  the  persons 
to  be  asseniblcd  at  sucli  convention  and 
meeting,  should  and  might,  wickedly  and 
traitorously,  without,  and  in  defiance  of  tb 
authority,  and  against  Uic  will  of  the  purlii 
ment  of  this  kingdom,  subvert  and  alter,  an 
cause  to  be  subverted  and  altered,  the  Ugtslj 
ture,  rule,  and  government,  now  duly  an 
happily  established  in  this  kingdom,  ami 
pose,  and  cause  to  be  depot>cd,  our  said  lo 
the  king,"— Tluit  is  the  lirst  overt  act  stated  I 
the  indictment;  it  id  not  necessary  for  met 
state  the  other  overt  acts  relative  lo  the  coll 
vcntion,  because  in  reality  their  tendency  i 
the  same  ;  it  only  stales  Ihe  different  mc 
Ihey  look  in  order  lo  procure  thai  convcnti< 
the  ultimate  end  of  which  the  charge  state 
was  to  accomplish  the; king's  death.  ~' 
are  other  actn  charged,  olating,  that  the  defei 
danl  conspired  **  to  levy  war  against  the  kini 
for  the  purpose  of  deposing  hint."'  Anoth 
chiirgp  i»,  that  '*  they  did  meet,  conspin 
consult  and  agree  umong  them»ielves,  an 
wiih  divers  oilier  false  traitors,  whose  nan»< 
are  to  the  said  jurors  unknown,  to  raise,  lev 
and  make  insurrection,  rebellion,  and 
within  this  kingdom,  against  our  said  lord  tb 
king."  So  that  you  see  the  charges,  slated  f 
the  mdictmcnt,  against  the  prisoner,  are  the 
— The  first  is  an  act  of  his  mind,  that 
comnassed  the  death  of  the  king.  The  m 
is,  tnut,  in  order  to  carry  into  execulion  tfa 
design,  to  destroy  Ihe  king,  he  did  cert 
acts,  slated  in  the  indictment,  which  acts  i 
iiJlegcd  to  have  an  immediate  view  ol  dep 
ing  the  king  ;  and  from  that  immediate  vie 
of  deposing  ihe  king,  you  arc  desired  to  i 
that  the  uttimatc  object  was  to  accompli 
the  kin^N  death, 

I  his  iudiclmenl  is  founded  upon  tbealatui 
of  Kdw.ird  the  third,  upon  which  my  lear 
friend  iugued  very  ably  and  elaborately,    Y« 
obstrvc  that,  be  lore  this  *tat4ite,  dilferrnt  i 
nioiis  had  been  entertained  as  to  what  w« 
and  what  was   not  treason ;    and   men 
been  drawn  into   the   penalties  of  Iremsi 

:1if*ul  suspecting  that  they  had    inc 


etafoi 


i  he  stalulc  recites,  **  that  diver*  opinii 
had    bepu  enlerlHined    in  what   C44»*e   t 
^]i:.il  i>r  v-iid^  hikI  in  uhiit  not;  an<l  ihr 

at  the  re nuest  of  the  lx>rd*,  and 

iimonsj  mate*  «  deckratioA •f  w 

nhalibe  trea&uti*,  WmV\&>A^^^  ^m^ifc^^ 


Tried  of  Thomas  Hardy 


[I1I0 


II 15]       35  QEORGE  lU. 

doth  compass  or  imagine  the  death  of  our 
lord  the  king,  or  our  lady  his  queen,  or  of 
their  eldest  son  and  heir,  and  thereof  be 
provably  attainted  of  open  deed  by  the  people 
of  their  condition,  it  is  to  be  understood  that 
in  that  case  it  ought  to  be  judged  Ueason," 
that  is,  high  treason. 

Then  the  statute  goes  on  with  a  declaration 
that  nothing  but  that,  which  is  precisely  ex-  ^  ^ 

pressed  and  specified  in  the  statute,  shall  be    it,  but  I  will  only  endeavour  to  bring  liick 


king's  death,  but  that  must  be  proved  to  a. 
jury  by  his  acts,  and  on  that  pert  of  the  rta- 
tute  in  which  the  leg^ature  says,  **  that  the 
party  shall  be  provably  attainted  of  open 
deed  by  the  people  of  their  condition,"  kml 
Coke  has  thus  commented.  Gentlemen, 
where  your  recollection  goes  to  the  argiunent 
of  Mr.  £rskine,  which  passed  some  time  ago, 
I  am  sure  ^ou  will  regret  that  I  should  repeat 


ireason : — "  And  because  that  many  other 
like  cases  of  treason  may  happen  in  time  to 
conic,  which  a  man  cannot  think  nor  declare 
at  this  present  time,  it  is  accorded,  that  if  any 
other  case,  supposed  treason,  which  is  not 
above  specified,  doth  happen  before  any 
justices,  the  justices  shall  tarry,  without  any 
going  to  judgment  of  the  treason,  till  the 
cause  be  shuwed  and  declared  before  the  king  ! 
and  his  parliament,  whether  it  ought  to  be  ! 
judged  treason  or  other  felony." 

You  have  then  the  indictment  stating  these  ' 
points,  which  you  are  to  consider,  whether ' 
the  prisoner  compassed  the  king's  death,  and  ' 
"whether  he  committed  these  acts  with  an 
intent  immediately  to  depose  the  king,  and 
ultimately  to  accomplish  his  death.  The 
main  charge  is,  that  he  compassed  the  king's 
death.  This  is  the  only  treason,  presented  by 
the  indictment,  to  your  inmiiry ;  and  thi.s  is  the 
only  form  in  which  it  could  have  been  legally 
stated  in  the  indictment,  since  the  statute  of 
the  25th  of  Edward  3rd;  if  this  indictment  had 
▼aried  from  the  statute  in  charging  any  thing 
as  treason  which  the  statute  docs  not  make 
so,  it  would  be  erroneous :  if  former  indict- 
ments, trom  the  time  of  passing  the  statute 
to  the  present,  had  varied  from  it,  without 
being  noticed,  that  would  not  alter  the  law 
upon  the  subject,  because  in  cases  arising 
upon  a  statute,  no  established  form  of  legal 

Eroceedings  can  control  the  statute,  but  must 
e  corrected  by  it. 

In  this  case,  however,  the  form  of  the  in- 
dictment and  the  statute  go  hand  in  hand ; 
it  appears  from  each  that  nothing  shall  be 
treason  (nothing,  at  least,  necessary  to  be 
considered  upon  the  present  occasion),  except 
the  compassing  the  king's  death.  You  will 
observe  the  statute  says  likewise,  that  the 
party  must  be  "  provably  attainted  of  open 
deed  by  the  people  of  his  condition."  Now, 
upon  this  statute,  lord  Coke,  who  was  one  of 
the  most  learned  lawyers  that  has  ever  lived, 
has  commented,  and  I  shall  take  the  liberty 
shortly  of  stating  his  comment,  at  least  that 
particular  part  of  it,  because  that  will  point 
out  to  you  how  careful  the  law  is,  and  how 
careful  all  writers  upon  the  law  are,  to  guard 
judges  and  juries  against  ever  extending  this 
statute;  it  points  out  the  method  you  ought 
to  use  in  investigating  the  charge  brought 
against  the  prisoner,  and  therefore  I  trust  it 
will  not  be  thought  useless  if  I  state  it  to  you. 
The  treason  charged  is,  you  see,  a  compassing 
the  king's  death ;  tliere  must  be  in  the  mina 
of  the  prisoner  ao  mtention  to  effect  the 


those  things  which  may  have  escaped  you. 

Lord  Coke  says,  ("3  inU.  19.)  *'  In  this 
branch  four  things  are  to  be  observed.  First, 
this  word  provably ,  that  is,  upon  direct,  ma- 
nifest proof,  not  upon  conjectural  presump> 
tions,  or  inferences,  or  strains  of  wit,  but 
upon  good  and  sufficient  proof;  and  herein 
the  adverb  (provablement)  provably  hath  a 
great  force,  and  signifieth  a  direct  and  plain 
proof,  which  word  the  King,  the  Lords  and 
Commons  in  parliament  did  use,  for  that  the 
offence  was  so  heinous,  and  was  so  heavily 
and  so  severely  punished,  as  none  other  the 
like,  and  therefore  the  offender  must  pracahhf- 
be  attainted,  which  words  are  as  forcible  as 
upon  direct  and  manifest  proof.  Note,  the 
word  is  not  probably ,  for  then  commune  argU' 
merUum  might. have  served,  but  the  wora  is 
provably  be  attainted.'* 

Thisyou  see,  gentlemen,  is  an  exhortatbo 
to  you  who  are  to  find  whether  the  prisoner  is 
or  IS  not  guilty ;  that  you  do  not  find  him 
guilty,  without  plain,  direct,  and  manifest 
proof— this  is  the  proof  which  the  legislature 
requires  for  the  purpose  of  fixing  this  crime 
upon  the  prisoner ;  this  is  the  proof  which  of 
course  you,  who  are  the  jury  to  try  his  guilt  or 
innocence,  must  be  satistied  has  been  given 
in  the  cause,  before  you  can  find  him  guilty. 

Gentlemen,  I  will  trouble  you  tarther, 
merely  with  a  statement  of  the  way  in  which 
judges  who  have  had  to  try  causes  upon  this 
statute,  have  laid  down  the  law  to  the  jury. 
I  shall  then  have  stated  to  you  the  indictment 
— the  statute  upon  which  it  is  founded,  the 
construction  of  one  of  the  most  learned  law- 
yers who  ever  lived  upon  that  statute,  and  the 
acting  of  one  of  the  most  learned  judges  who 
has  ever  adorned  the  bench  (I  speak  of  lord 
chief  justice  Pemberton)*  when  he  sat  on  the 
trial  of  lord  Russell,  who  was  charged  with  an 
offence  of  the  same  sort  as  that  with  which 
the  prisoner  at  the  bar  now  stands  charged. 

The  doctrine  contained  in  that  trial  is,  I 
suppose,  law,  because  I  have  heard  the  trial 
alluded  to  in  court,  and  not  from  the  bar,  but 
from  the  bench.  I  have  heard  the  siunmine 
up  of  lord  chief  justice  Pemberton,  who  triea 
lord  Russell,  alluded  to,  as  containing  the 
law  of  the  land  upon  the  subject  of  treason. 

My  lord  Russell  was  tried  upon  this  statute, 
and  the  indictment  charged  him  with  com- 
passing the  king's  death,  the  overt- act  was, 
that  **  to  fulfil  and  perfect  ttie  said  most  bor* 

•  See  the  notes  in  Vol.  8,  p.  Si5,  and  Vol. 
9.  p.  580  of  this  Collection. 


1117)  far  High  Trtason. 

rib!*?  trw«on  and  trailorous  compassines, 
ill'  1  purposes  aforesaid,  he,  tne 

sa  Alt  together  with  other  false 

traitors,  niiiiciutisl}',  traitorously,  and  advi- 
sedly between  themselves,  and  with  divers 
other  traitors  to  the  jurors  unknown,  did 
meet  together,  constik,  agree,  and  conclude 
insurrection  and  rebellion  aeain^t  our  sove- 
reign lord  the  king  wlthui  this  kingdom  of 
England,  to  move  and  stir  up,  and  the  guards 
foiT  the  preservation  of  the  person  of  our  said 
lord  the  king  to  seise  and  destroy,  againM  the 
duty  of  his  allegiance/"* 

So  you  see  the  charge  in  that  indictment 
was,  that  lord  Russell  had  compassed  the 
king^s  death,  and  to  effect  that  treason,  had 
conspired  to  raise  insurrection  and  rebellion 
ag*iinst  tlio  king,  and  to  seize  the  piards  ap- 
pointed for  the  preservation  of  the  king'b  per- 
son. Itie  evidence  given  in  that  case  went 
certainly  to  fshow,  if  it  went  to  show  any  thing, 
that  lord  Russell  had  conspired  to  raise  insur- 
rection and  rebellion  in  the  kingdom,  and  to 
seize  the  king's  guards,  and  yet  lord  chief 
justice  Pemberton  in  stunming  up  (I  stale  this 
to  show  what  is  the  matter  for  you  to  inquire 
into  in  this  case)  does  not  tell  the  jury  that 
the  point  for  them  to  consider  is,  whether  the 
prisoner  had  conspired  to  raise  insurrection 
and  rebellion  against  the  person  of  the  king ; 
and  if  they  found  that,  they  must  find  the 
priiODor  gudty  ;  but  he  tells  them  this — 
'*  now  the  question  before  you  will  be,  whe- 
ther upon  this  whole  matter  you  do  believe*' 
-—not  that  lord  Russell  bad  raised  insurrec- 
tion and  rebellion  a^nst  the  king,  but 
**  whether  )jou  do  beUeve  my  lord  Russell 
had  any  design  upon  the  king's  life,  to  destroy 
the  king,  or  take  away  his  life  ;**— that  is  the 
charge  which  ray  lord  chief  justice  Pember- 
ton gives  to  the  jury  who  tried  lord  Russell, 
aud  no  mun  ever  complained  that  the  trial  of 
lord  Ru»Hell  was  not  sufficiently  severe — 
*^  that  { he  says)  is  the  material  part  here  ,  it  is 
n^  '  '  en  you  by  the  king's  counsel  as 
311  if  this,  that  he  did  conspire  to 

r^k^c  d^u  M.^urrectiun,  and  to  cause  a  risin»  of 
the  people  tu  niakc  as  it  were,  a  rebellion 
wilhui  the  r^•*1  <<■■<■'  md  to  surprise  the  king's 
guardft,  whh  y,  can  h:we  no  other 

€fid  but  to  ->  Is  troy  the  kmp." 

So  that  lord  ctucl  ju«»t»re  Pemberton  puts  it 
to  the  jury,  that  llMHigh  they  belirvcd  these 
fmclN)ct  iutm  the^e  farts  they  were  to  col- 
Ject  whether  the  prij^oner  had,  or  had  not,  a 
desi]^T»  iqiun  itie  kingS  hfe,  for  if  he  had  nolj 
they  cuiilii  not  fuul  him  ;^ui!lv ;  if  that  had 
sot  U'fii  hi^  opinion  ct  the  law  upon  this 
tubjcri,  Uv  wiHild  not  have  put  it  to  them  to 

ny  whKhrr  lord  \*         "  '      '^-  ^v :    -n^nt 

arcumpliM)  \\  uld 

|Ve  yjnr  n      A..  ,,i  4   i^ 

again»t 
Ibcpe)^  ^         ^    _  ve  that, 


A.  D.  17^. 


[1118 


you  believe  enough  ;  he  does  not  say  that — 
be  says  they  put  tiiis  to  you  as  an  evidence 
that  he  meant  to  seize  and  destroy  the  kin^ 
and  he  goes  on  to  say — "  it  is  a  great  evi- 
dence?"—but  it  is  only  an  evidence— ("  if  my 
lord  Russell  did  design  to  seixe  the  king's 

fuards^  and  make  an  insurrection  in  the  king* 
om)  of  a  design  to  surprise  the  kmg's  per- 
son. It  must  DC  left  to  you  upon  the  whole 
matter — you  have  not  evidence  in  this  case, 
as  there  was  in  the  other  matter  that  was 
tried  in  the  morning,  or  yesterday,  against 
the  conspirators  to  kill  the  king  at  the 
Rye." 

Gentlemen,  I  should  tell  you  that  cither  oil 
that  same  morning,  or  the  day  before,  some 
other  prisoners  had  been  tried  for  being  accom^ 
plices  in  the  Rye-house  plot,  and  a  part  of 
that  plot  was  not  only  to  mise  an  insurrection 
against  the  king,  but  to  seize  his  person,  and 
murder  him;    therefore    lord    chief  justice 
Pemberton  says — **  you  have  not  evidence  in 
this  case,  as  there  was  in  tlic  other  matter 
that  was  tried  in  the  morning,  or  yesterday, 
against  the  conspirators  to  kilfthe  king  at  the 
Rye,    There  wa»  a  direct  evidence  of  a  con- 
sult to  kill  the  king;  that  is  not  given  you 
in  tliis  case ;    this  is  an  act  of  contriving  a 
rebellion,  and   an    insurrection    within  the 
kingdom,  to  seize  his  guards,  which  is  urged 
as  an  evidence^  and  surely  is  in  itself  an  rv»- 
dencc  to  seize  and  destroy  tlie  king.'*    So  that  j 
lord  chief  justice  Pemberton  puts  it  to  the 
jury  that  these  facts  are  strong  evidence  of  ] 
that  which  tliey  are  to  inquire  into,  namclyv 
a  compassing  the  king's  death,  but  he  puts  it 
to  them  as  the  rcidence,  and  distinguishes  the 
case  from  the  cases  in  the  morning,  where  the 
deMgo  was,  to  seize  and  destroy  the  king. 
Where  is  the  need  of  that  distinction,  if  con- 
spiring to  raise  rebellion  against  the  king  be, 
as  is  now  contended  by  the  couuh'I  fur  the 
crown,  conclu*jively  and  directly  treason  in 
itself?    He  goes  on  to  say,  '*  upon  this  whole 
matter  this  is  left  to  you ;    if  you  believe  the 
prisoner  at  the  bar  to  have  conspired  tht  death 
of  the  king,  and  »«  ardtr  to  thai  to  have  had  | 
those  consults  that  those  witnesses  speak  o^j 
then  you  must  find  hmi  guiJly  of  this  treasofl 
that  is  laid  to  his  chHf£;e/'* — that  in,  if  you 
find  that  he  con*iptrcd  the  death  of  tlie  king ; 
but  unless  you  draw  that  conclusion  hum  the  ^ 
other  evidence  in  the  cause,  ;^ou  cannot  find  t 
him  guilty;  this  is  lord  chief  justice  Pembcr-| 
ton's  summing  up  to  the  jur>';  and  yet  he  it] 
complained  of  by  the  ir tends  of  lord  Uus»cU| 
as  having  dealt  Ilio  hatdly  with  him  ;  there-  ] 
fore  I  thmk  it  cannot  be  imputeil  to  him  that  j 
he  did  this  in  any  favour  to  the  |'rlsoncr--he| 
states  the  point  for*'         "     *     '         >    •',  r' 
they  think  that  the  t 

the  king  to  death.  L  ^<.m,>>,,  ..i.ii  1,..,.^^  ....»*,/ 
circumstance*,  a  jury  ought  to  draw  that  con-  j 

•  Sec  lord  chief  justice  Pcmberton's  sum* 
xning  up  in  thccuj^c  of  lord  RusseU^anti^Vc' 
9j  f».  6d0. 


1119]       SS  GEORGE  m. 

dit&iDy  but  it  b  always  a  question  whether 
th^  will  diaw  that  copclialon,  or  not  I 
think  upon  much  oonsideratbn  of  the  guee- 
tioiiy  not  only  that  the  existence  or  tiie 
orert-act  is  for  the  jury*  hut  that  it  is  also 
for  them  to  find  whether  the  overt-act 
was  committed  in  the  prosecution  of  that 
dengn  upon  fhe  king's  life,  which  must  he 
stated  in  the  indictment;  not  ouIt  does  this 
Mear  to  be  tiie  opinion  of  [lord  chief  iustioe 
ranberton,  but  of  sir  George  Tr^y,  who  was 
Ifaeo  recoider  of  London^  and  who  afterwards 
was  lord  chief  justice  or  the  Common  Pleaa. 
Lord  Russell  was  found  guilty— the  jury  did 
find  finom  the  fiicts  laid  bdbre  ihero,  from  his 

piling  to  raise  an  insurrection  against  the 

m  at  the  king,  and  more  than  that  finom 
bsign  to  tarn  those  vary  guards  that  are 
apponited  for  the  pcotection  of  the  king's 

SI,  that  be  did  conspire  the  death  of  ttie 
and  I  cannot  say  it  was  an  unreasooabie 
nion.  Yon  shall  hear  whether  this  is 
an  inaccurate  expression  of  lord  chief  justice 
PsMbi!itim%  or  whether  it  was  generslTy  eon* 
sidered  than  as  the  kw.  Lord  Russell  after* 
wants,  when  he  was  brought  up  for  judg^ 
nnnly*  desires  lo  have  the  indictment  rrad  to 
hinu  When  he  bears  the  chum  a{(aiDst  him 
of  compassing  and  conspiring  t&  king's  death 
...4W  starta— he  sf^*"  bold^I  thou^tl  had 
not  been  chargsd  m  the  indictment  of  com- 
uating  and  oonspiriiwtbe  death  of  tha  king.'' 
flm  attom^generalsays,  **  jres,  my  hml, 
you  are."  Then  he  says  to  the  racmder-* 
M I  appeal  to  you  and  the  Court,  even  if  all  the 
witnesses  have  sworn  be  true,  whetiier  I  am 
ffuilty  within  the  statute  of  £dward  3d,  there 
na;(ring  been  an  evidence  of  a  conspiracy  to 
levy  war,  but  no  evidence  of  an  intention  to 
kill  the  kiog;  and  therefore  I  think  truly 
judgment  ought  not  to  pass  upon  me  for  oon- 
spirmg  the  d^ath  of  the  king,  of  which  there 
was  no  prodf  by  any  one  witness."  That  is 
only  lord  Russell's  arsument — how  is  he 
answered  by  sir  George  Treby  ?  he  does  not 
say,  what  vou  state  to  have  been  sworn  to 
by  some  of  the  witnesses  is  treason,  but  he 
says — **  that  was  an  exception  proper  (and  as 
I  oiink  you  did  malce  it)  before  the  verdict, 
whether  the  evidence  does  amount  to  prove 
the  charge ;  that  is  properjto  be  observed  to 


diet  aa  wall  as ymir  levishin.  Weaiatiis 
by  what  thejmwfaaa*  fmmi,  not  hj  Aaan* 
dance  that  was  laid  hefcra  them." 

Sol  you  see,  it  is  plain,  in  thia  caaa  iiam 
the  dvection  given  by  lord  chief  jttslka  Pta* 
berton^  m  summing  up ;  and  from  the  rsca» 
pitulationofthatMimmingup^if  I  mayaami 
It,  hv  sir  Geofga  TVaby,  when  laid  HniiJ 
was  brought  up  lor  judgment,  that  tha  mmm 
for  the  juiy  is,  whether  the  oven  act,  had  ia 
the  suMequeot  part  of  tha  indietment,  Mias 
the  treason  laid  in  tha  fucpscriMrtjof  tbain* 
dictment,  namely,  the  coospasaimc  the  lamfk 
death.  I  never  arill  staad  up  to  cbniendlSit 
there  are  not  many  acta  of  thia  aort  siaiad  in 
my  k^rd  Russell's  case,  from  which  an  hima 
jury  ought  always  to  find  that  the  priiMii 
did  compass  the  lung's  death.  1  think  thm 
wes  in  that  case,  supposing  the  feet  ta  be 
proved  that  he  meant  to  raise  inaurrectionani 
rebellion  in  the  stale  against  tbe  kin^  ani 
that  he  meant  to  aeiae  the  guarda  of  tbekiM^ 
I  think  that  was  strong  evidence  to  go  tofts 
jury,  that  hb  attempt  aimed  at  the  kiMf^ 
life,  and  I  cannot  Uame  them  for  finding  mt 
verdict  that  they  did;  yet  atill  il  was  wife 
them. 

Gentlemeut  having;  stated  what  I  aiMaiea 
to  be  the  law  upon  this  sul^iect,  and  ann| 
from  that  what  the  points  are  lor  your  eoHN 
deration,  I  will  state  lo  you  now  the.  chsM 
which  has  been  attempted  in  ovidence^  te  at 
bnHMj^t  against  the  prisoner;  I  hmm  0tki 
it  heme,  Kit  in  order  to  render  myself  iatel- 
ligthle,  I  will  shortly  repeat  it— it  is,  '  tfasi 
he  consj^red  to  procure  a  oonventiou,"  which 
convention,  when  met,  was  to  overUun  tbe 

government,  to  depose  the  king,  and  te  pal 
im  to  death.  To  a  certain  point  we  ait 
agreed — we  agree  that  he  did  held  ooaaalta- 
tions  for  the  purpose  of  calling  a  0Qnvt»> 
tion — ^the  point  upon  which  we  difier  is  the 
puipose  for  which  that  convention  was  te  be 
called ;  and  it  is  for  my  learned  friends  wba 
are  of  counsel  for  the  crown,  before  tfiey  sen 
bring  this  charee  home  upon  the  prisontf  te 
prove  one  or  otoer  of  these  itwo  tbuga^  eilhir 
that  a  convention  cannot  be  called  lor  say 
other  but  treasonable  purposes,  or  to  profc^ 
in  fact,  that  this  convention  was  called  for 
the  purpose  of  procuring  the  deposition  of  the 


the  jury ;"— Sir  George  Treby  then  agrees  !  king,  and  thereby  his  dosth  :  they  must  piore 
with  the  chief  justice,  that  it  was  for  the  jury  ;  one  or  other  of  these  two  things.     Now  the 


to  determine  whether  the  evidence  of  con 

spiring  to  raise  an  insurrection  and  rebellion 

in  the  Kingdom,  and  to  seize  the  king's  guard, 

does  or  does  not  prove  a  compassing  of  the 

king's  death ;  he  admits  that  it  is  not  treason 

in  law,  but  it  may  be  evidence  of  compassing 

the  king's  death,  if  the  jury  think  proper  to 

draw  that  conclusion.    He  ffoes  on*— *<  for  if 

the  evidence  comes  short  of  the  indictment, 

tb^  cannot  find  it  to  be  a  true  charge,  but    witnesses  did  speak  of  them,  and 

when  the  jury  has  found  it,  their  verdict  does  ,  >ty  was  never  questionad. 

pass  for^ie  traUi— we  are  bound  by  the  ver-      .I^rd  Chief  Justice  JB^e^Ia  it  veqr  Avio 

^  ,    allude  tethemi 

I     Mr.  OMe^I  aUnde 


first  it  is  impossible  to  prove — to  assert  that  a 
convention,  or  meeting  of  delegates  from  di(* 
fereot  sets  of  people,  cannot  he  called  tqgt- 
ther  but  for  treasonable  purposes,  would  be 
absurd,  and  no  such  th'mg  can  pasa  from  the 
mouth  of  either  of  my  fri^ods.  You  have 
heard  of  many,  many  conventions  that  bats 
been  called ;  there  were  two  conventioas  ia 


*  Soevol.9|p.a06ofthisCollaQtion. 


Scotiand,  they  were  not  proved  indoedL  baft 

'  their  kpl^ 


to 


llfl] 


y&r  High  Treason. 


Bhowing  lliat  conventions  may  be  called  for 

lawful  purposes. 

Then  ihe  next  thing  lo  be  considered  is, 
vhi'thcr  I  lie  altomey-general  has  proved  thai 
^8  convention  was  railed  for  that  specific  un- 
%wful  purj>05C  which  he  has  stated,  namely, 
to  drpose  the  king  (for  that  i»  the  ^isl  of  tlie 
eaiibc)  and  thereby  to  comimas  his  deaths 
they  undertake  to  prove  ini^;  wc,  on  the 
other  hand,  say,  that  the  convention  wa^ 
meant  to  be  called  for  lawful  purp<»ses;--we 
say  that  the  prisoner  at  t!ie  bar,  and  those 
i«rith  whom  he  acted,  heheved  that  cormplion 
had  found  its  way  into  ihe  state,  and  was 
making  iarge  strides  in  it;  that  he  beUeved 
this  corruption  was  oc«:a*>ioned,  enc reaped, 
and  coniuMicd  by  the  long  duration  of  parha- 
nients,  and  hy  the  unequal  representation  of 
the  people  in  the  House  of  Commons;  that  if 
these  defects  could  be  reformed,  all  would  be 
well ;  he  knew,  and  they  knew,  that  a  petition 
to  jmrliamenl  would  not  produce  ine  end 
whtcii  they  wished  to  procure,  because  many 
of  their  petitions  had  been^  I  may  almost  say 
contumcliou&ly,  rejected  ;  they  Ihuudil,  there- 
fore, that  It  lay  upon  them,  as  good  citizens^ 
to  jind  some  other  means  by  which  they 
might  effect  what  they  conceived  to  be  a  law- 
ful ptirpose  ;  and  they  believed  that  if  the 
general  opmion  of  the  people  was  for  this  re- 
form, and  if  that  general  opinion  could  be 
e  known  to  parUament,  that  parliamenl, 
ifih  it  had  rejected  the  separate  petit  ion  si 

individuals,  would  yet  attend  to  the  general 
opmion  properly  conveyed  to  them  ;  they  saw 
no  other  way  of  conveying  this  opinion  to 
parliament,  but  by  calling  together  a  conven- 
tion of  delegates  sent  from  different  parts  of 
the  counfry/by  the  voice  of  which  delegates 
they  niight  first  collect  whether  this  was,  or 
wa»  not,  the  general  wisn  of  the  people,  and 
if  it  was  8t»,  that  they  might  by  the  same 
voice  communicate  thi!.  general  wish  to  par- 
liament. This  they  professed,  and  there  can 
be  tif.  ili.iilM  tiiMt  this  the  t&nguage  of  their 
i«  rts, 

I  und,  the  gentlemen  w*ho  are 
of  counsci  tor  the  crown  say  that  all  this  was 
mere  prctr\T — you  did  not  think  that  there: 
V;  tion   in  the  state;    yoti  did  not 

th.  tliut  corruption  arofte  From  the  un- 

equiil  K'piiscntalion   of   the  people  in    the 
Houflc  of  t'ommons,  and  the  lon^  duration  of 

}).i  '  ,  you  did  not  thmk  tlial  this  re* 

u  you  speak  of,  would  produce  a 

fr  ij  had  other  views*  anti  we  take 

M[  ves  to  prove  that  you  had  (hem. 

I  .  does  he  up^n  them  to  prove  these 

CI.  -.es ;  and  as  the  language  of  our 

re-'  inuiorLs  ihat  our  intentions  were 

innocent,  ui  can  show  from  positive 

and  dirrrt  [  ij  that  pbtn»  drrect,  and 

f>i  identt3   which  ^  saji^  is 

n.  .  all  ca*es  of  irt  tho  pn- 

»<  liosc  with  whom  lit- V 

di  air  to  bring  about  i^ 

the  3H4U',  iind  hurl  the  king  from  m^  mronc 


■I  in 


A,  B.  17M.  [1122 

l»y  means  of  this  convention,  it  is  impossible 
that  you  can  find  him  guilty  of  the  cliargo 
that  IS  now  brought  against  him. 

Gentlemen,  there  art  two  parts  of  the  propo- 
sition which,  in  poini  of  fact,  the  rouuscl  for 
the  crown  feel  it  necessary  to  make  out.  la 
the  first  place,  they  say  we  will  prove  there 
was  a  general  plot  in  the  kingdom  for  effect* 
ing  this  purpose,  that  is  for  effecting  the  de- 
position of  Ihe  king.  In  the  nes;t  place,  we 
will  prove  that  the  prisoner,  with  others,  was 
an  actor  in  this  plot,  and  is  implicated  in  the 
crime  in  which  they  are  all  impliratcd.  Now 
you  will  recollect  itmt  for  the  sake  of  makui^ 
otTl  that  first  part  of  their  proposition,  which 
fninj's  no  guUt  to  the  nuntl  ofthe  prisoner — 
which  shows  no  inlenlionofhisto  bring  about 
that  which  is  imputed  to  the  others ;  tlicy  have 
not  only  called  many  members  of  all  these 
societies,  hut  have  proved  every  thitig  that 
ever  was  done  or  decbired  by  any  member 
cither  ofthe  Constitutional  Society,  the  Cor- 
responding Society,  or  any  members  of  any 
other  society  that  ever  corresponded  with 
either  of  these  societies;  that  they  siy  is  for 
the  purpose  of  proving  the  general  ploL  This 
would  not  be  evidence  as  against  the  prisoner 
individually,  but  this  it  is  necessary  for  them 
to  go  through,  in  order  to  make  out  the  first 
part  of  their  proposition,  that  there  did  renlly 
exist  a  general  plot  in  the  kingdom,  for  the 
purpose  of  deposing  the  king,  and  afterward^ 
they  endeavour  to  ^how  you  that  the  prisoner 
was  concerned  in  that  plot ;  this  you  see  does 
not  touch  theprisoner,  without prooflhat he  was 
concerned  in  what  thty  call  the  general  plot. 

Now,  gentlemen,  this  certainly  does  lay  ua 
under  considerable  hardships*  I  told  you  bc^ 
fore,  and  I  am  sure  you  will  afterwards  hear 
from  his  lordship  that  nothing  ui  this  species 
of  evidence,  which  is  not  brought  home  per- 
sonally to  the  prisoner,  ought  to  affect  him 
personally ;  that  it  goes  only  to  prove  the 
eiistence  of  a  plot,  and  yel  how  difticult  is  it 
for  us  who  stand  as  counsel  for  the  prisoner; 
how  difficult  for  you  who  are  the  arbiters  of 
his  fate ;  how  difficult  for  the  Court,  who  yet 
will  do  it  better  than  cither  of  us  can,  to  dis^ 
tin:pn^h  the  «sf_'paratc  parts  of  this  evidence,  to 
ofily  to  prove  It  i  [dolj 

.1  '  tt  the  prisoner  ,  ! 

Ihe  cl::  ^>n  us  is  m-upcrahlc,  not 

from   the  fie  thing,  but  from  the 

eitcniof  lilt   <  mto  which  we  were  , 

rarricd  ;  for  I  (i  ',  with  all  the  dili- 

gence which  I  *..*-_  ,„.,^  able  to  use,  and 
with  all  the  time  which  the  indulgence  ofthe 
Court  lias  granted  me,  I  feci  it  utterly  impos- 
sible, in  ray  owm  mind,  to  separate  ihcm,  and, 
Iht  rt  f:>rc.  it  is  im|H>sNildc   for   lue  tu   §late 
hne  ot  d I  junction  hes.      If  my 
,  nd'*^  who  c«>nduclcd  the  prosccu- ! 
K.^ral  evidcncci 
whirh  Wr^s  tf> 


u^  i*yi  lis  me  case    IS    \V^^"^    \xa,\' 

4  C 


i^xw 


1125]  J&r  High  Treason. 

liecause  the  cffrcl  of  these  Ivo  decisions 
would  be  tliis,  that  the  counsel  for  the  prose- 
cution may  argue  again*jt  the  prisoner,  from 
certain  facts,  whichlhe  prisoner,  though  he 
knows  them  to  be  (iilse,  shall  not  be  per- 
mitted to  eontrovert.  This  cannot,  surely  be 
supported,  and  therefore  all  argunaents  aris- 
ing from  Uie  use  of  French  terms,  must,  as  it 
ippcars  to  nie  be  excluded  from  the  cause. 

Another  thing  imputed  to  us  is,  thitt  we 

approve  the  French  Revolution.— Certain ]y 

the  prisoner  at  the  bar,  and  terlainly  many 

J    of  tDose  with  whom  he  acted,  did  highly  aji- 

f>rove  of  the  French  Revolution; — it  vvan 
ikely  that  they  should  approve  of  the  French 
Revolulron,  in  its  origin,  because  they  were 
f  Euelishnien,  and  because  they  were  Freemen, 
and  because  the  original  object  of  that  revo* 
lution  was,  to  give  to  Slaves  the  freedom  which 
we  enjoy  here.  What  was  more  likely  lo  catch 
the  ear,  to  catch  the  mind  of  an  Englishman 
than  that  a  nation,  which  had  certainly 
been  in  a  state  of  abject  slavery  for  cenltiries 
|)aat,  waa  restored  to  that  freedom  to  wiuch 
they  were  entitled  by  nattire.?  1  know  it  will 
be  urged  against  mc^  that,  after  that  period 
was  past  (I  speak  of  the  origin  of  the  French 
Revolution),  after  acts  of  cnorrtiity,  of  which 
no  rational  man  can  approve,  had  taken  place 
in  France,  that  they  still  approve  generally  of 
the  French  Revolution ;  but  it  was  not  these 
acts,  but  the  revolution  in  general,  to  which 
their  approbation  went ;  and  supposing  that, 
under  all  the  then  existing  circum!)tatices  in 
France,  they  had  exprcsseu  a  general  appro- 

rlaAion  of  tne  French  Revolution,  and  the 
ijit©  of  things,  as  they  then  existed  iu  France, 
!f  it  to  be  mferred  from  thence,  that  they 
wished  the  same  thing  to  take  place  in  Eng- 
land ?  Did  the  same  necessity  lie  upon  us  as 
upon  France  ?  Were  we  an  afflicted  and 
oppressed  people?  Had  we  an^  reason  to 
complain  ot  an  over-bearing  Nobdity,  whose 
rights  were  inconsistent  with  the  general 
liberty  of  the  people  ?  Had  we  any  reason  to 
coropiainof  the  oppressions  of  the  Crown  or 
of  tlic  Royal  family  f  Do  you  find,  from  the 
beginning  to  the  end  of  the  evidence,  a  single 
complaint  of  that  ^ort  ? 

You  find,  in  many  instances,  they  speak  of 
the  kinj;:,  and  the  hereditary  nobihty  of  this 
country,  as  entitled  to  reverence  and  respect. 
i  — Was  it  su  in  France  ?     Were  the  king  and 
I  nobility  o(  that  country  entilled  to  the  rcvcr- 
f  encc  and  respect  of  Ihc  >?ul>jccts  of  France,  as  i 
the  king  and  nobdity  of  thU  country  are  en-  j 
titled  to  the  reverence  and  rcBpcct  ot  the  pco-  | 
pic    here? — No; — far    otherwise;    it  is  not 
tiierefore  to  be  supposed,  that,  because  these 
ujcn  approverl  of  llie  revolution  in   France, 
Ihey  approved  of  the  late  acts  of  violence  that 
liavc  betn  c  '       *     ■  '  in»   of 

aevenilol  the  U  ts 

not  t    '     *:'"■  r,  thtit 

he  M  <  thia 

couiiU:, .„,^,,._.  Li.L    ..  .....Hon  of 

^Ihe  king,  because,  lorsooth,   pcrhap.%  with 


A.  D.  1794. 


[1126 


L 


a  misunderslandine  of  the  subject,   he  ha 
expressed  an  approbation  of  the  French  Re- 
volution even  at  a  time  \vhen  a  more  reason- 
able man  would  not  have  done  it.  * 

But  more  than  that,  wishes  of  union  with 
France  had  bcenexpressed.^ — Why, gentlemen, 
what  man  is  there,  who,  if  it  could  be  accom- 
plished with  safety  to  this  country,  would  not 
wish  for  an  union  with  France,  rather  than 
such  a  war  as  the  present  ?  Tliis  was  their 
object,  as  it  will  appear  when  you  hear  the 
evidence  summed  up  by  his  lordship,  from 
what  I  remember  of  a  letter,  which  contains 
some  resolutions  addressed  from  one  socic^ 
lo  another — I  believe  the  resolution  for  ad- 
dressmg  the  National  Convention  yi(  France; 
— the  motive  which  actuated  them  Is  stated 
there  to  be,  to  prevent  the  calamilies  of  war. 
Surely,  gentlemen,  we  have  seen  enougli  of 
this  war  to  conclude,  that,  if  these  calamities 
could  have  been  prevented,  it  would  have  been 
wisdom  lo  have  prevented  them.  The  prisoner 
may  have  judged  ill  upon  that  occasion ;  those 
with  whom  he  acted  may  have  judged  ill ; 
the  war  may  have  been  a  just  and  necessary 
one;  I  have  nothing  to  do  with  that;  but 
still  you  must  allow,  that  a  contrary  opinion 
might  have  been  entertained ;  and  if  experi- 
ence has  shown  that  the  war  was  calamitous, 
and  there  were  circumstances  existing,  at 
that  time,  from  which  it  might  possibly  be 
foreseen,  that  it  would  be  calamitous;  if  an 
opinion  could  possibly  be  entertained,  from 
the  then  exbling  facts,  that  we  might  have 
kept  out  of  the  war,  surely  you  will  not  say, 
that  the  prisoner  is  guilty'  of  high  treason 
for  expressing  a  wish,  that  an  union  might 
take  place  with  France,  when  he  declares, 
that  his  reason  for  entertaining  that  wish  was, 
that  a  war  which  has  turned  out  to  be  calami* 
tous,  might  be  avoided. 

The  remarks  which  liave  been  made  on  the 
Address  to  the  National  Convention  are  open 
to  the  same  answer. 

Then  the  insertion  of  Roland  and  Darrere's 
speeches  is  attempted  to  be  fixed  upon  Mr, 
Hardy  ;  and  mark  how  wide  he  stands  from 
it ;  there  is  a  resolution,  at  a  meeting  of  the 
society,  that  certain  speeches  in  the  French 
language,  trom  a  French  newspaper,  should 
be  mserte<l  in  their  books,  and  they  never  a^e 
inserted* 

Do  you  think,  that  that  shoemaker  under- 
stands French  P  Do  you  think,  that  that  shoe- 
maker ever  read  the  Monileur?  Can  you 
believe  that,  at  the  time  when  tliat  passes], 
he  could  have  any  idea  of  what  were 
the  contents  of  these  speeches?  —  Not 
that  1  admit,  by  any  means,  that,  if  the 
fact  were  proved  upon  him ;  if  he  were  the 
person  who  made  that  motion,  that  it  proves 
any  thing  in  this  cause,  VVhal  does  it 
amount  to  ?  That  he  wished  to  have  coinrnir- 
nicated  to  the  members  of  thii  society,  what 
the  reasons  were  upon  which  those  who  were 
desirous  of  bringing  about  that  t::^U\\\\V£^\^ 
event  ia  Fnuicc,  latXc^  \  \l  ^a!^  Vcwt3>M^\  ^^5?!*^ 


UJ9] 


fift  High  Tretu^. 


an  msurrectjoii  for  the  purpose  of  resisting 
such  an  act  is  not  high  treaaoa.-^So  the  law 
is  expresiily  stated  by  lord  chief  justice  Halt 
in  sir  John  Freiod's  case,  his  words  are  **  If 
persons  do  assemble  themselves  and  act  with 
force  in  opposition  to  some  law  which  they 
think  inconvenient^  and  hope  1  hereby  to  get  it 
repealed,  this  is  levying  a  war  and  treason^ 
though  purposing  and  denying  it  if  nai  w, 
Su  when  tney  endeavour  in  great  ntimber^ 
with  force  to  make  some  reformation  of  their 
own  heads,  without  pursuing  the  tnctliods  of 
ttie  law,  that  is  a  levying  war  and  treason^  tmi 
thepurpming  and  denigmn^  it  it  not  lo/'* 

Why  then,  gentlemen,  if  conspiring  to  rai!»e 
an  insurrection  against  an  existing  law,  and  to 
resist  tbe  operation  and  execution  of  that  law, 
be  not  hi*h  trc«.son,  ajhrtiori^  a  resolution,  to 
oppose,  if  it  shall  be  passed,  a  law  which  at 
present  has  no  e]iiataiGe«  cannot  be  high 
treason. 

The  prisoner,  Mr.  Hardy,  is  a  member  of 
the  Loudon  Corresponding  Suciely;  he  and 
tho%c  who  acted  willi  him  are  only  affected  by 
the  Scutch  Convention,  ab  far  as  that  conven- 
tion acted  under  their  authority,  or  with  their 
approbation;  as  far  as  they  acted  uuder  tbeir 
authority— they  are  not  :iiiectc<l  by  any  thing 
but  this  resolnlion.  When  the  convention 
met  they  came  to  some  resolutions  which  I 
do  not  find  myself  interested  upon  this  occa- 
sion to  defend  any  farther  than  this,  that  they 
certainly  are  not  overt  ;icis  of  high  treason ;  to 
them  the  same  answer  applies  as  apphes  to 
thi*  resolution ;  they  do  not  amount  to  any 
conspiracy  for  the  purfiose  of  raising  or  levy- 
ing a  war  against  tlie  king^»  person;  nothing 
like  it ;  and,  therefore,  thougn  they  are  snch 
I  Maqnietand  reasonable  man  would  di^ap- 
'  |irove,  yet  ihey  are  not  such  as  amount  to  tlie 
Cfime  of  hi^h  treaM>n,  I  beg  you  always, 
gentlemen,  Uj  hold  it  in  your  miiids  that  the 
question  you  have  Ui  try  is,  whether  the  pri- 
loner,  aud  those  perftons,  with  whom  he  was 
concerned,  meant  to  call  this  convention  for 
the  purpose  of  uver turning  the  government, 
and  thereby  deposing  und  destroying  the  king. 
Now  you  wdl  not  find  throughout  the  whole 
course  of  thtsc  proceedings  afiy  evidence  tes- 
tifying lliat  nitcnt ;  you  will  bud  Hrong  Ian* 
Igltiage  used  in  letters  ihdt  are  written,  very 
ttron^,  V*crhaps— strong  rtM»lulion%,bul  none 
of  them  iimountto  a  proof  of  the  crnne  with 
i^liich  he  IS  charged ;  nor  does  it  appear  to 
me,  however  criinin<il   they    were,  that  he 

i  ought  Ui  be  charged  with  any  of  the  acts  of 
that  convention  ;  none  of  them  were  high 
treason  undoubtedly. 

But  how  do  ihry  endeiivour  to  fix  them 
upon  Mr,  d  those  with  whom  he 

I        acted?  mt:i  .vinir  thnt  wh<"n  irritated 

at  the  fate  ot  ihiin  JcIegtH<  ti^^^l 

sent  there,  and  at  that  wii  udd, 

ffQm  high  OUthorltjfv  wta  a  nurna  and  niyti^ 


A.  D.  n9k  [IISO; 

tifiable  judgment  against  them,  they  pasfteAj 
some  violent,  1  will  say,  indecent  resol 
upon  the  subject. 

Something  is  doc  to  the  human  mind  in 
that  state;  you  will  not  be  extreme  to  marif 
wliat  is  amiss  in  a  case  of  this  sort ;  you  w; 
look  to  the  intention,  and  see  if  any  thing 
proved  against  this  prisoner,  which  can  bring 
home  to  his  mind  the  criminal  act  charge? 
upon  this  indictment,  and  unless  you  nnd 
some  one  act  which  furnishes  plain  direct  and 
manifest  proof,  in  the  words  of  lord  Coke,  of 
a  conspiring  to  overturn  the  government  and 
depose  the  king,  you  will  ca&t  out  of  youf 
mind  such  expressions  as  I  am  alluding  to, 
and  you  will  find,  however  you  may  disap* 
prove  of  bis  conduct  in  some  respects,  that  he 
IS  not  guilty  of  that  high  crime  which  is  now 
imputed  tohim« 

It  is  said  (I  think  it  is  not  supportable  m 
law)  that  these  delegates  who  met  in  conven- 
tion in  Scotland  were  guilty  of  high  treason, 
and  that  therefore  Mr.  Hiirdy,  who  was  one 
of  a  society  who  sent  delegates,  and  who 
might  approve  the  proceediir^s  that  passed 
there,  that  he  aUo  is  guilty  of  high  treason.  I 
cannot  bring  myselt  to  believe  that  it  was 
really  thought  tiiat  the  proceedings  of  the  con- 
vention in  Scotland  brought  the  crime  of  high 
treason  home  to  those  who  assented  to  them 
here;  because  1  cannot  understand  how  the 
conspiring  here  to  do  that  can  be  high  trea- 
son which  was  not  high  treason  in  those  who 
did  the  thing  in  Scotland.  Yuu  know  very 
well,  gentlemen,  tiiat  the  delegAte**,  who  sat 
in  that  convention,  were  prosccuic<l ;  but  ili*  . 
were  not  prosecuted  for  high  treason,  bui  :  , 
a  mi.sdemeanor.  The  lord  justice  Clerk  I iLttl 
the  same  evidence  before  him  on  that  subject 
that  you  have  now  ;  if  it  had  been  hi^h  trea!§on 
he|Would  have  done  that  which  it  wu^  itis  duty 
to  do  ;  he  would  not  have  tried  the  prisoners 
for  a  misdemeanor — he  would  have  told  the 
jury,  on  the  first  trial,  that  they  must  6nd  the 
prisoner  not  guilty  of  the  roisdeinetnor,  be- 
cause his  oftcncc  was  of  a  greater  magnitude  ; 
and  a  person  must  not  be  Drought  to  trial  for 
a  misdemeanor  when  the  facts  amount  to 
proof  of  a  higher  crime.  What  1  «ay  upon 
this  subject  is  law,  his  lordship  will  tell  you 
so,  that  if  a  man  be  indicted  for  a  crime  of  a 
lower  description,  and  upon  the  tiial  the  cvi- 
den*  r  "  ' '  •  .,.  ..^.  Hv  .♦  K,.  .v;j^  guilty  of  one 
ol  n  imot  in  law  he 

coiUi  ;    .  .,  :,,,,,.,,..   ^  ..  .Aiwer  d«""  riivHr.fi ; 
am)   therefore  I  have    the  author  e 

court  o*  justiciary  in  Scotland,  t!,  y 

of  those  who  instituted  ^  o 

prosecutions  formisdtOR  it 

the  meeting  of  the  SctJicU  i.onveiilii>u,  il 
acts  of  the  delegates  (I  am  not  speakfug 
Downie  and  Wiiit,  they  were  not  conned 
with  them)  w«re  not  high  treason,  and,  the; 
fore.  '  here  to  bring  about  ihi 

act- 

Ociiuuxiieu,  vnesAaJ^^ie^  V^iTB»\B>sfc 


^ 


1133] 


jQf  High  Treason* 


A.  O.  179i- 


[im 


mayor  of  Nottinglmniy  tlie  first  magistrate  of 
the  place,  ami  two  of  the  rioters  who  attacked 
his  nouse  fell,  and  the  inquest  u^jon  that 
death  found  it  justifiable  homicide.  What 
would  have  been  the  fate  of  ^Ir.  Dennison,  if 
he  had  not  prepared  himself  wlUi  those  means 
of  defence  ?^his  house  would  have  been  rased 
to  the  ground,  as  doctor  Priestley's  was,  and 
another  disgrace  would  have  fallen  upon  this 
couulrj,  by  the  dcslruriion  of  the  |jrop<*rty  of 
an  innocent  man,  because  he  ha<l  not  the 
means  of  defending  himself  against  on  iiiegaJ 
attack. 

These  inslanc<^s  show  not  only  the  neces- 
sity, but  the  legiilily  of  providing  arms  against 
such  alUickh,  when  we  arc  furuibhed  with 
means  of  foresceinc  them.  But,  gentlemen, 
notonlv  d*j  they  take  otV  all  eflect  from  that 
fact  wliich  was  proved  on  the  part  of  the 
rrown,  that  pikes  liad  bctu  provided  al  Shef- 
field, but  they  prove  souaetning  more.  You 
observe  thai  all  the  members  of  t lie  Consti- 
tutional and  London  Corresponding  Societies, 
and  the  Societies»  at  Sheffield  arc  endeavoured 
to  be  implicated  in  a  general  plot  to  calJ  a 
convention  for  the  purpose  of  deposing  the 
king,  and  upon  that  giound  the  decbruttons 
and  act»  of  all  those  people  are  received  in 
evidence  against  us ;  we  have  a  right  then  to 
ask  them,  when  any  of  them  are  called  here, 
what  their  views  were ;  \i  their  views  were  to 
tall  a  convention  fur  the  purpose  of  deposing 
the  king,  so  far  the  plot  is  proved.  Then 
what  do  the  wttn esses  say?  Carnage  and 
Brooniheud  are  called  by  the  crown,  they  say 
they  had  no  idea  of  attacking  the  Kiug,  or  the 
House  of  I-^rds ;  they  had  no  idea  of  any 
thing  but  calling  a  convention  whidi  mi^ht 
make  known  to  the  House  of  Commons  what 
vas  the  general  opinion  of  the  people ;  they 
bad  no  idea  of  eflfecling  the  views  of  the  con- 
irenlion  by  forte,  hut  only  by  the  progress  of 
reason;  they  meant  li>  collect  what  was  the 
general  opinion  or  the  people  of  the  country, 
and  if  it  sliould  turn  out  to  he  the  general  opi- 
nion th.it  this  reform  of  parliament  ought  to 
be  elhclcd,  thtn  they  believed,  and  I  believe 
too,  that  lite  House  of  Commons  would  hslcn 
to  that  opinion  so  signified  to  theUK 

Another  witness  whom  they  called  is  VVid^ 
dison.  He  comes  from  the  sjmie  place,  and 
3'ou  will  recollect  here  that  there  had  been 
given  ni  evidence  a  letter  from  one  Dstvtson 
ofShcftkkl,  to  Ml.  IT     '        '  '   / 

true,  that  the  patriots 

ibcmHeives  with  pikt  ^  ni  i.^u  u.Miit,  ,  .l  t, 
insisted  that  tins  defence  was  all  a  pretext, 
but  when  you  come  to  hear  the  witnesses  fur 
the  crown  you  see  that  it  was  not  a  pretext, 
that  there  was  real  danger  of  an  allatk.  This 
T)avison  wrilrs  lo  Mr  llardv,  informing  him 
that  the  patriots  bad  provideil  themi^eivcii  with 
pikes  iot  their  defence,  and  telling  him  where 
fbeir  friends  ui  tendon  mit^ht  supply  thcro- 
telvcs  with  pikcfe,  \\\  hi  proper,  for 

the  same  purpose.  It  :  to  Mr,  Hardy 

that  the  receiving  tins  iciicr  shows  that  he 


meant  to  provide  this  convention,  or  thosi 
who  were  to  act  under  this  convention,  witti^| 
arms  for  the  purpose  of  supporting  their  pre- 
tensions by  force.   It  turns  out  that  this  letterj 
contains  another  letter,  to  Norwich,  which 
Mr,  Hardy  was  desired  to  forward ;  both  th^j 
letter  lo  Mr.  Hardy,  and  the  letter  for  Nor-i 
wich,  remained   in  Mr.  Hardy's  posses5ion0| 
from  Aprd  26lh  to  the  12th  of  May,  whe  ' 
they  were  seized ;  he  does  not  send  thai  lettcc^l 
lo  Norwich,  and  be  never  mentions  to  his  dUl 
vbion  lliat  he  had  received  such  a  letter ;  h9 
never  proposes  to  any  of  them  to  furnish  ihera-*  i 
selves  with  arms.    What  then  is  the  fuir  con-t  I 
elusion  to  be  drawn  from  these  facts  f    Votf  ( 
were  in  danger  at  Sheffield,  and  you  provided*  j 
yourselves  with  pikes  there,  and  you  aid  right'} 
m  iloing  su  ;  but  we  do  not  yet  feel  there  i 
the  same  danger  in  London ;  we  do  not 
hcve  thai  we  shall  be  attacked  ;  therefor 
Mr.  Hardy  Likes  no  notice  of  this  communica 
lion;  he  d<xs  nut  send  the  letter  lo  Norwiehi? 
nor  stale  it  lo  his  division,  or  to  any  of  hii 
friends  in  Ijondon,  except  in  the  instance 
shall  mention  presently.    I  say   he  took  nc 
slep  upon  it,  because  he  is  desired  to  address 
any  answer  to  one  Moody  at  Sheffield,  who  i 
afterwards  called  asa  witness  by  the  crown,  and 
who  swore  positively  that  no  letter  from  MM 
Hardy,  or  any  of  the  socielv,  ever  came  to  hii 
hands;  a  conclusive  prool  that  nothing  was *i 
done  by  Mr,  Hardy,  or  any  of  his  society^* 
al  least  with  liis  knowledge,  upon  that  letter»% 
and  it  is,  therefore,  conclusive  proof  that  ha 
did  not  mean,  upon  a  concert  oelweeu  bin 
and  Davison,  to  use  these  arms  which  we 
provided  at  Sheffield  for  the  protection  \ 
defence  of  that  society,  be  did  not  mean  1 
use  them  against    the    government  of 
country. 

VViddison,  who  is  called  also  to  this  fact  a 
the  pikes,  is  cross  examined  hy  us  as  to  th< 
purptises  of  their  institution ;  be  and  they  all 
join  m  lelhng  you  their  object  was  unly  parha^ 
mentary  reform,  that  they  wished  to  obtain  it 
by  peaceable  means  ;  that  thev  meant  lo  calf 
this  convention,  not  in  order  lliat  tliey  raigh 
oppose  the  government  forcibly,  not  in  ordo 
that  they  might  take  upon  themselves  Um 
functions  of  parliament,  not  tlml  they  migfa 
enforce  their  opinions  by  dmt  of  aruH,  m 
merely  lliat  ihcy  might  represent  to  llic  llous 
ufComnionx,  whatwub  the  opinion  of  tb 
majorily       ''  ]>le. 

Hill,  ;n  less,  ahio  states  the  san 

things  ;  W  j  iv..  -  liicy  had  the  pikes,  but  1 
proves  that  tliey  were  provided  for  the  samfl 
purpose.  Then  great  reliance  is  placed  J 
Itie  evidence  of  t'^dwards;  it  is  said  1 " 
Hardy  did  coumiunicate  thi«  letter 
wardx,  and  furnished  him  with  the  means  o| 
getting  these  pikes.  Now  how  did  l»c  con 
municate  it  to  him } — Edwards  a  forwjiri 
man,  a»ks  him  (and  it  w^*^  puh!ir|y  kitowB 
thai  these  people  at  SIm  t»i 

liebcl,  and  had  provided  l  ^\ 

pikc3|  itwaa  no  »cct<:vv,  ux^-^v^'--  w^^w^h^ 


1135]        S5  GEORGE  IlL 

Hardy  «nd  asksbim  if  he  could  give  him  the 
direction  to  a  person  who  made  the  pikes  »t 
Slicfiicld ;  Hardy  having  this  letter  in  his 
pocketf  never  having  curomunicalcd  it  to  a 
lingk  soul  (for,  if  he  had,  the  prosecutors 
vouldhave  knovmit,  for  they  have  had  spies 
upon  him  for  l!vei»c  three  yean),  being  asked 
by  Edw^ards  for  a  direction  to  a  nfian  at  Shef- 
field,  he  does  give  him  that  direction,  and  that 
i&  the  only  use  Hardy  ever  makes  of  the  letter 
he  received  from  Shcf^ld,  and  he  makes  no 
use  whatever  of  the  iocbsnre  to  Norwich ; 
Hardy  did  not  want  any  of  these  pike^ — 
how  came  Edwards  to  ask  for  them  f  Not 
from  any  communication  he  had  with  Har- 
dy;  he  15  the  crown*s  witness,  and  what  he 
aays  on  one  side  must  be  believed,  a»  well 
&&  what  he  says  on  the  other ;  he  had  it,  he 
says^  for  the  pur  nose  of  defending  himself^  if 
iUeg^ly  attacked.  He  says  great  insult*^  had 
been  offered  him,  and  it  was  for  that  purpose 
only  that  he  desired  a  direction  to  this  man. 
He  made  one  for  himself.  Isi  Mr.  Hardy 
answerable  for  all  his  act5?  And  if  he  were» 
what  does  this  amount  to  I  Entertaining,  per* 
hapSj  a  false  idea  of  a  danger  that  threulens 
him,  he  chose  to  provide  himself  with  a  pike, 
and  to  advi&e  two  or  three  other  persons  to  do 
the  same  thing.  Is  this  evidence  that  can 
convince  any  reasonable  mind,  or  can  go  a 
step  towards  convincing  a  man  of  common 
reason  llmt  these  pikes  were  procured  by  Mr. 
Hardy,  and  those  he  acted  with,  for  the  pur- 
pose of  supporting  this  convention  wbicJi  was 
to  he  called,  for  the  pyrp>ose  of  resisting  by 
force  the  whole  united  mihtary  of  this  king- 
dom^ and  all  the  armed  associations  which 
have  been  raised  in  the  country?  —  Three 
dozen  pikes  in  the  hands  of  a  few  Shefheld 
men,  and  in  the  hands  of  a  few  others  into 
whose  hands  Mr.  Hardy  might  have  put  sixty 
muskets  and  three  French  case  knives,  against 
the  whole  army  of  England  !  Now  is  that 
credible?  Can  you  give  ear  to  such  a  story? 
Yoti  observe  this  convention  was  to  be  called 
very  soon : — ^Can  you  believe  that  men  who 
rcaUy  entertained  in  their  minds  an  idea  of 
enforcing  liydint  of  arms  the  acts  of  this  con* 
vention  which  was  just  about  to  be  called, 
would  have  taken  no  lartht-r  sleps  for  pro- 
viding themselves  with  the  means  of  support- 
ine  them,  than  three  do«en  of  pikes,  an  order 
only  1  think  (or  sixty  muskets,  and  less  than 
half  a  dozen  of  French  case  knives  ? 

Gentlemen,  my  learned  friend  suggests  to 
me  a  fact  that  fell  from  a  witness  to-day  when 
1  wajs  not  in  court,  and  I  am  very  much 
obhged  to  him  for  it,  as  certainly  it  strengthens 
my  observiiiion  extremely ;  he  informs  inc 
that  a  witness  being  asked  how  many  pikes 
they  could  have  procured  in  Sheffield  (If  they 
had  wanted  them)  jn  the  course  of  one  day, 
tells  you  that  they  could  have  procured  ten 
thousand.  Why  then,  gcntlenjen,  it  is  no 
excuse  that  though  their  wants  might  be  large, 
the  means  ot  providing  them  were  not  sum- 
deotJy  large;  they  liyul  notkm^to  do  Wv  Xo 


Tml  qf  Thomas  Hardt/ 


tiisi 


signify  what  they  vraated^  and  if  they  M 
meant  to  supnort  this  convention  by  fofteia 
Sheffield,  in  the  most  disaffcMrted  plaec^M^f 
learned  triend  says^  that  existed  in  the  coon- 
try,  they  might  have  raised  an  armv  of*  piltt* 
men  ;  that  is,  suppoMng  they  had  Damkai 
sulhcient,  into  whose  hands  f  hey  mif^hfc  hsti 
put  them,  they  nii^ht  have  provided  ta 
thousand  pikes  in  the  course  or  a  day ;  and 
yet  this  plan  of  arming  for  the  support  of  tk 
convention,  which  IS  »tated^  I  think,  fo  kin 
commenced  so  early  as  the  yemr  I79il.  wfakb 
continued  from  that  time  dovrn  to  t\u-  Ifthflf 
May,  179*,  this  array  prep;  ipsI  tk 

government  of  the  country,  :  ^  '^  Hl'^ 
have  been  provided  vrith  ten  thmtsttud  linn 
in  the  course  of  a  day,  hiid  for  its  »o^povlJi 
more  than  three  dozen  of  pikes  ;  and  1 4»M 
know  whether  it  was  art  order,  «>r  only  ie» 
vernation,  aboiil  an  order^  for  sixty  nnolii 
for  the  Lambeth  Association,  and  Ihniflr 
four  French  knives*  The  a'  *  ^ai'm 
probability  of  the  thing  start  ttrte 

If  these  people  had  the  wiu,  mry  tud  ili 
means ;  and  you  are  to  try  whether  they  fail 
the  wilt;  you  are  to  try  whether  it  wn  ik 
intention  of  these  people  to  call  thu^  t^mv^ 
tion,  and  then  to  act  thetnselve?,  threap  tiiii 
convention,  by  force  of  arms;  nuw  if  joaiy 
them  making  no  preparation  for  this,  if  f» 
hn4  them  not  prepared  to  attack  »  nnr^ 
company  of  euafds,  if  it  x^esisted  them;  it  ' 
comes  incredible  that  they  should  cntf^U'i 
any  such  project.  In  most  cases  of  prrifi^J 
insurrection  that  we  know  from  hi*.tr  r  ^ ,  : 
collect  from  the  Stale  Trials,  there  is  tuhri  >. 
party  in  the  country  in  arni»  to  which  tiles' 
surgenls  can  immediately  attach  theOMtw^ 
or  else  there  are  preparations  fur  the  IcniB 
troops,  which  troops  are  to  be  collected, «» 
to  be  Ibrmed  into  a  body  at  the  time  tbil  tit 
conspirators  themseJvrs arc  to  rise;  bothei 
there  Is  a  convention  to  meet  immedittiT, 
and  yet  no  proof  of  that,  without  which  tlv 
indictment  cannot  stand  for  a  moment,  no  ymi 
of  any  levies  on  f(x>t,  nor  anv  prepaxaiEOfis^ 
raising  that  force  with  whicli  if  is  ytttmkA 
the  convention  was  to  act. 

Gentlemen,  another  witness  wbmi  Ibrr 
called  is  Samuel  Williams,  and  he  is  to  pnr<^, 
not  only  that  Mr.  Hardy  hail  provided  hioM 
wiih  pikes  to  enforce  the  decrees  of  this  t» 
vention,  but  also  that  he  had  etnbodiida  tt> 
of  nnisketeers  to  serve  under  it*  Ncwid*! 
does  that  evidence  amount  to  ? 

Mr.  Samuel  Williams,  who  is  a  guoea^^ 
and  by  that  means  connected  with  gtia-iBtilh% 
ordered  a  pair  of  shoes  of  Mr.  Haidy  at  the 
end  of  the  year  1T93 ;  he  wished  him  to  n^ 
agun(thls(faesnotmovo  from  Hardy  oriraoiUlf 
but  he  asked  Hardy  to  take  a  gun  ofhiiJL 
Mr.  Hardy  is  sup|tosed  to  be  a  tnan  who  hai 
at  this  time  in  his  mind  a  plan  fur  overtumilf 
the  government  by  Ibrce,  and  for  arming  dlh* 
this  convention  itself,  or  armi  raff  tt 

act  under  this  convention ;  th  >  r  theti 

^^Vvi^^iAk  asms^  If  Mr,  iiortn  nj«d  9BJ 


\" 


1J37] 


fir  High  Treaton* 


A.  D.  179*- 


[1I3S 


such  intenlioD  as  this  m  his  mind  he  w^uld 
havo  izaught  at  the  proposal  immediately  ; 
this  h  a  dir  opportunilVi  as  far  as  it  gucs, 
lber«  can  be  no  prelenic  lo  impute  any  thing 
to  tnc  in  bijvini>  this  j^un,  but  he  rehires  to 
fcbasc  it;  It  remains  with  hinj  n  fortnight 
hrc  he  can  fiml  a  chap  (vr  il:  «t  the  end 
itkdi  roriiii^ht  the  mfin  coming  ^igain,  :ind 
€r  I  uir  of  boots,  he  has  then  got  him 

a "  Now  is  that  the  conduct  of  a 

man  who  hail  such  a  design  in  his  mind  as 
this  iodiclment  impules  to  the  prisoner? 
for  be  iTUj»t  have  had  it  in  his  mind  at  this 
time,  if  at  all,  hccau^^e  they  s^>'  thai  the  con* 
•pi  inenccd  before  the  delegates  were 

5CI  Scotch  Convention ;  yet  if  Mr* 

li^juv  mm  jii  his  mind  the  nntiing  a  troop  for 
the  purpose  of  ^uppurling  this  convention, 
surely  he  would  have  caught  al  the  opportu- 
nity ot  providing  himself  with  arms  in  this 
way,  hut  he  dues  not.  A  fortniiiht  passes  be- 
fore he  could  get  rki  of  thi**  g4in»  und  after* 
ward^  upon  the  importunity  of  this  man^  who 
was  become  his  iiustomery  lie  gels  off  two  or 
three  mf*re. 

Then  Mr*  Hardy  is  to  be  affected  with  the 
business  of  Mr,  Franklow's  Lan>heth  Associa- 
tion* and  VVilliaips  says  1  hat  Mr.  Hardy  re  com* 
mended  him  to  Mr,  Franklow.— Why  it  is  nolo- 
rior  *'  ^  ^rinklow  had  dn  association,  he  made 
»>;  iL  himself;  those  who  belonged  ta 

hi> ,  ,f-,  .,ure  uniforms,  he  himself  appeared 
pubhcly  in  this  uniform  at  the  dinner  at  the 
Globe  ravern,  I  know  not  whether  the  asso* 
dation  was  a  proper  or  an  improper  o^e,  but 
certainly  it  was  an  oncn  and  avowed  associa* 
tion — probahfy  Franklow,  seeing  the  country 
full  of  armed  associations,  chose  to  have  one 
of  his  own.  Whether  he  had  a  right  lo  do  il, 
ornot,  I  d«>  not  say,  but  il  certainly  is  not  an 
•ctofli    ■  h.    Seeing  that  oilier  people, 

whom  I  no  belter  affected  than  him- 

seir  ^  ,.  Q^  armed,  and  drilled  Ihetn^ 

il  ral  t  hat  he  should  be  desirous 

ot  ^j  ,,r^  ..,.  ^5,uf,  especially  as  he  had  been 
in  tht^  army  hefore;  a  sort  of  esprit  du  corpt 
that  mi  lit  hr  liing  to  my  learned  friend.  I 
rci  i   being  in  arms,  and  acting 

as  indtT  him  [Mr.  Erskine]  at 

the  time  of  the  riots  in  the  year  1780,  and 
very  proud  we  were  of  our  arm s,  regim^ntaU 
W*  ha*l  not,  but  veir  proud  we  were  of  our 
muskets.  I  remetnoer  no  orders  from  go* 
^rnment  lo  do  this,  no  commission  from  the 
lord  lieult'naut;  but  as  olher  people  asso- 
ciated for  ift  ■  did 
itaiK);  anil  ncm 

cm*"  '■     ■"     '  I  tin:     yyny  ,     it    »u>    u     KliwWQ 

l>u  Mi'-rewere  pritttcd  orders  and 

rc^  ..-:.. uiii  he  went  puhij'  i*-  ^1*''*>»  i^  \>\* 

uniform,  lo  say  that  dc< 
tuni^i^  "lan  at  the  bar  recoil) r 
to  furiu>^h  Fnnkhiw's  association  waii  two  or 
three  guti.%  tliereforc  be  must  be  presumed, 
wilboul  Irtilh'-r  i>ruof,  tu  hav©  assisUd  in  rais- 
in a  lit  lid  nody  for  the  purpone  of  sup* 
ti%  this  ronventioo  by  force  agiuait  tlw 
VOL.  XXIV. 


established  govtrnment  of  the  country,  is  ll>e 
most  alaroung  proposttJon  T  ever  heard  in  a  | 
court  of  justice. — If  proofs  like  these  arc  lo  | 
implicate  a  man  in  the  highest  crimes,  by  , 
what  caution  can  inniKrence^ilself  Ite  secured 
against  such  a  perversion  t^f  evidence?  Merci- 
lul  God  !    how  do  we  expect  that  ihou  wilt ' 
look  npon  us  at  the  greal  day  of  judgmeni  if  j 
we  thus  scan  the  acts  of  our  feUow-treatiiref 
here  ?   Because  a  man  happens  in  communi- 
cation with  another,  who  is  his  customer,  lo  i 
recommend  him  lo  provide  a  few  muskets  ' 
for  persons  who   are  raising  an  association*  | 
which  might,  or  might  not  be  legal,  therefore- 
it  is  to  be  inferred  that  he  meant  these  guf» 
to  arm  this  convention,  or  their  troops,  fur  the  ^ 
purpose  of  waging  war  against  the  govera- 
mant;  it  is  a  monstrous  conclusion*  it  would 
be  too  disgraceful  a  thio.y;  to  insist  upon,  were 
it  not  that   there  are  oilier  circum stance s,  ^ 
which  1  know  the  solicitor- general  will  rely  " 
upon  in  his  reply,  and  from  which,  taking 
them  altogether  (for  no  one  of  them,  taken 
separately,  furnishes  any  colour  of  argumenl)*  j 
he  wishes  you  to  draw  the  conchisiou  which  ' 
Ibis  indictment  endeavours  to  affix  upon  the 
prisoner,  namely,  that  he  has  compassed  Iho 
Ling^s  death. 

Gentlemen,  the  next  witness  whom  they 
ca?i  is  Gosling,  and  Mr.  Gosling  is  one  of  ^ 
that  infamous  set  of  men  (fur  so  surely  I  may 
call  Ihem)  who,  having  no  means  of  support- 
ing Ihemsclvcs,  endeavour  lo  procure  a  live- 
lihood by  itisinuaiing  tiiemsclvcs  into  the  so* 
crets  of  others,  and  discovering  them  lo  the 
government;  I  do  not  say  thai  men  are  nut 
to  be  charged  with  acts  of  theirs  discovered 
by  spies,  but  I  say  that  a  man  of  this  descripr 
lion,  who  gives  evidence  against  persons  into 
whose  coDfideocc  he  has  endeavoured  to  in^ 
sinuate  bimselfp  is  to  be  heard  and  attended 
to  with  very  grc^t  caution  and  reserve ;  hi* 
value  rises  according  lo  the  imporlanre  of  his 
testimony,  he  is  a  more  or  less  vahialde  wit- 
ness according  as  the  acts  which  he  commu* 
oicates  to  his  employers  are  more  or  less  cri- 
mmal ;  be  b  interested  therefore  lo  enhanco 
them,  and  to  that  motive  it  is  that  I  altri* 
bule  a  great  deal  of  the  testimony  of  Gosling, 

If  a  man  of  this  descriplbn  goes  througli 
bi*^    evidence  fairly,  without  any    objection 
in  the  manner  in  which  he  civc» 
i  *ny;  if  be  relates  lo  you  a  pljuu, 

re- uiui ,  consisten t,  se ries  of  fk*ct«,  I  ;4 J         '    r 
you  ou^ht  lo  attend  to  liim.     But 
gfplN         ,  "         '       man  demcanc  I 
upon  iLiuation.     In   i 

aation   m  -hhi   uv   wa^  dueuL  he  • 
he  had  all  Ids  facts  read  v.  and  he  si.i 


nil 


,-Il.'    •      lillt    11. 


k  under  irr 
ilit  crosst 
id  .ibasher 
MJ  to  go  ih<  whfdetif  iu^  • 

I  iliedayw*  i;ntt  t>f  it ;  but 

I  remeuiber  he  sUlcd  ii*^^i  pcr- 

soiifty  whom  they  would  ,  1  i«^  j 

liif  guilt  of  ihfi  ^Uo)iu>  ^»iJi^  \\Vi\.'^AN 
4  \y 


llSg]        35  GEORGR  UL 

going  about  the  counlry,  to  corrupt  the  sol- 
diers, that  he  Imd  corrupted  a  considerable 
Tuimbcr  of  theni,  but  he  had  found  many 
who  stood  out  againal  him.  Now,  if  that  had 
been  tnie,  >ou  would  have  had  here  all  those 
soldiers  who  resisted  hiro,  as  witnesses;  there 
ct>uld  he  no  difficulty  in  caUing  them,  it  was 
an  *nisy  thing  for  government  to  have  col- 
lected who  the  men  were  whom  this  person 
had  unsuccessfully*  attempted  to  tamper  with, 
and  their  uol  bcmc  able  to  discover  any  of 
those  men  whom  ne  had  so  unsuccessfully 
attempted  to  corrupt;  there  not  being 
called  a  single  wiiness  of  that  descriptioo 
to  support  the  evidence  given  by  Gos- 
Jing  Ujion  that  subject  is  a  plain  proof  to 
nie  that  his  evidence  in  that  respect  was  not 
true ;  add  to  that  observation  upon  his  evi- 
dence, the  manner  in  which  ne  deported 
himself  upon  his  cross-examinatien,  the  diffi- 
culty my  learned  friend  had  to  get  from  hitn 
any  answers  to  the  plainest  questions  that  he 
put^  and  I  think  you  will  have  no  doubt  to 
sav  that  what  he  swears  unsupported  by  any 
other  witnesses,  spe»k*ng  directly  to  the  same 
facis,  is  not  deserving  ofany  credit  in  a  cause 
like  this. 

Gentlemen,  another  witness  of  this  des- 
cription is  Lynam^  his  evidence  lasted  five  or 
six  hours;  it  is  utterly  impossible  for  me  to 
go  through  It  literally,  but  vou  recollect  that 
.  lie  spoke  from  notes  he  had  taken,  in  which 
he  entered  short  memorandums;  he  had 
mistaken  a  ^eat  number  of  names  wliich  he 
had  entered  in  these  notes,  Curtis  for  Carter, 
&c,  as  far  as  they  went  they  were  full  of  mis- 
takes, and  there 'was  hardly  a  single  fact  that 
he  spoke  of  which  fixed  any  degree  of  crimi- 
nality upoa  Mr.  Hardy,  or  those  with  whom 
be  was  connected,  that  was  found  in  his  notes, 
but  he  related  those  facts  from  his  memory  j 
if  the  notes  of  what  he  wrote  down  are  so  in- 
correct as  to  confound  one  name  with  another, 
what  credit  can  you  give  to  his  recollection  ? 
He  tells  you  that  he  did  not  attend  to  the 
particular  persons  who  held  the  conversations 
of  which  he  speaks,  but  that  this,  and  thai 
general  couversation^  passed  at  these  meet- 
ings. 

Gentlemen,  I  will  tell  you  why  he  said 
this;  it  mi^hl  have  been  dangerous  to  be 
more  particular ;  be  might  have  ueen  contra- 
il ictcd  ;  and  any  thing  fliat  had  been  said,  by 
any  of  those  people,  he  knew  was  ruled  to  be 
evidence  of  tlic  general  plot ;  consequently 
what  he  stated  to  have  been  said  in  general 
conversation,  among  them  ^Aere  was  evi- 
dence.— Who  told  you  this? — Who  are  the 
people  thiit  used  these  expressions?  From 
whom  did  you  collect  that?  He  does  not 
know;  he  fhd  not  think  it  material  to  ob- 
scrvr.— What!  a  spy;  a  man  whose  busi- 
ness it  wa^  lu  collect  information  for  govern- 
mcut ;  a  man,  ♦rho  attended  the  meetings 
merely  for  the  purpose  of  coming  afterwards 
mad  giving  evidence  against  these  people — 
Did  QQi  he  think  it  mat^iAli  at  toe  time  j 


Trial  &fThmai  Hardy 


tIMO 


when  be  attendeil,  to  collect  the  nameiof 
tho^  who  said  this  or  that  psrticulcr  thii^? 
— Did  he  not  know,  that  there  was  a  greif 
deal  of  didcretice  in  the  degree  of  crimmalit^, 
in  those  who  said  a  thing,  and  those  who  wcie 
only  present  when  il  was  said }  Did  Dot  tut 
common  sense  tell  him  th^?— Oh!  no!  bepiid 
no  attention  to  that;  only  that  theconversatioir 
did  pass.  To  the  memor>*of  a  witness,  who  giTfs 
you  thisaccountof  hisattentioQto  such  matemJ 
conversations  as  he  pretends  to  describe,  1 
think  no  credit  is  to  be  given.^ — You  will  o^ 
serve,  whether  the  evidence  he  gives  of  any 
particular  facts,  is  confirmed  by  other  wit- 
nesses of  a  different  description,  and  to  whose 
testimony  no  objection  lies  ; — ifit  is,  you  will 
50  far  give  credit  to  him,  but  oIlierwiM  job 
will  not. 

There  is  another  witness  of  the  Lsmbelb 
Association  brought  forward  to  prove  this 
detestable  plot,  and  that  is  Mr.  Contcs, 
Frank  low's  apprentice.  The  account  h«  pnM 
of  this  Laraoeth  Association  b,  thftt  it  wts 
public,  that  Franklow  had  a  cartouch  box  is 
true,  but  that  cartouch  l>ox  lav  open,  with 
others,  upon  the  work  board ;  he  nad  regi* 
mentals,  but  we  heard  in  evidence  belbre^ 
that  he  appeared  in  them,  publicly^  at  the 
Globe- tavern. 

They  come  next,  gentlemen,  to  the  fvi* 
dance  of  a  ftfr.  Groves,  aiid  I  beg  your  pvtt« 
cular  attention  to  him. — Mr.  Grovet's  evi- 
dence had  two  objects;  one  was  to  show, 
that  Mr.  Hardy,  inVartherance  of  the  design 
which  is  imputed  to  him,  and  for  the  s^e  of 
arming  this conveotion,  which  w^as  Xi\  xti  by 
force  against  the  government^  h  'ud 

himself  with  French  knives. — At\^  i  xt 

was  to  show,  that,  at  a  naeeting,  held  on  ibe 
second  of  May,  at  the  Crown  and  Anchor, 
such  Un^a^e  had  been  held,  by  persons 
con ncctecT  with  Mr«  Hardy,  and  the  l^me 
society,  as  showed,  demonstratively,  thMtbey 
must  mean  to  overturn  the  king,  and  bii  ^ 
vcrnment. 

Now,  in  the  first  place,  let  us  see  htm 
Groves,  in  his  ex*nuiuation  in  ch'  •*'  --'-•fs 
these  facts.    With  respect  to  Ihr  (^ 

tells  you,  that  he  was  at  Chalk  it 

he  was  in  a  shed  with  at»out  ten  \  tt 

five  or  six  of  them  pulled  out  a  h  i  i- 

roent,  all  exactly  alike,  which  were  Fmich 
knives,  and  that  Pearce  was  one  of  tbem; 
that  somebody  said,  they  were  bre^  and 
cheese  knives,  and  then  a  smile  went  round; 
that  he  asked,  where  tli^  i-y 

said,  at  Green's,  in  Graf  & 

perfumer  and  hair-dre>>r  r ;  k 

after  he  went  to  buy  one;  fi:  it 

is  to  show  you,  that  Grceij  d 

number  of  these  knives,  f«  •/ 

arming  this  convention,  or  1 

that  he  hud  »old  them  o 

show,  thai  he  was  sensii  ly 

of  what  he  wfts  about ;    he  I 

him  he  had  sold  two  or  tlir* 
says,  he  told  mc  to  speftk  very  tow,  tw  Um 


]r4i] 


Jvr  High  Treason. 


A.  D.  17M. 


[1142, 


Mrlour  door  was  open,  and  his  wife  was  a 
OsxDbM  ariiilocnit.  It  is  evident  he  meant, 
that  it  aliuuld  be  inferred  from  hence,  that 
Green,  who  was  one  of  this  socitty,  hud 
plolUrd  with  Mr  Hardy,  fur  arming  this  mul* 
litude  that  were  to  support  thi;*  convejitioo  ; 
that  he  had  cotitrived  to  procure  these  knives 
fjTom  Stielheid,  fur  the  purpose  of  armiog 
them,  and  hud  already  collected  a  bodj  of 
two  or  three  hundred^  thus  armed. 

Anotlier  object  that  he  had,  was,  to  collect 
ihc  sense  ot  the  society,  from  what  passed  at 
the  meeting,  on  the  2nd  of  May,  at  the  Crown 
ftod  Anchor;    and  he   tells  you^   tiiat  Mn 
Home  Tooke  w;i$  there,  and  it  is  out  of  his 
mouth  that  he  collects  this. —  Mr.   Home 
Tooke,  he  says,  after  dinner  got  tip ;  he  ob- 
served, that  he  supposed,  one  out  of  fifty  of 
the  people  who  were  there,  might  be  consi- 
dered aa  spie^s,  and  to  ttiem  he  wished  parti- 
cularly^ to  address  him.self;    the  witness  did 
therefore  attend  to  what  he  said.    Mr.  Tooke 
desired  the  company  to  observe,  that  he  was 
Dot  in  a  state  of  inebriation,  tor,  having  some- 
thing  to  say  to  ihc  company,  he  had  refrained 
from  his  gla»s.     He  called  the  parliament  a 
scoundrel  sink  of  corruption ;  he  called  the  op- 
position in  parltamenta  scoundrel  »ink  of  oppo- 
sition ;  he  said,  that  there  was  a  junction  be- 
tween these  two  scoundrel  parties,  formed  for 
thcpurposc  of  destroying  the  rights  and  liberties 
of  the  country ;  he  spclce  about  the  heredi- 
tary nobility  of  the  country;  he  8!>ked,  il  that 
»kip>jack,  Jenkinson,  could  be  considered  as 
one  of   the    hereditary  nobility,       lie    was 
asked,  how  Mr.  Tooke  had  treated  the  Lords* 
he  said,  speaking  metaphorically,  for  whic* 
Ills  lordship,  I  remember,  cjrret tud  luin,  that 
he  had  paid  the  Lords  pretty  much  the  same 
compliment  tiiat  he  Inid  the  House  of  Com- 
mons;   from  thence  he  meant,  to  be  sure, 
Uiat  it  should  be  collected,  that  he  had  spoken 
of  it  as  of  the  Commons;  that  i»,  that  it  was 
m  sink  of  corrupliun,  and  ought  to  be  pmified> 
These  arc  the  two  main  facts  of  which  he 
gives  evidence^ 

Now  see  how  this  comes  out  in  the  course 
of  Uiecn)ss-ciamrnation,  Tirst,  with  respect 
10  Mr.  Tooke ;  yoii  remember,  that  the  ques- 
Uoa  here  is,  whether  tlie  prisoner  has  con- 
spired to  call  this  Convention,  for  the  purpose 
of   '  ibc  king,  and  that  this  witJiess 

WJ  .'  d   for  the   purpose  of  proving, 

Uui  iJij-ii.ige  hjid  been  held  indicative  of  an 
Uitention  to  overturn  the  government^  and  to 
dep'"^"  Hm  king;  and  that  this  (jro^'es,  in  his 
t^  in  thief,  stated  to  you,  thul  Mr. 

To'  ij  Apokcn  of  the  Tlnusc  ui  t.'om* 

pons,  and  of  the  House  of  1  ^  docs 

it  come  out  upon  bis  crob^  nun?   I 

naked  him,  leading  him  as  I  nugiit,  lie  being 
a  witnes'i  for  tbe  crown,  whetlicr  ^Ir.  Tooke 
bad  not  said,  that  the  hereditary  nobility  in 
the  country,  were  a  body  ever  to  be  respected  ? 
He  said,  yea,  he  had;  he  alwayii  had.  I 
uk(d  him,  whether  his  complaint  hsd  not 
bttD|  thftt|  by  comiptian^  improper  men  were 


f  wcrel 


vhc* 


draAed  otit  firom  the  House  of  Commons  int 

the  House  of  Lord?*,  by  which  the  Lords  ^ 
degraded.  He  aaki  his  coinplumt  wu»»  th) 
the  sending  ^uch  men  into  ttte  Mottle 
Lords  was  a  disgnnce  to  thr*^  who  Imve  her 
ditary  seats  there,  I  asked  him  then,  wli 
ther  he  did  not  speak  with  high  respect  and 
regard,  both  of  the  odice  antrpcrsoii  of  ih^ 
king?  He  said,  yes;  he  always  hud;  h 
spoke  of  this  as  trenching  upon  the  authoritj 
of  the  ktn£,  and  that  Ike  did  not  say  one  word 
disrcspecUul  to  majesty. 

Then  what  does  this  evidence  amount  to! 
— See  what  is  the  question  between  us. — W^ 
say,  that  the  object  of  these  men  was  rnereV 
a  parliamentary  reform;  that  they  wished  tot  I 
bring  about  annual    parliaments    and    uni*| 
versa.!    suffrage;    that  their   con>pUint   wos^ 
of  corruption  m   the    House  of  Commoris^J 
they  thought  a  parliamentary  reform  would  ^ 
reniedy  the   evil,   and    they   meant  to  cal^J 
a  convention    for   that    purpose.      On    thffi 
other  side,  they  say,  it  was  not  for  that  pur- 
pose, but  for   the  purpose  of  deposing  thai 
king;    and  they  call  a  witness  to  prove,  oull 
of  Mr.  Tooke's  mouth,  that  that  was  his  ob«] 
ject.     What  does  Mr,  Tooke  say  P    He  says,  I 
that  the  evil  la^  in  the  House  ot  Commons  y  J 
so  says  the  prisoner  at  the  bar,  and  so  hoi 
always  has  said;  so  all  iliose  that  ever  acted  j 
with  him  have  said  ;  that  it  was  the  corrup*J 
lion  in  the  House  of  Commons  which  had  * 
given  birth  to  the  evils  he  complained  of,  and' 
that    therefore    the     represcniatJon    in    the 
House  of  Commons  ought  to  be  reformed, 
VVe  say,  that  they  never  meditated  any  altera- 
tion in  the  House  of  Lords,  or  any  attack 
upon  the  king ;  so  says  this  witness,  who  is  J 
called  to  prove  the  contrary ;  he  swears  that ' 
Mr.  Tooke,  whose  language  they  are  making  ' 
use  of  against  Mr.  Hardy.,  always  said,  that 
the  heretlitary  nobihty  of  the  country  were  a 
respectable  body ;    that  bis  complaint  was;,  ' 
that  members  of  the  House  of  Commons,*^ 
who  did  not  deserve  it,  were  removed  intti 
the  House  of  Lords ;  that  the  king  always 
deserved  respect ;  and  yet  this  witness  is  call* 
ed  to  prove,    and    that  from    Mr.  Tooke *s 
mouth,  that  the  object  of  this  convention  was 
to  dothrone  the  king* 

Consider,  gcntlemeo,  how  very  strong  this 
e%*idcnce  is  for  us,  when  it  comes  out  of  the 
mouth  of  the  pr«^>sccutor*8  witness,  —  We 
admit,  that  the  object  was  to  induce  the 
House  of  Commons,  hearing  the  general  sense 
of  the  people,  to  reform  the  represcntttion. 
This  is  the  opinion  of  Mr.  Tooke ;  this  is  the 
language  which  he  held,  and  which  he  held  in 
the  presence  of  that  spy. 

These  observations  go  completely,  not  only 
to  put  this  evidence  or  Mr,  Groves  out  of  the 
case,  as  bearing  upon  this  cause,  but  they  ga 
farther,  in  two  rcsp^'cis.  First,  they  go  to 
^how  (and  I  am  entitled  to  the  full  itreuglh 
of  that  applicntjon  of  them)  that  the  object, 
and  the  only  object  of  these  people,  was  a  • 
reform  in  the  House  of  CommiOiitv  ^J>3^^  ^' 


■^ 


1143]        35  GtOHGE'lU. 

tnan,   chirgcd  to  be  connected  with  thcra 

in  this  conspiracy,  did,  in  iheir  face,  abso- 

llyicly  negalive  uny  dciiien  upon  ihe  king,  or 

Vthc  ilr>vivc  i*t  Lord!>;    that  lie  confioea    his 

Nomphiinib  lu  the  Hom*e  of  Commons;  that 

I  he  spoke  with  rt'.pcci  of  the  person  and  of 

[ihc  offire  of  the  king,  and  yet  this  witness  is 

kc^Ucd  lu  prove,  timt  Uiey  wished  to  drive  the 

[king  out  of  h»s  plare  in  the  constitution;  he 

|,f  rovp5.  the  dirtfct  contrarj*;   he  proves,  that 

Ithe  object  of  aJl  thv  people  there  assembled, 

1  »p<>kcu  l>y  Ihe  voice  of  Mr,  Tooke  (I  &ay,that 

[  "^as  llic  tihjcci  ol  them  all,  tiecause  none  con- 

)  tTBdiittd  hmi)  wiLS,  lo  maintain  the  dignity  of 

'  ""^  :  IJouse  f»f  Lords,  and  to  maintain  the  per- 

land  dignity  of  the  king. 

Genticnien,  that  is  not  the  only  use  of  the 

f  crideiice  of  this  man ;  it  fVirni^lics  ns  with  a 

ijearfid  example,  how  much  mischief  may  Ijc 

rdone  by  llic  evidence  of  spies;  wc  have  no 

I  meann  uf  corrcclmg  their  evidence;  we  know 

r Sot  what  will  be  the  cout'^e  of  it;    we  have 

f&ocliie  Ui  <  rasit^ex^mim^  ihem  ;   and  it  wus 

mere   accident,  that   his  lesltmony  did   not 

'  leave  upun  your  mind;^  the  inipressioUf  that 

\1t.  Ti/oke*  in  this  large  assctid»ly,  had  de* 

^ared    himself  against   both   tht   House  of 

Comitioh?^,  ititJ  the  Ihitifc  ot    L<>rd^;     fur  he 


Tr4til  nf  ThamoM  Hordg 


tllM 


expres-iy  !<^id,  ai  first,  that  he  complimented  [  the  account  that  ( 


however,  was  his  ohject,  and  I  will  show  ] 

it  was  his  object,    f  observed,  Ihat 

part  of  his  evidence  went  to  show,  ituitOnKli 

was  a  conspirator  with  the  re*i   m  ihi>Dlot: 

that  he  had  conspired  Cu  a^^i 

tion  hy  force,  and,  in  the  pr* 

ronsniracy,  had  already  H>id   two  or  Uifi« 

hundred  'knives,  for  the  purpoae  of  acmittg 

the  coot pirators. 

Groves  says,  he  went  to  Or^n%^§ot  te 
purpose  of  pu-  '  '    'ato  InihitJ; 

that  all  was  ^«  > mio  myc 

JIOW,    for   the    jijnvnn    ii'jujt    "Ar^M|^»CO,    100  fell 

Wife  was  a  damri'd  aristocrat.  Now  tbe  oiilj 
object  that  he  could  have  in  so  repre««nll]is 
the  Ihin^  was,  \o  make  you  bthcvc,  thit 
Green  sold  these  knives  in  private.  Orptfi  u 
at\erwards  called,  as  a  witness  for  Ibe  crowo, 
and  what  is  the  account  that  he  giv^t  i»f  thkl 
He  tells  you,  that,  in  the  fair  and  oi^ifiify 
course  of  traile,  be  had  three  dozen  of  tbfK 
knives,  and  he  had  sold,  I  think,  lUntetQw 
fourteen,  each  to  a  different  pcr>on;  b«  M 
Ibcm  H-ntlo  Uim  it 
in  a  puf  kuge  ;  he  ^ 
Mr^  Hardy,  but  U.^ 
Grovcs»'s  evidence. 
This  evidence  i«i. 


^PfJyl* 


Villi  I    Sl'f 


»n^i«.tfnn 


the  House  ol  Lords  in  the  same  way  thai  be 
did  tbe  House  of  Cum m cms,  and  so  wc  should 


may  not  « fleet  Gr 


r>ecniit, 


thuugti  Ihts  is  the  Iniiii,  Urrrn  tit^  |lt»t 
have  been  fixed  with  thi*%  imptiiaiion,  that,  given  a  diftbrent  accuunt  to  Groves  Willi  t 
sitting  at  dinner  with  Mr  Tooke,  and  five  i  view  lu  asuortain  thai,  he  i^  a^ked^  didjM 
hundied  people,  all  of  whom  are  attempted  to  I  ever  tell  Groves  you  bad  ftold  two  wl' 
be  connected  in  this  plot,  wc  countenanced  a  ,  hundred?— U!  never  1  he  asked. 


doctrine  wliic  h  was  publicly  broached  in  thai 
assembly,  that  a>l  the  Ijords  and  Commons 
were  a  sink  of  corniptiunt  and,  cun%cquciUly, 
that  an  alUick  waa  levelled  at  them  all ;  what 
a  situaliou  tljcn  would  my  client  have  been 
in,  from  our  not  knowing  how  to  examine 
the  witness  *  from  our  not  knowing  how  to 
lead  him  to  the  truth,  which  he  kept  hack, 
and  which  he  knew  to  be  material,  and  which 
h«  ought,  tip<ini  his  oath,  to  have  told  upon 
his  examination  in  chief;  from  our  not  hav> 
iug  the  clue  to  his  cross- examination,  that 
man  at  the  bar  mipjht  have  been  condemned 
to  the  eiueme  punishment  of  high  treason. 
None  but  a  spy  so  demeans  himself;  non«? 
hut  a  dishonest  man  ;  none  hut  a  miscreant^ 
like  hijn,  keeps  back,  in  his  exannnation  in 
chief,  all  that  be  thinks  will  make  for  a  pri- 
soner, iind  delivers  all  that  is  against  hnn. 
I  am  entitled  to  say  he  did  so ;  and  from 
thence  entitled  to  caution  you,  how  )*ou  credit 
tbe  testimony  of  sticb  witnesses,  unless  you  I  of  the  crown'*  win 
find  Ibfir  evidence  confimied  by  other  wil- 
nesb  i^t  to  the  same  fact. 

< '  -  I  have  not  <lone  with  Groves 

TCt ;  ;i  I!  sirrii  L':\fdly  not  only  of  a  »U|V 
|*fe^sion  U  \he  UxnU,  ijut  tie  has  been  piiltj^ 

of  dirtct  ptrjury  ,    it    jjt.i-- -     -    !  ted  by 

liim,  for  tlie  purpose  «^  ^  own 

value  With  those  by  whin..  .,.  _  ^...^^wyed,  at 
the  pric«  of  that  man's  liic :  a  erime  mkh,  1 
mm  ¥^ty  to  9^y^  b  out  in  law  mufder ;  tliat. 


were  a  saleable  commodity  i  I  ki 
To  be  ^urf,  every  man  will  t.  " 
bis  own  wares;    there  Or 

c*  J  n  trad  ic  led  -     l>  ^ '  * -  ■  ^ 

ing   any  apprelc 

NothioL'  tii'^,11  .M, ...  ,   .....  .. :..  - '. 

in  the  ^,  open  i«>  lb< 

public,  ^  LiLicieof  *ate;  at 

telUyuUf  tiiiAt  he  sold  to  hini»  privatrlVf 

would   not  let  even  bi^  wife  know, 

sold  one  oi   tbc^stf  knives.     But  herr  * 

him  to  a  direct  fact*    Gnive^  "^y^.  tn  t« 

that  Green  told  hitu  (Gro 

was  a  damn'd  iLn!»iocrat»  ar 

t  o  s ( jeak  so  I  out  1 ,  Ikcs  i  =      ■  u  kh 

open.  Now  Oretn,  a  ^^ 

culled  by  the  crown* 

not  obly  (hat  he  «iid  i 

imputedf  to  him  by  Gr» 

netlber  mentioned  bi^ 

tlic  Wijrd  Aristocrat,     i 


contradictmgsnoO 
as  to  a  ver^ 
that  these  i 

ail 


aiHl  men  wi 
knivt.>.     Yi 


mpncMTiy  iM 
latn  m  |i»n 


gjtild 
■■User 


jy  High  Tftasan* 

dcftvouiiog  to  Oi&iingui^h  between  aristocints, 
ttid  those  who  hud  trench  knives ;  that  his 
wife  wft«  not  lo  Mr  hiin  f>*A\  these  knive«,  be- 
cause she  w;v  ;  rijilocrat,  meaning 
|^i»t  Orecii  (lerslootl,  th»t  he 
lid  these  knives  to  jirrvn^??  u1  a  contrary 
ription,  bin  would  not  have  her  know  it, 
,u*c  she,  being  ot  diflVrenl  principle?, 
i^ould  disapprove  ol  it.  Wiih  these  ob^etva- 
liODft  I  disimsft  ibis  wilnefta ;  he  not  only  does 
not  prove  any  thing  thtit  would  be  advantage- 
ens  to  the  cruwn^  bul  bh  evidence  is  material 
lot  the  pri^^ner^  and  he  furnishes  you  with  a 
itisoOp  wliich,  I  hope,  you  will  not  forget^ 
%hen  you  are  to  decide  upon  the  evidence  of 
persons  of  his  description. 

I  hiivc  douc  with  so  much  of  Green's  evi- 
dence aft  relates  to  the  contradiction  to  Cr6ves^ 
But  lliere  is  another  thing  which  Green,  a 
wiUie»%  tur  the  crown,  swears  to,  and  which 
fidU  10  witti  the  res^t  of  our  evidence.  lie  is 
tsked,  whether  he,  being  a  member  of  this 
society^  and  acting  with  them  upon  many  oc- 
casions, wheUier  he  had  any  idea  that  this 
Society,  or  any  dcpulalion  from  thtm,  or  any 
convention  to  which  they  sent  delegates,  was 
either  to  attack  the  person  of  the  king,  or  to 
effectuate  any  of  their  opinions  by  force  of 
arms  ?  He  tells  you,  in  express  terms,  no,  not 
a  man  of  us,  had  any  such  object ;  our  object 
wan  parliamentary  reform ;  the  means  by 
-which  we  were  to  effect  that  parliamentary 
nforru,  not  being  able  to  effect  it  by  peli- 
lionspwa*!,  by  a  coovcniiou,  to  act  peaceably. 
It  was  first  U>  collect  the  opinion  of  the  public, 
«md  then  to  represent  it  to  parliament.^ We 
linpfd  and  bcheved,  that  that  would  turn  out 
to  tie  the  pubhc  opinion,  and  that  the  public 
opinion,  being  so  pcaeeably  rep  reset!  ted  to 
parliament,  wuutd  liave  its  due  weight. 

Then,  gentlemen,  after  these  witnesses, 
who  go  lo  the  prrKjf  of  what  had  passed  iu 
England,   il  '     vour  to  implicate  us  in 

tiic  guilt  ot  '  l»as  been  lately  executed 

for  liigh  ir^M.i,,^  ^i  ]  r  i  »,  j^^j  fj^^  n^at 
purpose  they  call  Mr  There  is  no 

■way  by  which  they  lU  -..  t -....ctt  tl*rdy  with 
DVatt,  except,  I  ttunk,  that  a  Idler  was  sent 
lif>'  HiirJ\  tu  Skiriing,  wliu  was  a  member  of 
li  which  Watt  belonged  ;    and  in  a 

t  11   between  Watt   and    Stock,    at 

1  it  appearecK  that   WhII  was  de- 

i-i  nrlmg  a  letter  to  llafdy,  and  com- 

mu4utiiud  with  Stock,  how  he  might  send 
that  letter,  without  saying  what  it  was  al>out; 
but  no  such  hotter  Hppe^trs  ever  lo  have  been 
aeut;  what  the  subject  was  upon  which  ite 
Hi  ttj    correspond  with    him*    doe?*    not 

ipcttr  ;  and  yrt  it  is  in  evidence  to  you,  that 

1  »k*-  Urr,  .v*it,  ,1  ,.^rc  «vcnt  io  Mr,  lUrdy,  I 
,   that  it  appears  in  evi* 
*^'  ,    fitjt  there  is  every  reason 

to  suppoisc,  thai  ah  the  leilor**  which  were 
«ent  to  Mr»  Hardy,  upon  \\m  Mibject,  weft- 
9tiz*id  bv  Ihc  crown ;  so  that,  I  think, 
rtiay  fairly  infer,  that  no  such  letter  was  !>c 


b  no  aridcoce  m  the  evude  to  tbow^ 


«      but 
I      sent 

m 


that  he  personally  knew  that  any  such  malt 
as  Walt  eitisted,  and  vet  it  is  endeavoured  lo 
affect  him,  by  what  vVatl  did  in  Editvburgh, 
though  none  of  the  deli  _  "  '  .  sat  with 
Willi  there,  arc  otlempttMl  ted  by  it. 

Who  IS  this  Mr.  Wiiu-  >>  ,,>  v^  ^It  was  a 
spy,  employed  by  govcTtiment,  up  to  a  certain 
cvtcnt;  he  was  discharged  by  Ihem  from  that 
employment,  1  believe,  because  he  over-valued 
his  services;  so  it  appeared,  1  understandf 
upon  his  own  trial ;  being  discharged  by  go- 
vernment, he  continues  lo  associalc  willi  the 
Scotch  Convention »  and  he  makes  a  violent 
prv)posal  there,  which  all  who  were  present 
reject ;  I  do  not  mean  that,  in  the  convention, 
he  made  the  proposal;  but  among  some  of 
the  members,  he  made  a  propsal,  which  all 
who  were  present  instantly  rejected. 

Now  I  will  Icli  you  what  I   firmly  believe 
lo  have  been  the  case*    Watt  had  been  a  spy ; 
he   had   carried   communications  to  govern- 
ment; he  pretended,   perhaps,  to  know  more 
than  he  did ;   he  over- valued  llie  communica- 
tions he  did  carry,  and  therefore  was  discarded; 
he  still  fixed  himself  upon  these  men,  who 
did  not  know  that  he  had  been  a  spv,  and 
kept  company  with  him ;  and  I  do  verily,  in 
my  conscience,  believe,  that  be  nmde  this 
proposal  to  them  with  a  view  to  carry  the  in* 
formation  of  it  afterwards  lo  goveriunent»  and 
then  to  bans  these  men,  if  he  coidd  |*cl  them 
to  agree  with  him.     I  believe  that  to  be  the 
case  ;  I  believe  him  to  have  been  a  determined 
miscreant,  and  I  am  not  sorry  tliat  he  was 
hanged,  if  that  were  the  case,  because   he 
j  justly  deserved   it ;    but   having,    as  a    spy, 
carried  information  lo  government ;  having 
I  required  a  higher  price  for  hi*  services  than 
]  government  thought   he  deserved,    he  had 
been  discarded ;  he  afterwards  goes  back,  and 
I  makes  this  proposal,  which  was  rejected  with 
I  abhorrence  by  them,  and  I  do  verily  believe 
I  he  made  this  proposal  for  llie  sole  purpose  of 
!  implicating  them  mthe  guilt  of  such  a  project, 
.  that  be  might  carry  the  information  lo  go- 
I  vemment,  and  thereby  show  he  wa^  wortTiy 
'  of  bis  hire ;    that  he   mi^hl   show  he  was 
I  worth  the  price  he  asked.    Now  take  it  either 
I  way;  thai  he  really  meant  to  acconiph^b  thi* 
I  project,  or  that,  not  meaning  lo  accomplish  it, 
I  ne  wished  to  draw  olher  peifpic  into  it,  for  the 
sake  of  sending  Ihem  to  the  gallown,   he  hftt 
)  met  Ihe  fate  he  richly  deserved. 

But  observe  another  thing,    Wnttistobe 

connected  with  Mr,  Hardy.     How?    Through 

'  the  ^cukh  Convention;  because  Mr.  Hardy 

^  eorfes|Mmded   with    the  Scotch    Convention, 

and  because  Watt  was  a  member  of  that  con« 

ventton,     Gom]   ( iod !   huve  they  attempted 

to  fijc  this  guiJt  •"•■'  '^  °"v  of  the  delegvilcs  to 

Ihe   Sc*)tch   C  ,    encept    Ihont?    two 

individunK     '  ,1    |)o\Mnr  ?-   t  .nvem- 

meut  h.i  d  nil   tbr  its,    I 

?ui»py*t'.  1 1  ran  lo  fni  r  high 

i .  and  yet  nut  one  of  thete 

in  Watt  was,  aloneUtwt, 


.VaPt     i 


1147]        35  GEORGE  UL 

higU  treason. — Why  ?  because  the  high  treason 
ofwhich  W^alt  was  giiHly,  consisted  of  a  Tact, 
in  which  they  had  no  parlicipation,  and  much 
less  had  tl>€  prisoner  any  participation  in  it. 
Hecoliect  wlial  is  the  account  M*Ewan  gives, 
tvhen  this  project  was  proposed  to  him  by 
Watt.  He  says,  that  they  reieclifd  it  with  ab- 
horrence. Then*  if  those  who  were  ypon  the 
spot  rejected  it  with  abhorrence  ;  if  no  imme- 
diate communication  upon  the  subject  is 
proved  between  Watt  anil  Hardy,  will  you,  by 
a  long  chain  of  imphcation  and  inferences,  fix 
that  upon  Mr  Hardy,  which  tlic  officers  of 
the  crown  do  not  pretend  that  they  can  6x 
upon  those  who  were  immediately  connected 
with  Watt,  the  actor  in  it?  Il  is  impossible  to 
suppose,  that  men  of  common  justice,  and  of 
common  humanily,  can  enlerlain  such  a 
thought 

Another  observation  arises  upon  this  evi- 
dence of  Mr  M*£wan  ;  be  is  a  Scotchman, 
mod  he  was  a  member  of  the  Scotch  Conven- 
tion, and  vuu  have  heard  from  him  what  he 
thinks  of  tne  Scotch  Convention^  and  I  think 
you  have  reason  to  believe  from  the  manner 
IQ  which  he  gave  his  evidence  that  you 
receive  from  him  his  real  sentiments  upon  all 
the  subiecls  upon  which  he  is  questioned, 
and  a  irut  relation  of  all  the  facts  tu  which  he 
was  examined;  was  there  any  difficulty  in 
getting  from  him  this  account  of  Walt?  Did 
jaot  he  nuntediatuly,  upon  being  asked,  com- 
munlcale  the  whole  hlory  f  Did  not  he  express 
his  own  abhorrence  of  it  ?  I  believe  he  came 
voluntarily  to  give  this  account;  I  am  sure 
the  contrary  does  not  appear  in  the  cause,  and 
I  am  entitled,  as  counsel  for  the  prisoner,  to 
uisisl  liiat  no  fact  exists  which  is  not  proved. 
The  witness  came  forward  in  the  ordinary 
course,  and  therefore  I  am  entitled  to  suppose, 
that  coming  forvnard  in  the  ordinary  course, 
he  did  il  voluntarily,  in  order  to  state  facts  to 
you,  upon  which  you  will  have  to  reason 
vrhcn  you  come  to  consider  what  verdict  you 
wU!  give.  When  I  say  that  no  compulsory 
means  were  used  to  bring  this  witness  to  the 
bar,  it  is  not  because  it  is  material  to  me 
whether  it  be  so  or  not,  yet  still  I  am  entitled 
to  make  that  assumption. 

Now  what  is  iht  account  he  "ives  of  the 
whule  of  this  business?  and  here  I  am 
answering  that  part  of  their  c^ise  which  en- 
deavours to  imphcatc  us  in  the  guilt  of  those 
persons  al  Edmburgh.  He  states  that  there 
was  no  idea  of  irencbing  on  the  authority  of 
the  King,  or  Lords;  that  there  was  no  idea  of 
assuming  the  Junctions  of  parhament;  that 
nothing  was  to  be  done  by  force,  and  the 
very  night  on  which  they  were  dispersed,  it 
apiMiars,  they  had  considered  upon  petitioning 
eitaer  IJie  parliament,  or  the  king :  tlien,  if 
that  were  the  ciise,  what  becomes  of  the  cliarM 
against  the  prisoner  ?  If  in  all  this  vast  field 
01  evidence,  which  they  have  taken,  they 
cannot  prove   any  design,  hy  mciins  of  this 


Triai  of  Thamat  Hardig 


[fUfl 


Haidv,  who  was  not  directly  impHcatad  cna 
in  what  that  convention  really  did?  TW 
charge  agamst  him  i»,  that  he  conspired,  wib 
others,  to  call  a  conveotion,  which  coofM* 
tion  was  to  act  by  force  of  arms  azainslthe 
euvernment  of  the  country,  and  to  depoeetlM 
king.  Surely  the  proceedings  at  Ediubio^ 
furnish  no  proof  of  this  sort  against  him, 

I  obferve,  and  I  dare  say  the  factwillbt 
relied  upon,  by  the  solifUtor-generat  io  replv, 
that  all  the  witnesses  who   have  been  q«»> 
tioncd  to  these  circumstances  (their  witDMa 
as  well  as  i>urs)  were  asked  by  tt&e  aUonie^ 
general,  whin  her  they  thought  c^ertain  \ 
tions  that  were  shown  to  theoi  were  \ 
and  orderly  \    Some    had    seen   ihein.  iw 
had  noh    Now  I    have   nothing  to  dovjih 
Iheir  opinion  upon   the  point,  whether IfaeB 
resolutions  were  peaceable   or  orderly,    tm 
question,  in  this  cause,   is  not  whether tloi 
people  had  come  to  peaceable  and  ordetlf  l^ 
solutions;  but  the  question  is  whether  Ite^ 
have  committed  an  overt  act  the  direct  o^iu 
ofwhich  was  to  depose   the  king,  and  Ik 
ultimate  object  of  wiiich  was   tu  bring ikrt 
his  death ;  that  is  the  question  for  your^dtf* 
mination.    And  it  is  very  hard  upon  tlMjA- 
soner  if  du$t  is  to  he  thrown  into  theijaof 
the  jury,  by  endeavouring  to  fix  Iheir  a:ifSUtt 
upon  facts  which  do  not  amount  l<»iiiiacltf 
high  treason  (for  if  one  act  does  not,  all  lite 
together  cannot)  for  U»e  sake  of  prevoitiii? 
them  Irom  looking  directly  to  that  mtxt^  » 
alone  the  object  of  their   inqmry,  vmt^r 
whether    this    prisoner    did    eouspirv*  •«* 
others,  to  destroy  the  king,  when  they  iireri 
to  call  a  convention?     And   it  matters  w< 
whether  this  report  of  ttie  secret  comnutlsi 
be  full  of  obno&ious  and  ofiensive  resoltitiooi; 
it  matters  not  whether  they  are  eujityofw 
the  other  crimes  in  the  cataJoL:       ^      '  iiTiml 
law:  tlie  sole  (juestion  is,  wli  t..tt 

been  guilty  of  high  treason:  i,i*cL.ici  w 
meant  to  call  this  convention  for  the  purp»t 
of  deposing  the  king?  Aud  when  you  ist 
every  one  of  the  wiUiesses  for  the*  09*8. 
whether  they  bad  any  such  inlentioo:  wbtt 
thev  tell  you  in  plain  direct  words  thattlv; 
had  iio  such  intention ;  that  their  views  wsi 
peaceable,  and  that  they  meant  only  to  ^ 
duce  a  parliamentary  reform,  by  raJiog  ifctf 
convention ;  you  arc  not  to  bt  "  li}  *fl 

accumulation  of  all  these  act^  i  ?<-f" 

haps,  but  not  one  of  them  ainoTuuuj^  tu  w 
overt  act  of  treason)  to  find  the  pnsuoc! 
guilty  of  so  hi^h  a  crime,  because  you  dii»p- 
provc  of  his  politics,  or  because  you  disappivtl 
of  some  of  his  conduct,  Thank  God !  tntt  il 
not  the  way  in  which  a  prisoner  is  to  be  trird 
in  tliis  country  I— You  are  to  keep  vour  cytlo 
the  fact  with  which  be  is   l;  lot  to 

in(|uire  whetlier  he  is  guilty  ^  .  i^s^^-i 

misdemeanors;  whether  he  is  ct 
this  or  that  set  of  men ;  whcihei   . 
are  such  as  you  or  I  should  approve,  ta 


convention  in  Scotland,  to  depose  the  king  hy    whether  he  has  been  guilty  of  the  crime  »fli^ 
ibree,  what  becomes  oC  \h©c\kT^<ea^\\i'iV^i.WW.U  be.  sUnds  charged,  namc^,  wj^tlnet 


his  project  of  ft  convention  was  directed  ini' 
niedialfjlv  to  the  deposition  of  the  king,  and 
ultimatefy  to  his  death,  and  if  you  do  not  find 
tlial,  you  cannot  find  the  ^vrisoner  guilt?- 

Gcntlemon,  I  have  already  observed  upon 
Ihc  iniserahle  rase  that  is  made  on  the  subject 
of  arms,  muskets,  and  pikes,  and  I  am  per* 
fectly  persuaded  ttiat  that  part  of  this  case 
frould  never  have  been  laia  before  you,  if 
those  who  conduct  this  pro«ccution  had  not 
entertained  a  tirm  and  certain  opinion  that 
without  it  they  could  do  nothing ;  such  evi- 
dence weakens  a  strong  case ;  it  is  of  a  nature 
to  add  nothing  to  the  strength  of  a  case  that 
coutd  stand  by  itself;  but  we  know  very  well 
that  in  a  certain  stage  of  a  cause,  when  it  is 
Ibuiid  that  there  is  not  sufficient  to  fix  that 
charge  upon  the  prisoner,  without  fixing  which 
there  must  be  a  verdict  of  acquittal,  anything 
ii  attempted.  Hence,  arose  the  attempt  to 
fix  Mr-  Hardy  with  the  acts  of  Watt;  one's 
mind  revolts  at  it,  and  I  am  sure  it  would 
fiever  have  been  attempted,  if  it  had  not 
been  thought  necessary  to  the  support  of  this 
cause. 

Gentlemen,  I  lold  you  before  I  had  the 
best  authority  for  saying  that  the  delegates  in 
Scotland,  none  at  least  of  them  but  Watt  and 
Downie^  had  bet*n  ^lilty  of  high  treason.  I 
have  the  best  authority  for  saying  that,  because 
I  have  the  anlhority  of  those  who  prosecuted 
them  for  a  misdemeanor,  and  of  the  judges 
before  whom  they  were  con\^cted  of  a  misde- 
meanor. If  they  were  known  to  be  guilty  of 
high  treason,  and  yet  were  prosecuted  for 
misdemeanors,  it  was  not  humanity  so  to 
prosecute  them ;  true  humanity  is  to  be  shown 
to  the  innocent,  and  not  to  the  guilty ;  the 
gtiilty  should  be  punished  up  to  the  extent  of 
their  crimes,  but  if  these  men  were  known  to 
be  guilty  of  high  treason,  and  yet  were  prose- 
cuted only  for  misdemeanors,  that  prosecution 
becomes  a  snare  to  others  ;  it  holds  out  to 
them  that  acts  of  this  sort  are  not  high 
treason,  it  waits  for  their  going  on  perhaps 
till  they  have  accomplished  the  act,  and  then 
the  net  is  thrown  over  them ;  they  arc  told, 
this  was  a  trap  laid  for  you,  we  knew  that 
those  others  had  been  guilty  of  high  treason, 
but  we  thought  if  we  punished  them  as  trai- 
tors, yoti  would  not  go  on  ;  you  have  gone  on, 
ftnd  now  you  must  take  the  consequence ;  it  is 
nothing  to  you  how  we  proceed  against  other 
men ;  we  will  proceed  against  you  as  the  law 
is — we  will  proceed  against  you  for  high 
treason,  nlthaugh  we  proceeded  against  them 
only  for  misdemeanors.  1  say  that  is  not  true 
humanity;  those  persons  who  had  been  guilty 
of  high  treason  should  hate  been  punibtied  as 
traitor*,  and  a  trap  should  not  have  been  laid 
for  those  who  at  that  time  were  innocent  of 
I  it  J  hnmanfty  should  have  been  shown  to 
those  who  hail  not  been  then  guilty  of  crimes, 
I  snd  nut  to  thofo  whti  had.  I  do  not  say  that 
j  thiA  wus  the  conduct  cither  of  the  prosecutors 
i  of  these  delegates,  or  of  the  judges  who  tried 
I    ifaom^  but  i  am  eatitled  from  their  conduct 

m^^ . 


10  a»?ert  this,  that  they  did  not  believe  them 
to  be  guilty  of  high  treason,  and  that  they 
prosecuted  them  only  for  misdemeanors,  l>e- 
cause  they  knew  them  to  be  guilty  only  of 
misdemeanors. 

Gentlemen,  I  have  slated  to  you  the  crouml 
upon  which  this  prosecution  is  foundcrT ;  it  is 
compassing  the  kind's  death.  I  have  stated 
to  you  that  which  I  beg  yuu  always  to  hold  in 
your  minds,  that  the  fuundation  of  this  prose- 
cution is,  tliat  the  prisoner  called  this  conven- 
tion for  the  purpose  of  deposing  the  king.  I 
have  stilted  to  you  that  none  ot  those  acts 
which  are  contained  in  the  volume  of  written 
evidence  that  lias  been  laid  before  you,  amouni 
to  proof  of  that  fact.  I  should  have  stated 
beibre,  it  was  an  omission  that  I  did  not,  but 
I  will  now  stale  to  you  what  1  a]:;prcheud  to 
be  the  overt  act  charged  in  the  indictment^ 
and  relied  upon  in  proof  as  fixing  this  crime 
upon  the  prisoner;  it  consists  in  ihc  resolu- 
tion for  calling  a  convention ;  the  crime  im- 
puted is,  that  he  resolved  to  call  it  for  the 
purpose  of  deposing  the  king. 

Kow  I  t^egyou  to  hear  the  language  of  that 
resolution,  as  it  was  ultimately  agreed  to — 
"  That  it  appears  to  this  committee  very  de- 
sirable that  a  general  meeting,  or  Convention 
of  the  Friends  of  Liberty  should  be  called,  for 
the  purpose  of  taking  into  consideration  tho 
proper  methods  of  obtaining  a  full  and  fair 
representation  of  the  people,"  that  is  the  overt 
act  with  which  the  prisoner  is  charged*  Why 
then,  gentlemen,  the  professed  and  avowed 
object  of  this  convention  by  those  who  resolv^ 
ed  that  it  should  be  called,  was,  not  that 
it  should  take  arms  into  its  hands,  not  that  it 
should  entertain  others  who  had  arms  in  their 
hands,  but  merely  that  it  should  take  into  its 
consideration  the  proper  melhods  of  obtain- 
ing a  full  and  fair  representation  of  the  people. 
This  is  the  language  which  they  hold  through- 
out all  their  resohitions,  and  i  msistthat  there 
is  no  direct  evidence  on  the  part  of  the  crowa 
which  shows  that  this  is  a  mere  pretext.  I 
shall  come  presently  to  that  part  of  the  case, 
and  to  the  grounds  tliere  are  for  saying  this 
was  not  a  pretext ;  at  present  I  am  only  consi- 
dering how  the  evidence  for  tlie  crown  have 
made  out  their  case ;  upon  this  part  of  the 
caae  you  must  believe,  before  you  convict  the 
prisoner,  not  only  that  there  was  force  pre- 
pared, but  that  it'washis  intention  that  this 
convention  should  use  that  force. 

Now  a  very  remarkable  observation  thai 
arises  in  the  case  is,  that  there  is  not  a  single 
tittle  of  evidence  from  the  beginning  to  tlie 
end  winch  unites  the  project  of  me  convention 
with  any  thing  of  arms,  that  connects  or 
brings  them  together  at  all ;  ihey  had  spies 
upon  all  their  proceedings— all  their  meetings 
were  watched  over — every  member  of  the  ^o- 
ciety  had,  when  in  the  society,  and  probably 
at  many  other  times,  a  man  at  hiscloow  who 
would  give  uu  account  of  every  thnig  that 
passed,  and  yet  there  is  not  a  single  word  lliai 
Us  fallen  from  any  of  t^^vV\«ws%\w5X*^**^* 


J 


1151]        35  GEORGE  lU. 

gle  eKpreasion,  I  believe,  U>  be  found  in  all 
tlie  wrilten  evidcuce,  ihaT  --^'  theci^rmg 

lofthe  convention  wilh  th  loa  of  tuiy 

ilbrcc;  ijnleft!»yiju  conntti^  ^..t  "••  togelher, 
ijQti  cannot  ♦ind  ilic  j^n^jocr  guilty  uj»on  Ihia 
[•Imrgeiii  tUc  irnlJi  rmmi;  there  is  no  proof 
I  iwhidi  can  be  ii,  none  Ihat  tau  l>c 

[leU  lo  yuur  t<*  '!»  witUoui  the  parol 

J  evidence  ttml  tiic^:  mcu  intended  that  the 
tconvcnlion  shwldact  by  furce;  Ihrougbaut 
[the  written  evidence  they  expressly  disavow  iL 
You  miiht  beticve  mrji's  wQffh,  unless  the 
I  direct  contrary  ii  proved ;  but  when  the 
L crown  Wdn  given  in  evidence  this  business  of 
l^rnis,  Ihey  tell  you,  uud  I  am  entitled  to  as- 
)  iume  it,  that  thib  is  the  force  which  those 
I Hien^bcrij  of  the  convention  meant  to  use;  if 
f^tbere  was  any  other  they  would  show  it,  and 
;  |he  conclusion  IblJows,  that  if  ihey  did  noi 
^  mean  to  use  this  force,  ihey  meant  lo  UHib 
Itwne.  The  crown  knew  all  they  hiid  done; 
[the  qucbtton  i%  whether  the  convention  tneant 
^ to  use  force;  if  the  crown  cannot  prove  they 
Imcant  to  use  ihi*  force,  they  do  not  prove 
Hhey  meant  to  use  any :  the  case  would  have 
I  teen  iiM*re  strong,  perliaps,  upon  that  part  of 
lil,if  th»*y  had  not  called  their  witnes'^ea,  because 
[then  you  would  have  been  told  that  a  great 
Ldoal  was  to  he  left  to  fair  presumpiton  and  in- 
Iference  :~that  though  they  had  not  proved 
[<kf  yet  you  were  to  presume  it  from  the  other 
rfccts  proved;  but  ihey  have  taken  upon  them- 
Ijelvcs  to  show  ytiu  wliiil  thai  lorcc  was  which 
Itlns  convention  was  tr>  u>e,  and  they  put  it 
lupoti  the  pikes,  the  muskets,  and  the  knives. 
Ij  hope  we  have  pretty  well  disposed  of  them 
I  already. 

'  _  But  supposing  there  was  any  thing  serious 
in  this  proof  of  the  pikes,  the  muskets,  and 
the  knivei»,  there  h  no  evidence  connecting  it 
with  the  convention ;  and  if  it  liad  lieen  t!ie 
project  of  these  people,  if  it  had  ever  entered 
into  the  mindbof  any  of  them  that  this  force 
stiould  be  used  by  that  convention  which  they 
rnlendml  to  call,  it  is  impossible  that  the 
crown  should  not  have  been  able  to  have  laid 
evidence  of  rt  before  you.  You  see  they  have 
spies  every  where;  you  see  when  we  call  a 
witness,  they  know  him  better  than  we  do; 
ihcy  have  had  a  man  in  every  society  in  Lon* 
don.  They  can  ask  when  Mr.  Stevens  was 
calJed,  whether  it  was  Mr.  Stevens  ofRath- 
booe  place,  or  Mr,  Stevens  of  the  Minories. 
They  know  them  all,  they  have  watched  at 
their  elbows,  they  have  been  vigilant,  and 
they  are  to  be  commended  for  it;  out  stdl  it 
tbrtifie^  my  observation,  that  they  know  dl 
thttt  is  m  this  case;  that  nothmg  i  '  '*  : 
presumption,  to  inference ;  Uiat  alt  t 
has  been  brou**ht  forward  by  ih'^ni  .,.„; 

you  i>uvc   nothing  to  form    -  iieot 

upon, <*M-tM>l  thdt  whlrh  l\ic\  !  .  I  e fort 

you.  letore,  all 

whi^ii  ^  '  i  ootbing 

ll«ibre  yuu  (u  show  Utat  these  arind  were  coo^ 
noetisd  io  any  wny  with  the  eoovenljon. 
ThettfoT^  I  htm  a  h|ht  to  wfume  that  tbe 


Triai  of  Thonuu  Hardg  [|  159 

^tdoes  not  exist,  that  it  ever  was  itlbe 

contemplation  t  *^-  -  — r-  *'-  *  "  ^4?  trtnt 
should  o€ so  II  ^^een  m 

their  conlenjj  ...l.  „, .,     ,  .*^    tatk 

enough  of  what  ihcy  mean,  i^ould  have 
talked  of  lhi^»  and  it  wovdd  \yi\c  h^en 
kn<uwn  to   the  officers  of  the  rr 

f»ublic   has   every   thing    been    ' 
\m  bflcn  done*    There  is  hardiv 
of  theirs  imputed  to  them  as  n 
one  out  of  that  number  and  vari  ; 

acts  which  are  all  woven  up  in  i  c 

web  that  is  now  spread  I  '  jt  ooo 

which  the  pri!»oner.  art'  iuoibt 

acted,  have  n  '     ^!  ;,e  g|£o 

of  day.    It  (I  ts  aie 

illegal,  this  ad^.n  ,^,  ...  a  tbcjf 

are  not  only  ille^,  hm  ;»adeot« 

but  that  does  not  mah'.  ^  .  ucaMUi: 

and  it  shows  that  what  these  men  pfofeswd 
were  really  their  olycc is:  it  ^hr»ws  thml  th^ 
^Cl^k]  bond  fide  ;  it  &hov  ey   UiaUj||i| 

they  were  about  that  w^  ttad  a  ritll 

todo,and  that  is  the  wj^  lu  v^iiuh  i  useibe 
argument  ;  it  shows  that  tbuu^K  th<*y  mi^t 
be  wrong,  that  though  they  n  utm^ 

illceally,  thoy  thought  they  <(|gic> 

gaily,  or  th^y  never  wuu'!  '  tlidlB 

Sie' investigation  of  c^*  ,  ItlMi 

acts  which  are  now  rw  !*,„..  ^.^  ..%iaatitQ« 

tine  the  crime  of  I  lU 

Geutlemciu  hithL..^  ^  ..ivc*miT 

I  upon  tho  evidence  that  has  t 

I  the  jiarlof  the  I  r  iVV!K  you  tji 


fro  m  the  1  ai  1  _  '  •  u r  resu I  u  i 

they  have  pr^  mt  y-^  ii 

ject  was  pari  I 

they  say  mav 

may  have  covered  ^  dilicr^jui  d 

have  it  upon  oath  that  this  and  ^ 

was  the  object  of  those  people  wiiu 


marked 

nCfid4B 
uHiraii 

-h 

t,  fttid 


\ 


they  say  we  are  coanccted,  for  every  wtt»c&» 
whom  Ihey  have  called,  and  who  liuew  the 
objects  of  those  people^  h;|s  sworn    \\mt  {\wk 
objects  were  jicaceable.     This  id  the  cvid« 
on  the  part  of  the  crowo. 

Now,  s^entlemeti,  we    h:\s.(-  « luifmitf^ 
evidence  oftho  crown  b; 
we  have  added  to  the 
whom  the  crown  have 
an  account  of  what  were 
societies,  wluit  was  ihtU  end,  ui 
means  by  which  they   meant  i' 
end ;  every  one  of  those  wit(p 
after  another,  has  agreed  in 
eod  was  a  parliamentui^ 
to  accomphsh  that  end  t 
convention,  yet  it  nev*>    - 
minds  to  conceive  that  thib 
lo  act  by  force;  on  the  '^""' 
tpact  by  all  pcactftbh 
voice  of  llit^  toiiiitrv.  ari 
me 

wh' 

would  be  Cjuel  low^udd^^u^  to  §0  omm* 


i 


1153] 


Jqt  High  TreasoHi 


.A.t).  1794. 


[1154 


eukrtv  into  the  evidence  I  Kan  is  necessary. 
j  lliink  I  have  ^bkletl  ^U^i  is  liie  geopral  cl!ect 
ftfthe  evidence  of  every  witness  we  have  call 
;  but  I  ihink  there  arc  two  who  were  eall- 
lafl— I  mean  Mr.  Sheridan  and  Mr  Fran- 
ks, who  sjwke  more  particuhirl^'  to  this  fact, 
nd  whose    evidence  will  deserve  more   of 
our  consideration,  hecause  they  show  moiit 
cidcdly  thai  the  objects  the  prisoner  has 
Iways  professed,  were  liis  real  oi  jccts. 

Gentlemen,  you  recollect  tlie  time  when 
bere  wa»  an  alurni  in  the  kinj^dom,  when  the 
^^ihtia  was  suddenly  embodied,  and  parha> 
went  was  ass^enibled.  Parliament  was  as- 
sembled, indeed,  for  ihc  purpose  of  embody* 
ing  the  militia,  because  without  it  the  militia 
could  not  be  enit>odied  in  a  lei^al  way;  the 
groimd  alleged  for  caUing  nariiamcnt  toge- 
tncrwtt*,  thai  there  were  aisturbances  and 
V  MS  in   the    kingdom;  there   were 

Li^.  liimen  who  thought  that  there  did 

not  al  iliat  time  exist  those  disturbances  and 
insurrections  which  were  stated,  and  accord- 
ingly an  inquiry  was  instituted  into  the  real 
eustencc  of  them ;  upon  that  occasion  Mr. 
Hardy  attended  Mr.  Sheridan,  and  Mr.  Sheri- 
dan states  to  you  in  terms  that  Mr.  Hardy 
wished  a  committee  to  be  appointed;  he 
wished  an  inquiry  to  be  made,  and  he  was 
ready,  and  wa5  to  have  laid  before  Mr.  Sheri- 
dan, nay  he  was  to  have  been  called  before 
the  House  of  Commons,  and  to  give  an  ac- 
count there  of  all  he  knew  relative  to  that 
business;  he  states)  that  their  societies  did 
meet  at  pu I >lic- houses ;  that  publicans^  pro- 
bably thinkii>«^  ili<*ii  licences  would  be  taken 
away,  would  nut  i»cmjil  tiiem  to  meet  in  their 
houses  any  more ;  that  they  had  accordindy 
met  at  r^^^-t*.  houses;  that  he  f  Mr,  Hardy) 
had  c  hI  a  Ust  of  tJiese  hf>uses,  and 

had  gi  . !  :  l^eridau  all  the  information  in 
hb  |>ower ;  that  he  wished  an  inquiry  might 
be  instituted,  in  order  to  show  to  the  oarTia- 
menl  and  the  public  what  their  real  view 
ivas :  that  he  was  ready  to  lay  before  them  all 
11m  papers,  all  the  documents  relative  to  the 
ilfQffress  of  thi«  society.  This  seems  to  me 
to   '  ;  '     strong  proof  that  Mr. 

11  ;   that  he  had  then  no 

Cfiiijujjj  iutt  ML  lu  ni'.  mind,  nor  Imd  any  of 
those  acting  wiih  him,  beciiuse  il  they  hutl,  he 
would  h<ive  withdrawn  from  Mith  an  inquiry; 
instead  of  that  he  comes  forwanl  publicly,  (fe- 
«irc«  that  an  intiuiry  into  Ihnr  conduct  may 
be  iuMitned,  and  he  gave  t?ery  avtistaace  w 
his  power  for  that  pnrpose. 

It  appears  from   Mr,   Francis's  evidence, 


Ihttt  wh»t 

hi- 

Ir 

tiri 
H 

-poi  ,  a^  a  reaikonabJe,  ^ ... ,     ,_.. 

Sheridan  hkewiM  gave  that  trstrmony  to  his 
character  t    ho  Aav^i  he  remarked  hmi  for  his 
VQLXXJV, 


Mr.  Hardy  sayn  has  always  been 

!ilway>  was  »o;    he  and    some 

'  n  of  thin  society  attended  Mr* 

'     I  resent  a  j)Ctition 

1   parliaments  and 

i  i  1 . .  - .        . .  * ,    i  rancid    »ay »,   Mr. 

I.  hini,  particularly  from  bis  dc- 

qulet  man,     Mr. 


peaceable  and  decent  deportment ;  that  com* 
log  to  htm  to  desire  him  to  prcstcnt  this  peti- 
tion, he  conver^i'd  with  them  upon  the  sub- 
ject; and  they  *aid  then,  wlml  tney  iww  sayy 
notwith^vl'inding  this  present  pro*iecutiou 
again*%t  them,  that  they  learned  their  prin- 
ciples from  the  duke  of  liKhinond*!*  letter; 
that  they  were  convioced  by  hi*,  arguments; 
and  I  am  iitr.iid  that  they  still  hold  the  sime 
opinions  f  hope  it  i*  no  reHexion  iipt»o  any 
man,  not  to  entertain  these  opiniuiis:  for 
I  do  nr»i  mvsell ;  yet  still  it  is  ^rrely  an 
excuse  to  si  it'll  a  man  as  Mr,  Hardy,  that  be 
hotdn  opinions  such  a^  the  duke  of  tiicb- 
mond  entertains,  and  not  only  Piiter tains,' 
bi?t  has  ^ivcn  to  the  public  as  his  opinions, 
and  acteu  upon  himself.  They  adhered  to 
their  object,  Mr.  Francis  says,  of  imivcrsal 
suHVaEe;  he  stated  to  them,  that  that  wa!i 
not  the  usual  form  of  a  petition,  and  they 
had  better  leave  it  to  the  House,  what  sort 
of  reform  should  be  adopted.  They  -^till, 
Mr,  Francis  says,  adhered  to  their  object; 
but  they  wfere  ready,  if,  according  to  the 
forms  of  the  House,  it  was  more  respectful, 
to  leave  the  whole  to  the  wrsdum  of  the 
House  of  Commons,  what  means  they  should 
adopt ;  they  were  ready  to  present  their 
petition  in  the  general  form ;  out  ?tiU  they 
adhered  to  tlieir  principle,  that  what  they 
wishetl  for  was  univcfjtal  suffrage*  Surely 
this  must  show,  beyond  doubt,  that  these 
men  really  thought  it  would  be  u  g(X)d  thinjg 
to  obtain  tmiversal  ^luffrage,  and  that  this 
was  the  object,  and  the  only  object  which 
they  zealously,  and  bonS  fide  pursued. 

But,  Gentlemen,  those  who  conduct  this 
prosecution  wish  to  persuade  you  that  there' 
IS  more  in  it  ilian  lies  upon  the  surface; 
that  these  men  have  not  acted  honestly; 
that  ihey  have  not  acted  lnmA  fide ;  that  thi^ 
which  they  have  held  out  as  their  object,  and 
this  which  they  have  held  out  as  their  means 
of  obtaining  that  object,  are  a  mere  pretext, 
and  that  there  is  no  colour  tor  insisting  that 
they  are  their  reaJ  opinions— Let  us  psaininc 
thataliitle;  let  us  ^ee  what  grounds  they 
had  for  really  entrrtiiining  these  opinions, 
and  whether  their  conduct  be  not  sirth  as 
leaves  you  reason  to  conchidt*  they  are  Ihwir 
real  opinions. — The  proposition  of  tlicse 
men  is  this  : — ^That  the  House  of  Commona 
is  rorrupt;  that  that  corruption  proceeds 
from  the  manner  in  which  the  people  aro 
represented  in  parliament,  and  from  iU& 
bng  duration  of  parliaments;  that  they 
think  lliisevil  might  be  correctad  by  anitiial 
parliaments,  and  by  universal  suffrage;  they 
think  the  House  of  Commons  will  not  grant 
them  this  upon  their  petition,  because  they 
have  ofbcn  refused  them  ;  they  thmk  that  the 
majority  of  the  people  (1  do  not  mkv  tlietl 
Ihc^  think  right) — but  they  think  the 
majority  of  the  people  arc  or  may  be 
with  them  ;  they  saj^,  they  wi&h  to  collect  tho 
sense  of  the  majority  of  the  people  *  tJiey 
thtrefore  wish  that  a  convention  of  dole 


4  £ 


^le^tfta 


^-   *^^ iMm 


.d<L...aafcg' 


S5  (TEORGE  m. 


^om  different  parts  of  the  counlry  should  be 
^lled,  by  whom  they  should  first  collect  whal 
as  the  sense  of  the  people  by  whom  they 
ere  delegated  ;  and  U  it  appears  lo  be  what 
ey  contend  it  h^  that  tt  anall  then  be  coro- 
nicated  to  parliaineol— 1  hia  it  is  said  is 
ere  pretext. 

Now,  let  U3  examine  it  in  ils  part<. — The 
St  proposition  h,  that  the  Uoitse  of  Com- 
ons  is  corrupt — I  do  not  mean  to  say  that 
he  House  of  Commons  is  corrupt;  but  I  am 
staniiniflg  whether    Mr,    Hartfyj  who    has 
"  [ined  his  faith  upon  the  duke  of  Richmond, 
as  not  ground  for  saying  so,  and  thai  that 
orruptJon  proceeds  from  the  want  ofa  proper 
tpresentation  of  the  people  in  the  House  of 
1^ commons.    What  does  Ine  duke  of  Rich- 
pond  say  upon  that  subject  P^Iie  says,  in  his 
titer  lo  colonel  Sharman^  **  The  lesser  reform 
as  been  attempted  with  every  possible  ad- 
antage  in  its  favour,  not  only  from  the  zea- 
Ibus  support  of  the  advocates  for  a  more  ctiec- 
ual  one,  bul  from  the  assistance  of  men  of 
at  weight,  both  in  and  out  of  power ;  but 
vith  all  lemperanients  and  helps  it  has  faded ; 
feiot  one  proselyte  has  been  gained  from  cor- 
'  uplion,  nor  has  the  teast  ray  of  hope  been  held 
ut,  from  any  Quarter,  that  the  House  of  Com* 
ixons  was  inclined  to  adopt  any  other  mode 
&f  reform,-* — Why,  then  it  is  not  a  suggestion 
first  of  Mr.  Hardy  and  his  friends,  tiiat  the 
"Joiise  of  Commons  was  corrupt,  and  that  tins 
asthe  means  of  reforming  it;  his  great  pro- 
otype  the  duke  of  Richmond,  the  man  whose 
prece|»t5  he  haA  followed,  and  whose  disciple 
ac  is,  told  him,  in  express  terms,  that  the 
^Jousc  of  Commons  is  corrupt,  and  that  that 
corruption  proceeds  from  the  people  not  being 
properly  representedin  the  House  of  Commons. 
The  remedy,  then,    that  is  to  be  apphed  lo 
|tluH,  is,  in  the  opinion  of  Mr,  Hardy  and  his 
"ricnds,    annual    parliamtuts    and  universal 
FftuBxage.    Why,  what  does  the  duke  of  Rich- 
uond  say  upon  that  subject? — He  says^ 
From  every  day's  experience  to  the  pre- 
l^jient  hour,  I  am  more  and  more  convinced, 
hat  the  restoring  the  right  of  voting  uni* 
irersally  lo  every  man  not  incapacitated  by 
Dftture  for  want  of  reason,  or  by  law  by  the 
[^commission  of  crimes^  together  with  annual 
:  elections,  is  the  only  reform  tliat  can  be  ef- 
^fectwdl  and  permanent:    I  am  further  con- 
[\inced  that  it  is  the  only  reform  that  is  prac- 
,ticable, 

**  All  other  plans  that  arc  ofa  palliative  na- 
uture,  have  been  found  msuf^cient  to  interest 
fiind  animate  the  body  of  the  {^eople,  liom 
C-whose  earnestness  alone  any  reform  can  be 
^expected.*- A  long  exclusion  from  any  share  in 
Lthe  legislature  oi  their  country,  has  rendered 
lIJ^c  great  mass  of  the  peoole  Lndiffcrcnl  whe- 
Fther  the  monopoly  that  subsists,  continues  in 
^the  hands  of  a  more  or  less  r'*"'r^  com- 
pany*  or  wheUier  it  Is  dividt^  .  into 

LSliare*^  of   '^^-'iufwl:,?.!    r^^.r..   *,r    I.  uu>r- 

,lions;    ti 
Ihcie  cant       . 


Trial  of  Thomas  ttardfif  [IIS 

endures,  and  the  exactions  it  suflerf,  whicti  ft  j 
knows  must  continue  so  long  a»  the  peopTc 
remain  deprived  of  all  control  over  their  r«^ 
presenlalives/' 

**  Whal  I  call  for,"  he  says,  *'  is,  not  coo*| 
vcnicncy,  but  right ;  if  it  is  not  a  maxim 
our  constitution,  that  a  British  subiect  is  I 
be  governed  only  by  law^  to  whitn  he  " 
consented  fay  himself,  or  his  repr* 
we  should  instantly  ahandon  the  ei 
it  is  the  essential  of  freedom,  fouii 
eternal  principles  of  justice  and  w  i 
our  unalienable  birthright,   we   siiutMii 
hesitate  in  asserting  it    Let  us,  the 
determine  to  act  upon  this  broad  princ 
giving  to  every  man  his  own,  and  wi| 
immediately  get  rid  of  all  the  perplex 
which  the  narrow  notions  of  partiality  I 
exclusion  must  ever  be  subject/' 

Now  it  is  objected  to  Mr.  Hardy,  that 
idea  of  the  corruption  of  the  Hou\e  of  ^ 
moos;    corruption  proceeding  from 
proper  representation  there — that  this 
reforming  parliament  by  annual  - 
all  pretext.     What  foundation  i^ 
that,  when  you  have  heard  from  t« 
ncsscs  in  tlic  cause,  that  Mr.  Hanfy  has  on 
and  over  again  said,  he  forms  hiniseU  up 
the  duke  of  Richmond's    plan,    which 
wishes  to  be  carried  into  execution  ;  tbAt  t 
is  his  only  object ;  and  when  thi«*,  %rhicb  L 
professes  in  all  his  letters,  which  appeanj 
be  in  fact  the  object  he  is  purs^iiiie 
terms,  the  reform  which  the  duke 
mond  by  a  publicatioa  recotDmeods 
people  to  adopt  ? 

Then,  gentlemen,  we  have  _        ' 
— that  ll>e  corruption  of  pari: 
thought  of  Mr.  Hardy'*,— ibdv    .,x^ 
that  corruption  is  not  a  thought  of  : 
d^'s — that  the  means  by  which  that 
tion  might  be  remedied  is  not  a  ih 
Mr.  Hardy's ;  they  are  all  the  thought,  _ 
duke  of  Richmond,  supported  bv  ihe«e 
sons  which  you  heard  read  while  hisj 
was  in  court, — I  have  stated  to  yem  i 
immediate  means  were— annual  parlii 
and  universal  suffrage. — The  next  ihS 
be  ctmsidcrcd  i^,  how  that  refbrin  wa%  lol 
effected. — Mr  Hardy  tliinks—  " 
lo  be  pretext— that  it  may  L» 
meant  to  effect  it,  by  a  e-  *>" 
pie,  and  by  collecting  \\^ 
from  that  convention .—  V  ,  ^. 
of  Richmond  say   upon   thai  iiubjcxt?—! 
says, "  the  weight  of  corruption  hai 
this  more  gentle'* — speaking  of  a  .' 
form,  —  **  a3  it    would   have  d^« 
more  efficacious  plan  in  thn  Millie 
stances ;  from  that  quarter,  tbetcfQi 
nothinz  to  hope — it  is   from  the 
large  ihiit  I  expeti  any  ^ood." 


r>f" 


i 


nt   It;    when    < 

I  tcts  this  to  be  c 


M57]. 


Jot  High  Tfiuon* 


A.  D.  nyL 


[JJ58 


lUal  it  U  from  the  peopUs  at  large  only  ihat  he 
expects  it  will  be  obtainetl,  how  b  mis  man  } 
^  Ihe  W  tg  understand  the  diikc  of  Eich- 
nwnd? — What  wh**  ihe  mildest  sent»c  be 
couid  put  upon  his  worxU  ? — From  the  people 
St  large  the  duke  o(  llichiuond  expects  this 
reforro^he  doe*  not  expect  it  frum  the  parlia- 
lueul^be  knows  ihe  parhiinicnc  will  not 
crant  il  ?  but  he  expects  it  from  the  peoples- 
Then  the  people  must  have  some  lawful 
means  of  promoting  it — I  think  the  most  ra- 
tional,  I  think  the  most  peaceable;  I  think 
Ijhe  most  constitutional  coDs^tniction  ttiat 
CftO  be  put  upon  that  expression  is, 
llut  it  is  Xo  be  expected  from  the  sense  of  the 
people  at  large,  first  collected,  and  then  con- 
vened to  the  House  of  Commonn — not  acting 
by  force;  unquestionably,  the  duke  ^f  lildu 
mond  couUl  never  me;ia  that :  but  he  expect- 
ed this  rcfurm  from  the  people  at  large,  be- 
cause he  hoped  that  they  would  doclare  pub- 
liclv  what  tneir  wishes  were»and  that  tiiosc 
wishes  bein;^  communicated  tu  the  House  of 
Coannous,woul<i  produce  the  reform  which  he 
wished  to  see  c fleeted. 

Geullemen,  I  think  this  is  fair  reasoning; 
I  tlunk  this  must  be  the  construction  which 
you  will  put  upon  ihe  duke  of  Ilichmond's 
letter: — It  cannot  be  said  that  a  man  possess- 
ill"  ^  '  ^  "^' 'hteued  an)ind, and  holding  sucha 
ra  state,  as  ihe  noble  duke,  meant 

b)  ,,-  ..riLr  to  coK-"'*l  Sharman,  to  incite 
the  people  to  lake  up  arms  against  their  go- 
veroment,  and  to  cnlorce  that  wLith  wouhi 
otherwise  be  dem»id  to  tUem.  lie  niU'^t  be 
understood,  therefore,  to  have  expected  that 
the  people  at  t^ri^e,  by  their  opinions  being 
collected,  and  those  opinions  being  comrau- 
tiicated  to  the  legishturt?,  would  produce  that 
reform  for  which  he  wa*  so  zealQus  an  ad- 
irocatc. 

What,  then^  h&s  been  the  conduct  of  the 
nrUoaer,  as  testified  by  every  pari  of  the  evi- 
ilence  io  this  cau^jeP^lhai  he  uniformly 
ar«<*d  iirwin  thr  fiuke  of  Richmond's  plan; 
il  ''  that  only  winch  the  duke  of 

J(i  d  to  be  carried  into  effect: 

that  ne  promoted  it  by  the  means  by  which 
thgjuke  of  Eichmond  wished  to  aee  it  ac- 
■Hjj^E^hed.^ — Who,  then,  can  say  that  he 
^HPHTany  thing  farther  than  the  duke  of 
^ttiSiuoud  meant >  In  a  not,  I  will  ask  you, 
|K;ssib)e  ftt  lea-st  to  ptit  upon  these  acts  of  the 
prisoner  Ihe  construction  I  put  upon  the  ian> 
glittgeof  the, duke  of  llichmondf  \%  it  not 
pO<Aibte,  upon  all  these  acts,  that  his  object 
flIiouJd  have  been  fox  the  convention  to  collect 
tbi  frCD^  of  •'"'  r.*  <».»le^  and  hlatc  il  to  parlia- 
ment?    I  u  ,  is  it  not  possible  ?^If 

it   hi-  iJos^il  v«.u  find  liiat   that  was 

t^|  jd  if  you  find 

111  declared  ihat 

lub  *>Uj(xt  \*A>»  *jj  -ii  which  the  duke 

pointed  out  io   i.  urcly  you  will  not 

ibeoy  *or  the  Mk?:  tt  tixing  guilt  upon  him, 
pWuiDC  that  he  oicant  more  than  ttie  duke 
^t  Ukhttkood  jDCMii^bat  tmthvf  inclioiDg  on 


ilie  4ide  of  innoccDcc— inclining  io  a  tnan 
upon  whom  guilt  is  not  directly  proved,  you 
will  say  thai  he  meant  what  the  duke  of  Rich- 
oioud  did  mean — tbat  he  meant  this  conven- 
tion should  act  as  the  duke  of  Richmond 
meant  ihe  people  at  large  should  act,  by  coU 
lecling  the  general  opinion,  and  convey mg  it, 
not  by  Ibrce  of  arms,  but  peaceably,  lo  the 
House  of  Commons. 

Gentlemen,  it  is  a  principle,  I  think,  in  ths 
English  law,  that,  when  the  act  of  a  man  is 
indilTerenl  or  doubtful,  it  should  rather  be 
attributed  to  an  innocent  than  a  guilty  motive. 
— And  1  hope  that  we  have  not  lost  sight  of 
another  principle  by  which  English  |urie» 
have  always  been  4;overncd  ;  namely,  that  if 
the  at  t  o(  a  man  be  in  itself  Indiffefcut,  and 
there  be  evidence,  some  having  a  tendcmy  to 
show  it  crinunal,  and  some  innocent,  if  the 
former  does  not  nio^l  clearly  ovcrveij^h  Iho 
Utter,  luimanity  will  turn  the  scale  in  favour 
of  innocence. 

With  respect  to  tins  art  of  calliJig  a  eon* 
vention,  it  being  in  its  nature  an  inncjccnt 
act,  you  heard  read  a  protect  of  several  learned 
peers  upon  a  molion  that  was  made  in  the 
House  of  Lords  during  the  pressure  of  the 
American  war,  when  the  burthens  which  that 
war  produced  were  teli  heavily  by  the  suhjoet. 
Lord  Shelburne  made  a  motion  in  the  House 
of  Lords,  ihe  ultimate  object  of  which  was  to 
decrease  those  burthens;  the  imniediale  ob- 
ject was,  that  a  committee  should  be  called^ 
consisting  neither  of  placemen  nor  of  pen- 
sioners, to  inquire  what  unnecessary  ctpcnseti 
arose  io  the  public  cxpendilure — what  unne- 
cessary places  existed  —  what  unnecessary 
fiensions  had  been  granted  —  and  to  inquire 
low  that  expenditure  might  be  les!»ened. 

Alter  a  long  debate,  the  molion  was  ne- 
gatived ;  but  those  who  were  in  the  minority, 
if  tUey  were  weighed  not  by  their  num- 
ber but  by  their  merits,  wuuld  be  called  a 
majority  :— There  was  at  llicir  head  the  ve- 
nerable and  learned  carl  Camden,  as  great  a 
constitirtional  lawyer  as  this  country  ha •! 
ever  seen,  and  as  firm  a  supporter  of  it« 
constitution,— There  were  many  more,  some 
of  whom  are  now  acting  in  administration. — 
The  duke  of  l^ortland,  the  duke  of  Graflon, 
lord  Fitzwilham,  the  duke  of  lluttand,  the 
duke  of  Devonshirej  lord  Rockingham,  lord 
Scarborough,  and,  true  to  his  ola  principles, 
ihe  duke  01  Rictimond  ;  they  were  in  ttie 
minority ;  the  motion  was  nejEjatived ;  but 
they  prt>tc»ted  against  the  negative  that  was 
put  upon  ihat  motion;  they  assigned  their 
reasons  to  ihe  public — they  wished  to  hnnd 
down  to  posterity  their  reasons  for  Ibiuking 
that  that  committee  ought  tu  have  been  in* 
stitutcd,  and  that  inquiry  Ret  on  foot ;  and  the 
fourth  reason  which  the>^  uni^nis  tht9t— 

**  Wc  are  further  impellc*!   to  presf  tlni 
motion,  because  the  object  of  kt  has  been  w* 
cunded  and  called  txir  by  a  consider' 
jofiiy  of  the  people,  who  nxc  ans^i 
ihii  purpo»«|  vaA  %9tv^  ^Vt\ws^>**  \^^^*^ 


llSff]        3^  GEORGE  IIL 

t  by  every  legal  and  constitutional  method 
that  cjtn  l*e  cir vised  lur  its  success.** — ^Ttiere 
you  have  lord  Cainiien*s  aulhority,  that  the 
people  m.iy  (e^ally  and  constiuilionuljy  as- 
socule  for  tlic  purpose  of  ohuining  an  end 
prhich  appears  to  l!>em  publicly  beneficial — 
^  And  however  &on»e  msiy  lifFrttlobeabrmcd 
a^  il  Mich  a^sucititions  tended  tu  di'^turb  the 
pcarci  or  eiirroach  u^hju  the  delegated  pi^wer 
pf  the  other  Iloujse,  we  are  persuaded  at  has 
no  ottjer  view  but  to  collect  the  sense  of  the 
piv.iiNv  :uid  to  inforro  the  whole  body  of  their 
itives  what  arc  the  sentiments  of 
body  of  their  constituents.'* 
Then  this  learned  and  noble  lord  a«Rcrt^ 
the  collecting  the  sense  of  the  people  at  large 
to  be  the  object  of  the  associations  of  the  peo- 
ple J  that  the  object  of  Uiuse  associations  i;*,  to 
f  fcommunicale  to  the  nvhoJc  body  of  therepre- 
I  Bentalivc^  what  are  the  opinions  of  the  whole 
jbody  of  their  conJ>tilueDls.— That  was  iheob- 
I  ject  of  the  man  who  stands  at  your  bar ;  that 
I  was  the  object  of  all  those  who  acted  with 
Ijiini ;  they  meant  to  call,  nut  an  association 
[pf  the  whole  people,  but  something  less  tu- 
||nultiiou«i — a  I  otivention  of  delegates  sent  by  ' 
I  the  people  at  large,   by  whose  means  they  ' 
.  Snight  collect  what  were  the  opinions  of  the 
'  whole  body  of  their  constituents,  and  might,  ' 
I  |>y  the  same  organ,  communicate  Ihem  to  the  I 
I  whtile  body  of  their  reprcsenlalives. — **  And  I 
lif  it  be  a^ked  what  farther  is  lo  be  done  if  , 
jihese  petitions  arc  rejected,  the  best  answer 
|}s,  thai  the  case  cannot  be  supposed  ;   for  al- 
lihoujjli,  upon  a  few  separate  petstions,  it  may 
i|>e  iiurly  sud  that  the  other  House  ought  not 
[to  be  decided  by  a  part  only  of  their  cousti- 
|uenl*i,  yvi  tl  ciinnut  be  presumed  they  will  i 
net  in  defiance  of  the  united  wishes  of  the  I 
«?hole  people^or  indeed  of  any  ^reat  and  no-  , 
Orirm**  majority/'— Then  here  T  get  another  | 
•tep; -bepi^rate  petitions  had  been  rejected; 
eparate   petitions  might   be   rejected ;    the 
louse  or    i'omnions  might  not  feel  it   nc- 
ipes^tiry  to  attend  lo  separate  petitions;  but  if 
I  ^  petition  could  be  got  from  tnese  general  as- 
"ciiilions  **!'  the  people,  such  a pelrtioii  would 
legal  iind  ronslilulionalj  amt  according  to 
2  ufHirton  of  lord  CamdeOj  ought  lo  be  at- 
endt-d  to — uught  to  have  so  umch  weigt^t  in 
lis  c^limaliun,  that  it  is  not  to  be  supposed 
Kat  so  wise  a  body  as  the  Bouse  of  Com- 
tions  woufd  not  yield  to  it, 
Gcntlcnien^isthat  iUt'gil  to  which  lord  Cam- 
en,  so  great  a  lawyer,  gives  such  an  effect, 
fhen  he  states,  that  pctflious  offered  by  the 
^neral  associations  of  the  people^  ought  lo  be 
tleuded  toby  iheilouseuf  Commons, and  that 
;  U  ineon'>istent  with  their  wisdom  to  reject 
bem  f—  I  )oes  not  lie,  by  this  protest,  hold  out  to 
be  public,  thiil,  whenseparatc  petitions  are re« 
cied ,  the  ul»ject  of  whk  h  is  thought  conducive 
I  the  |»uhlic  gqod,  It  IS  the  rii<ht  of  the  people 
Lialc  lur  ihiapublif  ."    'I  "'•l,  heme  as- 
",    III    present  suii  -  as  lord 

j)«)Jsihem  fre  nc:  .*--,,,  to  be  rc- 


Trkt  of  Thomas  fitttdi/  [1 M 

**  It  is  admitted  lliat  the  Wmst  of  C4 
mons  have  a  power  to  vote  as  they  thmk 
but  it  is  not  possible  to  conceive  that  so  ^ 
an  assembly  will  ever  be  rash  enough  toi 
ject  such  petitions,  and  by  that  meims  ca 
this  dangerous  question  to  be  h: 
agitated  whether  they  have  not 
trust?    The  voice  of  the  people  wm  ^.c 
be  complied  with;  ministers  may, sis  tin" 
,  to  have  done  in  a  recent  in-» 
'  any  man  of  what  he  holds, 
(  for  presuming  to  exercise  his    :  _    i^ie 
of  thinking  for  hmiself  on  these  sod  od 
public  subjects,  but  it  will  not  be  wise 
them  to  treat  tliese  associations  with  zsm^ 
tempt,  or  call  them  by  the  invidioua  D^mt  ^ 
faction*  a  name  by  which  the  minorityj 
both  Houses  of  Parliament  have  l>een  so  *  ^ 
Quently  and  so  falsely  calun  ^    htesxaST 

Ine  name  so  applied,  will   i  k  upon 

themselves,  when  acting  agimii^i  me  gencnd 
sense  of  the  nation,  nor  will  they  be  able  to 
represent  these  numbers,  so  respectable 
rank  aiid  property,  as  they  did  but  too  s 
fully  the  discontented  Amcrirj^o*. 
of  indigent  and  seditious  incc 
the  people  to  whom  this  is  a^: 
very  people  that  are  abused,  and  ever 
bears  within  himself  tiie  testimony 
falsehood." 

Gentlemen,  my  reason  for  bringing  fonrud 
this  protest  to  you  i?,  that  you  may  w«  "^ 
it  has  been  the  opinion  of  great  and  en" 
ened  men  in  this  country,  that 
of  the  people  for  the  purpose  of  oB 
that  which  (hey  conceive  lo  be  a  redr 
national  grievance,  are  not  only  hti 
commendable ;  for  if  they  were  only  \ 
lawful,  and  were  not  commendable,  we  sh 
not  see  the  names  of  such  men  as  we  ^o 
al  the  bottom  of  this  protest,  publicly  do 
ing,  thatt  because  this  appeared  to  bo_ 
voice  of  tlae  people  collected  in  their  x 
tions,  therefore  it  was  inconsistent  ii  , 
wisdom  of  the  llouse  of  Commons  to 
the  prayer  of  these  petitions, 

Now%  gentlemen,  if  this  be  so — 1 
at  the  bar  has  always  acted  upon  t 
Richmond's  plan— if  the  duke  of  i\»rnriK'< 
has  constantly  pointed  out  to  him  in  all 
pubhcations  (it  is  not  necessary  for  i 
mto  more  than  that  which  I  have  statQ 
there  exists  this  corniption  in  the  stat^ 
may  be  remedied  by  these  means 
people  have  a  right  to  act  for  ihcm^ 
the  way  I  have  stated :  if  it  t 
men  so  eminent  as  those,  v;, 
have  heard  arc  at  the  bottom  uf  Uu*  pri*lJ 
that  associations  of  this  sort  ought  t{)  b«  d 
tended  to,  how  is  the  prisoner  m« 
any  guilt  charged  upon  him  in  : 
ment?     Recollect  tf       ,  -      ' 
stated,  and  which  c 
that  if  you  curr  ^'* 
nocent  molivt , 

to  ^  criminal  u.^^     :   J,:^  _,.  .. 
Utat  there  b  direct  proof,  th»t  t: 


, ,  J  any  force  fm  supporting  this  convcn- 
on  :  and  tneu  if  ^oti  fina  bp  has  coni^tanltj 
declareil  \UuX  he  followed  ptaas  of  a  dif- 
ferrnl  rmlurc>  if  you  tind  that  general  a-sso- 
ctalions  tor  such  a  purpose  are  lawful,  how 
r^Ht.  ^*.t>  <.,v,  that  he  who  projeclcd  only  the 
nvcnlJOU,  lor  lilt?  purpose  of  par- 
i  J   reform— who  Males,  that  it  was 

for  li^c  purpose  of  taking  into  consideration 
the  proper  modes  for  ontaiuing  a  full  and 
fair  representation  of  the  people. — How  can 
you  presume  again:»t  the  constant  tenor  of  his 
life— -agamsi  the  constant  language  he  held 
upon  the  subject — against  the  conduct  of  that 
matifWhosc  precepts  Fie  has  constantly  followed 
— -mgainsl  the  doctrine  laid  down  in  this  pro- 
test, Ihiit  associ^itions  for  this  purpose  are 
legal  and  ronstitutional  f  How  can  you  pre- 
sume i  Miio  JI  ihi-  ihat  his  conduct  was 
pot    1  lonal,    though    he 

alway-   i  \\*  the  examples  of 

men  wliu  acted  legiiily  and  constitutionally; 
though  heprofesses  in  his  resolutions  to  follow 
themuuly  oy  legal  and  constitutional  means P 
How  can  you  presume  that  he  had  that  ille- 
gal intent  which  the  indictment  charges  him 
with,  namely,  that  he  called  this  convention 
for  the  purpose,  hy  force  of  arms,  of  deposing 
the  king,  and  putting  him  to  death;  that 
wotlcfl  not  be  a  charitable  conclusion  —  it 
would  nut  he  a  conclusion  to  w  bich  English- 
men have  ever  upon  such  evidence  arrived, 
tnd  I  am  sure  ttterefore  tlrat  it  will  not  be 
yours* 

Let  me  suppose  for  a  moment,  that  that 
noble  person  who  has  given  his  evidence  in 
lliii  cau^  could  det^cend  from  hiti  high  sta- 
tion, and  become  the  advocate  of  this  priiio- 
ncr  What  would  he  have  had  to  say  m  his 
defence  ?  would  lie  not  say.  "  Look  to  the 
cifigiu  of  thin ;  it  was  my  plan,  be  is  my  dis- 
^ple,  he  has  followed  my  doctrine,  he  has 
oiirsucd  my  principles  by  the  means  which 
I  pointed  out  to  hint;  I  told  the  public  that 
ftQDual  parliaments  and  universal  suf^'rage^ 
was  the  only  reform  to  be  introduced  into 
the  Hou^e  iv-t^CominoDs,  which  vould  remove 
the  grii-v:iTices  under  which  we  labour  —  I 
told  the  pttblic,  that  they  had  a  right  to  ai* 
semble,  and  to  make  their  voice  heard  in  the 
House  ol  romnums ;  I  not  only  told  the 
piibbc  this  at  the  time  when  I  brought  for- 
ward my  motion,  but  I  iti\  with  the  public 
(he  rea»ons  which  induced  me  to  form  thia 
opinion,  and  these  reasons  have  since  been 
opemtiug  y|)on  the  mind  of  this  man  at  the 
wf — hi^  sin«,  if  he  has  siimed,  are  tipoo  my 
head;  it  he  haii  been  misledp  he  has  been 
nisled  bv  me,  he  lias  pursued  the  same  ob- 
ject.  Lv  the  Siijuf  mL'iiii!«s:  hhi  fit  IS  Said)  he 
D^  entered  into 

in.,  ue  may;    be 

is  au  tgnoraul  ntau  ;  hii  resolutions  may 
liave  been  improvident ;  may  have  been  rash ; 
ingy  have  been  illegal ;  his  language  may 
llRs^e  been  so— but  when  I  have  Icahim  to 
lh»i  when  I  giivc  him  the  principle;  when 

I 


his  end  is  the  same  as  mine;  when  the  means 
he  uses  are  the  same :  namely,  by  the  inter- 
vention of  the  people  ;  a  little  indiscretion  ; 
a  little  violeucc  of  language,  aud  even  a  httle 
illegaUty,  is  to  be  cxcumchI  in  a  man  iu  his 
situation. 

"  I  have  high  rank  in  the  state ;  I  have  the 
advantages  ot  great  abiUlies;  great  industry; 
education ;  experience ;  knowledge ;  and  an 
enlightened  mind  to  direct  me ;  f  used  tbem 
all,  endeavouring  to  lead  my  judgment  to  a 
true  conclusion,  upon  what  was  really  sahitarr 
to  the  public  upon  this  subject;  they  led  me 
to  conclude,  that  annual  parliament*  and 
universal  sutTrage,  were  the  only  means  by 
which  the  public  could  be  saved  ;  and  led  me 
also  to  conclude,  that  the  people  had  a  right 
to  annual  parliaments  and  universal  suffrage; 
and  that  i^  the  House  of  Commons  did  not 
grant  them  upon  private  pcLilions,  that  to  the 
people  was  the  proper  appeal,  and  the  people 
would  then  make  ineir  own  voice  heard  fay 
the  House  of  Commons ;  this  I  told  the  poor 
man ;  he  learned  it  Irom  me ;  he  has  not  my 
advantages;  with  all  these  advantages  I  en- 
tertained the  opinion  which  this  man,  who 
has  none  of  them,  fo\ lowing  me  entertains; 
he  has  on  his  side  nothing  but  ignorance;  it 
is  not  wonderful  that  he  shoula  have  been 
convinced  by  the  reasons  which  I  published, 
and  which  induced  me  to  entertain  this  opi- 
nion  of  a  convention  of  the  people,  nothing 
on  the  other  side  having  been  published, 
which  could  come  into  his  hand  :  therefore 
surely  it  is  rca-^onable  to  expect  that  you  will 
presume  he  has  acted  bonifide. 

**  But  he  has  gone  crcalcr  lengths  than  I 
have  ;  well,  that  may  t)c  excused  in  him  ;  he 
is  an  ignorant  man,  ne  hasnotthc  advaniagef 
I  have;  he  has  not  had  the  advice  I  might 
have  to  follow ;  he  has  met,  too,  with  greater 

fjrovocalions  than  I  ever  met  with ;  I  bad  a 
arge  train  of  followers  in  the  House  of  iJords; 
the  propositions  which  I  brought  forward, 
were  never  rejccte*!  with  disdam  and  con- 
tumely; I  had  never  the  provocation  that 
this  man  has  had  from  the  treatment  that  he 
has  received ;  I  will  not  inquire  whether  the 
provocation  be  well  or  ill  founded,  but  it  it 
still  provocation  which  a  common  mind  w«> 
likely  to  be  moved  by/* 

Gentlemen,  these  arc  the  topics  which  the 
duke  of  llichmond  himself,  if  he  could  be 
placed  in  ray  situation,  and  argue  the  case  of 
the  prisoner,  would  urge  to  you  \  but  if  he 
felt  for  a  moment  that  this  maji*s  life  was  itl 
danger,  his  blood  would  cunlle  in  bis  veins  * 
he  would  shudder  at  the  mischiefs  produced 
by  his  publication,  and  wish  in  vain  to  recall 
it;  he  would  implore  vou  upon  his  kneei, 
not  to  find  any  guilt  in  Sir.  Hardy,  that  you 
would  not  be  ready  to  had  in  him ;  be  would 
tell  you  that  the  prisoner  has  done  nothing 
which  is  not  imputable  to  him,  nothing  which 
he  would  not  have  done  himself;  thai  hb 
principles  are  the  same,  his  objects  the  same ; 
that  tb6  meaiia  of  attdom^  ^k^ft»^  ^^u^t^^^^ 


1163]        35  GEORGE  ILL 

avowed  by  him,  and  proved  in  this  caui?€,  are 
the  same ;  aot  a  single  expression  has  bccD 
proved  u|)on  Mr.  Hardy,  lending  a  different ' 
waj,  and  surely,  gcutleiuen,  il  is  a  great  ex- 
ciiffC  for  a  mail  in  the  $ittiauou  of  life  in  which 
the  prisoner  stands^  to  urge  thai  he  tbUowed 
J  the  same  object  which  the  duke  of  Richmond 
L points  out  by  the  same  means :  I  say  by  the 
Bame  means,  because  it  is  not  proved  by  that 
plain  direct  and  mamleat  proor  which  the  sta- 
tute tails  for,  and  which  laid  Coke  sayu  is 
required,  ihut  be  has  used  any  other ;  then 
'  permit  me  to  add  that  the  circumstance  of  his 
fiaving  always  avowed  an  adherence  to  the 
plan  ot  the  duke  of  Richmond,  ought  to  lead 
^ou  tu  a  conclusion  that  in  this  case  he  meant 
sot  to  go  beyond  iL 

Genllemen,  what  I  have  troubled  you  with 
[  hitherto,  is  chieliy  upon  the  general  evidence 
I  pf  the  plan  that  has  been  laid  before  you. 

Gentlemen,  you  collected  from  an  arcn- 
1  mcDt  which  we  had  in  the  early  part  of  this 
'  cause,  that  none  of  the  evidence  admiUed  in 
it,  which  is  not  brought  personally  home  to 
Mr.  Hardy,  ought  at  all  to  aflVct  him,  other- 
wise than  as  it  it  may  prove  (wiiich  was  the 
object  of  it)  a  general  conspiracy  in  the  coun- 
try to  call  together  a  convention,  which  was 
to  be  supported  by  force  against  the  govern- 
ment; with  that  view  nine-tenths  of  the  cvi-. 
dence  that  has  been  read  was  admitted,  and 
yrith  that  view  only;  and  it  was  stated  by  the 
I  Court,  that  Mr,  ilardy  was  not  to  be  affccled 
,  hy  any  of  that  evidence,  any  farther  than  he 
might  be  proved  afterwards  to  be  engaged  in 
that  plot,  and  to  the  extent  only  that  lie  was 
I  proved  to  be  engaged  in  it ;    noimcly,  in  the 
plot  of  calling  together  a  convention  lor  the 
purpose  of  attainmg  their  end  against  tlie  go- 
Ternment,  by  force  of  arms,    llicrr  is  proof 
enough  to  snow  that  Mr.  Hardy  did  mean 
thai  a  convention  should  be  called ;    he  cer- 
i^iu]f  did,  and  I  do  not  dispute  it,  but  the 

aucstion  for  you  will  be,  whether  Mr.  Hardy, 
lit  individual  standing  at  your  bar,  did  in  his 
mind  intend  that  that  convention  should  act 
hj  force  against  the  government. 

Now,  gentlemen,  1  wish  it  were  within  the 
eompasa  of  my  ability  to  have  separated  the 
evidence,  and  to  have  laid  distinctly  before 
you,  what  evidence  does  apply  to  Mr.  Hardy, 
upon  this  poinL     I  admit  that  his  case  rc- 

auires  it  I  admit  that  his  counsel  ought  to 
0  it ;  and  I  have  but  one  excuse  for  not  do- 
ing it,  which  is,  that  to  the  reach  of  my  ability, 
the  thing  was  impossible ;  though  I  have  had 
the  accidental  leisure  of  a  Sunday  to  look  into 
the  papers ;  yet  from  not  having  a  copy  of  a 
thirdpart  of  the  letters  that  have  been  pro- 
duced in  evidence,  except  those  which  are  in 
the  report  (and  I  do  not  mean  to  blame  any 
one  tlmt  I  have  them  not)  lliough  I  cndca^ 
toured  to  do  il,  I  wasted  a  considerable  por- 
tion of  my  time,  and  I  found  it,  at  last,  abso- 
'  Jtely  impracticable.  I  must,  therefore,  leave 
to  you,  1  trust  to  your  rccoUetivon,  Vtj  xSxv. 
)fei  w/iich  you  liave  li^en,  ai^d  lo  ihe  aV 


Trial  of  Thomas  Uandtf 


\i\i 


iention  you  will  pay  to  L 

conies  to  sum   up,  for 

much  of  this  afl'ects  Mr.  Uiudy.     in  my  j 

prehension,  none  of  it  goes  to  show,  tliai ' 

his  mind,  there  existed  a  design  of  etfectingi 

reform  in  the  parliamentary  rcprescntalio  ' 

by  force. 

You  obflirve,  gentlemen,  thai,  in  the  for 
part  of  my  argument,  I  contended,  t'    *  ^^ 
existed  no  such  design ;  if  there 
is  another  part  of  my  argument,  \ 
j  colour  for  nxing  any  thiu»,  as  it  sr 
'  upon  Mr.  Hardy,  the  prisoner,     f 
it  IS  in  evidence  to  you,  that  Mr. 
never  been  without  a  spy  at  his  eU 
'  last  two  years,  from  the  year  1792  t 
I  lime  that  lie  was  apprehended  ;  he  has 
been  at  any  meeting,  he  has  never  been  wiUi 
any  assembly  of  friends  at  whic  h  there  wu 
;:  not  present  some  person  w^ho  has  earned  to 
the  ears  of  government  every  thinj^  that  waa 
said ,  by  every  person,  at  these  m*    *  T ; 

it  not  singular  then,  that  with  thu  i 

xvhiLh  these  men  had  to  produce  n 
I  admit  they  had)  that  not  one  sir 
sion,  upon  any  occasion,  is  prn 
dropped  from  the  mouth  of  1 
'  disrespect  either  to  the  King,  i 
[  But  I  would  not  rely  much  ujkui  thai  .—is  ii 
not  also  singular,  that  not  even  an  haity  ei* 
,  pression,  not  an   accidental   word,  has' ever 
I  fallen  from  him,  to  show^  that  it  cvtr  wii%  m 
his  contemplation  to  use   force  for  ai 
pose?     And  is  it  possible,  that  if  he  h^ 
ceived  in  his  mam  a  design  of  c; 
project  of  that  convention  by  tor'.  ! 

as  he  has  been,  with  spies  const  i  t 

liim,  some  unguarded  word  shouiti 

time  or  other ,liave  fallen  from  hiin, 

that  he  had  entertained  such  an  intfi.  . 
You  will  observe,  that  though  it  is  «  part  i 
the  evidence  of  the  crown  to  ahovir  a  geticr4l 
plot,  and,  fot  that  purpose,  they  have  goQ« 
into  general  evidence,  yet  you  have  another 
Question  to  try ;  you  are  to  say,  not  only  itbt- 
Iher  there  was  any  such  plot ;  but,  if  thcrt 
was,  whether  Hardy  wa§  an  actor  in  it,  and 
embraced,  in  his  mmd,  all  its  criminal  viewif 
For  you  are  trying  his 
this  convention,  whether  it  was  t 
his  mind,  that,  when  called,  it  sS  > 

force?  No  matter  who  meant  ii,  .,  ...  -4 
not;  if  that  was  not  the  iulentign  of  Mf. 
Ilardy,  you  cannot  find  him  guiUy  ;  and  If  it 
was  his  intention,  I  do  think  il  utterly  impos- 
sible, that  going  into  the  history  of  hi*  lift 
for  t^'o  years,  going  into  every  act  of  il,  at- 
tending him  at  every  meeting  thai  he  evcf 
attended,  with  spies  whose  <  ii 


intention!)  in  calluif 


upon  all  occasions,  it  ts  uttt^ 
think,  that  some  r     - 
word,  should  not  h 
ing  that  this  "^-  * 
is  proved  to   ' 


pre^Mun  fr*jji 


\- 


1165] 


Jiir  High  Treason. 


Boes  the  history  of  human  life  furnish  yoii 
with  &  smgle  inbtauce  of  a  man,  living  acer* 
taia  i^lan  in  I  us  mind,  for  lwi>  years  together, 
meeting  pcrscms,  with  whom  he  is  supposed 
to  have  been  associated  for  the  purpose  of 
carrying  that  plan  into  execution,  coxivcTsing 
vith  them  upon  ihe  subject  which  would  fm- 
turally  Icail  to  it,  wil*j  the  utmost  freedom^ — 
Supposing  himself  nol  watched ;    supposing 
himself  to  he  talking  with  men,  in  wliom  he 
might  repoiie  the  itiost  certain  conBclence;  do 
you  find  any  instance,  in  the  history  of  hu- 
man nature^  that  a  mau  the  most  artful  and 
wily,  through  the  course  of  two  whole  years, 
has  never  in  confidence  dropt  an  expression, 
showing  he    entertained  that  desliiii  which 
Mfas  lurking  in  his  heart?     Docs  the  bi&lury 
©f  bumiin  nature  furnish  you  with  such  an 
inslance  ?    And,  if  it  does  not^  surely  your 
humijnilyj  your  good  nature  will  lead  you  to 
say,  th^t  It  has  not  existed,  for  the  first  liuie, 
io  this  unturtunale  man  at  the  bar.     Gentle- 
men, yiHi  arc  trying  an  act  of  his  mind  i  you 
arc   trying  whether  it   was  hi*   intention  to 
compass  this  end  by  force;    if  it  were  not, 
whether  siich  was  the  intention  of  any  other 
fcrson  is  jmmateriaL    Then^if  he  has  never 
suffertid  to  escape  from  him  an  expression, 
from  which  that  can  be  collected;  it  all  thtit 
has  fallen  from  his  lips,  for  the  last  two  years, 
has  been  communicated  to  those  who  accuse 
Mm,  being,  as  he  stipposed  himself  always  to 
he,  in  company  with  triends  and   confidents, 
irhcn  he  was  m  company  with  spiesy  surely  it 
11  too  hard  to  say,  thai  he  entertained  in  his 
»ind,  during  all  this  time,  a  project, •concern- 
ing which  he  never  utlcred  a  syllable,  even 
to  those  with  whom  it  h  urttended  that  he 
conspired  ;  that  is  too  muck  for  human  cre- 
dulity to  give  faith  to* 

If  Mr.  Hardy  were  a  man  of  profligate  man- 
ners and  dissipated  life ;  if  he  were  a  man 
likely,  iVom  ihe  tenor  of  his  conduct,  to  rush 
ipto  a  plan  of  this  sort ;  if  I  lould  presume, 


A^  D.  1794*  [1166 

slug  with  him  upon  political  subject,  h«  en- 
deavoured to  draw  from  him  what  h'ls  object 
was,  and  the  means  by  which  he  meant  to 
attain  thiil  object;  that  he  always  told  him, 
it  wxs  parRamentary  reform,  upon  the  duke  of 
Rici  mi  oners  plan,  awl  that  the  means  by 
which  lie  meant  to  obtain  that  object  were 
peaceable.  You  observe,that  these  witnesses 
whom  we  called  to  his  character,  were  not  all 
people  of  his  way  of  thinking,  but  that  some 
oad  diflercd  with  him  in  politics.  1  believe 
that  is  in  evidence,  T  know,  however,  the 
fiict  to  he  so.  They  all  concurred  in  saying, 
that,  during  all  the  time  they  have  known  him, 
some  for  twenty  years,  his  masters  whom  he 
served,  all  concurred  in  saying,  a  better  cha- 
racter never  belonged  to  man. 

GeiUlemen,  this  is  a  case  in  which,  of  all 
others,  a  peaceable  character  ought  to  wetgh; 
because  this  is  a  case  in  which  you  are  trymg 
the  act  of  the  prisoner's  mind  ;  in  w^hich  you 
are  trying,  whether  he  had  ccm^pired  with 
others  to  pull  down  this  government  by  force  ? 
Whether  he  was  ready  to  take  arms  in  his 
own  hand,  and  attack  the  established  powers 
of  the  country  ?  That  is  the  question  you  are 
to  try  ;  and,  if  you  fiud  any  thing  short  of 
that';  if  you  do  not  find  that  it  was  the  de* 
sign  of  Mr.  Hardy  to  attack  the  government 
by  force,  through  the  means  of  a  convention, 
it  is  impossible  yoii  should  find  him  guilty* 

Then,  gentlemen,  surely  this  character 
ought  to  weigh  ;— surely  a  man  of  such  peace- 
abie  manners  as  belong  to  him,  ought  not 
lightly  to  be  presumed  capable  of  such  an  act; 
and  when  you  add,  too,  that  his  conduct  lias 
been  most  diligently  scrutinized,  for  two 
years,  in  a  manner  which  no  man  could  be 
aware  of;  when  you  find,  that  they  are  ac- 
quainted with  every  thought  of  his  mind,  that 
has  found  expression  by  his  tongue^  and  that 
i>o  word  has  ever  fallen  from  bim  indicating 
a  criminal  intention,  it  is  not  too  much  to  ex- 
pect you  to  say,  that»  whatever  other   men 


to  entertain  and  to  pursue  violent  objects,  by 
Tiolcnt  means,  there  mi^hl  be  something  in 
this  case.  But  you  have  heard  the  character 
tbttt  has  bceu  given  of  him ;  I  think  I  never 
heard  so  imivcrsal  and  complete  a  character 
eiveri  by  so  many  persons,  of  an  individual  in 
Ins  situation,  in  my  life.  All  sorts  uf  persons 
have  been  culled  to  you  ;  his  neighbours ;  his 
friends ;  those  with  whom  he  lived  in  tnti- 
macy  J  those  of  the  same  business  with  him- 
sell ;  some  bis  countrymen  :  some  not ;  all 
of  them,  concur  in  saymg,  that  he  is  a  man  of 
the  most  amiable  disposition,  and  respectable 
ciiaractcr  ;  that  be  is  a  man  of  the  most  peace- 
able mind  ;  that  he  is  Ihc  last  man  in  the 
world  whom  they  should  ever  think  capable 
of  entertaining  such  a  project  as  is  now  im- 
puted to  him, 

'l^be  minister  whom  he  attends  has  been 
called ;  he  not  ouly  says,  that  his  conduct  in 
lihi  has  been  exemplary,  his  manners  amiable 
«itd  peaceable,  but  he  tells  you,  that  conver- 


from  bis  general  habits,  lliat  he  was  disposed  i  may  have  intended  upon  this  subject,  he  had 


I 


not  those  views  which  are  imputed  to  bim, 
and  therefore  ought  to  bavcyoux  verdict  la  his 
lavour. 

Gentlemen,  let  me  remind  you  again  of 
what  the  point  is  which  you  have  to  try ; — it 
is,  whether  Mr.  Hardy,  at  the  time  he  con- 
curred in  the  resolution  for  calling  this  con- 
vention, did  himself  personally  mean,  that  the 
convention,  bein j  called,  should  act  by  torce 
of  arms  against  the  government  T  That  is  the 
point  which  you  have  to  try. — Mr*  Hardy's  life 
has  been    sifted  : — It  is  not    proved,   that, 
through  the  whole  course  of  it,  conversing 
with  men  upon  the  subject  of  this  intended 
convention,  and  of  the  parliamentary  reform 
meant  to  be  effected  by  it,  he  ever  dropped  a^ 
single  expression,  from  which  it  can  be  col-  j 
Iccted,  that  he  meant  to  use  force ;  if  he  did  i 
not  mean  to  use  force,  he  must  be  acquitted  I 
of  the  charge  now  brought  against  him. — That] 
he  did  not,  1  tbmk  this  evvdetiv-^^jat^Avi\^  sd 
I  prove  ;  aIvdA\\et^foT^-,\\I^asS^.\\i&Q^'^■a^^*2^ 
\  wiW  giNc  \i\m  ^oui  NW^vcX  ^l  v:Mjiv\X5i2v, 


1167]        ^5  GEORGE  in. 

liOrdChief  Juslice  i^^rc.— Mr.  Hardy,  UiC 
counsel  whom  you  have  had  assigned  to  you 
ui  your  own  request,  hiive  hitherlu  conducted 
your  defence,  examined  your  Avitnesses,  and 
each  of  them  has  addressed  himself  tu  the 
jury  on  yourbelialf:  you  are  ali-o  at  full  hberty 
to  speak  for  yourself,  if  you  wij*h  to  do  so'; 
aiid  if  you  do,  this  is  the  proper  time  tor  you 
to  be  heard. 

Mt.  Hardy, ^My  lord,  1  am  perfectly  satis- 
fied with  the  defence  my  cnunscl  have  made 
fuf  me ;  And  I  apprehend  there  is  no  need  of 
my  saying  any  more. 

Lord  Cnlet  Justice  Kyre, — And  you  do  not 
\vish  to  add  any  thing  ? 

Mr,  Hardy .^ — No,  my  lord. 


Trial  qf  Tfiomas  Hardtf 


[1168 


Mr.  SoUcUor  General*  May  it  please  your 
Lordships ; — Gentlemen  of  the  jury— The  De- 
fence oi  the  Prisoner  being  now  closed,  it  is 
my  duty  to  address  you  in  reply  to  what  has 
fallen  from  the  learned  counsel,  and  for  the 
puryoseof  (in  some  degree)  summing  up  the 
evidence  thai  has  been  given.  You  have  no 
doubt  been  impressed  with  the  very  able  and 
very  powerful  speech  which  you  have  last 
hesira  delivered  J  ^nd  lam  happy  in  the  op- 
portimity  of  congmlulating  myself«and  the 

frofession^  upon  the  exertions  of  abilities  which 
think  have  been  equal  to  any  which  I  have 
ever  witnessed.  The  prisoner,  lam  sure,  has 
been  most  ably  defended  ;  and  if  the  defence 
js  unequal  to  the  purpose,  it  is  becau&e  his 
case  is  indefeuiiible,  and  not  becatise  full  jus- 
tice has  not  been  done  to  liim. 

I  must  confess,  however,  that  with  respect 
to  one  lluDg  which  fell  from  the  leading  cuun^ 
seJ  tor  the  prisoner,  and  which  was  repeated 
in  ttie  course  of  what  he  said  to  you  cenlle* 
men,  I  fell  great  surprise.    I  refer  to  what  he 
said  when  he  talked  to  you  of  the  poUci/  of  a 
verdict — I  have  ever  been  taught  to  think  that 
, a  jury  of  Englishmen,  sworn  to  decide  upon 
the  Me  of  their  fellow  EngUshman^  are  to  de- 
cide only  according  to  the  truth  of  the  case 
wli^  is  made  out  m  evidence  before  them, 
'  ivithout  turning  aside  to  the  right,  or  to  the 
felefL  keeping  perpetually  the  direct  course, 
'  »nd  attending  only  to   the  evidence  before 
( them,  Uie  bw  as  it  affects  that  evidence,  and 
I  what  is  the  conclusion  which  ttiey  ought  to 
I  come  to,  without  entering  into  a  cotisidei^lion, 
Iwther  on  the  one  side  or  the  other,  of  any 
|4H}htical  circumstances  whatever ;  and  much 
^should  we  have  to  lament,  if  political  circum- 
Lftances,  or  any  circumstances  bev<jnd  thcpar- 
^^cuiar  case  belbre  the  jury,  should  in  any  de- 
^ee  weigh  with  them.    The  trial  by  jury  is 
lie  great  safety  of  the   state  it  sell,  and  of 
[fivery  individual  member*    If  we  suffer  it  to 
f  fce  perverted  one  way  or  the  otlier,  we  remove 
'poui  the  constJiulion  of  the  ^vermnent  the 
;rcat  control  which  the  people  of  this  coun> 
~' hnvc  reserved  in  their  own  hands;  that 

«  Sir  John  Mitford. 


control  which  prevented  the  fynnn?  <if  « 
Cromwell  from  reacliing  to  such  ext* 
might  have  done,  which  firs^t  Tihook  J 
second  upon  his  thrune,  and  which  at  jm  mnc^ 
h^s  preserved,  and  which  at  all  timo  »ili,  t 
trust,  be  found  sufficient  to  preserve  the  lighli 
and  privileges  of  the  subject,  as  wcU  as  the 
conslitiitionof  the  state. 

In  common  and  ordinary  criminal  caies, 
beyond  the  particular  case,  and  beyond  the 
mischief  that  may  arise  from  crimes  ''oint 
unpunished,  in  whatever  way  the  venhci  v^ 
given,  no  ^rcat  inconvenience  can  result ;  but 
in  cases  wnich  so  greatly  affect  the  ^tJile  a» 


!i. 
til 

inhtiitteil 

^  conosel 

ircd   tu 

thfoir 

■  'it 


the  charge  of  !)igh  treason  does» 
the  state  itself  may  be  fatally  iu  ^ 
It  is  ytiur  duty  to  tfiscard  even  i! 
tion.     You  arc  simply   to  give 
according  to  that  which,  in  yoin^  4 .,...,. 
you  bhallbelieve  to  be  the  truth  of  the 
as  mailc  out  to  you  in  evidence,  and  whoJI; 
discard  every  other  consideration. 

(iemlemcn,  in  fallowing  my  learned  friend? 
who  have  appeared  as  counsel  for  tho  i^ 
I  have  considerable  diliiculty — a  d.:.  ■  . 
which,  perhaps,  in  some  degree  ihc  case  uu- 
puses  upon  mc,  but  I  think  thus  far  appears 
clear,  that  they  have  not  attempt'  ' 
date  iheiruth  vf  any  one  impon 
as  far  as  I  am  able  to  iud^e,  the  tt,, 
important  fact  stands,  rn  effect, 
upon  the  defence  which  the  prf.oni' 
have  made.  They  have 
qualify;  they  have  cndcuv 
some  obloquy  upon  particular  wii 
I  think  you  will  observe,  that,  upui 
every  attempt  of  that  sort  (m  sonic  iv  ^  r 
perhaps,  justly  founded),  but  rvcry  aiu 
of  that  sort  has  failed  of  shaking  the 
great  points  of  the  case.  Un  the  runttary. 
my  learned  friends,  with  &  great  dcgr«e  oJ 
judgment,  have  omitted  even  to  touch  upon 
snmeof  the  siroiig  parts  uf  tf^'-  - —  I  wuM 
also  observe  tlmt  the  facts  r  been 

staled  by  the  witnesses  whw  L.,  .  ^, .  ^a  p4r^ 
testimony,  are  facts  in  gri>erat  to  wbjcb  gfcail 
numbers  were  also  privy,  which  might,  t}«ere> 
fore,  be  conLradicleo  by  great  numbers,  Iflkey 
had  not  been  truly  stated  by  f tir  wttnmeav 
and,  therefore,  you  have  the  ^roiHiit 

for  presuming  that  it  was  ]  by  llic 

production  of  any  witnesses  a^d4it>i  Uiroilt 
touch  these  facts.  With  respect  to  une  il 
them,  which  I  observe  w^ii  fariicultrljr 
noticed  by  Mr.  Gibbs,  T  meati  wluit  paii^  on 
the  2nd  of  May, 
there  might  be  a  f 

cully  in  niidintj  uul       .*:  ^  ^ 

witness,  or  finding  out  pcr^uus  w^ 
evidence  to  contradict  hnn.   f   t 
were  at  tlic  moment 
court  who  were  present 
one  of  Ihcin  an  oftictr  » 
have   t>een  here  consl-.n, 
who  sal  next  Mr.  IT 
ing,  and   who  con 
Groves^  if  he  had   ^aii 


1169] 


for  High  Treason* 


A.  D.  nO'i. 


[1170 


With  respect  to  some  part  of  what  has  l>ecn 
urged  by  my  learned  tnends,  I  really  have 
thought  it  an  attack  upon  Mr.  Burke,  the 
duke  of  Riclinioud,  his  majesty's  mmistry, 
the  eon^titution  it^lf,  rather  than  a  defence 
wfllie  prisoner  at  the  bar.  All  these  conside- 
ration m,  it  appears  to  mc,  ought  to  be  ihro^vn 
entirely  out  of  the  case.  Vou  are  merely  to 
cidc  upon  Uic  evidence  l*efore  you,  and 
ion  tlwl  evidence  us  it  appUca  to  the  prisoner. 
Conccivinff,  therefore,  that  my  friends  have 
not  been  able  materially'  to  shake  any  of  the 
injporlanl  lads  of  the  case,  I  shall  very  shortly 
take  II  view  of  the  law  of  the  case,  and  con- 
sider It  wjth  reference  to  what  appears  to  me 
to  be  the  striking  and  leading  (acts.  But  it  is 
necessary  tirat  to  observe,  that  as  ihc  meaning 
nnd  intention  of  Ibe  acts  imputed  to  the  [in- 
ioncr  are  more  questioned  than  the  acts  thcm- 
f»elves,  it  may  be  important  a  little  to  attend 
to  the  evidence  a^  it  may  appear  tu  impute 
that  meaning  and  intent  to  him,  in  cotiunon 
with  a  great  number  of  other  persons.  It  did 
not  enler  into  liic  mind  of  the  attorney-gene- 
ral vk  lien  he  opened  tlii:»casc  to  yuu,  to  impute 
to  the  great  mass  of  ()eop1e  cunccrneu  in 
these  traasartioni  any  such  meaning  or  intent 
as  he  imputes  to  the  itrisoucr  at  the  bar.  He 
conceived,  on  the  contrary^  that  the  proceed* 
IngB  were,  generally  speaking,  a  system  of 
fraud  jiiid  deception;  always  profes.sin^  one 
thing,  and  really  meaning  another;  confining 
the  knowledge  ot  their  true  meaning  and  in- 
lent  to  a  few  per!u>ns,  who  were  the  directors 
and  ill'  '  '  uf  the  whole,  who  had  the 
whole  !  I  eflect  under  their  manage* 

tsent.  ii  uij^  wijre  matter  of  doubt  with  us 
befure  the  cau!%e  was  opened,  we  can  hiive  no 
doubt  of  it  now.  It  is  imposMble  tu  duubt 
that  there  was  great  secrecy  in  parts  of  llie 
transaction,  that  a  few  transacted  the  whole, 
and  that  the  rest  blindly  submitted  to  what 
COur^r  itiev  directed. 

'  n,  the  whole  cross-examination  of 

th'  J  witnesses,  and  the  whole  of  the 

ongui,il  examination  of  the  witnessed  for  the 
prisoner,  and  their  cross-eiiamination^  seems 
to  me  to  show,  that  a  vast  majority  of  the 
persons  who  were  engaged  tu  the  transactions 
which  liave  been  brought  before  you  for  dis- 
GOSMOflf  have  beem  persons  who  implicU!^ 
gac€  Up  their  iudgmcni  to  (heir  leaders.  You 
vrill  rt'coUect  the  manner  in  which  llroomhead 
de^'  I'li^'l  i»  lie  said,  **  they  hstcned  to  their 
gj  ,  aa  to  their  guides  uud  dinctras ; 

Di'^  it  the  vanity  to  think  Uiat  (hetf 

coiiid  »orm  a  prouer  pbin  of  proceeding ;  tiiey, 
therefore,  puHM-d  a  string  or  rebolMttnn**/*  as 
Ih-    ■  uclly  stated,   **  >  ^U 

to  V  them   up,  b' !  js« 

persons  tu  Ll:  tucij  of  ^j  uad  iiiivmg 

Cooiidcncc  m  their  jud .  ume  of  them 

appeftff  tliro 
ip  liave  doiit 


at   such  a  distance  he  could  not  hear  wha_ 
was  said,  but  gave  his  vote  in  coii«»eauencc  of 
seeing  all  the  rest  vole.    Some  of  them  dea*l 
cribed  themselves  as  being  ioiall^  inattentive**! 
You  will  recollect  Archibald  Hunter,  a  rnjii|l 
who  described  himself  at  last,  as  havin(;  hCoM 
a  hair-dresser  and  perfumer ;  but  wi»Q  had,  afl 
he  represented,  forgotten  what  tra.de  he  hadl 
been  of  before  he  hved  upon  his  nicang.    HsI 
stated  that  he  heard  the  resolutions  at  Chalk-] 
Farm  and  the  Globe  tavern  read,  but   he  di4j 
not  vole ;  he  took  no  part  in  them ;  und  lial 
siiid  of  himself^  that  this  arose  merely  from  J 
the  inattention  which  per\'ades  his  wMioIc  codj^] 
duct*    I  can  easily  believe  that  niany  othe_ 
petifons  were  as  inaltentivc  as  this  man  wnaA 
and  en;^.iged  as  he  did  in  such  societit*^  as  thin 
without  adverting  to  consequences.     His  irii 
deed   miserable,   that   there  shoidd  be  such, 
men,  but  more  miserable  that  Uitirc   shotddl 
be  persons  who  take  upon  ihem  to  kad  micM 
men,  and  to  decide  lor  ihcm  n  whiclll 

are,   umjuestionahly,  at  least  sipon*! 

tance,  not  only  to  those  men  LM.,r  '   ^ti 

to  every  other  man  who  lives  in  tli; 
For  inaltenlivt  men,  like  theae,  m  j 

to  the  most  violent  meabures,  will  r^ 

least  judging  lor  IhtmseUes  upon  ih_     .  ,,    -U  - 
Genlleinen,  utmost  everyone  of  the  wiKi 
nesses  who  were  produced  on  the  part  of  thf  | 
prisoner    from    tlie    London    Corresponding] 
Society  (for  I  think  there  is  only  one  trooi] 
the  Constitutional  Society)  but  almost  every  j 
one  of  the  witnesses  for  the  prisoner  from  ihil 
London  Corresponding  Society  has  been  of  I 
this  description;  and  the  only  witness  whmj 
was  of  the  Constitutional  Society,  was  Mf, 
Wills,  the  dancing-master,  who  was  a  mem*»  I 
ber  of  both  societies,     lie  said  he  was  little  \ 
acnuaintcd  with  their  proceedings;  he  never  j 
looked  into  their  books,   though  it  appeared 
that  the  books  of  the  Ccnslitutional  Society 
constantly  lay  upon  their  table ;   he   never  ' 
heard  of  a  secret  committee,  or  a  committee 
of  correspondence,  till  he  read  it  in  the  news- 
papers, tliough  it  has  been  proved  thai  the 
whole  business  was  transacted  by  the   com- 
mittee of  correspondence,  or  secret  commit  tec. 
That  committee  was  not,  indeed,  urigumfly 
named  a  secret  committee,  hot  it  got  th^if 
name^  as  a  nick  name,  from  all  it^  proceed- 
ings being  secret ;    and  /inally  it  got  that 
name  from  its   very  members.      Upon    th« 
uh<  fr  i.t  the  evidence  of  Wills,  you  mu»t  be 
!  I  hat  he  was  not  a  man  whom  they 

e  sought  as  a  member  of  citlicr  of 
Iht'  societies  from  any  other  motive,  than  that 
he  appeared  very  willing  to  part  with  hti 
luooey,  and  probably  wuii  in  better  circutn* 
Stances  than  mo<*r  of  tlit*m  werr . 

The  ph"  '      n»a 

strong  CI  I  had 

rdon 


4  F 


1 171]        35  GEORGE  IIL 


the  nimiagcrs  u(  the  society,  those  men  u  ho 
had  fjcen  delegates,  \*ho  had  been  of  ihe 
c*»nnuitlccs,  so  fur  iis  they  were  nul  directly 
itnpliculed  in  the  accu^s^tion  now  made  ? 
But  not  one  man  is  brought  forward,  who  has 
ever  been  a  regular,  con^Unl  atttiuknt  of  the 
London  Corresponding  Society;  for,  to  the 
best  of  my  [recul lection,  the  greater  part  of 
those  they  did  bring,  h»d  not  attended  the 
society  for  a  considerable  time  before  the 
prisoner  was  Liken  up  ;  so  that  with  all  the 
recent  tninsactions  they  were  ullerly  unac- 
i^nainled.  According  to  my  recollection, 
Dnnfing  and  Hunter  were  the  only  persons 
who  had  been  present  at  any  of  the  retcnl 
transaction!^,  and  they  couM  give  no  account 
of  them.  Hunter  from  his  inattcnlion;  and 
Dow  tins;  did  not  admit,  that  he  had  been  any 
where  Vait  at  Chalk-fann,  and  he  did  not 
hear  what  passed  there. 

I'hcfe  were,  however,  amoDg  the  persons 
thus  deluded,  some  men  of  more  observation, 
or  better  understanding;  and  this  I  particu- 
larly apjijy  to  one  of  the  ShclBeld  witnesses  ; 
a  man  of  the  name  of  Widdison.  You  will 
recollect  the  circumstHnces  under  which  he 

five  his  evidence,  and  the  temper  with  which 
e  gave  it«  For  I  must  beg  to  deny  what  is 
asserted  by  the  counsel  for  the  prisoner,  that 
you  arc  to  give  equal  credit  to  t^very  part  of 
what  a  witness  says.— When  a  jury  perceives, 
that  a  witness  has  a  bias  upon  hi^  mmd^  they 
arc  to  trv  his  credit,  accoruing  to  that  bias, — 
It  wotild,  unquestionably,  l>e  necessary  to  do 
so,  if  hts  bias  arose  from  any  other  cause;  but^ 
if  it  arose  from  prejudice,  you  are,  neverthe- 
less, to  weigh  that  circumstance,  and  see  how 
it  affects  his  credit.  For  the  most  honest 
man  in  the  world  wonW  be  misled  by  that 
kind  of  bias;  and  when  you  hear  persons 
giving  their  evidence,  and  perceive,  from  the 
manner  in  which  they  give  it,  and  from  the 
terms  which  they  use,  that  they  tiave  a  bias 
upon  their  minds,  you  are  to  determine  which 
way  that  bias  lies,  and  to  give  a  due  degree  of 
credit  to  their  testimony,  having  regard  to  the 
probable  ellecl  of  that  bias. 

Gentlemen,  Widdison  states  that  which 
roust  mdtice  you  to  think,  that  he  had,  at 
length,  seen  through  the  veil  whiciij  covered 
tliesc  proceeding's.  For  Widdison  sutes,  that 
he  fwd  agreed  in  opinion  with  Yorkc;  that 
some  few  weeks  before  Yorke  left  Sheftield, 
he  had  a  conversation  with  him  about  universal 
suffrage ;  he  told  Yorke,  he  thought  that  was 
guing  too  far,  and  that  he  would  have  nothing 
more  to  do  with  it.  What  could  have  made 
this  alteration  in  the  mind  of  Widdison,  if  he 
had  not  perceived,  as  the  matter  developed 
lts(df,  Lhingh  which  were  concealed  from  him 
bciure?  A$  he  saw  farther  into  the  business, 
he  thought  he  saw  danger  in  it,  and  f here/ore 
he  would  have  liolhin;;  mc^re  tu  do  wilh  it. 

Gentlemcfi,  yijn  will  recollect  that  Widdison 
was  one  ot   the  ,Sheihekl  commiUec,  and  yet 


Trkf  of  nomas  Hartfy  [UTS 

stance ;  because  it  shows,  that  those  wborlkid 
the  management  of  uifairs^  mtShefield^be^ 


to  find  that  Widdison  did  see  a  little  lotoifar 
business,  and  therefore  that  ve/y  importiM 
letter  was  not  communiealcd  to  hinu — Ithiii 
you  will  hkewise  see,  that  Broomhcaid  be^ 
to  have  a  few  ^'cruplrs  upoir  the  sulfjed,  h^ 
the  nature  of  his  evidence.  Yoa  ohirrty  k 
knew  nothing  of  this  letter.  The  letter «n|K 
nally  proposed,  that  Mr.  Hardy  should  sell 
his  address,  with  respect  to  tlie  {rtltes,  li 
Broomhead.  Broomhead'a  name  is  ilni 
ovit,  and  Moody's  inserted  in  the  stead  of  it 
Whence  could  that  arise  f  Broomheadimi 
ver^'  obscure  man»  and  it  was  rtot  likely  ml 
suspicion  should  arise  from  his  name.  Tlif 
lind  out  a  man,  who,  fram  his  owitdesctipttt 
of  Itimself,  was  not  likely  to  know  anrtlsf 
of  the  matter,  and  he  sutVcred  hb  nmottobl 
used,  without  any  consideratian  wtBtewif 
the  conseqnencta. 

Gentlemen,  it  strikes  me,    and  I  Uioi^ 

when  I  come  to  examine  it,  you  will  befflolr 

perhuaded,  that  the  wliole  uf  that  iransittlB, 

with  respect  to  the  pikes,  at  Sheffield, «t5U 

imftosilion  upon   the    mLods    of   tba  Mone 

there.    For  what  was   the  case?    TbrilBit 

was  spread^how,  God  knows — hutioaknt 

was  spread,  that  the  aristocrats,  a*  thcj  oM 

them,  were  going  to  arm  against  Uiem,  ualtB 

disperse   their  meetings.     For  you  an  ttf 

that  Yorke,  Gale,  and  Davison,— and  jw 

recollect  that  Gale  has  absconded,  as  has  ben 

proved  in  the  cause,  and  so  has  Difi^ofr- 

Yorke,  Gale,  and  Davison,   tell  them,  tb«l  t 

was  lawful  for  them  to  have  arms;  tliilthrf 

were  entitled,  by  the  Bill  of  RighU,  lolwi 

arms  for  their  defence  ;    thai  this  aretooicir 

party  would  certainly  attack  them,  andlbe^ 

fore  they  ought  to  provide  arras.     It  is  dm, 

that  such  discourse  had   been  held  atSkW 

fteld;  it  is  clear,  that,  in  consequence  of  tM 

discourse,  the  minds  of  these  j>eople  had  l«l 

agitated  witli  the  iflca  of  a  civii  commolioi; 

that  they  were  afraid   of   some  attack  Uf* 

themselves ;    and,    under    thai    impraflii, 

tlity  had  provided    themseNes   with  fdn 

Widdison  always  said,  be  would  have  noUias 

to  do  with  it;  and  voii  will  likewise  ictiietf' 

her,  that  Broomhead  told  you,  thefe««?0- 

pressions  of  Mr,  Yorke,  winch  he  recolkM 

as  improper  expressions,  hecauM  be  Mfi^ 

when  they  were  used. 

These  men  were  men  of  that  dcscfTp!«» 
that  it  required,  that  they  should  be  ali»ei 
to  a  great  degree  to  induce  them  loanalbeBK 
selves,  under  pretence  of  defending  t!»i^ 
selves;  but  when  they  were  ooce  anof^y 
what  importance  was  it,  whether  the  grtwirf 
upon  which  they  had  been  induced  to  am. 
was  to  defend  themselves,  or  not  .*  If  iJ»* 
had  the  arms  in  their  hands,  they  mtgbl  ^ 
tliem  offensively,  as  well  as  defeniive^^ 
That  the  persons  who  had  the  direction  t^tbi 
business  must  very  well  know,  mttd  Itiey*^^ 


Jic  neversawUavisonsleitprabout  the  pikes,  .not  persons  of  interior  uaderstaLadiugs.—^'' 
-^liow  that  IS  an  extremely  staking  citcuia- 1  Yorke  has  been  described  as  u  pc»Mi  pi^fij 


1173] 


Jin-  iiif^h  Treaion, 


lupenor  iintletsUnd'mg.  He  well  kticw,  lbal,tf 
those  pcrsonsapprchendetJ  any  ifyury  lo  Ihetn- 
telves,  an  application  to  a  ni.-igi!^trdte  would 
have  tentieu  most  eHFeclually  to  their  protec- 
tion ;  but  he  never  told  them  to  m:tke  that 
application.  He  never  told  iheni^  **  If  you 
are  afraid  of  having  your  liotises  burnt,  or  of 
being  insulted  in  any  way,  apply  to  a  magi^ 
Irate  for  protecuon."  No;  he  rather  chose 
to  make  an  imprcsi^uDn  upon  their  uiind^  by 
what  had  passed  from  the  Churcli  and  King 
party.  I  can  easily  conceive,  liial  a  violent 
party  miphl  have  done  very  improper  things, 
and  very  blamcablc ;  but  U!>e  is  made  of  that 
to  induce  these  men  to  arm  thems(?lvcs ;  and 
iJjat  idea  being  once  entertained ^  you  can 
easily  conceive  to  what  length  it  might  be  car- 
ried, particularly  when  you  lecoTlect  what 
dropped  from  one  of  the  witnesses  for  tl^c  pri- 
soner—tliat  there  was  no  difficulty  whatever, 
when  the  ptan  was  once  settled,  of  having  ten 
thousand  pikes  forged  atShellield,  in  one  day; 
therefore,  all  that  was  wanted  was,  to  have 
Ihe  plan  settled ;  that  ihey  should  have  some 
pike^,  m  that  they  might  know  what  sort  of 
thing  to  order  ;  that  the  jjrice,  which  is  a  very 
cheap  one,  should  be  hxed,  and  the  other  little 
circumstances  arranged,  of  the  length  of  the 
pole,  and  the  materials  of  which  it  wa^  to  be 
made;  and  then  a  verv  few  days  would  have 
ftrmed  a  very  large  body  of  men,  at  ShefBeld, 
mth  these  pikes;  and  a  body,  so  armed, might 
have  been  used  in  the  manner  which  you  will 
recollect  Yocke  stated  fco  Broomhead,  and  in 
nrhich  those  who  governed  them  were  well 
disposed  to  use  tKem;  namely,  that  rather 
than  be  trampled  upon,  in  the  way  in  which 
they  were  supposed  to  be  trampled  upon,  he 
would  have  gone  at  their  hcau,  to  London, 
A  body  of  ten  tliousand  men,  with  pikes,  thus 
led,  might  have  been  like  the  Marscllois  you 
iuive  su  often  beard  of,  who  liave  acted  at 
Pam,  io  a  manner  not  the  most  agreeable  to 
humanity. 

Gentlemen,  in  consequence  of  this  plan  of 
fraud,  and  of  this  creduuly,  vou  will  remem- 
ber, that  motions  were  male  on  purpose  to 
be  rejected.  That  has  been  clearly  proved  m 
the  transactions  at  ShiifBcld.  The  motion  to 
petition  paiharnent  wasmade^  unquestionably, 
for  the  simple  and  only  purpose  of  being  re- 
jected, in  order  to  its  being  the  foundation  of 
the  subsequent  ^t,^,-.  rtr^urrs.  i3omen  mean  to 
act  fairly  and  h<>  <>  act  in  Uui  way  ? 

And  did  the  b^'  ,    ^ple,  who  attended 

upon  that  occai^nn,  know,  that  that  was  a 
contrivance?  Iho  evidence  has  disiincU^y 
jhown  to  you,  Uiat  they  did  nvt  know  that  U 
^  a  contrivance*    %vlicn  these  m«»n  publish- 


ed to  the  world,  m  the  printed  i 

\vhat  passed  at  Shetiield,  that 

been  made  for  a       >        *  nt, 

bad  been  reject'  not 

oultothe  w^-' '  ' 

That  the  nr 

boeausethti^  ,...,   .i,-  .:.    .-.  ,l^..-.  ., 

Wberau^  in  truth,  tuid  m  lact,  no  such 


of 

iiad 
imd 
kield 


diA- 


A.  D.  1794-.  [1174 

cussion  ever  look  place  ;  it  was  determined 
on  before  hand  ;  ti  was  made  for  the  purpose 
ofbe'mg  rejected;  and  then,  being  rejected , 
other  proceedings  were  directly  to  follow.  I 
think,  also,  there  can  be  little  room  to  doubt, 
though  there  is  not  direct  proof  of  it,  that  tho 
proceedings  at  Sheffield  were  printed  before 
the  meeling  was  held.  They  were  primed, 
certainly,  ancording  to  the  account  which 
Broomlicad  gave,  as  nearly  as  ru>ssihlc  to  tlie 
time  ;  so  that  they  must  have  been  prepured 
for  printing  at  Ica^t  before  the  meeting  was 
actually  held. 

The  proceedings  at  the  Globe-tavern,  you 
recollect,  were  pnnlctl,  lo  be  delivered  on  the 
eighteenth;  whereas  the    meeting  was  not 
held  till  the  twentieth.    So  it  was  tletermioed 
before-hand,  tliat  certain  resolutions  should  be 
passed;  that  certain  things  shofdd  be  done; 
the  whole  proceedings  which  aclually  passed 
at  ihe  Globe-tavern,  were  all  contrived  before 
handf  by  a  knot  of  people ;  and,  lieioi^  so  con* 
trived,  an  account  of  them,  describing  theni 
as  having  passed,  was  put  into  the  hands  of  I 
the  printer ;  and  but  far  an  accident,  but  for  j 
the  prisoner's  happening  to  come  in  the  wa/j  j 
the  account  would  have  been  distrdiuted  be-» 
fore  the  proceedings  were  ha*l ;  for  the  priu^ 
ter  brought  two  hundred  copies  to  the  Gtobe* 
tavern,  and  he  was  told  to  carry  them  back  j 
again,  except  a  few,  which  were  taken  per* 
haps,  to  be  delivered  to  a  few  confidential  j 
friends. 

Gentlemen,  you  will  recollect,  also,  thai  the  | 
account  of  the  proceedings,  at  the  meeting  al  I 
Chalk  Farm, appeared  very. early.  It  docs  noti 
clearly  appear,    that    the  proceedings    weraf 

Erin  ted   before  hand  ;    but  tiiey  mubt  hava^l 
een  all  arranged  before  the  meet'mg  actually  j 
took  place. 

It  seems  to  me,  therefore,  senllemen,  thatl 
a  system  has  been  pursued,  which  absolves  »| 
great  majority  of  the  persons,  although  cer**! 
lainly  very  blameable  in  many  imnsacttons  tnJ 
which  they  have  been  engaged,  from  a  great! 
part  of  the  highly  criminal  intent  imputed  K^l 
the  prisoner.    They  acted    carelessly;  they  I 
acted  incautiously ;  they  gave  I liem selves  uj^-l 
to  their  leaders — but  they  acted  without  any  J 
very  distinct  views  of  what  they  were  doinjg  J 
and  they  acted  (many  of  them)  under  delii*| 
sion,  under  fahe  impressions.    One   of  th 
witnesses,  from  Sheffield,  I  recollect*  who  wa 
examined  this  morning  (I  have  unfortunatel 
mislaid  the  minutes  I  took  of  his  evidenced 
but  one  of  them,  I  recollect,  said,  that  Ins  ofa^ 
ject  solely  was,  to  have  things  as  they  were  ail 
the  Re^-olution,  in  ICHQ  ;  that  glorious  event, 
as  he  described  iL— Now,  genilcmeu,  let 
call  to  your  minds  what  change  has  beefl 
made  hi  the  conslitutjon  of  the   House 
Commons,  since  ihr  Hcvghition  in    1063- 
soon  af\cr  the  Revolution  the  triennial  bil 
"'^""'  ^fid  the  septennial  act  has  *iT'- '-" 

1  in  Ihe  sole  and  only  cli!  c| 

i  L.:  4,     jhition,  in  the  House  a(  -^^  ..-, 
I  except  sevi^tt^VvW^  VlViwXi  \»kH^^t»ailS»l.> 


1 175]        35  GEORGE  IIL 

object  to  exclude  from  the  House  of  Commons, 
person!^  holding  particular  places  under  the 
,  erowO)  and  perbons  havin*^  i.tfirr^;  In   the  col- 
lection of  the  revenue,  v  be  consi- 
dered a5  makinj;  ihcm       ,            t;  so  thol 
the  altcrdliou  in  the  House  ot  Comroons  since 
"  the  year  1688,  must  be  considered  as  rather 
for  tht  LencCt  of  the  people^  than  disadvan- 
tageous to  them;  and  therefore  it  is  clear  that 
I  the  ^.tatcmcnt  which  had  been  made  to  this 
I  man  on  the  subject^  was  a    mere  delusion 
I  upon   his  senses;  it  is  impossible  that  the 
facts  should  have  been  staled  to  him  ia  such 
;  ft  n^aiujcr  as  to  make  him  fairly  comprehend 
[  them.     And  this  was  not  the  only  man  who 
'  wft^  deceived  uix>n  this  subject ;  for  I  think  1 
►  TemcmbtT  another  wiineb**  who  Stfid   he  was 
^jfor  restoring  the  constitution,  as  it  was  in 

tlcmcD,  tlie  great  roajorily  being  thus 
tbflolred  from  the  high  guilt  impulablc  to  the 
ff  vv,  tlie  few  arc  involved  in  a  guilt  of  still 
l!?cpcr  die ;  not  only  the  guilt  which  arises 
from  the  acts  which  they  liavc  committed, 
}  Liiii  which  arises  from  their  having 

i  Lliers  to  be  participators  in  those 

«i  >  ;  ^\nn  did  not  know,  or  who  did  not  at- 
tend to  what  they  were  about;  or  who  were 
misled,  deceived,  and  imposed  upon,  by  those 
ho  took  t'le  lead  in  these  societies.  Among 
icse  few,  the  evidence  has  certainly  deeply 
"  atcd  the  prisoner  at  the  bar.  He  can- 
excuse  himself  as  Broomhead,  Dowling^ 
tmter.  Wills,  and  other  men  of  that  descrip- 
tion, liave  done.  Ue  cannot  say  he  was  little 
cquaintcd  with  the  proceedings  of  the  society ; 
f^hat  he  toook  no  part;  that  he  voted  resolu- 
lions  which  he  never  heard.  He  cannot 
say  that  he  never  heard  of  the  Commiltee 
of  Correspondence,  of  the  Secret  Committee, 
The  very  name — a  Secret  Comraiitce — shows 
that  danger  was  understood  to  he  in  their 
measures ;  even  the  names  of  the  members 
of  this  cumraittee  were  finally  unknown  to 
the  rest  of  the  society ;,  and  by  this  contriv- 
ance, that  the  existing  committee  should  he 
dissolve^^,  hut  should  name  their  successors 
wiihcntt  making  the  names  of  their  successors 
known  to  the  rest  of  the  society,  The  conse* 
quence  was,  that  a  body  was  crctitetl,  such  as 
1  beliexe  never  was  permitted  to  exist  in  tlie 
government  of  any  stale. — When  this  busmess 
fir*l  came  within  my  nolite,  I  looked  into  the 
constitutions  of  those  states  which  have  been 
supposed  to  have  provisions  of  this  kind,  of  the 
most  extraordinary  nature ;  and  I  believe  the 
He  public  of  Venice  is  considered  as  having 
the  moit  extraordinary*  They  have  no  pro- 
vision so  tyrannical  in  its  nature,  or  which 
n»ighl  lead  to  such  dreadful  consequences,  as 
this  Committee  of  Secrecy,  the  very  names  of 
whose  members  arf  unknown.  ' 

So  that  this  L*jndon  Corresponding  Society, 
a  little  state  withm  the  state;  for  5Ut:h  it  is, 
and  that  is  tlit*  danger  of  it,  that  it  is  a  state 
rithjii  l!ie  i;reat  t^lAle,  w\uc\\  \%  aWa^s  ^  iwv- 
■fermti*  tiling  to  the  cumraunW^-  ;  V\mlj^w\i^u 


Trial  of  Thamai  Hurd^ 


\m 


Corresponding  Society  was  given  op  I&  III 
most  despotic  dominion  that  was  evcrcHQO^ 
ed  upon  men  :  ^  ilorninicm  over  ttieirnnrfl 
beyond  all   <  \    wtm  Id  li 

whatever  meif  c-mmk 

sisting  of  perbons  whose  very  aames  l^| 
not  know,  might  think  proper  lo  adopt,  ]' 
that  upon  p-ounds  of  which   the   rr»l  (/t_ 
society  could  have  no  opponnnitv  of  judgiflf 

Gentlemen,  the  very  cm 
cret  committee  was  not  oiii 
ous,  as  it  tended  to  bhnd  Ih  < 
they  were  leading  them  to 
thing  terrible  bet^-    ** 
were,  hut  it  show-  i 

intentions  of  thos.     .  v 

gcrous  beyond  a  po^  bu   Far 

now  can  it  enter  into  i  i  ^  l  i  u  to  oi' 

ceive  that  their  measures  i  m^ 

f>retended  them  to  be;  a    r  iMca,  wA 

ton  est  attempt  to  remore  what  thry  aim 
dered  to  be  an  abuse — ho^  eoitM  they  «•' 
ceive  it  was  necessary  for  tl  -h  to  fin 

such  an  institution  as  Ihfit  (veiM' 

cd  to  you?— such   a  pn  h  90^^ 

crecy ;  it  might  have  I  1  fl^mk 

avowed,  as  it  has  been  j,.i3jy  .'infl  «fealf 
avowed.  Tor,  gentlemen,  in  Ihiscomlr^ipi- 
culative  opinions  upon  government,  and  tffn 
any  other  j^ubject,  if  they  do  not  imnr4«iel? 
tend,  by  the  prt>ceedmgs  taken  upon  dioal; 
the  manner  in  which  they  are  ciftruiiteiM 
other  circumstances,  lo  disturb  Ifie  qaiH  i 
the  state»  remain  untouched. — If  thfvdoioi 
lo  di:^turb  the  quiet  uf  the  5t.Tte,  imquoli^ 
ably  they  are  necessarily  an  inffla^ 

version:  for  no  state  cau  t  I'^F^ 

racjms  are  taken  to  disturb  the  jMibiic  ^fOiii 
in  favour  of  its  govern  me nt-^fwr  tipoo  «ta 
rests  the  authority  of  utt  N?Ht»- 

vernmeut  can  l^e  admii  I>tiAw 

in  jiroportion  to  the  whiWt  cuuv  ;  nLnimifffli 
induce  obedience  by  the  nmny^  tint  attii|iMii 
lliut  ill  some  way  c*r  oihi  r  ru*or  .....v^b^s^ 
consulted  by  that  <  ,»(  «k' 

dience,h:ibitsof  sut  .,fli*>» 

induce  submission  to  i^i  hra*^ 

(used  as  we  are  to  the  t:-  ifcktk 

constitution  of  this  couwiry  bs»  ft^M^ 
think  terrible.  That  habit  of  siibimfiMii' 
duces  the  inhabitants  of  those  eocmlrkl  ^ 
continue  to  submit  to  ihe  incoovfiiNMI 
they  experience,  rather  than  to  en<kogtf  tlv' 
own  particular  happiness  by  resistanee.  8* 
if  a  society  may  be  formed'  in  a  ital^  ^ 
such  a  secret  committee,  accompaiiied  ^ 
such  circumstances,  it  appears  to  me  tbit  w 
state  can  be  safe.  However  wisely  flf  g** 
vernment  maybe  consliuited,  however f^ 
perly  that  government  may  be  adBiiniitm 
(so  far  as  the  imperfection  of  the  htaMftiilBi 
admits  of  governments  betog  wisely  (m^ 
or  wisely  administered)  yet  by  low«riaf  i  ^ 
the  public  opinion,  any  govermsent  ^Mf^ 
may  be  destroyed. 
0^l1^tVettlen/you  will  recollect  tlial  rfw  ■ 


\ 


'1 1 77  ]  /or  nigh  Tretmn. 

hcaril  $0  much ;  m  the  constitution  formed 
by  the  National  Assembly  of  1791,  that  a»- 
^liinbly  did  not  conceive  it  poss^ible  iax  &  state 
lo  t^rt»t  unless  some  restraint  was  imposed 
tifKm  the  c?(tr&vagance  of  opinions,  when  in 
their  ctrctili4tion  they  aimed  at  the  de^lmction 
of  the  «teiU\    That  assembly  also  conceived 
^^  could  not  exist  with  :>udi  a  com* 

I  jioople  in  the  form  of  clubs ^  as  ap- 

\v  —r  to  have  been  estabJislied  in 

tl  lid  one  of  the   last  legacies 

\i  <  their  suc'^'^'-"T<    >**  the  al- 

to served,*.!  (unfor- 

tuj        ^,  txccutcd)  t'       _^        prevent 

liie  daaK^votis  diect  of  clubs  by  association, 
aWfttaon«  rvntl  litlc^atlon,  which  have  ever 
tiace  (  uirb  that  country. 

Oeiii  1  find  that  in  tlie  execu- 

tion ot  i\ub  pUn,  which  I  cannot  avoid  calling 
ji  plan  of  art,  of  deception,  and  of  nius chief, 
whatever  hjgher  name  may  be  attributed  to 
>tf  tlie  pritiouer  at  ttie  bar  must  necessarily 
have  been  concerned.     For  ^     -  -    *he  person 
to  wjiom  in  the  character  «  ,  all  the 

papers  oflh0i©ti«ty  were  tu  .^  ....... -red, and 

Le  was  the  penon 'who5^  Mgnat lure  has  bN:n 
affixed  to  ull  Mich  papcrfi;  and  I  would  cciU  to 
vour   I  «.  gentlemen,  tliat  the  very 

la«t  V:  iod    for    the    prisoner,    Mr. 

Francis,  a.  ^->  nili  tirn  t)t  education,  and  of 
superior  uri'irrrl.iiulniL;,  considered  the  mi* 
will  particularly  recollect  he  made  use]  of  tliat 
softer  as  *'  a  man  of  very  ^ood  sense  ;**  you 
expression — you  will  likewise  recollect,  that 
the  clergyman  whom  he  attended,  dcKTibed 
bim  in  the  same  way ;  as  *'  a  very  teiuible 
man.'^  You  arc  not  therefore  to  auppote  that 
he  wa$  himself  a  rr-'^  '^'  inded.  Indeed  if  you 
attend  to  the  cu  r^^  it  is  impo»$itd4^ 

VOU  f^hijuiiii    iin  I  hv    wuK  —  \iin    will! 

findtl  iof 

Citiiiig  lu  the  coinuuttce  t»l  di^'lrgatca 

lar  parl*»  of  letters,  vr  kctf»iug  back  let- 

^  or  parts  of  Jetter*.,  a*  they  t^iou^ht  proper ; 

iihn%  nil  th^ir  v»*t  romtminicaliori*  Hv  oor* 

■'Of, 

biiiv  — II  hi** 

r  and  coi  n*, 

^,4./«M  vven  to  tlu     .«(ri   .  «>in- 

Jn  the  very  outwit  of  ihc  I^n- 

,1  .]tri  '  y<if  irjv.  in  the  lofmation 

recall  lee t,  and  par- 

it.    ;i   vrrv  lri\  -li- 


[lt78 

rious;  and  it  i<^  perfectly  plain  that  he  did  not 
contmunicatc  to  the  delegates  nil  that  passed 
betwern  him  and  Margarot  aiidSktrvmg; — 
you  will  recollect  that  the  first  pl.in  of  scod- 
itig  delegates  to  the  convention  nt  Edinburgh, 
which  afterwards  u«?«iunied  the  title  yf  the  Uri* 
Ltsh  Convention,  originated  in  a  correspon- 
dence between  the  prisoner  and  Skirvuig, 
which  Wds  expressly  comnumicuied  only  to 
^' "^  "■  *  '"  ■  -iirs  by  Hardv**  letter  to 
!i   of  October  llOtl,  tlial 

^  ., .Lii  toUardyprivatelVt  about 

sendmg  thew  deli^CHtcs ;  that  Hardy  liad  com- 
municated It  to  Margarot;  that  tliey  ui^hn! 
it  to  be  ofiicially  communicated  to  the  sck  iri 
and  the  prisoner  usc%  theMr  words,  "  wuiiwnt 
any  ways  mentioning  that  you  have  wrtUeu 
lo  roc  privately/' 

Dentlemcnf  here  you  see  was  a  contrivance 
to  induce  tiie  sending  delegates  frotn  thn 
country  lo  the  convention  which  was  mtended 
to  be  a*^scmbled  at  Edmburgh;  and  by  whom 
is  the  contrivance  ?  I  do  not  mean  to  »ay« 
that  the  persons  I  am  going  lo  name,  arc  all 
the  p»^^  T,in  ii,  .f  were  concerned  in  it ;  but  it»*^v 
are  itames  appear  in  this  part  n;!! 

tran^  kirving,  Hardy,  arwl  IMargdr^i  . 

no  other  jierson  appears  at  all  privy  lo  the 
original  idea; — on  the  5th  of  October  1793, 
Hardy  writes  to  Skirving — ^From  that  letter  it 
appenr>t,  that  there  bad  been  a  private  correb- 
pondence  between  him  and  Skirvmg  upoi^ 
this  subject ;  that  this  had  been  communi« 
eated  only  to  Margarot;  and  that  MapKurot 
and  Hardy,  cunsufting  togellier,  diicrmined 
that  it  would  bt*  proper,  that  an  oHkial  letter 
should  be  written  upon  the  ^difect^  which 
Hardy  might  be  able  to  ^*"-^  ♦•«  »h<-  delcgalea. 
If  in  ihatoflicial   letter  had  stated 

the  fact,  that  there  had  t'v .  •  ,  ite  corrw* 
pondence  between  himi^if  and  ihe  prisoner 
upon  the  subject,  the  delegates  would  have 
said,  **  where  is  that  correspondence?  ve 
have  never  heard  «tf  it  before."  Therefore  the 
pri^ioof T  telb  Skirving,  do  this  **  without  any 
wayi  motitioning  that  yoti  ttave  written  to  me 
privately.*'     h  iliioi  ,.  this  letter^ 

that   the   previous  wiia  con- 

cealed from  the  rr^t  oi  tn»j  ^^>f  u  i y,  frorn  the 
committee  <'t  delegates,  even  from  ilie  com* 
raittec  <*f  Scrrcry,  h%  well  as  tf'  '■'  '<»  of  the 
wcicty?    th-U  all  this  was  a  e  be* 

twe^H  SV  Tl  iri'T     f  I  inl^'  ^Uiri    M  >'[    I  lift 

pUiV  ^;:'- 

E;it,  ■...;/:,.■--..,.  '  Wi'h- 

r,  in  a  great  hiirr>%  ^  ••  waa 

i  beloM.    Thi*  Ibt  nding 

to  communicate  to  ilw  CouUitu* 

lely,  and  dc legiites  are  cho%en,  and 

^c  5seut  to  fc<hnhur;fh.  — Frohably  thm  was  a 

*tudden  thought :  and  T  think,  when  I  come 

ri  rooTB  partieu* 

I  hat  it  wa«k  m* 

iv■.^■  ^»ri»oncr  had  the 

insactions^  and  pcri^ 


J 


GEORGE 

dence  which  tOQk  place  after  ^IiTRarot  and  [  king  in  the  execution  of  his  aitthorily, 

Gerfald  went  lo  Edinburgh,  you  will  see  thai '  forcibly  lo  aller  ibe  legislature,  and  6r 

the  correspoudencc  between  ihe  prisoner  and 

thctn  beciinie  j)arllv  private,  and  partly  ol  axi 

official  nature ;   and  there  is  one  letter,  of  ihc 

dtli  of  December,  1793,  in  which  Margarot 

.ay5  lu  Hardy,  *'  Vou  may  consider  lhi»  as  a 

private  letter ;  but  you  may  read  such  parts 
■  il  as  you  may  ibink  projicr,  to  any  member 
f  the  society,  especially  where  il  may  be  pro- 

luctive  of  good.*^ Oenllemen,  this  letter 

ijiows  that  Margarot  had  a  nerfecl  confidence 
I  in  ihe  prisoner!  that  he  relied  upon  him  in 
Mhe  whole  transaction,  and  that  he  left  il  to 
lliis  discretion  to  produce  to  the  rest  of  the 
ciely,  such  parts  of  this  letter  as  he  should 

bink  proper  to  communicate* 
Centiemcn,  there  arc  several  other  letters, 
Itrilh  which  1  will  not  trouble  you,  in  which  it 
pjiears  tliat  the  same  sort  of  secrecy  was  kept 
llip  ;  and  on  the  nth  of  April,  1794,  there  is 
Im  letter  from  Margarot  to  Hardy,  in  which  he 
r^pressly  tells  him,  *•  Show  this  to  nobody," 
[A11  these  circumstances  seem  to  make  it  im- 
I possible  lo  consider  Mr  Hardy,  cither  as  one 
[who  could  be  deceived,  or  as  inattentive,  or 
[Ignorant.  He  must  be  ranked  in  the  number 
[  ©f  those  persons  who  led  the  society,  and  as 
I  one  of  the  most  active. 

Gentlemen,  considering  him  in  this  light, 
land  conceiving,  therefore,  that  ihe  evidence 
Vpresses  as  strongly  against  him  as  against  any 
[other  mtn.  I  shall  endeavour  to  investigate, 
Ffirst  of  all,  the  law  upon  the  subject,  and  then 
peonsider  how  that  law  applies  to  the  facts; 
ESnd  I  shall  go  pretty  much  at  large  into  the 
I  law,  in  consequence  of  what  passed  from  my 
vleanied  fnena  who  led  the  defence  for  the 

Cisoner,  and  who  entered  pretty  much  at 
ree  upon  the  subject;  the  gentleman  who 
\  folK>wed  him  having  also  in  some  degree  ad- 
I  dressed  you  upon  it, 

I  ■  Gentlemen,  the  indictment  is  framed  upon 
^tbe  statute  of  the  35th  Edward  3rd,  upon 
I  which  you  have  heard  a  great  deal.  The  pri- 
oner  is  charged  with  high  treason  in  com- 
sing  the  death  of  the  king:  and  you  have 
in  tokl  that  the  law  makes  the  mere  intent, 
EfeUowed  by  any  act  done  in  pursuance  of  that 
[intent  amount  to  the  crime  of  high  treason. 
[  Therefore  the  indictment  states  various  acts 
lio  liave  been  done  by  the  prisoner,  in  nursu- 
1  mnce  of  tlie  alleged  intent.  The  6rst  of  these 
Vb  a  conspiracy  to  procure  a  convention  to  be 
I  assembled  to  subvert  the  legislature,  and 
f  depose  the  king.  Evidence  has  been  given  of 
iTaiious  matters  which  I  am  to  contend  prove 
llhis  fact,  and  several  other  facts  charged  in 
I  the  indictment  as  overt  acts ;  such  as  compos- 
ling  and  niihlishing  various  books  and  papers, 
jconti  tement'»  to  send  delegates  to 

\  c  :      !        !  — consulting  about  aasemViling 
I  convention— agreeing  upon  ihe  appoint- 
ent  of  a  committee  for   thai   purfiose.— 
Thtse  are    charges  which  relate  to  the  as- 
|-«caibling  the  convention. — ^There  is  a  cluirge 
fptocmm$  arms,  to  oppofiowiib  force  tEc 


the  king. — There  is  another  charge  of  a  con- 
spiracy lo  levy  war — another  of  :i  <^.r.*.^.".rf 
to  alter  the  government  and  deposr 

and  others  which  are  nearly  ol     .  _    e 

efiecl,  intended  to  meet  all  poi^^sihie  ctsr* 
which  mi^ht  arise  on  tl»e  evidence  which  hai 
been  laid  before  you. — ^It  is  for  you  to  judge, 
from  that  evidence,  whether  ibe  prisoner  at 
the  bar,  and  those  with  whom  it  is  aUc^ed  be 
conspired,  had  formed  any  design  which 
would  render  their  minds  guilty  within  the 
meaning  of  the  law;  and  whether  he  had  de- 
monstrated this  criminal  intent  by  any  met,  or 
acts,  in  furtherance  of  it,  so  as  to  brmg  him 
within  the  penally  of  the  law.  And,  gentle- 
men, you  must  likewise  consider,  whether  ihc 
acts  so  donej  have  been  proved  as  tin  iiu  r^. 
quires ;  thai  is,  one  act  by  two  v  r 

two  acts,  each  by  one  witness ;  an  ^;r 

you  gjite  credit  to  the  evidence. 

With  respect  to  the  formality  of  the  e«i> 
dence,  as  no  objection  has  been  taken  lo  it, 
(and  no  objection,  I  apprehend,  could  be  tnkcn 
to  it),  I  shall  not  enter  into  that  subject ;  and 
1  conceive  that  the  only  subject  for  your  con* 
sideration  now  is,  how  far  you  are  lo  give 
credit  to  the  evidence  adduced,  and  how  f«r 
that  evidence,  if  credited,  gives  sui^dent 
proof  of  the  charge  contained  in  the  indict 
ment. 

Gentlemen,  with  respect  to  the  queslioiiel 
law  in  the  construction  of  this  statute  of  the 
25th  Edward  3rd,  I  venture  lo  lay  il  down  to 
you  as  clear  law,  that  forming  a  design  to  take 
any  measure  by  which,  if  pursued^  Ihe  ki^i 
life  may  be  in  danger,  and  taking  miy  flep  lO 
pursuance  of  that  aesign,  brings  the  man  who 
is  guilty  of  forming  that  design  and  taking 
that  step,  witliin  the  provisions  of  the  statute; 
and  that  it  is  nerfectly  immaterial  wlieiher  the 
arts  proposeu  to  be  done,  or  the  mnitlifli 
taken,  were  or  were  not  equal  to  the  pur|iOia 
It  is  sufficient  that  the  intent  was  — -r-."*(J^ 
and  the  act  done  in  pursuance  of  tr 

Gentlemen,  before  the  statute  •  ^ 

Edward  3rd,  (as  has  been  repealed 
vou)  there  was  con«iiderable  uncert 
law  of  treason.  Many  acts  wt 
son,  which  were  certainly  m- 
of  the  king*s  authority ;  and  U\  cuu^m^uu^ 
the  legislature  was,  in  the  25lh  Edward  Sfd^ 
called  upon  to  define  treaJi^ons.     Iii  doing  this, 
the  legislature  must  have  considered,  if  «»< 
suppose  the  persons  who  made  tbb  Uw  le 
have  had  the  sense  and  discretion  wtudi  mUh 
nariiy  belongs  lo  men  in  thai  stluatioffi^  and 
they  have  been  generally  cousidcrcil  a»  men 
possessed  of  great  wisdom  —  indeed  it  ia  a 
geneiml  observatioo  upon  the  tffmctifliia  of 
the  rdgn  of  Edward  the   3rd,  pirlkiikiitf 
with  respect  to  law  proceediogs^  thai  Uirj 
were  dear,  plain,  and   uncmbarrasacd,  «f** 
dently  the  work   of  v«  or  iikc»-*d 

must  necessarily  liavc  tw  ihcn^llial 

it  V  «r  for  ihtm  to  cgu^idiBrp 


1181]  S&r  High  Trmson. 

makuig  the  law  of  treason*  >%liai  necessity 
there  was  for  providing  the  law  of  treason  as 
ft  distinct  code, — Tlie  necessity  is  clear  and 
plain : — An  as^ociation  of  people,  forming  a 
state,  must  h'dve  some  form  of  government 
by  wiitcli  Ihc  whole  body  must  be  submitted 
to  fioxne  power.  That  power  is  differently 
constttutcii  in  different  governments;  but  in 
every  government  it  must  of  necessity  be 
•overeign.  VVlmtever  that  power  is,  it  must 
act  for  the  whole  body,  it  must  represent  the 
whole  body,  and  the  act  of  that  sovereign 
power  m«sl,  in  the  government  of  that  state, 
le  taken  to  be  the  will  of  the  whole*  A  state 
cannot  exist  without  such  sovereign  power; 
it  is  the  great  bond  which  binds  the  whole 
togethtr,  and  makes  it  really  a  state  (for^ 
without  mch  a  power  to  control  as  well  as  to 
direct  the  actions  of  all  individuals  in  the 
itale,  they  never  could  act  as  one  body,  and 
as  a  stale),  thus  giving  to  the  whole  body  the 
unity  which  belongs  to  one  person.  The  con- 
sequence is,  that  any  attempt  to  destroy  the 
constitution  of  the  power  so  established,  is 
necessarily  an  attempt  to  destroy  the  very 
purpose  of  the  aasocialion  bv  which  the  state 
tt  formed,  and  Gonsequeniiy  to  subvert  the 
state  itself;  for  the  constitution  of  the  sove- 
reign power  is  an  essential  part  of  the  agree- 
ment, or  the  compact,  or  whatever  you  will 
call  it,  upon  which  the  people  arc  united 
together  in  one  association. 

Gentlemen,  it  is  the  duly,  therefore,  of 
every  person  who  is  subject  to  the  sovereign 
power  of  a  state  so  constitute<l,  to  support,  to 
the  utmost  of  his  ability,  that  power,  as  the 
oeccfeiary  bond  of  the  whole  state;  and  his 
acting  contrary  to  ttiat  duty  ts  treachery  to 
the  state  itself,  and  his  crime  is  denominated 
treason*  —  Gentlemen,  the  true  foundation, 
therefore^  of  the  law  of  treason,  as  a  distinct 
code,  is  the  necessity  of  providing  for  the 
safety  of  the  slate  itself,  in  the  constitution  of 
tta  flovereizn  power:  as  the  principal  object 
«f  the  artmiary  criminal  law  is  the  personal 
arciirity  and  particular  tnioymenls  of  the 
«4ibjccls  of  the  state  as  individuals.  It  has 
therefore  become  necessary,  in  all  countries, 
to  make  a  distinction  between  those  acts 
which  put  in  hazard  the  sovereign  power  of  the 
fltate,  and  those  which,  though  thry  may  be 
contrary  to  the  provisions  oi*  the  laws,  %re 
merely  contempts  of  the  aulhonly  of  that 
sovereign  power  to  which  the  framing  and 
execution  of  the  kws  is  intrusted,  and  ilo  nol 
immediately  put  in  haxard  the  constitution  of 
the  sovereign  power,  and  ihcrttore  the  cxis- 
teiict  of  the  state  itself;  or,  if  they  do  iu  some 
de(^  affect  llie  safety  of  the  sUlr,  arc  not 
taetaderea  as  so  dangerous  as  to  require  the 
^everc  coercion  of  the  law  of  treason.  As,  for 
instance,  Jibeiii,  and  publications  ut  thut  kind, 
t^ugh  tJiey  tend  to  aficcl  the  safely  of  the 
•liite,  hflvf  n^ver  brcn  considered  as  ofUiat 
'1  I,  wbfn  standing  alone, 

ic  legislature,  in  tlic  iith 
01  i^wufii  :ii{i,   was  c&Ued  upoa    to  d«- 


A.  D.  nw. 


[1183 


fine  treason,  it  was  necessary  to  consider  what 
was  the  degree  of  treachery  to  the  state  which 
the  salety  of  the   state  required  should   be 

[)unished  with  the  high  penalties  annexed  by 
aw  to  the  crime  of  treason, — For,  previous 
to  Edward  3rd's  time,  Uie  crime  of  trea- 
son was  a  crime  known  to  the  law,  and  its 
puniihment  was  defined.  The  defect  in  the 
law  was,  that  the  crime  ititif  was  not  so 
clearly  detined  as  the  safety  of  the  subject  re- 
tjuircd ;  and  therefore  the  law  was  made  for 
the  safely  of  the  subject,  that  those  act* 
which  were  not  in  so  great  a  degree  dangerous 
to  the  state,  should  not  be  so  penal. 

In  the  execution  of  the  duty  which  the  ]»« 
gislature  were  called  upon  to  discharge,  they 
declared  that  the  penalties  of  liigh   treason 
should  attach  upon  those  who  were  found 
guilty  of  compassing  the  death  of  the  king^ 
and  particular  persons  of  his  family ;  of  levy- 
ing war  within  hts  realm  ;  of  adhering  to  th« 
king's  enemies,  iu  his  realm,  or  elsewhere ; 
orcounlerl'eiting  the  king^s  great  and  privy 
seal,  and  other  acts  of  less  importance.*— At 
the  head  of  this  detinitioU|  is  the  comjmssin^ 
and  imagining  the  death  of  the  king ;  such 
compassmg  and  imagining,  or  purpose  of  the 
mind,  being  manifested  by  some  overt  act.— 
That  is  the  language  of  our  law.— Upon  the 
construction  of  this  law  1  must  confess  that 
hitherto  no  sort  of  doubt  ha^  occurred  to  my 
mind.     It  has  been  attempted  by  tlie  counsel 
ior  the  prisoner  to  raise  a  doubt  upon  it,  and 
particularly  by  the  learned  j;entleman  who  is 
the   leading    counsel    for    the  prisoner ,^It 
seemed  to  me  (and,  notwithstanding  the  ex*  i 
planation  which  he  thought  proper  to  give,  i| 
still  seems  to  me)  that,  m  so  doing,  he  con- 
tradicted that  assertion  which  unquestionably  ! 
he  made  in  the  character  of  an  advocate  im^ 
lord  George  Gordon*s  case,  that.  "  The  plain,  i 
unextcnded  letter  of  this  act  of  Edward  3nii 
was  thought  to  be  a  sufficient  protection  to  the  j 
person  and  honout  of  the  soverci^^n,  and  \ 
ade<]uale  security  for  the  laws  committed 
his  execution." — Speaking  of  the  statute 
ronaistiug  of  different  and  distinct  members^] 
he  adds,  "**  I  shall  mention  only  two  of 
numl»cr,  the  other  not  being  in  the  remote* 
degree  applicable  to  the  present  accusation 
*i'o  cvrnfftittt  or  imagine  the  dtaih  of  the  king  j 
siK'h   imagination,  or  purpose  or  the  mil 
visible  on^  to  its  great  Author,  being  ma 
fcsted  by  some  open  act ;  an  institution  obvi 
ously  directetl,  not  only  to  the  security  of  hii 
natural  person,  but  to  the  stabiluv  of  the  go* J 
vernmt-nt;  the  life  of  Ihc  prince  bemg  so  in*j 
terwoven  with  the  f- >«-»"t,.t.MU  of  the  statL, 
that  an  attempt  to  i!  one,  U  juatlj 

held  to  be  a  rebcUiutu  ...    ,  racy  against 
olhcr,"^ 

There  1  make  use  of  the  words  of  my  le 
friend ;  and  1  am  sure,  wlienever  I  make 
of  his  words,  I  cannot  make  use  of  belter^ 

«  See  th«  case  of  lord  George  Qordao,iiiili 

Vol.  fl,p.5e!^. 


liSS]        35  GEORGE  lU. 

What  is  the  meAuing  of  these  words? — ^There 
cwiuoi  be  an^  other  than  this ;  that  a  conspl- 
]pfy  ǤMiMt  the  hie  of  the  prince  is  a  ronspi^ 
ntty  a4{BUSst.  the  canblitiiiion  of  the  stute,  a»d 
a  conspiracy  asjainst  the  conHitulion  of  the 
state  is  a  cuiupiracy  ag^iin^t  the  life  of  the 
prince;  the  life  of  the  prince  being  so  inter- 
woven with  the  constitution  of  the  state,  that 
an   attempt    to   destroy    Ihe  one  is  jtistly 
beld  to  be  a  rebcilioti!^  conf^piracy  against  the 
other. — Tlic  provision  is  not  with  a  particu- 
lar view  to  the  (Ustinct  person  of  tlie  man, 
tliough  il  is  intended  to  preserve  great  rever- 
ence to  whoever  \%   upon   the   tJirone  of  the 
(  GduntrVy  but  it  is  because  he  is  the  king;  but 
I  it  he  supposed,  that  when  the  legislature 
I  making  u  law  upon  this    subject,    for 
r  t^c  express  purpose  of  dcfiuiug  those  crimes 
^liich  should  be  deemed  treason,  it  should 
I  overlooked  that  sort  of  provision  which 
mccesnary  for  the  presentation  of  tiic  con- 
PiUtution  of  the   state  itself;    that  the   law 
[  ihould  so  have  retnained  until  thisday ^  and  that 
It  should  be  necessarj %  in  the  language  of  my 
I  learned  friend,  to  resort  to  parliarnent,  for  an 
I  act  to  b«  niade  upon  the  subject  ?  ^ 

Gentlemen,  it  b  abtiurd  to  suppose,  tlmt  if 

fiberc  really  hid  existed  this  defect  in  the  law 

titom  tlic  !^5th  Edward  ^^rd,  till  tliis  tune,  that 

Elhc  defect   should    not  have  been  sunplied. 

I  But  it  never  yet  has  been  understood   tliat 

I  there  did  CKi^t  a  defect  in  the   taw.     It  has 

I  always  understood  that  the  provision  of 

L  law  was  adequate  to  its  purpose;  that  it 

did  sufiBcicDtly  ntotect  the  state  ;  that  it  has 

in  all  times,  and  in  all  instances,  proved  sui£- 

Cieot;     and,  therefore,  the   tegi«ilature    has 

Aever  (with  this  view)  thought  of  making  any 

farther  provibiou  upon  the  subject. 

Gtiiltcnien,  when  it  is  considered  what  is 
the  nature  of  the  government  of  this  country, 
there  rannot  Ije  a  doubt  upon  the  subject. 
For,  m  truth,  the  person  of  the  king  in  name, 
istlto  stale  itself.  All  the  powcrii  of  the  state, 
Itgislative  and  executive,  are  nominally  in 
him.  Not  really,  liecause  the  king  can  make 
jao  law  but  by  the  advice,  aeid  with  lheas:*eiit 
of  the  Lord  Si  and  Commons  in  parliatufut. 
He  can  execute  no  law  but  by  his  judges  and 
other  uiiniblers  of  justice,  according  to  a 
formed  and  regular  establishment*  He  really 
docs  nothing,  but  he  nommally  does  every 
ihmg.  The  consequence  is,  that  he  is,  to  ail 
intents  and  purposes,  the  sole  rei»resenlative 
oftbcsLUe;  and  hi  his  name  every  act  h 
done.  Therefore,  when  the  security  of  his 
peraon  was  provided  for,  and  the  principle 
waft  established  that  that  person  was  so  inter- 
woven with  the  stale  itself^  that  Uiey  could 
not  be  separated,  it  necessarily  followed 
that  the  security  of  the  constitution  of  the 
state  was  provided  for,  in  providing  for  the 
protection  ut  his  person  ;  the  sovereign  power 
of  the  state  never  could  be  attacked,  without 
an  attack  likewise  upon  the  person  of  the 
J*ing. 
Genii eiD en,  it  iilmi?o*sst\>k,\\v?;t^bit^^'!»  \i 


Trial  qf  Thomas  Hard^ 


urn 


seems  to  me,  t^*  dfoubl  that  any  attcfiyt  to 
subvert  the  cociMitutioD  of  u>€  Hnwkn 
power  in  this  country  is,  i  i  ittPBi|l 

to  depose  the  king  trijin  th    '  terivHtl 

he  holds  in   thee  not  the  wnm^ 

power  by  law   r«>t  ;   nnd  t!  hift  feeei 

constantly  held  hiucc  the  ^  llytiC^ 

lute  of  the  y5th  Edward  3r  vatteafl 

to  depo»e  the  king  ne<  •  !!SiQ  i^ 

tempt  against  his  life,  t  r  pntaa 

il  may  be  coloured,  aim  u  neinpr  i nc itilcsiai 
be  wholly  to  depose,  aod  to  put  anoUieriDli 
place,  or  to  destroy  inoosirchy  ilKV: « 
merely  to  take  from  the  king  hts  ^ofcmp 
authority  temporarilyp  for  Mime  cdlaia  wv 
poses,  Mich  an  attempt  has  been  alwi^t)  m 
to  be  treason. 

Ccntlemenil  cannot  douht  Qfthif^nll't 
should  be  necessary,  I  am  persuaded  nr  U 
and  all  the  judges  upon  the  bench,  vluMl^ 
firm  what  I  say.  I  confess  [  <»huuld  hafcb« 
astonished  to  hear  this  doubtcii,  if  in  Ik }» 
sent  a^c  I  coukl  be  astonishc-il  at  ^nv  llil^ 
htit  it  IS  the  temper  of  the  \vM  m 

to  the  world  that  every  thu  u  ba 

revered  for  a«es,  is  uow  nu  lun-r-ruibta' 
vered;  that  ttie  reason  of  oiaiTii  Imam 
*  more  powerful  than  it  wa$  in  fortacr  tM; 
and  upon  every  subject  new  lighlSMttoWk 
in  upon  bis  mind ;  he  is  to  be  a  new  itSBii 
no  longer  to  be  governed  by  the  maiimd 
former  times,  but  to  proceed  entiielj  u^l^ 
theory  of  his  own  conceptions. 

Gentlemen,  when  mv  learned  firieodofi^ 
tills  point,  he  appearedf  to  roe  to  leel  tint  li 
was  so  stnijggling  with  authority,  ihiS  kit 
not  know  bow  to  manajge  the  suHjodri^ 

Erofessing  to  be  bound  by  those  asitlMdttt 
c  at  the  same  lime  pretty  broadly  iatioi^ 
an  inclination  to  put  them  aJI  a<^f.  Y«i 
must  recollect,  however,  that  he  did  lh»,Ofll 
simply  in  contradiction  to  the  decisioBi  <i 
courts  of  justice,  but  in  truth  ■-  -  '*^^afSm 
to  the  decision  of  pariiam  eii  f  tk  ^ 

cision  of  parliament  in  niak  dil^ 

the  decision  of  parliament,  :\»a.> 

cial  capacity.    The   grounu  da* 

learned  friend  has  attempted  to  put  his  ix^ 
ment  is,  that  the  intent  is  the  gist  of  n 
crime;  and  that  when  a  roan  doe&  aftJCS* 
ful^lmcnt  of  an  intention,  be  amst  Bn^  kn 
conceived  the  intentioo.  Now«  gcixtkMU 
by  that  is  meant  that  he  must  havr  loioidt 
distinct  and  clear  purpose  to  do  the  fadiD^ 
act,  ucjtlung  can  possibly  be  nnore  miftUki; 
not  only  in  the  case  of  treason,  but  ta  c^T 
other  rase  whatever.  If  a  man  shoeCl  aii> 
with  an  intent  to  kill  him,  and  kilb  B*  vk* 
he  has  nomlcntion  whatever  of  kiUiiife|tlb 
is  guilty  of  kiiiing  6.  with  mabccafdrSua^ 
So  if  a  man  iays  poison  for  A*  aiwtR  takfil^* 
and  a  variety  of  other  instances  Ibtteiftii 
which  it  is  perfectly  clear  thata  munbivkli 
deemefl  guilty  of  a  crime,  which  was  the  et^ 
sequence  of  his  act,  although  he  bad  m^i^ 
tinct  preconceived  intent  at  Ibo  tioM,  ifail  ^^ 
Tisx  iibp^uld  produce  ^  tbe  coiiamiifiBDi|iiiii^ 


V 


Gentleinetiy  in  commenUDg  upon  this  sta^ 
tule  of  the  25lll  Edward  3rd,  my  learned 
friend  cited  frum  lord  Hale*a  Pleas  of  the 
Crowu  several  passages.  Page  tJO  was,  I 
Ihiiik,  the  first  ifml  he  cited,  where  lord  Hale 
says — **  accr^aciiing  royal  power  was  a  usual 
charge  of  hi^h  treason  anciently,  tliou^h  a 
very  uiicertatn  charge,  that  no  man  couM 
well  tell  what  it  was,  nor  what  defence  to 
isalce  to  it/'  And  again  in  page  %%  he  says 
— ^*  before  the  staiiitc  of  the  95th  Edward 
Srd,  almost  every  oftence  that  was,  or  Bcemed 
to  l)c  a  breach  of  the  faith  and  allegiance  due 
to  the  kine,  was  by  construction,  and  conse- 
quence, and  interpretation,  raised  into  the 
ofi'cnce  of  high  treason/*  For  what  purpose 
Ihisse  pansageji  were  quoted  by  my  learned 
fncnd  1  am  at  a  lo^s  to  ^^uess.  Tliey  s^em  to 
■ne  dearly  to  show,  and  \v  '      ■\  !jy 

lord  Hale  as  clearly  sho>vi  liji 

true  intent  of  the  «latule  ol  u  m  ^  -i  i  , .  \  vvdrd 
drdj  thiit  i&,  that  such  acts  ab  did  not  tend  in 
their  roimrnupiirfK  to  f^ndanger  the  life  of 
thekih  L4hl  be  deemed  in 

•ome  <;  uu  of  royal  |»owrr^ 

or  might  ttecm  to  he  breaches  of  faith  and  al* 
Jegianoe  to  tUc  king,  yet  should  nut  he 
deemed  high  trcasori.  Vou  will  observe  iheae 
we  the  two  articles  which  he  *ppcific«»  in  the 
two  passages  I  \v  !   which 

t^foro  ihe  25th  1  -i:d  into 

the  offence  of  \\v^\\  iTrii^ou.  \\w  ulijecl  of 
the  statute  i%a"*,  ihal  such  offences  as  were 
H"*  <-  "'t'!  in  their  consequences  to  endanger 
t(  fhe  king^  nhuuld  not  be  difemed 

t:  I  v<.  lit  (for  in  this  tlie  stntuie 

fii  ept  that  it  makes  some 

»t»  .  gree  are  accroitchments 

of  royal  ptiwer ,  ur  breaches  of  faith  and  alle- 
l^tjuice  to  the  king,  though  they  do  not  tend 
in  their  consequences  to  endanger  the  life  of 
ttic  king,  high  treason.  What  are  tlicic  acts  ? 
OOti  is  K* vying  war  within  the  realm.  Now, 
IcTying  war  within  the  realm,  in  the  sense  in 
■which  these  words  have  been  constantly  un- 
derstood,  and  in  which  it  is  clear  from  the 

^{,.jr. ,  »  .i.o  -"vitite,  that  the  woH^ *•»  *- 

I  -ny  be  a  sort  ot 

b\  iiig  the  king's  ^,,,..  ..,.,  .,; 

ci  fnch  have  no  view  whatever 

to  II  of  the  government  of  the 

kii»g,  I  opposing  his  authority.    In 

tile  pn  tnnce    of    ndhcring  to  the 

kiog'^  f  have  even  a 

fSOlut*  t*of  the  Kin»; 

mnd  yet  ii  is  Uccluu-il  to  be  1 1 
And  so  the  other  articles ;  coun 
king's  great  or  privy  seal,  or  his  mour  j^  ivc 
it  is  clear  they  could  have  no  possible  view 
to  thr  ♦•r.ri  ....rr.rTng  the  person  of  tlir  king. 
All  th  L;ht  seem  to  be  in  breach  tif 

failh  if  It  f-Ui  the  king»  »>r  coming 

UDd«r   tlie  It)  of  accroachment  of 

fiO^al  power  ifeitiDLr  lb*.'  kiiJi:'s  ^\i\\ 

might  be  called  tiie  accr< 
power;    that  is,  taking  uih 

voLjyav, 


does  the  act,  a  certain  accroachment  of  royaJ 
power ;  but  could  not  by  any  means  whatevtr 
affect  the  person  of  the  king,  and  the  meani 
u«4?d  could  not  in  any  degree  put  the  king^s 
lite  in  hazard.  The  other  two,  levying  war, 
and  adhering  to  llic  king's  enemies  might  or 
might  not  put  the  king's  hfe  in  hajtard,  ac- 
cording to  circumstances ;  and  what  has 
been  the  consequence  f  If  war  is  levied,  ur 
a  man  adheres  lu  the  king*s  enemies^  under 
such  circumstances  as  cannot  possibly  aftect 
the  life  of  the  king,  the  person  guilty  can 
only  be  indicted  upon  those  clauses  of  the 
statute  which  make  levying  war,  or  atlheriog 
to  the  king^s  enemies^  treason;  but  if  he 
levy  war  under  such  circumstances  as  may 
aft'ect  the  lile  of  the  king,  he  may  be  indicted 
upon  the  ftr?*l  clause  of  the  statute  lor  com- 
passing the  death  of  the  king,  and  tlio  levy* 
mg  war  m;iy  he  given  m  evidence  as  an  overt 
act  of  that  compassing,  if  the  object  of  that 
war  is  such,  that  it  may  endanger  the  life  of 
tlio  kiiir  :i  t<)fisTnracy  to  levy  it  is  unqije»> 
rt^  although  the  act  speakft 
war.  And,  theretore,  a 
dti^tuictiou  has  pievaded  in  the  construction 
of  the  law,  and  the  actual  levying  of  war  is 
necessary  to  constitute  the  crime  of  high 
treason  under  circumstances  that  can  have 
no  tendency  to  touch  the  life  of  the  king; 
but  if  the  object  is,  to  destroy  the  sovereign 
power,  or  to  depose  the  king  from  the  exercise 
of  that  sovereign  power,  or  restrain  him  in 
any  manner  in  tlie  exercise  of  it,  a  mere  cotK 
spiracy  to  levy  war  for  such  purposes,  is  liigh 
treason  witlnn  the  first  branch  of  the  'jt:ilute. 
Another  passage  was  cited  by  the  learned 
counsel  from  lord  Hale ;  it  is  in  page  1 10,  in 
which  he  states  and  which  seems  to  me 
to  be  directly  to  the  point  for  which  I 
should  have  stated  it,  tluit  **  a  conspiracy 
to  depose  the  king,  and  manifesting  this 
by  some  overt  act,  it  an  ovcrt^ct  to  prove 
the  compassing  the  death  of  the  king, 
wtttiin  this  act  of  33th  Edward  3rd,**  and  in 
page  111,  he  says,  **  compsissing  to  depose 
It,,.  L  ..^.,  ,.  ,..,  ^.  i.ir.r.^r.    oi"  fTvcrt'acl  withii] 

ind  ard."  He 
-  .  .,  _  ...  L.  _  i;,  :._.iics,  where  lord 
Coke  says—**  As  il  divers  do  con«<pire  ih« 
death  of  the  king,  and  the  manner  how,  ami 
thereupon  provide  weapons,  powder,  poiM>n, 
array,  harness,  send  letter^,  6rc,  or  th<»  like, 
for  f^iecution  of  the  con^pi 
tion  by  some  overt -act  t-< 

the  kmg  t  ^I'd 

I  prison  Tu  '  cef» 

\w\\  demands  ;  im>  on 
prove  the  touipa§^uig  ai^ 
death  of  th-   i—       '-  -  ' 


kT,   iH  to 

IrMM.il   In. 

Andv 
ih4J  Klua^ 

1  ttie 

rr.rd 

1 

4  G 


_l 


1187]        35  GEORGE  HI. 

the  earls  of  Essex  and  Soollmmtiton.*    And 

he  iuitia  thai  it  hati  so  fuUeu  oul  in  several 
<jtljer  cai>es  to  wiiich  he  rerer*;  particiil<irly 
the  cases  of  Edwiird  Sind,  Richard  2nd,  Henry 
filh>and  Edward  5th,  and  other  unfortunate 
kings  who  had  reigned  in  this  country,  and 
who  lobt  their  iives  by  such  conspiracies. 
The  same  doctrine,  with  the  same  comment 
upon  It,  is  also  staled  by  lord  Hale,  with  re- 
Jereiic*-'  to  the  same  cases  ;  and  sir  WiUiain 
Ijlack^tonc,  in  his  Comirieolary^  considers 
these  points  as  settled  law« 

Perdaps  nothing  lends  more  clearly  to  il- 
lustrate a  point  ot  law^  espcciulJy  to  persona 
M^ho  are  not  in  the  habits  of  considering 
points  of  Inw,  than  the  vcr)'  terms  of  a  ca&c 
iffhich  hiis  actually  happened  ;  and  in  that 
view  I  wiil  slate  to  you  ine  proceedings  iipon 
the  trial  of  sir  Chriblophcr  Bhrnt*  and  other  per  • 
sons  wijo  were  indicted  with  hirn^  in  43  Eli- 
zabetl),  for  being  concerned  in  that  transac- 
tion of  my  lord  Essex,  which  1  think  was 
mentioned  by  Mr.  Gibbs,  Upon  the  arraign- 
ment of  sir  Christopher  Bluut  and  sir  Jonn 
.Davis,  who  were  indicted  for  high  treason,  in 
compassing  the  death  of  the  queen,  they  con- 
fes6«d  that" their  design  was,  lo  come  to  the 
queen  with  bo  sli'ong  a  force  that  they  might 
not  be  resisted,  and  lo  require  of  her  divers 
conditions  and  alterations*  of  government. 
This  they  coiilcssed.  Nevertheless  they  in- 
tended no  personal  harm  to  tlie  queen  her- 
seK ;  and  Inat  was  the  reason  why  they  coyld 
laol  conless  the  whole  indictment,  because 
tht:  indictment  charged  that  they  intended 
and  compassed  the  death  and  destruction  of 
tlie  queen.  Lord  chief  juslice  Ponham  told 
Ihem^**  whenever  the  subject  rebel  lelh,  or 
riiieth  m  a  forcible  manner  to  over-rule  the 
royal  will  and  power  of  the  king,  the  wiadora 
and  foresight  ot  the  laws  of  this  land  maketb 
thb  construction  of  his  actions,  that  he  in- 
tend el  h  to  deprive  the  king  both  of  crown 
and  lite;— tor  I  lie  law  judj^eth  nolofthc  fact 
by  the  intent,  but  of  the  intent  by  the  fact." 
To  which  the  queen* s  counsel  added  ;  "  tliis 
couslruction  is  no  mystery  or  quiddity  of 
iuvv,  but  an  infallible  conclusion  warranted 
by  reason  and  eTsp^rience;  for  the  crown  is 
not  a  garland^  or  mere  outward  ornament, 
but  consists  of  preeminence  and  power; 
and.  tlierefore,  w^hen  the  subject  will  take 
upon  him  to  give  law  to  the  king,  and  to 
make  the  sovereign  and  commanding  power 
become  subject  and  commanded,  such  subjeci 
layeth  hold  on  the  crown,  and  taketh  the 
sword  out  of  the  king's  hand.  The  crown  is 
BO  fa^t(  nril  im  the  king*s  head,  that  it  cannot 
Ih*  I  hut  head  and  lite  will  follow^  as 

nil  ,  bolli  at  home  and  abroad,  do 

inauiitJiU  1  iierefore  when  their  words  te»- 
lify  one  thing,  and  their  deeds  another,  liicy 
lu^e  hk^  the  decbration  of  the  f  "> 

witli  Catahne,  jfruies^iing  Ihetr  <  L 

*  Sc«  the  case  m  this  ColkcUon,  Voh  1^ 


Trkt  of  nomas  Hurdtf 


[ttSB 


"'•"•IB 

new    ^ 


was  Ibeir  own  security,  thai  Uiey  soughl  fto- 

thiug  but  just  [aw!t,*and  tlial  fibcrty  which 
no  man  would  Imo  but' with  Jifc«     Botid- 
mitling  that  the  pr  ♦r   •  ♦^    -  '  '   ♦>  ■'  ■-•     -i^ff 
wa<.  so  far  true,  t(  k 

in  their  luindh  a  1^. .;.  ..  ...  a* 

tion  to  liAve  destiu^ed  Uu  n* 

yet  there  is  nothing  more  n  tht 

mind  of  man.  When  they  were  i>ntc  iiJo(l, 
and  lud  the  nueen  in  their  liitnds,  wbo  eo«M 
promise  of  what  mind  they  would  ikgm  b»* 
especially  as  lord  Essex,  upon  his  ami^n* 
menl,  defended  his  first  action  of  inipritiOQiiig 
the  privy  counHellor';*,  by  pretence  dial  be 
forced  to  U  by  his  unruly  company.  So 
if  themselves"  (that  is  bir  Chratilopher 
and  the  res  I)  "  would  not  have  hao,  or 
nut  see/n  to  hsive  had  that  extrerne  lUid 
vihsh  wicket! ness  of  mind  as  t«*  lay  vi' 
han<ls  upon  the  queen^s  sacnd  pe'rs<MJ,  Ht 
what  must  be  done  to  satisfy  the  miflHttioe, 
and  secure  thek  party,  must  then  be  ttw  que- 
lion/'*  That  is,  when  they  once  had  tikcii 
the  measures  which  Uiey  meant  to  take«  it 
was  not  in  their  power  to  say  whether  thiy 
would,  or  would  not  secure  the  ■  f>- 

W hat  must  be  done  lo  satisfy  the :  j ^t 

be  then  the  question .  Here,  ^en  t  k  ■  -  m  u  tt 
roe  to  draw  your  attention  lo  -  >r  >  tn^ 
which  fell  from  Broomhcad,  one  of  rli<!  wtv» 
nesses,  who  when  he  wa^  asked  wbetbcr 
there  was  any  idea  of  violei^ce  or  f«rce, 
he  disclaimed  every  idea  of  it  inkUcmmmind: 
but  he  added,  **  what  persons  niinht  lavt 
done,  if  any  convention  had   u  I 

cannot  tcli."    A  very  sensible,  vt;  ;nd 

very  proper  e:^ position  of  the  law  upon  tbi 
subject.  Sir  Christopher  Blunt,  and  tlmt 
indicted  with  him,  when  the  law  had  been 
thus  slated  to  ihcm  felt  tlie  force  of  it*  Thf  j 
said  they  had  entered  into  a  deeper  coiuAdi- 
ration  of  the  matter;  they  were  sorry tiicy 
had  given  the  Court  ho  much  trouble,  but  thi 
facts  of  the  case  were  perfectly  clear ;  _ 
them,  and  they  confessed  the  whole  of 
indictmenl.f  Thcv  were  afterwards 
cuted;  and  sir  Cnriitophcr  niunt  is 
speech  at  his  execution,  - 
snows  the  propriety  of  dra^ 
sion,  as  an  infallible  conclu^ioo, 
by  reason  and  experience,  in  the  si 
and  clearest  mamier.  In  liis  speech  al 
execution,  he  baid,  *'  allliough  ii  he  true 
as  we  all  prolested  in  our  t  i^if 

arraignments,  we  never  rcK'  i  i ng 

to  her  majesty's  person  (for   m  none  «f 
consultations  was  Iherc  »et  down  mof 
purpose)  vet  I  ku*^^^  >ku1  n.t.w!  r^Qf^m^ 
bad  failed  of  our  i,  rmtber 

have  been  disapi  ,        ^^  bftTft 

blood  from  heraelif/'  t 

*  See  the  case  of  fir  Cheifttopber 
and    uUiers  in  this  CoUfirtioD^  \e\,  f»  ff 

t  See  A  ol  |,  p.  Ui ) 
X  See  the  jipeech  of  sin 


1189] 


Jixr  High  Treason* 


D,  1794. 


[1190 


Now  tk^re,  gciilleroeiit  h  ll»e  runfession  of 
A  d>in^  nun,  uhu  fell  and  acktmwlegcd,  in 
his  la^t  tnomciiis^  ilmt  allhougii  tic  hud  never 
faruK^l  any  dibtinct  |»urpose  of  doinj;  any 
ir^ury  wliatevcr  to  ihi;  Cjuoeii  in  I  lie  imnsao 
tion  wJuth  he  has  engaged  in,  yet  he  saw 
the  conclusion  to  which  it  hjivlialdy  led; 
ntni'lv  •.K  till  V  rr,ith]  Tint  K  i\i  ^iibmilted  to 
litiv  l>ose,ratlier 

I  4han    '  ^,  '     ,  i  havedniwn 

blood  cnen  tVoui  tijcrr  sovereign.  It  i^lrikes 
me  tliat  nothing cdii  mure  clciu-ly  demonstrate 
what  is  the  true  ronstniction  ol  this  bw  than 
the  bare  narration  of  the  case  I  have  now 
cited.  It  showA  that  iho»c  who  have  con- 
istrued  the  Uw  io  the  manner  in  which  I  ha%'e 
staled  it,  have  construed  it  by  drawing  infaJ- 
liblc  conclusions  warranted  by  reason  and  ex- 
perience, 

Gcntlemei),  the  ca^es  which  are  menliooed 

by  Kin)  f  oki-  liy  name  onJy»  the  case  of  Henry 

4t]!  Ujchard   'li,  and  Rdward    Uh 

dqM       _.       ury  otli  show  that  the  humbleness 

43ftUc  demand  iit  the  beginning  of  a  scheme  of 

this  sort  may  often  lead  to  the  most  dreadful 

cooeetjuences.    When  the  wife  of  Edward  Sd 

cotMtfiured  against  her  husband,  and  came  over 

I  to  this  country  with  her  infant  son,  her  |iretence 

I  was,  that  it  was  only  against  evil  counsellors,* 

I  In  consequence  of  thai  declaration,  numbers 

I  JoiDed  her^  who  were  discontented  with  the 

t  king^s  government,  unquestionably  with  very 

considerable  rcAfeon.     What  waa  the  re-sult? 

!  The  moment  she  had  raised  this  power,  she 

,  got  the  great  setil  into  her  hands,  she  issued 

writs   for  summoning  a  parliament  in   the 

1  king's  name,  without  his  authority,  and  in  his 

\  absence;  that  parliament  when  it  met,  acting 

I  without  the  king's  authority,  was  in  effect 

J  io  tiie  nature  of  a  convention ;    and  they  re- 

^  Kolvod  to  depose  the  king,  and  place  his  son 

'  in  his  stead.     In  consequence  of  this  resolu- 

UMt  tliey   compelled   the  king  to    make  a 

^Blgliatiou  of  his  crown,  which   was  in  no 

HlgTcc  voluntary;   and  tiiey  placed  his  son 

upon  the  throne.    They  had  no  intention  to 

!  touch  the  ki»g*s  life  ;  but  those  who  were 
more  deeply  m vol  vcd  in  the  conspiracy,  the 
lenders  ol  U»  knew  that  this  life  w^s  utterly 
„  inconsistent  with  their  safety ;  and  in  a  very 
few  montlis,  they  contrived  that  he  should  be 
put  tu  a  rao&t  cruel  death. 

What  w^s  the  case  of  Richard  ^d; 
wtts  it  not  tlic  &iune  thing;  nnd  when  we  talk 
oflhcmeaMi  by  which  a  conspiracy  is  to  be 
effected,  we  know  that  Heiiry  Uh*  wlieii 
lie  iirst  iLindtMl  at  lUven^pm^,  had  but 
tWCf""  '' '!-—■-    K-i-..-  i.riMM   ilu- 


i:^ 


body  oi  people, 
It  to  dt^atlLt 


•  See  the  Pn>c<^djngs  agiiinst  kma  Ed- 
vru^  the  Second  in  this  CoTlecLionj 

t  See  the  ArtkliM  of  Accuiattaii  iguniit 


kmg  tAi- 
,  Vhh  I, 


nf'aiii  ui  ihc 

Ulc,  the  act 


Therefore  you  are  not  to  imagine  that  a 
distinct  cogitation,  or  intention  to  destroy  tlus 
king,  is  necessiiry  ti»  conslittilt't  tlie  crime  of 
treason.  If  the  act  | 
that  which  ia  its  con- 
log  to  ordinary  eji^iiri' 
king,  or  at  Idst  to  cri 
is  in  subitaucc  high-  iu  .. 

Of  the  persons  who  formed  the  convf'ntion 
in  France,  for  the  purpose  of  establishing  a 
government,  such  as  it  now  is^  prohubly  when 
they  deposed  the  king  a  great  numher  had  no 
ideaoftouciiini;  his  life.  We  know  it  was  a 
qiiestioD  extremely  agitated  amona  them^  and 
there  are  strong  re^isons  to  believe  that  the 
majority  of  them,  if  they  tmd  been  free  agents, 
would  never  have  consented  to  that  act«  But 
the  question,  after  they  had  deposed  the  king, 
was  not  what  they  woutd  rfo,  but  (as  was  ob- 
served in  the  case  of  sir  Christopher  Bhmt) 
what  fnuU  be  dant^  to  satisfy  the  multUnde, 
and  secure  themselves.  The  moment  they 
entered  into  those  measures,  they  were  no 
longer  free  agents,  they  could  no  longer  con- 
troftlieir  own  acts,  and  the  consequence  was 
the  death  of  the  king. 

Gentlemen,  this  doctrine  is  also  laid  down 
with  equal  clearness  in  a  book  which  has  I 
cited  by  my  learned  friend,  and  which  app 
to  me  to  demonstrate  the  impossibility 
putting  any  other  construction  upon  the  sta- 
tute. The  manner  m  which  the  author  states 
it,  is  thus—**  The  care  which  the  bw  hath 
taken  for  the  personal  safety  of  the  king  is 
not  confined  to  actions  or  attempts  of  a  more 
flagitious  kind  ;  such  as  attempts  either  to 
assassinate  or  to  poison,  or  other  attempts, 
directly  and  immediately  aiming  at  liis  ufe. 
It  is  extended  to  every*  thin^,  wilfuUv  and 
deliberately  done  or  aitemplcd,  whereby  his 
Ufe  may  be  endangered.  And,  therefore,  the 
entering  into  measures  for  deposing  or  im- 
prisoning him,  or  to  get  hii>  peisou  mto  the 
power  of  the  conspirators,  these  offences  arc 
overt  acts  of  treason,  within  this  branch  of 
the  stittute.  For  experience  hath  shown»  liiat, 
between  the  prisons  and  the  graves  of  kings, 
the  distance  is  very  small.'' 

Gentlemen,  this  is  the  language  of  a  man, 
who  has,  in  general,  been  considered  as  ex- 
tremely correct  upon  this  subject,  sir  Michjicl 
Foster,  who  whs  well  known  to  many  persons 
now  living.  lie  was  considered  as  a  man  as 
hllle  disposed  Io  stretch  the  law,  ufion  any 
sutjject,  as  ;uiy  m*m  tliat  ever  sat  upon  the 
bench  ;  but  he  saw  atid  tell,  that  the  ical 
mciiniugof  thi-jsUtute  was,  to  provide  tor  tiie 

K-.tl.t'.   iiTiIh    mn-'lilutioji  of  ihr  slilr.  ;iad  lot 

ho 
.    ,  ■    be- 

cause, 111  providujg  Ivr  the  >iileiy  ol  ihc  kiUg, 
the  law  necessiirily  provided  also  for  tht  safety 
of  that  constitution  ;  the  crown  being  w  fixtHi 
on  the  kingS  liead,  tlial  U  could  nut  be  pulled 
oH,  but  ht'iid  and  life  would  follow. 

king  Richard  the  Second  uxtJL^CO!^R^^Rf^<| 
Vol.  i,vis^- 


1191]       S5  OBOR6B  UL 


Trid^Thmak»U»d^ 


[llflS 


I  have,  therefore^  been  much  at  a  loss  to 
collect  upon  what  groand  mTleanied  friend 
could  asBcrty  that  iiothiiigooiild  bea  oompata- 
uu[  the  death  of  the  kn^  under  the  statute 
oTEdward  Sid,  but  what  would  amount  to  a 
oompaadng  the  death  of  any  other  man,  under 
the  common  law.  He  attnbuted  this  asser- 
tion to  urBiichael Foster;  but,  with  submis- 
sion to  him,  sir  Michadl  Fosterasseris  no  such 
thinnn  the  passage  tp  whidimyfriend  alluded. 
Heisspeakmgonlyofthe/orMofthe  indict- 
snent ;  and  it  is  pcnecllj  dear,  that  the  case 
of  the  long,  and  the  case  of  an  indhridualy  are 
in  no  degree  parallel.  For  when  the  mere 
ioHiginmg  the  death  of  a  man*  aeeompanied 
vitb  an  overt  act,  was  deemed,  in  law,  as  a 
homicide,  it  never  entered  into  the  idea  of 
a^  man  that,  to  remove  a  man  from  his 
office,  or  imprison  him,  were  overt  acts  of  com- 
jmssing  his  death,  fiut  those  acts^accordineto 
every  authoritv,  are  overt  acts  of  compasme 
the  death  of  the  king,  within  the  meaning  m 
the  statute.  The  reason  of  this  difference  i« 
cleer.  In  the  case  of  the  king,  deposing  him. 
imprisonment,  or  any  ooersion  of  that  kind 
tends  to  bis  death,  with  relatkm  to  bis  poH^ 
tieal  character,  bemise  he  is  king,  and  for  no 
other  reason.  Youcannot uae m  term  depo- 
sition to  a  private  person,  ner  can  imprison- 
ment merely  have  any  tendency  in  itself 
whatever  to  his  death. 

My  learned  friend  staled  another  passage, 
from  k>rd  Hale,  page  95,  with  respeot  to  ttie 
statute  of  Richard  the  «nd.  At  the  time  he 
read  that  passage,  I  apprehend  he  had  the 
book  in  his  hand.  If  not,  he  had  certainly 
omitted  to  take  from  the  book  the  passage 
which  immediately  follows.  For,  if  be  had 
stated  both,  he  could  not  have  mentioned  the 
first  passaee,  so  as  to  raise  any  doubt  in  your 
minds.  For  lord  Hale  expressly  states,  that 
the  statute  of  Richard  Snd,  was  merely  for  the 
imrpose  of  making  additional  forfeiture  of 
lands,  and  a  new  mode  of  trial ;  and  addins 
some  other  circumstances  in  the  four  cases  of* 
treason,  mentioned  in  the  statute,  all  of  which 
he  states  as  being  actually  treason,  within 
the  statute  of  Edward  Srd,  and  one  of  them  is 
deposing  the  king.  So  it  perfectly  appears, 
that  kird  Ha)e  considered  the  statute  of  the 
It  Richard  2nd,  as  in  no  degree  afifecting  the 
original  law  upon  the  subject,  and  as  intended 
to  mtroduce  only  additional  severe  provisions, 
to  establish  a  new  unheard-of  mode  of  trial, 
and  to  add  some  other  circumstances;  all  of 
which  it  was  thought  proper,  b)r  a  subsequent 
statute  of  the  4  Heniy  4th  entirely  to  sweep 
away. 

Uentleroen,  I  mentioned  to  vou,  that  the 
legislature  had,  both  in  its  legislative  and  in 


Hie  mmmZ 


its  judicial  capacity,  eiven  prMiseW  the 
determination  upon  the  subject.  The  statute 
of  the  r  William  drd,  limiting  the  time  for 
indietoients  for  treason^  excepts,  by  particular 
words,  persons  designmg^  endeavourine,  or 
attempting  any  assassination  on  the  body  of 
•A(iiJuflg>>yprisonp  orotherwise;  butdoer 


Hot  genendlyt 
the£ath  oftliel 
that  statute  must 

that  there  eusled  ciact  wBeh  were  (« 
the  meanmg  of  the  tft. Edward  «id^  MB| 
ing  the  death  of  the  kiag»  «iddidMt« 
within  the  meaninKof  i 
soch  attack  imo 
the  king.    And  in  , 
ment,  m  kxd  Lovatf» 
toun's  eeset  where  the  dnifa  hna  beoa  tf 
treason,  hicompaavngthedcntfaeflheldi^ 
the  same  deciriona  have  been  made.    In  Im 
Wmtoun's  case,  sir  Joseph  fek^  (•to  km 
generaOy  been  onderslood  to  Mvebesn  ai 
oottstitirtkinal  a  lawyer,  end  nasood  avkit^ 
as  any  that  ever  existed)  eMea  Ibe  law  ifaB : 
^  a  cens|Hnusy  to  levy  war,  with  intent  to 
depose  the  king«  is  treason;  andsncfaacoa* 
spmey,  to  levy  sueh  a  war,  baa  been  heUts 
be  aA  overt  act  ofcompaesbgaildinia|^nat 
the  death  of  the  king.^    He  then  vpeskstf 
another  overt  act  alleged,   wln^  was  kti 
Wintonn's  ioining  with  others,  in  \ 
the  pretender :  ^whkh,**  says  be,  * 
veuring  to  set  up  another  mnce,  inlfaereen 
of  his  majesty^  and  I  believe  itwtU  not  be 
doubted,  but  that  is  Kkewiie  an  overt  act  of 
the  same  species  of  treaaon ;  and  if  tfaae 
wanted  another  overt  act,  the  levying  wsr 
against  the  long,  with  intent  to  depose  Um 
(which  b  likewise  mentioned  in  the  aiticlBSM 
a  distinct  spedes  of  trnaon)  am  aerve  fsr  SB 
overt  act  of  the  other  species  ot  eompasng 
and  imagining  the  king^  death.    For,  thoopi 
it  is  reckoned  in  the  statute  as  a  distinct  tics- 
son,  yet  it  dk>th  not  thereby  cease  to  be  of  tbe 
nature  of  an  overt  act  of  compassing  sad 
imagining  the  king's  death,  which  it  wasss- 
tecOTcntto  its  being  declared  a  distinct  soecies; 
and  this  point  is  likewise  supported  dj  su- 
thorities,   and   many  attainders  have  oeeo 
upon  it."t 

This  was  declared,  by  sir  Joseph  Jekyll,  od 
behalf  of  all  the  commons  of  England,  on  the 
impeachment  of  lord  Wintoun,  before  tbe 
House  of  Lords ;  and  lord  Wintoun  was  fbmd 
guilty  of  treason  upon  that  iropeachmept; 
and  judgment  being  pronounced  against  him, 
the  king,  as  the  head  of  the  commonweshh, 
issued  his  warrant  upon  such  judgment,  for 
the  execution  of  lord  Wintoun.  In  that  ded* 
sion,  you  have,  therefore,  the  three  branches 
of  the  legislature,  in  their  respective  capacities, 
giving  precisely  tbe  same  construction  of  the 
act,  which  is  now  contended  for. 

Gentlemen,  the  assertion,  that,  ifpersoas 
had  conspired  to  seise  (for  instance)  Uog 
William's  person,  and  to  send  him  back  to 
Holland,  expressly  declaring,' that  they  intend- 
ed no  harm  to  his  person,  they  srould  not 

•  See  it  in  this  Collection,  Vol.  18,  p.  599. 
t  See  it  hi  this  Gollectkm,  Vol.  15,  p.  805. 
i  See  sir  Jooeph  Jelnrll's  opeains  speech  m 
the  case  of  the  <«d  ofrTmom^  cnii,  VoL  l^ 


1193] 


for  High  Treason* 


hnv«r  b*fn  guilty  of  trewon,  seems  to  me  very 

,*ry.    In  the  assassination  plot*  It 

iipati  the  evidciict,  that  the  iiiten- 

u'iis  only  in  case  the  con- 

t.curc  his  jicrsoii*    Their 

f  the 
,.,.:  .,  ,,....  ^..._.  .,.  .-.,c.  u..^  Jiuuld 
^cotbe  able  to  secure  hi^  person^  that  they 
ncanl  to  asisassinalc  him.  In  Iaycr*&ca*et 
\i%  waa  exnre»»Bly  proved,  lliat  tlie  design  to 
cizc  the  kinp*!.  person,  was  not  tot  the  pur- 
l|K)Sc  ot  kiUint;  him^  hut  Id  order  to  protect 
Ihini  from  !n*>ulL  The  intention  of  the  party 
bv^iS  to  make  the  pietcnder  king,  and  to  »eixe 
ithe  iHir^n  of  George  1st,  for  tne  purpose  of 
^  lending  him  back  to  IJanover. 

In  lord  Cobham*5  case,  in  the  reign  of 
b James  Ht,  the  conspiracy  was,  to  stite  the 
llcmg*s  person  indeed;  but  nut  with  any 
l*view  of  deposing  him  (except  by  depriving 
l^ini  ul  power  for  a  time)  nor  for  Ihc  purpose 
i  4>f  injuring  his  person,  in  any  degree  whale ver, 
but  for  the  purpose  only  of  compellin*^  him 
to  aBsent  to  the  general  tolerdtion  of  tlie 
c  rehgion  in  this  country,  and 
,  intended  to  be  proposicd  fut 


ROllr 

to  ti  1 

that  purpg^'. 
OentWmen, 
shall     '      ' 
tf  a 


under  these  ctrcumsiances  I 

'J  be  perfectly  clear,  that, 

rmea  %o  de^^poil  the  king 

■  '  ■'  He  of  his 

intof  the 

,^..M.^,    tu  .-  ..   ^-viispiracv  to 

►  depose   the   king,    and    therefore  it   is   high 

►  treason  in  compassing  the  death  of  the  king. 

fientlemen,  it  has  Imku  next  insisted,  that 
the  nature  of  the  evtd(!ncc  required  to  prove 
high  treason  i«  different  fn^m  that  which  is 
required  in  any  other  case,  hy  force  of  the 
word  '  prorabty,'  used  in  the  statute  of  Edward 
Srd,  and  that,  therefore,  the  fviden^e  mufst 
be  direct  <ind  plain,  [  conceive,  in  this  re^- 
IptcU  Uie  evidence  required  is  exactly  the  same 
,  with  the  addition 
,  that  there  mu*il  be 
list;  that  is,  either 
I  act,  or  one  witness 
another  witness  to 
the  same   species  of 


two 

<o  ^'-■-     ^'^^ ,    -- 

fWiother  overt  act,   of 
I  ^"osson.    With  respect  to  any  other  distinc- 
ktion^  in  point  of  evidence,  I  have  found  no 
^  mmlioritv  whntrvcr.     If  the  mind^  of  the  jurv 

mre  ' 


not   , 

tnind^,  m  no 
guilty  io  be  \n> 
the  jury  arc  i 
would  prod uc! 

ca^e  iifti  TT 

crmie,  tl 
samei  ia  L..  . 


iencc  will 
in    their 

verdict  of 
minds  of 


♦  d4*eitithi$Cgllectioti  VaJ.  It,  pp.1501, 
t  See  it  in  this  Collector),  Vol.  16»  ft*  95, 


A.D.  I7M.  [HOI 

Another  objection  which  has  been  raised 
h,  that  the  evidence  has  been  curried  to  so 
great  a  length.  It  is  perfectly  imnuiterial, 
whether  the  evidence  is  long  or  sliort,  with 
respect  to  the  ctfect  it  should  have  when  it  is 
complete ;  whether  you  come  to  a  conclusion 
by  the  proof  of  many  circumstances,  or  by  the 
proof  of  only  one;  for,  if  the  conclusion  and 
result  of  the  whole  is  a  conviction,  in  your 
own  minds,  of  the  guilt  or  mnocence  of  th< 
person  accused,  the  eonsequence  must  nc 
6ari]y  be  the  same. 

In  cases  of  treason  the  evidence  has  often 
been  very  extensive,  but  certainly  in  no  case 
fro  extensive  as  it  has  been  m  this.  In  lord 
Stralibrd^s  case,*  however,  which  was  a  case 
of  impenehmcnt,  the  evidence  was  very  ex- 
tensive, and  took  up  a  considerahli!  lenclh  of 
time ;  and  lord  Coke,  in  that  book  which  Mr. 
Erskine  rited  with  so  much  respect,  obj^erves, 
that  the  compassing,  intent,  or  imagination  of 
the  king*s  death,  in  a  case  of  this  species  of 
treason,  lliough  secret,  is  to  be  tried  by  tlie 
peers;  meaning  the  jury;  and  to  be  discovered 
by  circumstances,  precedent,  concomitant,  and 
8ub»»equenl.  By  such  circumstances  you  are 
to  discover  the  intent;  and  then  you  are  to 
apply  that  intent  to  the  particular  acts  which 
arc  alleged  as  overt  acts  of  treason,  if  they 
do  not  m  their  very  nature  demonstrate  the 
intent  itAclf. 

Considering  the  law  to  be  clear,  I  will  now 
state  the  nature  of  the  conspiracy  charged. 
It  is  nut  a  simple  conspiracy  to  destroy  the 
life  of  the  king  upon  the  throne,  and  aiming 
urilv  :(i  l/ini :  hxMl  it  is  a  conspiracy  (as  it  has 
br  led  to   be   proved),  in  effect,  to 

dc  I  ^  .  I rchy  altogether;  in  the  language 
of  one  ot  the  letters  which  has  been  read  to 
you,  to  rip  up  roimarchy  hy  the  roots,  and 
plant  democracy  in  its  stead.  And  I  conceive 
that  this  is  to  be  drawn  by  f&ir  concluBton 
from  the  tacts  demonstrating  a  treasonable 
conspiracy.  An  intent  to  destroy  the  monar- 
cli  "     Tl  act  in  pursuance  of  that  intent, 

dc  the  intent  to  compass  the  death 

ol  ....  ftjn-,  as  plainly  as  an  mtenl  to  rob  is 
demonstr;ited  by  a  man's  coming  up  with  a 
pistol  to  your  carriage,  and  showin"  that  he 
nas  the  power,  or  that  he  conceives  he  has  it, 
to  take  from  you  your  money*  In  such  cases, 
without  even  demanding  your  money,  if  the 
thing  were  intended  to  be  done,  and  means 
were  taken  for  the  pur|>osc,  the  nature  of  the 
attiick  is  utterly  unimportant  to  the  question 
of  gmlty  or  not  guilly— it  is  unimportant 
fbftrrowmgj  as  I  may  do  for  this  purpose,  the 
r:i*i>i  one  of  the  Scots  delegates,  Mr, 
i)  whether  the  life  of  the  kinc  is  lo  be 
Liiti'iiigered  by  a  robber  on  the  heath,  or  by 
associated  duhb:  and  I  think  that  the  latter 
is  far  mrr"  f*  -^  f-rous.  History  tells  us 
thieve*  [>etied  the  persons  of 

t€i^ns»  I...;  1  ...  have  felt  for  foJ  leu  great 
which  popular  conventions  never  have  done,' 


•  8cei\Uk^teaOa\\tK5a&tiv^^VVv'^»? 


1195]        35  GEORGE  m. 

GeDtlcroen,  I  was  repeatedly  called  upon 
by  my  learned  friend  opposite  to  me,  in  his 
address  to  you,  to  state  the  point  of  time  when 
the  prisoner  first  conceived  the  criminal  in- 
tention imputed  to  him— my  answer  is,  that 
it  is  perfectly  immaterial  when  it  was  first 
conceived.  The  question  is,  did  he  erer  con- 
ceive it;  and  if  he  did,  and  acted  in  pursuance 
of  an  intent  so  conceived,  he  is  guilty  of  high 
treason,  although  the  intent  is  not  necessarily 
a  distinct  intent  to  destroy  the  king,  but  an 
intent  to  do  any  act  which  might  en^mger  his 
life,  by  any  probable  consequences. 

Now,  gentlemen,  lias  the  evidence  produced 
to  you,  shown  any  fact  from  which  it  may  be 
£iirly  concluded,  that  there  has  been  a  con- 
spiracy to  take  measures  in  consequence  of 
which  the  king*s  life  might  be  put  in  hazard  ; 
and  has  the  prisoner  done  any  act  or  acts,  in 
Airtherance  of  such  design  ?  I  think  when 
the  evidence  is  attended  to,  that  there  can  be 
no  doubt  upon  the  subject. 

The  attorney-general  in  his  opening,  stated 
a  case,  in  which  he  attributed  to  several  per- 
sons, and  particularly  to  the  leaders  of  these 
two  societies  (of  both  of  which  the  defendant 
was  a  member,  and  to  one  of  which  he  was 
secretary)  one  general  object,  which  they  con- 
sidered as  a  common  cause  with  other  socie- 
ties, and  with  all  the  friends  of  liberty,  in  all 
countries :  the  establishment  of  a  representa- 
tive government,  founded  on  the  principles  of 
the  Rights  of  Man — and  he  likewise  attiir 
buted  to  them,  a  general  pursuit  of  means, 
for  the  accomplishment  of  that  object — ^first 
by  enlightening  the  people,  and  secondly  by 
assembUng  a  convention  (or  meeting,  or 
whatever  name  you  choose  to  give  it,  for  there 
is  no  magic  in  the  word  convention)  which 
should  assume  the  character  of  a  convention 
of  the  people. 

That  is  the  material  point — a  convention 
which  should  assume  the  character  of  a  conven- 
tion of  the  people,  for  a  convention  oft  he  people 
CD  the  principles  of  the  Rights  of  Man,  must  ne- 
cessarily be  sovereig^n.  What  are  the  people? 
The  natural  power  is  in  the  hands  of  the  multi- 
tude ;  the  force  remains  with  them.  If  therefore 
those  who  have  the  natural  force  are  to  be  called 
into  action  by  the  assembHng  of  a  meeting  which 
is  to  assume  the  authority  of  a  convention  of 
the  people,  the  whole  people  are  called  into 
action,  and  government  is  necessarily  dis- 
solved. Tiicre  is  an  end  of  all  government; 
every  constitution  must  fall  before  such  a 
power ;  because  it  is  the  people  themselves, 
taking  back  into  their  own  hands,  that  power 
which  they  had  before  delegated — I  do  not 
pretend  to*  state  principle^  contrary  in  that 
respect  to  what  these  societies  have  stated — 
that  power  which  the  people  in  all  coun- 
tries must  be  considered  as  liaving  dele- 
sated.  But  the  moment  persons  are  as:>eni- 
bled  who  take  uix>n  themselves  tlie  character 
of  a  convention  of  the  people,  upon  everv  prin- 
aple  tbev  must  be^  if  they  are  what  they  as- 
sume to  be,  sovereign:  and  if  they  are  not 


TriaiqfThmtu  Hwrd^ 


[1190 


what  tlicy  assume  to  bf,  still  if  they  tssaam 
to  be  a  convention  of  tSe  people,  they  assuma 
to  be  sovereign. — Gentkm^  if  this  is  clear, 
the  end  these  persons  wished  to  obtain  was 
necessarily  the  deposition  of  the  king,  and 
something  to  be  done  in  consequence  of  iU 
It  does  not  absolutely  follow  of  necessity,  that 
the  monarchy  should  be  destroyed,  and  that  a 
representative  ^vemniant  should  be  esta- 
blished; for  it  IS  possible  that  the  convention 
of  the  people  so  assembled^  might  deliberate 
with  wisdom  upon  the  subject,  ought  be  of 
opinion  that  the  monarchy  was  still  the  best 
form  of  government,  limited  in  some  way  or 
other,  anid  mij^ht  therefore  form  a  constitu- 
tion which  in  its  nature  should  be  monarchi- 
cal. But  whether  they  should  do  so  or  not, 
still  the  deposition  of  the  kins  would  be  in  the 
interim  as  complete,  as  if  they  had  actually 
destroyed  him. 

Gentlemen,  the  principles  adopted  by  these 
clubs,  give  very  little  room  for  nope  tost  if  a 
convention  of  the  people  should  have  been 
assembled,  acting  upon  those  princinles,  they 
would  have  est£U)lished  a  monarchical  bo-' 
vernmept  For,  gentlemen,  those  principles 
(which  they  have  repeatedlv  declared,  in  the 
evidence  that  has  been  laid  before  you,  aia 
principles  never  to  be  departed  from)  are  first 
^  the  ri^ht  oi  equal  active  citizenship,  or  the 
right  ofevery  individual  to  an  equal  share  in 
the  gprernment  of  that  societv  of  which  he  is 
a  member.**  And  here,  gentlemen,  I  would 
beg  leave  to  observe  a  very  clear  and  nutfked 
distinction  between  their  plan  and  what  is 
called  the  duke  of  Richmond's  plan— Iho 
duke  of  Richmond's  plan  never  asserted  any 
such  right  of  every  individual  to  an  equal 
share  in  the  government  of  the  society  of 
which  he  is  a  member.  All  that  his  plan 
went  to,  was  simply  this— an  equal  share  in 
the  constitution  ot  that  body  of  representa* 
tives  who  should  act  in  the  manner  m  which 
the  House  of  Commons  does  in  this  country, 
in  the  legislature  of  the  couutr}*— a  thing  as 
different  as  light  and  darkness,  from  an  equal 
share  in  the  government  of  the  society  of 
which  he  is  a  member — and  yet  you  will  find, 
throughout  the  resolutions  of  these  persons, 
that  constantly  the  right  of  active  citizenship, 
the  right  of  universal  representation,  is  applied 
to  tlie  whole  government,  and  is  not  confined,  in 
any  one  instance  (at  least  I  have  not  found 
one)  to  such  a  booy  as  the  House  of  Commons 
is  in  this  country.  This  right  to  an  equal 
sliare  in  the  government,  is  the  neces>ary 
consequence  and  result  of  that  principle  upon 
which  they  assert  the  right  of  equ^  active 
citizenship ;  and  it  cannot  be  questioned,  tliat 
the  moment  you  assume  that  every  man  has 
a  right  to  an  equal  share  in  the  government  of 
which  he  is  a  member,  the  moment  you  take 
that  as  a  principle,  all  the  rest  must  neces- 
sarily follow. 

The  next  assertion  of  these  societies  is,  that 
the  exercise  of  that  right  of  equal  active  d- 
tixenship  in  appointing  an  adequate  rcpreseo- 


um 


for  High  Treaton. 


A,  D,  1794. 


[1198 


Ulive  t?n*pmmf nt,  is  rtneutial  to  ihc  flcrurity 
oflhai  it  ofrqiMil  arlive  citizenship. 

So  it  n  ibly  I*;  be^^iitjse  in  m*  n^jin- 

ner  but  hy  i  '  ^m 

(Hjwer  i*»  cjU  \oy 

the  right  !..if'  MM.i!  .-  '.r  ■  >\y.      j-.Mi  if 

ibcreti-    t    !  I  I  ri  r-.  II  the  country, 

th^"*  I   U  t<|acii  .k.  L.vi.  ,  mxenshiji.     It' 

i"  1  pcer^  are  lo  have  a  dbtinction, 

L_  ....  LiiaU  it  may  be,  ihey  cannot  be 
rqual  active  crtixens  with  the  rest.  You  must 
perceive,  therefore,  that  the  moment  it  is  es' 
tabUshed  as  a  principle,  that  there  is  a  right 
m  every  individual  to  an  equal  share  in  the 
gcyvernment  of  the  society  to  which  he  be- 
TofDgSy  monarchy  falls  lo  the  ground,  because 
it  is  utterly  incon^jslcnl  with  that  principle; 
and  you  wilt  recollect,  that  in  tne  books 
which  have  been  produced  to  you,  this  is  laid 
down  as  a  very  clear  conscqueiKc  from  the 
j^rijKiple  ;  VLtvA  it  is  asserted,  thai  there  was  a 
tuanifcst  contradiction  in  the  Trench  consti- 
tution of  1791,  because,  having  established 
the  pririciple,  it  still  retained  a  king  in  its 
form  of  government. 

There  was  another  objection  I  recollect,  lo 
this  French  constitution,  requiting  from  the 
same  principles.  That  all  persons  ought  to 
be  deemed  equally  qualihed  to  vote  for  the 
election  of  a  representative  body,  however 
small  their  property  ;  so  that  every  individual 
ought  to  have  an  equal  right  of  voting.  Hav- 
injt  e»lablished>  therefore,  the  right  of  every 
indiVKlnal  to  an  equal  tharc  in  the  govern- 
tncni  oftlic  society  of  wbicti  he  is  a  member, 
&Dti  th^  rrrrrisf  ot  ifirir  richt  III  -ir>ik'>iriting an 
«<kt|U>  iheynp- 

cesiarii  r  man, in 

Ihe  third  place,  *-*  The  right  of  universal  suffi-age 
and  anniial  parliaments  ;*'  — And  this,  not 
xucrelv  as  a  wise  regidalion,  but  as  necessarily 
iDchT<M*d  in  the  conslitalionofa  representative 

L"  if,  forraed  on  their  principles, 

It  by  Mr.  Paine  ana  Mr.   Barlow, 

tiiHt  ;j  L;f^\t'rnment  in  which  those  ri^^bts  are 
withheld,  h  an  usurpation  of  the  right's  of 
3jjy,r,  .  .../I  ,.  *  "^t-'^arily  is,  if  these  authors 
a  principles. — This  origi- 

11^  -  .^  .. ..,.  ..^til  of  universal  suffrage 

in  also  a  necessary  consequence  of  the  right 
rtf  iciMi),  active  citizenship;  because  that 
i  ust  necessarily    oe  destroyed    by 

1'  .lion  of  either  legislative  or  execu- 

tii«  |»owtr;  and  tlicrefurc  the  delegation 
must  be  renewed  a&  often  as  circumblunces 
will  admit. 

A  lour  til  necessary  consequence  is,  the 
11  '      '  '  '      in.     The  right  of 

*-  ^  and  fioverivoicnt, 


which  n»  I 
(ud  JH  not  I 
mjtmnTy  iQ  ilia  nghl  ui  t^quaJ^  acUvc  fUUu*Or 


ship ;  and  it  therefore  is,  aroordtng  to  theif!  J 
principles,  an  usurpation  of  the  indefeasible] 
righta  of  man,  and  is  unlawful— tyranny— ] 
despotism—or  i^  liable  to  any  other  of  thel 
harsh  appellations  which  they  are  pleased  tot-l 
apply  to  every  existing  government  in  tliej 

world. Gentlemen,  this  conclusion  is  inc-  < 

vitable  from  the  principle  which  they  assume, 
of  equal,  active  citizenship. — I  certainly  will 
not  ncrcdiisputc  with  them  the  truth  oi* their 
assumption,  whether  it  is  well  or  ill  found- 
ed. I  think  it  would  be  no  very  difficult  taafe 
lo  prove  that  it  is  ill-founded ;  and  for  this 
reason,  if  for  no  other,  that  it  necessarily  leads 
to  perpetual  and  constant  revolution.  But^ 
without  cnlering  into  any  discussion  upon  thd 
subject,  it  is  sumcient  that  these  arc  no  prin4 
cipfes,  nor  ever  have  been  conceived  to  be 
principles,  in  the  English  constitution: — Thejf 
are  utterly  inconsistent  with  monarchy ;  thcy^ 
are  utterly  inconsistent  with  a  House  of] 
lx>rds,  and  with  many  other  parts  of  our  esta^J 
blishmeut;  and  therefore,  persons  who  aW 
tempt  to  procure  the  establishment  of  thesa' 
principles,  as  principles  upon  which  the  con- 
stitution and  government  of  this  countr^f 
ought  to  be  founded,  and  who  hold  that  ^nf 
government  founded  upon  other  principles^ 
IS  necessarily  an  usurpation  of  their  indo- 
feasible  rights,  if  they  take  any  sleps  whal- 
cver  for  the  purpose  of  altering  the  eijtablislN 
ed  government,  they  must  be  conceived,  primi 
facte,  to  hare  within  their  view  the  intent  of 
destroying  the  existing  government,  of  abo- 
lishing the  kingly  office,  of  abolishing  IheF 
House  of  I^rds,  and  all  the  great  omcersy 
ranks,  and  distinctions  in  this  country  j  of 
abolishing  also  the  House  of  Commons,  as  if 
is  now  established,  and  of  forming  a  consliti*f 
lion  of  government  upon  their  own  principled 
because  no  other  constitution  of  government 
can,  according  to  the  tenets  which  they  hold|' 
be  a  lawful  government- 

Now,  Ecntlemen,  it  is  proved  that  pcrso]  ^^ 
holding  these  principles,  had  formed  a  dc»ig^^^ 
for  assembling  a  convention  or  tneeting^, 
which  should  assume  the  character  of  a  con* 
vcntion  of  the  peuple ;  that  in  the  prosecu- 
tion of  this  design,  Uiey  did  various  acCaf. 
and  particularly,  that  the  prisoner  at  the  baf 
did  various  acta — writing  letters,  being  pre* 
sent  at  meetini^s  and  a  variety  of  other  actti 
all  tending  to  the  completion  of  this  purpON^. 

A    case    so    proved,    must    nccessari"^ 

amount  to  high  treason,  l>ecau»e  it  is  impos\ 
ftiblc  that  the  con<^f'plion  should  liave  beettj 
formed   for  a&scmbling  a  convention  undi 
such  cln  1  I  .  without  those  who  f 

ed  )L  coil  their  minds  a  whh 

loy  the  cxUiiiig  govern 
ii  in  its  place  a  guvern 
' ' 'I*  s  totally  oppoiilfit  to  1 
Kg  government  is  Ibimdo 
IN  iissetubU  for  the  nurooHi 
u  in  the  p 
iy  to  be  pit- 


ISOJ] 


Jot  Htgk  Treaiou. 


A.  D.  17W. 


[1203 


pcrf 

K 


assembling  a  general    meetings  tlmt  they 
fthowM  have  thought  it  proy  '  re  given 

thai  myelins:  a  iTiffercnl  «  no  lli^n 

that  which  H    '  '         ;i;*uiutu  u^  Miner  meet- 
togf  of  the  ^  le 

In  whiit  iii.>  ..,, .  ,ii  the  delegates,  assem- 
bled (a^  prtivaJ  hv  the  pri&uncr)  to  lake  into 
cofisicleralioii  the  election  of  Scotch  members 
of  piirlittment»  prwceetl  ?— Tlicj  had  a  hill 
framed,  itUeiided  to  be  introduced  into  psiriior 
ment ;  they  applied  to  purtiament  upon  tlie 
9ui>jcct,  and  a  bill  was  brought  into  parlia* 
me  lit*  To  draw  any  compariiion  between 
that  *ort  of  meet* tig,  and  that  wliich  these 
persons  proposed  to  have,  seemg  to  me  to  be 

,rfc<tl,"y  Ah*>ijrd.— — 1  observe,  Mr.  Gibbs 
piirfiriiUr  stress  upon  some  words  made 
oiin  one  oHhe  resoltilions  for  the  pur- 

ne  of  a^^cmhling  those  meetings,  from 
irhich  he  intimated  thai  their  object  was  only 
to  collect  the  opinions  of  the  people  upon  the 
subject,  or  to  take  means  to  conisider  what 
were  the  proper  measures  for  the  purpose, — 
Butj  gentlemen,  when  one  rccollccLs  all  that 
thcyiiave  declared  uponlhe  subject;  when  one 
recollects  that  they  liave  repealed ly  declared 
that  the  people  were  not  to  look  for  relief  from 
the  parliament^  as  it  was  constituted  ;  that  it 
was  not  to  be  expected  of  th*jse  who  were  in 
possessiunof  power^  that  they  would  part  with 
H  without  H  struggle;  when  they  declared  they 
expected  relief  frum  their  own  laws,  and  not 
from  the  laws  of  their  enemies^  their  plun- 
derers, and  oppressors  ;  I  can  conceive  no 
other  sort  of  mean  mi;  to  be  attributed  to  those 
wordn,  than  that  of  cunsidermg  in  what  man- 
ner they  should  obtain  a  reform  by  meana  of 
their  own  power. 

Bui,  suppose  they  had  not  had  it  in  thetr 
view  to  have  acted  immediately  themftelve»  as 
a  constituline  assembly,  though  assuming  the 
chariictcr  of  a  convention  of  the  peuple, 
which  I  think  I  ahall  show  you  they  clearly 
m^ant  to  do,  aa  the  British  Convention  ex* 
prcssly  did — I  cannot  linderstand  why  they 
were  not  to  act— did  Ihcy  propose  to  meet 
with  a  view  to  suggest  the  idea  of  calling  any 
other  meeting;  u|>on  the  subject,  or  to  do  any 
farther  art?  — If  they  did  not  intend  to  submit 
themselves  to  the  eslabli^iti^  legisliture  of 
the  country,  their  act  was  necessarily  an  ax:l 
of  usiirpatiuD  of  tlie  sovereign  power;  and  if 
they  were  simply  devitsing  the  me;ins  bv  which 
the  people,  at  an}'  future  time,  were  by  their 
own  rower  to  do  this  for  thcmscivcH,  it  is 
exactly  the  ^une  thing  aA  if  this  C'ouventloii, 
had  it  been  a^^iemblca,  should  thcni$ielves  do 
It, — Thi'v  would  be  only  doio"  «'  "i"«<^  re* 
tnotclv;    but  they  wotihJ  be  tu  to* 

nV'ctiii'j    th<:ir  own   orii^j.  _n— 

li  the  exi?»lini'  jro- 
,vcr,  nnd  not  h\  ihc 
iA    the    t  — 

if  they  I  ,rii* 

),  stiM  I  Cijni:r.tv(j  litui^  jjfotu  taling^ 
boen  equally  destructive  to  the 
[ELcm;   for  the  means  taken 


Wiixd 

t?' 

Vi 

<r 
<• 


for  the  pmpose,  mnst  he  all  tendmg  to  effect 
the  great  plan  which  they  had  in  view,  and 
which  they  clearly  meant  to  effect  by  their  , 
own  strength,  and  not  by  any  sucii  applies-  j 
tion   to    tne    legislature  as   has    been    con- 
tended. 

Gentlemen,  when  yon  consider  what  has 
passed  in  France,  you  must  be  perfectly 
aware  of  the  effects  of  a  national  constitute  | 
aascmbiy .  W  hen  the  stales  general  of  Fratice  i 
were  called  together  by  the  king,  before  half] 
of  them  were  assembled,  such  of  them,  who  < 
were  principally  of  the  third  order,  as  were  1 
a^&emUed,  dpclared  themselves  to  be  aoar^il 
tional  assembly  ;  that  is,  an  assembly  of  thei 
people  ;  and  they  immediately  dec  lared  that] 
according  to  that  principle,  namely,  that  they  ] 
were  ao  assembly  of  the  people,  the  king'] 
could  put  no  negative  upon  their  proceedings.  J 
That  was  one  of  the  first  measures  of  thaStl 
assembly;  and  the  moment  they  had  done^ 
&o,  it  is  evident  to  every  person  who 
looked  at  all  into  the  history  of  that  country^ 
that  the  king  of  France  was,  in  effect,  de-j 
posed  from  that  very  moment  (I  think  thoj 
7th  of  June,  17  89)  by  less  than  a  moiety  oc 
the  whole  assembly  intended  to  be  convened, J 
meeting  together,  and  assuming  the  charaG^l 
ler  of  a  convention  of  the  people;  declarin 
themselves  a  national  assembly^  and  that  1* 
king  could  put  no  negative  upon  thntr  pro*] 
ceediogs,  and  that  they  would  not  separati 
till  they  had  effected  their  purpose.  The|fl 
immediately  took  upon  them  to  act  as  the  so*J 
vcreign  power  of  the  country ;  they  took  up 
them  to  declare  Uiat  all  the  existing  taxe 
were  illegal:  tlmt  those  tixes  should  be  i 
ceived  for  a  lime,  but  should  only  be  receive 
80  long  as  that  assembly  should  ^it  Fron 
that  moment,  therefore,  in  effect  the  king  < 
France  was  deposed ;  a  con«»titnnon  wa#| 
afterwards  formed,  and  to  that  constitution 
he  gave  his  &s»cnt  in  1791.  He  was  theJo 
agam  upon  the  throne;  but  u|kiii  whicil| 
throne  he  was  not  king  in  the  rharactefl 
which  he  had  bel'orc,  but  he  was  king  by  x 
perfectly  new  title,  and  in  a  perfectly  nei 
character.  Such  is  the  necessary  course,  and 
such  the  necessary  consequence  of  ia  national 
constituted  assembly.  II  you  )o(»k  to  what 
hits  passed  iu  your  own  country,  and  to  that 
wiiich  is  so  continually  referrtd  to  in  the 
course  of  thete  proceedings,  namely,  the  Rc- 
vohition  in  1688,  you  wdl  find,  to  a  certain 
extent,  the  same  thing  done  ;— for  what  was 
that  assembly  which  placed  the  pru^ce  and  prin* 
cess  of  Orange  on  the  throne? — King  James 
having  done  that  which  occasioned  ;i  general 
rining  of  his  subjects  against  tiim,  he  de<»erted 
the  country,  and  an  assembly  wvts  called, 
under  no  regular  authority,  but  under  tetters 
similar  to  those  whicli  had  been  u«^ed  tor  the 
purpose  of  calling  U^gethrr  tlie  perjMins  who 
wcrt*  rn titled  to  t>t'  -Hmmotied  to  parlinmenty 
aof^  '  *iherlffi>  ot  llic  ?ievcral 

coi^i  IS  to  be  made  by  the 

persons  cctiticU  tu  vote  foe  m<tw^\«\tM4  X»^ 
4U 


1203]        35  GEORGE  III. 

rclurnciJ  lo  parliametit  Thai  assembly  met 
— in  what  cnaracler?  It  met  as  a  convention 
of  all  the  estates  and  d etwees  of  the  people ; 
it  acted  as  such  ;  its  authority  was  acquiesced 
in,  and  it  did  all  that  was  necessary  for  its 
particular  purpose.  The  government  of  the 
country  remained  as  it  Nvas,  with  the  excep- 
lion  oi  one  single  circumstance— tfie  throne 
was  vacant—the  Convention  supplied  thai 
vacancy ;  and  from  the  moment  it  had  sup- 
plied the  vacancy,  by  declaring  the  prince  and 
jirincess  of  Orange  king  and  queen,  from  that 
'^nstant,  its  character  as  a  convention  ceasc<l ; 
it  \«a8  no  longer  an  assembly  which  re  pre- 
sented the  three  estates  of  the  realm,  it  was 
assumed  by  William  to  act  as  a  regular  par- 
liament, and  from  that  time  acted  as  such, 
bavini^  bcfure  acted  us  a  mere  convention  or 
assembly  of  the  three  estates ;  in  consequence 
of  which,  when  acting  as  a  parliament,  it  was 
commonly  called  the  Convention  Parliament. 
But  in  the  act  of  giving  the  crown  to  the 
prince  of  Orange,  it  acted  with  complete  so- 
vereign power,  and  acted  in  rebellion,  if  [ 
may  so  term  it,  to  James  the  2nd ;  for  he 
would  have  been  completely  deposed  the  mo- 
ment that  convention  assembled,  if  he  had 
i>ol  previously  abdicated  the  throne  ;  and  this 
is  a  necessary  consequence  of  assembling 
such  a  species  of  convention. 

Gentlemen,  the  moment,  therefore,  as  I 
conceive,  that  there  15  an  assembly  assuming 
to  itbclf  the  character  of  a  convention  of  the 
people,,  and  able  to  sustain  itself  against  the 
government  of  the  country,  there  is  an  insur- 
rection againi^C  that  government,  and  all  those 
consequences  follow  winch  arc  so  fully  de- 
tailed in  that  sptcch  of  Barrere,  which  was 
read  to  you— the  king  is  immediately  deposed » 
and  dc|>rived  of  h\>  inviolability,  so  far  as  a 
convention  has  power  lo  act. 

Now,  2;enllemcn,  if  a  meeting  which  could 
assiimu  the  title  ofaconvenLion  of  the  people, 
could  lawfylly  assemble  themselves,  what  must 
be  iUv  consequence  ?  If  the  meeting  is  really 
a  convention  of  the  people,  and  it  be  lawful 
lor  them  lo  assemble,  the  king  must  be  bound 
to  obey;  he  is  no  lunger  sovereign,  or  the 
head  of  llie  sovereign  power;  the  parliament 
must  also  be  bound  lo  obey  this  convention. 
Being  in  \is  nature  the  sovereign  power  of  the 
state,  resislanfe  to  its  authority  must  be  re- 
sistance  to  the  sovereign  power  of  the  state  ; 
for  the  moment  the  meeting  assembled,  it 
must  be  the  sovereign  power,  and  the  king, 
in  the  very  met  of  resisting  the  authority  of 
»uch  an  aHsc»nbly»  if  u  could  afterwards  sus- 
tain it*clf,  must  be  guilty  himw;!!'  of  what 
might  be  deemed  treason  against  the  &ove- 
fcigii  power  ol  Ihe  slate  ;  he  would  be  resist- 
ing the  power  which  he  ought  to  obey,  and 
the  asseuibly  would  have  a  pretence  for  put* 
tittg  liini  to  death  ;  the  very  €ome  pretence  as 
_  in  Uie>  rase  of  kina  Chailes  Ut.     If.  therefore* 


Trial  of  Thomas  Tfard^ 


[ISM 


»cnY 


character  of  a  contention  of  ihe  pcAple^  ^md 
that  they  had  taken  steps  for  that  ptirpojc ; 
that  alone  would  Constitute  the  crime  of  Ktgh 
treason, 

GeutJemcn,  the  conspiracy  which  hua  bien 
alleged  is  of  a  very  wide  and  entensivc  natoie; 
a  circumstance  which  has  occasioned  a  conjii* 
derable  decree  of  complaint  on  the  part  of  my 
learned  frtcndi,  as  it  has  produced  very  ei- 
tensivc   evidence.     The    persons    conremfil 
have  been  acting  at  different  titrtea  m  «1 : 
places,  and  ^metiraes,  perhaps,  by  ^i 
meansjbutallofthemhavingin  vi 
ceive  (w  hen  i  say  all,  1  mean  the 
grand  plan,  the  accomplishment  <  a? 

the  object  of  all.    This  has  or  tie 

dislribulion  of  the  evidence  inl;.  ,....^.  uo 
parts  noticed  by  Mr.  (iibbs,  which  wrere  p«i» 
duced  to  establish,  first,  tlie  e^i^itence  of  the 
general  conspiracy;  and  secondly,  the  part 
which  the  prisoner  had  in  it.  i  conccivi;  tliat 
when  you  consider  the  evRlencc  t;4ken  altoge- 
ther, you  can  have  no  sort  of  doubt  of  liotb. 

Gentlemen,  let  roe  take  the  evidence  a  Utile 
by  degrees  j  and  in  so  doing,  as  I  m?c  thwc  wijl 
be  no  end  in  takin  ^  '  tail,  I  stiall  ntet^ 
sarily  trust  loyoi;  -me   credit  lo  tny 

assertion,  without  I  MM  MM^  10  cver>*  ptartof  ' 
evidence,  expecting  his  lordship    will  af 
wards  sum  it  up  more  indetiil  *'>  vi^tt      !•' 
the  ^vervil  publications  an<;  tven  in 

evidence,  1  tniiik  I  may  as?.i  r  pet* 

fecUy  clear,  that  there  were  f'  m 

this  country — and  I  will  instant*  it* 

and  Mr.  Barlow,  who  were  dcsirou^i  ol  iiikct^ 
ing  the  general  destruction  of  ihe  Hrfti^h  CoD- 
stitutioo,  and  pi*rticularly  of  U)<  tr4 

all  hereditary  honours;  and  who  -^ 

ed  to  promote,  to  the  utmost  of  iiHir  j»ow<*f, 
any  measures  for  that  purpose.  1  tbint,  geo- 
tlemen,!you  cannot  hav-  •»  -V-tl  to  the  «?!• 
dence,  without  admilln  >>  not 

too  much,  when  I  asMi— -  »  r  umnt 

fairly  contended  that  such 
and  Barlow  were  not,  in  ct: 
against    the    constitution    ot'    thi»    coui 
1  here  were  persons  aho  in  Francr  who  n 
under  the  hame  description,  and 
(with  j;rcat  submission)  I  shall  \  ui- 

ckide  in  that  dcscnpUun  th*  '  -d 

Convention  ;  fur  ti»cy  were  >  1  to 

estabhsh  that  doctrine  here,  uiuiit  mt^v  n^ 
established  in  their  own  country,  hut  wltkh 
is  directly  adverse  tutiie  Bn'  -^  '  — ►.♦...■^jj. 
aiid  tbcy  were  dcsirou>  ot  d«  1- 

son,  htcaufi*  they  felt  thiii    .  tj 

depended  upon  Jl.    You  wiil  n  r- 

haps,  a  passage  in  Paioe*swoik^v^  jfc 

was  read  ;—^*  VV  hen  France  shaii  be  sur- 
rounded with  revolutions  she  *^h:fll  hr  ia 
peace  and  snlcty/*     And  the  Sot  -  *ii« 

fctiliinitnal  Irtrttfumtion,  an^l  thr  1  jt- 


a 


1S05] 


JiO'  High  Treason ^ 


A.  a  1794* 


[i20(r 


tan t  papers,  for  the  purpose  of  Hliowing  tiic 
itttcntion  o  (these  people) ;— You  will  recoiled 
thai  ihc  London  Correspouflurg  Sockly,  in 
particuUr,  **  fervcutiv  ^uppUcaicd  the  Al- 
lukhty  Huler  of  the  Li»iversc  to  he  favour- 
lib^  to  ttie  rau^e  of  the  French,  so  mtiiiiately 
blended  with  their  own.'*  This  vou  will  re- 
collect was  not  f1  "^  r  of  the 
Consti  1 0  tio  n  0  f  I ;  r  ruotiaii 
of  thit  conslituu -i^,  ^-^^  m-.  ..h.  , a  position 
of  I<ouis  I6lh;  ami  thru  \\\ey  coo^'Mlcred  the 
cause  of  the  I' rent h  as  inlimately  blended 
with  their  own.  Uow  could  \i  he  bk-nded 
with  their  own,  unU'^s*  it  wa^  tlicMf  object  to 
establish  in  this  country'  a  irovemment  upon 
the  same  principles  upon  whtvh  the  French 
had  c^tablishcil  their  govornincnt,  or  were 
endeavouring  to  establish  a  government? 
They  conceived  **  ihiit  it  was  their  duty  to 
coxintcnunce  iind  ax^iiitt  Xq  the  utmost  of  their 
power^  the  chinipions  of  bunuij  happiness; 
liiat  thc^  wi>uld  ihcffforc  ujtpuse,  la  l fie  ut- 
most ot  their  power,  any  thinij;  hostile  to 
them  on  the  part  of  Great  Britain;  and  they 
looked  to  the  triple  alliance  of  the  people  of 
America,  France^  and  Britam  to  give  freedom 
to  Uie  wurld/* 

Gentlemen,  the  word^  which  arc  made  use 
of»tr«  very  fitrong;  for  it  is  oot  simply  *'  of 
tHc  people/'  bnt  ihty  are—"  Jf  you  succeed, 
a^  we  ardently  wi^h,  the  triple  alliunre  (not  of 
Civ  '  1  '     .(  America^  Frunce 

ari  4    to  Europe,  and 

fftruuui  to  Likc  vsnoiL  wiiitL"  ThcrrJ'ore  they 
cjid  not  simply  make  use  of  the  word  **  peo- 
pie/*  an  expression  that  might  comprehend 
the  whole;  but  Ihcy  expressly  negatived 
crowns.  There  ejiistctl  ivo  crown  in  America 
—at  limt  time  none  in  France;  the  only  coun- 
try mentioned  in  this  iiaper  which  had  a  crown 
was  Great  Britain,  'there fore  when  they  ar- 
dently wished  n  triple  alliance,  not  of  crowns, 
tofrl  ♦if  America,  Frujjce  and  Bri- 

n.  t  c  to  the  whole  world,  what 

they  au  ijut.  n\  terms,  not  to  be  controvcrt- 
cd|  decfarCf  that  it  is  their  winh  and  inlcntion 
— that  15,  that  thcv  had  formed  a  consipi* 
racy,  for  1  do  not  know  what  a  conspiracy 
ii,  but  fyrinin  »  .  »  ..i,  urid  intcnlion  to  do  a 
Ihin^— that  ^^nncd  a  wish  and  in- 

tention of  L  I  ^  .1  government  in  this 

cdUDtry  withuut  a  cruwa.^  1  can  give  it  no 
^Ciier  interpretation.  In  another  part  of  their 
^^Ires*  tijcy  4ay — seekmg  our  real  encmicf, 
find  them  in  our  bourns,  VVc  feel  our- 
icV  irii  by,  and  ever  the  victim** 

ot ,  11  consumin;:  ari^lo<  racy^  ht- 

Ihcnij  uw.  iKinryi  every  nation  under  the  sim, 
Wivcly  tuvc  you  acted  m  expelling  it  froxn 
France/* 

Why,  gentlemen,  what  do  they  mean  by 
*'ari%tor  A  .*'  iute?  Whiit«''4ti  >l'iv  tm^Mhlv 
nil  1  tx)  that  3  n- 

lull  iiuientuf  t  .        .-h 

nujf  be  deemed  aristocratical  ^— <i(i  not  li>ey 
decLurc  in  that  passage,  that  they  consider 
every  thiiig  to  which  thoy  ciiq  give  the  deao^ 


ueui 
i^t 


mipation  of  aristocracy,  av  iheir  re^l  enemies ; 
that  they  consider  it  as  the  banc  of  every  na-  « 
tion  under  the  sun ;  and,  therefore,  they  con-  I 
ceived  the  French  had  acted  wisely  ni  eiipel-.  j 
ling  it  from  France  ?    ll  must  have  been  their' 
opinion  that  it  would  br  c^^uaily  wi>c  to  c,\pel> 
it  from  this  country.     For  what  purpose  eoulU 
this  address  be  presented  to  the  French  Con- 
vention ?    There  might  be  two  purhu^^es  i  one 
that  of  pubhsiimg  to  the  country  here,  in  a 
way  which  thcv  might  fancy  to  be  in  somOi| 
degree  ^afe,  a  declaration  against  the  existing 
government  of  the  country ;  a  sort  of  procla-  4 
raalion  of  a  republic ;  and  another,  a  holdmg.i 
out  to  the  French  Convention^  lliat  they  wero^* 
desirous  of  receiving  every  assistance  from  that>| 
country  which  could  possibly  be  piven,  for  thor 
purpose  of  enabling  those  who  addressed  thetxi-< 
to  establisli  the  same  constitution  of  govern- 
ment in  this  country!  as  had  been  estahiishcd- 
in  France, 

Tite  Address  which  was  preseotcd  by  thfl»^ 
other  society,  the  Society  for  ConstUutionab] 
information,  is  full  as  ^strong.     Vou  ohservf\i 
the  learned  counsel  for  the  prisoner  liav«  cau«|| 
tionsly  avoided  lakmgany  noticc*>fthisaddrcs5»,| 
In  truth,  they  were  unable  to  give  any  e]ipla-> 
nation  of  it.     How  does  tliis  attdress  begin  ^-i 
"  Servants  of  a  Sovereign  Pcople,and  Benefac**  1 
tors  of  Mankind, — We  rejoice  that  your  Revo- J 
Jution  has  arrived  attha^t  point  of  perfection,.  J 
which  will  permit  us  to  address  you  by  LhiaJ 
title/*    The  decree  to  which,    as  they  con-,^ 
ceive,  a  Kevolutton  must  arrive  to  be  at  its  * 
point  of  perfeciJoii,  is,  when  those  who  have^  j 
the  administration  of  tlie  government  of  tho 
country,  are  to  be  addrcs«^ed  in  the  character 
in  which  they  thus  iiddre^s  the  French  Con-, 
vention ;  that  is,  **  Servants  of  a  Sovereign* 
Pcqije/'    What  is  this  but  a  declaration,  that , 
the  perfection  of  a  Revolution  in  government, 
is  the  ciitablishment  of  tlie  principles,  which 
we  have  before  adverted  to,  of  the  liighls  of. 
Man,  and  equal  citizenship,  and   ^o  on,  iix.  i 
which   the    people  are   to   be  cunNidexed  ^ 
consUintly  sovereign   as  constantly  exerting- 
the  sovereign  authority,  and  as  li^ving  a  per-*  \ 
pelual  control  over  the  whole  gavtrnment 
of  the  country;  not  an  indirect  and  remote 
control ;     that    species    of    control,    wluch. 
is    consistent  wilu  the    stability  of  the  g«.i- 
yernmcnt  of  a  country;  but  that  which  leads^ 
in  its  principle,  to  the  sort  of  perpetudl  tlevo^  < 
hit  tun,  upon  which  I  have  before  ubscnpcd  * 
The  address  proceeds^  "  We  rejoice  that  your 
Kevolulion  has  arrived  at  that  f^oint  of  perfec- 
tion, which  wdt  permit  us  to  aildrcss  you  by 
this  title;  it  is  the  only  one  that  can  accorr|[ 
with  the  character  of  true   legislators/'    la 

not  thin  a  clear    ■  *   ■- -^s  det  hiralion,  that 

Ihcy  did  not  t(  legislature  of  thii 

country,  as  litiv;,,.  : .ale  winch  could  ac* 

cord  with  the  character  of  true  lcgi«Jalors  ? 
For  no  reform  in  the  House  of  Commons, 
ttlone,  could  give  to  the  legislators  of  this 
country,  a  title  to  that charticter,  according  ta 
iht  id«a  of  these  persona  u^it\  ^3t:^  ^^^y'-^X^ 


120T] 


35  GEORGE  III. 


Trial  of  Thomat  ftnrdif 


[1208 


For  the  Kinj  ant)  House  of  Lords,  still  remaiti* 
ing  parts  ofthe  icgislflture,  anfl  being  heredi- 
tary, conkl  not,  by  any  pos&ibiUiy,  come  with* 
3!!  that  (kkcripliofi  which  ihey  meant  to  atiri- 
liule  to  the  !  rench  Convention. — They  add^ 
»'  F.very  snccesj^ive  epoch  in  your  affAirs  has 
fld(1etl  siomething  tutiie  triumphs  of  Liberty  ; 
"Ithe  glorious  victory  of  the  10th  of Au- 
,  has  finally  prepared  the  way  for  a  con- 
dioD,  which,  we  tru^t,  you  wjH  establish 
on  the  basis  of  Iteason  and  Nature." 

Genlleracn,  I  have  nothiit^  to  do  with  the 
propriety  or  impropriety  of  the  conduct  of 
tliose  who  were  concerned  in  the  transactions 
of  the  lOlh  ot  August,  It  would  he  wmng 
for  me  to  blame  one  side  or  the  other.  But 
to  which  ever  >ide  blame  was  imputable,  v.hat 
was  the  event?  The  event  was  the  destntction 
of  monarchy.  That  is  here  railed  a  glorious 
victory ;  it  is  said  to  have  fmnlly  prepared  the 
way  for  a  cou^tilulion,  which  the  society 
trusted  wt'uld  he  established  on  the  basis  of 
reason  and  nnlurc ;  it  had  brought  them  to 
that  situation  which  enabled  ihem  \n  arrive, 
finally,  at  tliat  point  of  perfectioui  expressed 
ill  the  former  part  of  the  address. 

Mowp  ^u  lie  men  J  to  »ay  that  any  persons 
who  could  give  their  assent  to  that  Address 
Knowing  what  they  were  about,  or  attending 
to  it,  entertained  a  sincere  attachment  to  any 
of  the  principles  upon  which  the  British  con- 
Siitutiun  is  founded,  is  asserting  that  which  it 
seems  to  mc^  that  no  rational  man  can  pos«-ibly 

five  credit  to.  I  cannot  help  here  observing, 
y  the  way^  upon  the  words,—**  Finally  pre- 
pared the  way  for  a  constitution,  which,  we 
trust,  you  wrfl  establish  on  the  basis  of  reason 
and  nature.'*  Gentlemen,  you  will  recollect 
there  were  two  passages ;  one  in  Mr,  i^aino's 
work,  the  other  in  Joel  Barlow's,  before  this 
glorious  victory  of  the  lOth  of  August,  which 
expressly  stated,  that  they  looked  to  that 
event;  to  the  destruction  of  the  coni»titulioii 
which  had  been  formed  in  179 Ij  lor  thi!^ reason; 
because  it  was  formed  in  contradiction  to  th*? 
principles  of  the  Rights  of  Man,  in  the  parts 
of  it  which  consisted  of  a  monarch,  or  any 
thing  in  the  nature  of  distinctions  of  privi- 
leged orders.  That  so  tar  as  it  had  any  sort 
of  distmction  whatever,  and  was  not  com- 
pletely founded  upon  the  right  of  equal  active 
citizenship,  it  was  a  compound  of  contradic- 
tions, as,  J  think,  Paine  calls  it  in  his  publi- 
cation, the  Kightsof  Man,  and  Iheretorc  in 
its  nature  it  could  not  subsist. 

In  another  passage  of  the  satne  address, 
spcakinc  of  the  cause  of  the  Trench,  ihcy 
say,  /•  ft  is,  indeed,  a  sacred  caii?,e.  \Vt 
cherish  it,  as  the  pledge  of  your  happiness, 
our  nnt\md  and  nearest  friends  "—Then  they 
fiay,  that  they  speak,  as  they  conceive^  the 
real  opinion  r.f  »  .*/ .i  majority  of  the  English 
nation;  anci,  t y  concKidc  with  the 

f*  wonderful    ,  1  the  Frenrh  levolu- 

flow,  bursting;  forth  upon  the  nations,  in  the 
full  I'crvor  of  the  meridian  sun,  and  displaying 
ID  the  mdat  of  the  European  world,  the  pr^c* 


iical  result  vf  principles,  which  pHUo^by 

had  sought  in  the  shade  of  spec  '  rl 

which  experience  must  every  wJ  ii. 

It  dispels  the  clouds  of  prejudice  from  aJl 
people,  reveils  the  secrets  ot'  all  despotklD, 
and  creates  a  new  character  in  man/' 

Now  can  a  more  clear  comment  be  read, 
upon  the  words  of  Paine  and  Buirlow,  than 
the  words  contained  in  the  passage  which  I 
ha\-ejust  read?  Do  thev  not  clearly  show 
you,  that  those  societies  are  her«  statfo^  a 
combination  of  principles  with  practice,  to 
the  same  manner  as  Paine  has  done,  m 
the  second  part  of  his  works  ?  That  they 
are  endeavouring  to  remove  thttt  p^judi^ 
from  the  people,  which  Mr.  Paine  ccmodfts 
supported  monarchy  and  aristocracy  in  this 
country?  It  is  said,  by  Paine  amf  Harlow, 
that  llie  first  assembly,  which  <  ■  '  '  the 
year   1791,  had  been  obliged,    '  ne 

prejudices  of  the  people,  to  form  l*.^.  ...aU- 
tption  in  the  manner  in  which  they  hid 
formed  il,  retaining  a  king,  becaui»e  the  pre* 
judiccs  of  the  people  would  not  at  that  tirot, 
permit  them  to  form  a  government,  without 
a  king.  It  was  too  rouch,  at  that  time,  to 
form  a  government  without  a  kin;j  :  hut  the 
principles  upon  which  they  Torn 
ver uracil t,  necessarily  led  to  U 
of  that  portion  of  monarchy  win 
left—**  Your  example  will  be  Sf 
for  nations,  rising  from  their  hin;:: 
re  claim  the  Bights  of  Man,  with 
which  man  cannot  resist."— 'Ih^-  ' 
Man,  in  this  passage,  arc  the  l< 
as  they  are  stated  in  PaineVs  wf  i 
society  has  expressly  declared  I 
to  be  the  foundation  of  all  their 
They  have  considered  themselves  an  pr 
ing  to  establis^h  the  Rights  of  .Man,  *stanjht 
by  Thomas  Painr. — You  must  recollect  pas- 
sages to  this  ctlVctp  in  several  in»tafioe»«- 
Aud,  therefore,  when  they  say,  '*  will  re-ckioa 
the  Bighti«  of  Man,  with  a  voice  which  loan 
cannot  resist/^  they  miist  be  taken  to  mett 
the  Rights  of  Man,  in  the  fidl  extent  M  Uie 
doctrine  laid  down  in  Paine's  book. 

Gentlemen,  I  may  add  to  this  a  remark,  Vy 
the  way,  that  it  is  a  little  extraort^in  nrv  foth 
sidering  how  much  the  C-'onsliiii>  ct? 

has  been  involved  in  this  case,  jsh 

porta nt  it  would  have  been  for  the  pnwoer 
at  the  bar,  to  have  brought  some  rrrmljffn  q( 
that  society  to  have  explained  thi  -tn, 

—all  the  transactions,  indeec*,  *  i  ^^tj, 

and  particularly  I  his  Add  re  cot  oit 

member    of    tne    Constili  rcjeiy  ti 

brought  as  a  witness  on  this  uiai,  exccM  ik^ 

Cr  diiricing  master,  who  is  ft'  nuanM  of 
h  societies,  and  who  seemed  inc&pil 
understand mg  any  thing  tlmt  pMod. 
8au)c   thit\g  occurs  to  a  e""*^''   d-i{r«;  ] 
respect  to  the  london  (on 
Not  one  witness  whom  I 
w;is  a  perjiou  csipable,  ff« 
he  gave  of  him?ch*,  nf 
manner  wl 
m  Ccn 


id 


:iif 


prooew* 


^f  High  Treaton* 

rt,  you  remember  the  manner  in 
irhich  ihesi*  two  Addresses  were  passed  in 
bese  societies.    The  letter  wKich  was  sent 
by  Uardv,  tir^t^  and  the  debate  thfit  p&«i9cd 
tween*  them,  whether  there  should  be  a 
Oint,  or  a  tepardle  address?    This  wa*  not  a 
Ijing  taken  up  in  a  hurry,  but  a  thing  consi- 
Ted,  and  much  debated  upon  \    one  in  one 
prni,  and  the  other  in  another.     If  any  evi- 
upon    this    subject,    could    possibly 
been  given,    which  could    have  beei) 
intagt*oiis  to   the  prisoner  at  the  bar,  it 
could  certainly   have    been    produced.      In 
lilhp  both   the^e    addre'^ses    hold    oot,    in 
etty  strung  terms,  a  wish  for  au  alUance 
Qd  Vriendship   with  another  country;   that 
certainly  was  nol^  at  the  lime  when 
'addre!^'es    were    presented^    in    any 
Elverfe  situation  to  this;     but    still,  wiiri 
speet  10  this  country,  in  9uch  a  situatioo  as 
de  it  a  matter  deserving  some  degree  of 
aution,  at  least,  or  *uch  as  one  should  ima- 
\  would  induce  persons,  thinking  of  pre- 
*iig  such  addresses,  to  reflect  a  little  upon 
ffore  they  did  it. 
How  arc  these  addresses  received  ?   One  of 
tie  persons  who  were  sent  over  with  that  of 
he  Con!*titutional  Society  (how  the  London 
't>rresponding  Society's  Address   got   over, 
re  have  not  been  able  to  show)  was  Mr.  Joel 
_  Sarlow,  the  eentlcman  who  had  written  the 
'"  Advice  to  the  Privileged  Orders/*  in  which 
he  has  completely  stated  what  his  ideas  were^ 
the  subject  of  government,  who  had 
eeently  written  an  Address  to  the   French 
[Convention,  with  respect  to  the  defects  in 
beir  constitution  of    J79l|  pointing    out  a 
principal  defect  in  that  constitution  to  be  the 
xistencc  of  a  king  and  several  other  things, 
vhkh,  he  conceived,  ought  to  be  removed, 
render  the  govenmicnt    more  complete, 
the  priDciples  of  the  Rights  of  Man, 
tie  other   person    was  Mr.   rrost,  who,  I 
pfhall  hkcwise  observe  to  you,  is  not  called  as 
%  witness  on  behalf  ot   the  prisoner,     lie 
was  a  person  who  had  made  himself  a  httic 
^cbnoxious,  and  who  afterwards  became  the 
Idect  of  a  prosecution.     When  this  address 
presented  to  the  National   AHseiiiMy,  in 
ee^  the  president  of  the  rVcnch  Assembly 
rtly   undcr^t♦>od  the  matter.      You  will 
tect,  that  there  was  likewiiiie  an  addrens 
by  the  gentlemen  who  presented 
Mr.  Barlow  and  Mr.  Frost  were 
1  ta  the  bar,  and  thus  addrcs^d  the 
Ataembly  t  **  Citizens  of  France,  We  are  de- 
puted from  the  Society   for    Constitutional 
information,  in  London,  to  present  to  you 
llieir  congratulations    on    the  triumphs  of 
Ubrrty. —  rhi*  society  had  laboured  long  in 
r  traune,  with  little  [»ruspect  of  success,  pre- 
Lvioustoll  iiccment  of  your  rcvolu* 

Ltiou.''    ^^  ^  but  a  declaralion,  that 

is  ftocieu  li.iu,  i.viore  the  French  revolution, 
ecn  cmployiojf  itself  exactly  upon  the  same 
rinciples  a»  tBoae  upon  which  the  French 
evolution  wa4  effected f  "Conceive,  the©^ 


D.  179  k 


[ISlfT 


Ibeir  exultation  of  gratitude,  when,  by  thd 
astonishing  eflbrts  ot  yoiir  nation,  they  beholi 
Ihe  reign  of  reason  acquiring  an  extcnsi' 
and  sohdity,  which  promise  to  reward  li 
labours  of  all  good  men,  by  securing  the  ha] 
pincss  of  their  fellow  creatures."  Now, 
this  society  had  made  this  Address  to  the 
National  Assembly,  which  finished  when 
they  had  formed  the  constitution  of  1791,  it 
mijht  have  admitted,  in  some  degree,  of 
different  construction;  but  they  never 
dressed  that  assembly,  which  formed  the  coi 
slitution  of  U9 1 .  W hy  ?  Because  the  assc 
biy,  which  formeil  the  constitution  of  1791, 
not  brought  the  revolution  to  the  point 
perfection.  That  was  the  reason  they  nevi 
addres5ed  that  assembly.  On  the  con 
till  the  revolution  of  the  10th  of  August 
pliKie,  they  had  no  idea  of  entering  into 
sort  of  correspondence  with  the  Frenc 
They  then  make  these  Addresses  to  theFren 
Convention^  at  the  same  time  declaring,  ihi 
before  this  revolution,  the  society  had  e 
ployed  itbclf  on  the  same  important  object,- 
*'  Innumerable  societies,  of  a  similar  nalurej 
are  now  forming  in  every  part  of  Eni»land, 
Scotland,  and  Ireland ;  they  excite  a  spyit  of 
universal  inquiry  into  the  complicated  abuses 
of  government,  and  the  simple  means  of 
reform.  After  the  example  which  France 
given,  the  science  of  revolutions  will  be 
dercd  easy."  Now,  how  was  this  revolulii 
effected  in  France?  By  an  assembly  of  tl 
people ;  lawfully  assembled  under  the  au  ' 
rity  of  the  king,  but  taking  upon  themselvi 
of  their  own  authority,  to  declare  ihcmselvi 
a  convention  of  the  people.  These  are  the 
means  by  which  this  revolution  was  effected 
from  that  moment  the  late  king  of  Fran* 
was  deposed ;  from  that  moment  the  1; 
revolution  began  ;  and  from  that  point  it  pi 
ceeded  lo  its  present  situation.  "  After  ll 
example  given  by  France,  the  science  of  re' 
lotions  wtll  be  rendered  easy,  and  the  progn 
of  reason  will  be  rapid.  It  would  nut 
strange,  if,  in  a  period  far  short  of  what 
should  venture  to  predict,  addrcisses  of  felici- 
tation should  cro!»s  the  seas  to  a  National 
Convention  in  England,**  Now,  what  is  tl 
meaning  of  a  National  Convention  in  En| 
land  ?  ik  this  to  be  understood  of  a  meeti 
of  people,  for  the  purpose  of  petitioning  pi 

for  a  reform  of  parliament?     ^\  hat 


i 


lat 


liament 
can  it  mean 


but  a  convention,  assuming  all 


the  powers  of  government,  precisely  as  this.— 
National  Convention  of  France,  at  that  tinWIH 
did  ?  Is  It  possible  to  conceive,  that  any  otbj^l 
construction   can  fairly  be  put  upon  those 
words?    And  have  they  brought  one  single 
man  of  this  society,  for  the  purpofri^  vjf  Ahowiiif  ^ 
that  such  is  not  tfic  construction  which  ougftL 
to  be  put  upon  tlieso  words  ? 

What  is  tiieaiHwer  of  the  president  of 
Nationn'    '  '  '   '  "    '  *    f  dod 

of  the  ill 
for  he   ii-.. ...-.* 
Republicans."    lU  cQuVi  Tii3\\i3b.n^ 


out; 


r  bii 


1211]        35  GEORGE  HI. 

tion  of  (heir  principles,  otherwi^  iban  as  re- 

lubUcap  iir'mciplcs.  When  men  addressed 
"  cm  ill  1  hat  St  vie,  I  hey  could  not  hiive  an 
Icii^  llml  iUvy  were  frirnds  to  the  LIousc  of 
mmon*>,  lu  the  old  ptrfs,  or  to  the  new 
les.  Th(?  answer  ol  the  iTt-och  preivldent  is : 
*  Getierous  Republicans  Jfotir  uppcarancc 
this  place  will  form  an  o[>och  in  the  history' 
f  mankind,  lliistor)'  will  cunsccralc  ibc  Ody, 
^l)cn^  from  a  nalion,  long  regarded  as  a  rival, 
ftnd  in  tlic  name  of&  threat  number  of  your 
tfelbw  rrtizpus  you  appeared  In  the  mid^t  of 
lljc  r^ !  vcs  of  the  people  of  France.'* 

Tbert  passajtc,  which,  indeed,  is  a 

previous  iJi'i^jgc,  which  I  particularly  niciuit 
to  have  read  :—**  The  shades  of  Pyni,  of 
Ijaraf>drn,*.ind  of  Sidney,  arc  lioverins^  over 
your  ncads,  and  the  moment  eannoi  be  dif^tant 
when  Ihc  people  of  France  wiliotlcr  tlteir  ton- 
mtnlations  to  a  National  Convention  in  Eng- 
land/'  Why,  gentlemen,  the  president  of  Ihc 
French  National  Couvemion  *ccms  not  to 
have  llie  slightest  doubt  of  the  mc?»ning  of  the 
,j|ddress.  lie  bail  not  a  conccptlun,  but  that 
le  persons  who  sent  it,  were  xlisposed  to  estji- 
hlhlu  and  desirous  of  csUibhshlng,  in  our 
coimtry^a  republican  government;  and  that 
they  bad  actually  taken  llic  means  for  that 
purpose.  He  says,  that  Ihc  moment  could 
fiot  he  far  rfa^a/if 'when  the  people  of  France 
irould  offer  their  congratulutions  to  a  national 
convention  in  England.  Is  it  possible  to  ex* 
plain  these  transactions  in  any  other  senge 
than  that  which  1  have  submitted  to  you  ?  If 
it  be,  why  has  not  some  person  or  other  ap- 
peared, as  a  witness,  to  have  given  what  he 
conceives  to  be  the  true  sense  and  meaning  of 
the  society,  as  you  will  recollect  that  a  great 
deal  of  evidence  has  been  introduced  into  this 
cause,  for  the  purpose  of  giving  constructions 
of  the  same  sort?  That  makes  it  a  very 
strong  case ;  for  when  persons  are  called  to 
give  constructions  to  words  of  one  description, 
and  there  are  none  called  to  eivc  a  construc- 
tion to  words  of  Brother  description,  or  lo 
words  used  in  one  case,  and  not  lo  words  used 
in  another,  it  must,  at  least,  be  taken,  that,  in 
that  instance  in  which  they  do  not  attempt  lo 
give,  by  other  means,  a  construction  to  words, 
the  words  are  open  to  tl»at  construction  which 
the  words  themsejves  fairly  import*  These 
words  can  import  nothing  else  than  a  declara- 
tion of  a  complete  design  formed,  of  establish- 
in;;,  in  thjscounlry,a  rcpubliran  government; 
of  brinj^uig  about 'a  nutiuital  convention;  to 
which  national  convention,  as  an  as^jemhly, 
having  in  itself  the  executive  and  legislative 
power  of  Uie  government,  the  national  assem- 
bly of  France  might  send  these  congmUiJa* 
lions. 

Gentlemen,  it  shows  also,  that  the  Conven- 
tion, by  then  d(!f-roesofthc  IDlli  of  November* 
_,d  of  the    15th  of    December^    1799.   had 
Joptcd  that  sort  of  defeiwt',  wImcI^  Um\  1i#?en 
llggeslcd  1^    ' 
JSuropc,**— ^ 
Kbcrty i  anU  Uiai  ur^v  uiii  x^-jjului  ui  kuij 


name  of  tlic  Freiicb  iiaiUoo*  lliAl  Ui^ 

afford  military  as^^'     ~    '      "   '      r' 

wished  to  re<:o%er  w 

description  they  moa*  ,.1^ .  y^.r,..  ..^^,  v^-.» 

Uic  British  nation ;  because  the 

responding  Soeif  IV.  lihI  tiic   S  (tiity  fori 

stitutionaflnfi- 

that  the  BritJ 

French  bad,  by  theM;  U^ 

I  hey  would  not  permit  . 

House  of  Commous«  if  It 

prevent  it ;  they  hfi^.  in 

would  compel  the  people  ut  1 

the  request  of  the  Loudon  Cor 

ciety,  and  the  Suciely  f<  -  ' 

formati4jn,  to  accept  a  l  1 

upon  the  principles  of  t 

people;  and  that,  if  the  [ 

should  refuse  to  accept  ut  \ 

being  desirous  to  preser 

their  privileged  casts,   ti 

I  hem  as  enemies* 

Lord  Chief  Justice  E^re, — Mr.  Mtrtt'jr-f?' 
neral,  it" you  have  Hnlsijed  this  ! 
drcs.**t*s  to  the  National  Convi 
I  think  we  had  belter  adjourn  ;    t?^  a 
iuipossibte  fur  any  human  pov^ers  to 
it,  if  we  do  not ;  and  I  think  we  slioi 
as  much  time    to-morrow  moniioga  as  ^0 
should  gain  to-night. 

Adjourned  (il  now  being  twentj/*6?t  mi&uft 
past    twelve    o'clock,   on     Wednta^/ 
morning),  to  eight  oVlock. 


Nin^tMlcr  the  4^A,  lini, 

Lord  Chief  Justice  Eyre,  Lor'  f  >-    r  ^ 
Macdonald,  Wr.  Baron  lloth 
Btdler,  Mr.  Justice  Gto&e,  ^i.  ^  ^v...-*5," 
majesty's  justices,  &c. 

Thmms  Hardy  set  to  the  bar* 

Mr.  Solicitor  General. — Gentlemen  of  thi 
jtiry;— When  I  had  the  honour  of  ^ddfe^MOg 
you  last  night,  I  stilted  lo  you  llic  a 
idea  1  had  of  the  persons  who  were  etl 
in  the  transactions  which  have  bceo 
ill  evidence  before  you,  liu' 
acliyus  (Ihough  not  spec  1 
how  far  i  conceived  the  pi 
implicated;    what  was  hj  Hi 

transactions,  and  wh  "  ^^ 
those  who  were  Uie 
ing  lo  consider,  and  ' 
majority  of  the  persons  engaged  were 
that  description    of  person !i    tu    whet] 
highly  cruninal  intent  impuLcd  1 
imifht   to  be  tfnpiiv^d.     I   al^ 
^  '  I     lu:  dcm  I 

I  that,  uuri 


luv     naiiij. 


1213] 


fitr  High  Trcamn* 


A.  D.  1794. 


[1214, 


riown  to  m  DOW  Un  a  period  of  belwf^et^  four 
und  livi*  hunOrctl  yeiirn.  Ilavinjj  proceeded 
then  to  Stat*;  to  yoti  wlml  nnpr.uf  tJ   to   b<.\ 

ii,  xh 

V 

I  lies 

Slid  I  I'on 

hr(  t  i-L  n  J  me  U>  Ur  *d  (ratin^ctioti 

v!  i.-li   v[''  viewji^  t-bcT  tTftrnfKin**^ 

U-  ^j^:t.lt>M^  |TltUI\ly,  SO  >  1  ^^^ 

r  ^  that  I  thot»i;l»t  il  i  .  in 

mij  fj;  L  ul  ihc  case,  mon 
upon  your  minds  wbkit    ' 
tho?*cititenliuns^  iindwhiit  w^^-^-r  ohjn  p^  ^vrrr. 
and   how  llicy   mraiil   tinally   to  accomplish 
those  V'"-    .,,i..,<^  ,  .   .11  I  .1  ;-^,i.     iimnely, 
by  n^  L 

I   Hi. ^      .L        .  .  -^_tt  simply 

and  <miy  to  iliosc  two  AddrcsMCft;  la  that  m- 
troduclion  U>  unc  of  them  whc»i  it  wai*  pre- 
S'.'iited  to  the  National  Convention  by  Mr. 
liiirJow  and  >Ir,  FroM,  and  lo  the  an«nvcr 
which  WHS  given  by  the  president  of  the 
National  Convent  ion— an  answer  in  whicli  no 
fraud  or  tlt^guisc  wii»  nei;ei*iary  ta  be  iiscti, 
and  in  which,  on  the  contrary^  the  plain  truth 
was  mo^t  likely  to  appear — you  can  have  no 
doubt  in  your  own  nimds  that  the  views,  the 
objecls^  and  the  intt^niions  of  the  prisoner  at 
tbo  b«r,  nnd  o1  iiU  those  who  wero  *o  hir  con- 
cerned with  hiiti  as  to  htivc  a  complete  con- 
nexion with  that  tmnsaclion.  were  nothing 
J«j55>  thati  the  dc*?lr«cliuu  of  the  ^ovetnmenl 
of  this  country,  by  means  of  an  ai»&enibly  of 
the  people,  antl  to  e^tabfrnh  a  rcpresentiilivc 
^vernnicnl  in  the  room  of  tluit  government 
iindt^r  which  this  conntry  ba&  ^  long  tlnu- 
ri^ihrd^  in  «pile  of  utl  the  abtines  thut  belong 
to  it  ^Abu^en  will  belong  to  evrrv  ijoveni* 
p,^..,  .,._i,  _.,  ibomioable  abuses  belong  to 
1;  I  — 1  ivill   not  lUsnenihle   tivat 


for  wiiatcver  sritxaUon  a  man  may  stand  in  in 
thr  rourtry,  he  his  an  interest  mhmteh 
»i  lion. 

^  fttited  to  von  what  iK^ 
iKUirtd  tu  \uc  iu  bti  a  rtii^otmiilL*  concbj^ion 
irom  the  tian^tctiun  with   Fr;inri\  which  I 


h 


nil 


J 

tnal,  to  ni 
that  have  1^^ 
but  I  am  fture  it 
tion  lo  }otj  koti) 
Ji#*f^n  act  Hit 
»huTilr! 
I 
) 

1  ua-.    J^*j;ui/    \u 


1  will  noli 
naturally 
►  weTc 
observe, 


t  the  ob- 
iheron- 


the  society  at  Stockport  lo  th«  prisoner,  date 
the  3nl  of   November,    1792.    Genllemea 
vol  J  will  recollect  that  with  respect  to  all 
letters   that   have  been  produced,  except, 
think,  one,  not  a  .^n^lo  ohserviition  has  bee 
made  by  the  counsel  for  the  pris<iner.     Thi 
one  is  a  letter  Irom  Norwich,   which  I  sli 
notice  to  YOU  pre^ntly.     In  this  letter  of  th 
3ni  of  November,   U92,  the  secretary  of  th 
society  at  Stockport,  says,  **  I  am  directed  [  ^ 
the   Iriend*    ol    Universal    Peace    and    tb#1 
Right*  of  Man,*'   which  very  titJe  I  think, 
you  advert  to  it,  plainly  shows  what  the  in 
tenlion  and  object  of  tlie^^e  parties  were  ; 
you  will  recollect  (the  thought  occurs  to 
at  the  moment)  that  the  hlea  whirh  had  bee 
corn  ' '     t ! lOHc  persons,  wa'*  an  enlhufiiasrtlj 

un<  I  ,  but  an  enthusiasm  dangerotisl 

in  t:  1— fe:— the  idea  wf.  ■  :^   n^yj 

bad  that  by  the  esi  i  it  1 

ofti         ^.,,^  -.    i^iu,   tmiver*aJ  I"      _        ..d, 
be  c^t.ibhshed  throughout  the  world      W  hea 
therefore,  persons  assu  ne  the  appellation  a 
the  FrientU  of  Universal  PesKcand  the  KightnJ 
of  Man,  they  plainly  declare  that  they  harij 
not  in  view  any  retorra  in  the  government 
this  country,  as  now  established,   berause  i 
i\  accordinj;  to  their  declaration,  u  I 
not  only  with  their  conception  of  th  f  ] 

Man,  but  with  their  conception  of  tin   [.u^mr- 
ing  univrrsal  peace.    Their  idea  of  the  meant  i 
ui  procuring  universal   peace  was,    that   by] 
efttahhbhin[^    a     representative    governmeiitj 
throughout  ihe   world,  the  interests  of  thtf 
people  would  be  so   immediately  considered  j 
by  the  government  of  every  country,  that  wari 
would   cease,  and   univensal  peace  would  lie  I 
established  throughout  the  universe,  and  all  | 
the  world   would  be,  in  elfett,  one  natiom; 
You  will  rnrolliH:!  lhf«t  thaf  has  appearcnl  in  a 
variety  of  *  '\  )iav«  j 

been  pio(i  '  thejf  | 

CerUUuly  IkkI,    urn  mi  r(ilnM>JaMn  a-  uaii.;f-rOUl  I 

to  i»ovcrnineiU  as  .iny  thai  evir  existed  ;   ai  ( 
*+"'fr-  ■•    "    *^  *  • '  •l-i'-iaHm  of  the  Jiiillena^i 
men,  who  in  the  last 

r     (li''lur!iKU>ce.     no|  | 

I'-raa^ 

,    ^    _     .  ,  ,       ;  '.''.:-.  I.   Waf  ' 

to  tnmv  to  cwlabii^li  hisi  owu  govtrhiueul 
upon  earth,  and  that  Iherr  wa^  to  he  universal 
pe,ire  and  good-will  f  % 

rnlJcd  the  kingdom  ^ 

imprcsMon  llicy  made  liu  jusnt  i^  i  Hlh  hi  mc 

rc^ju  of  Charltf*  the  Hecond*   which  was  mij*- 

\      '■         '        '       'i  \   Jew  people* 

n  of  the  same  j 

I  ot  trtimwelh, 

.^J:    but  thai 

I  lati^LctionEi,   to  I 
I   thetr  entliUMQsni, 
tftMi  ill   thf?  rcii^n  of  I 
-ird     in    Iheir  lafcl  mo»/ 
luid  Iteen  deceivt^,   theyj 

•  Stc  the  ca*r  of  John  Jamc*,  in  thts  Col* 
Icclioriy  VoLO,  p,  (r/t 


i;^15]        S5  GEORGE  111, 


Trial  of  Thomas  Aardif 


[1^16 


bad  been  deceived  T>y  heaven.    Wheo  the 
ninds  of  men  are  capable  of  being  worked  up 
|<|o  £>ut:li  blasphemcfU*  expressions,  it  is  not 
possible  to  say  lo  ^thal  lenj^h  they  may  not 

S"    o.    Their  ainterely  cntertiining  such  idea^, 
t>es  not  at  all  lessen  the  danger  of  them; 
I  does  not  at  all  lessen  the  necessity  for  the 
(  government  of  the  country  to  take  the  means 
[  «f  repressing  them,  and  punishing  the  deliri- 
^quents  ia    the    severest    manner,     li  men 
J  stioiild  take  it  into  their  heads  ttiat  the  com- 
I'Biunity  of  goods  is  part  of  the  christian  re- 
.  ligion,  ana  should  upon  that  ground  take  the 
'goods  of  their    neighbours^    they  must   be 
punished  as  robbers,  because  it  is  impossible 
to  preserve  the  peace  of  society  by  any  oilier 
means, 

'  Gen  llemen,  I  liave  digressed  in  consequence 
t)f  what  occurred  to  me  from  the  title  which 
these  people  at  Stockport  chose  lo  assume, 
i  The  lettpr  proceeds — "  1  am  directed  by  the 
Triends  of  Universal  Peure  and  the  Rights  of 
Man,  lo  inform  yuu»  that  we  received  two 
letters  from  you ;  the  first,  dated  September 
JBlsl,  requesting  us  lo  concert  with  you  in 
transmitting  to  the  French  National  Conven- 
tion an  address  signed  by  every  member/*— 
Jt  then  proceeds  to  that  which  is  not  very 
material,  except  that  it  proves  than  his  society 
in  London  were  not  content  dimply  with  ad 
dressing  the  French  Convention  themiselveSj 
but  attempted  to  prevail  upon  all  the  olher 
societies  to  do  the  same  tninp^,  which  they 
considered  as  assisting  the  cause  to  a  very 
great  degree;  and^  in  a  letter  from  the  prisoner 
himself,  in  the  course  of  the  transaction— i 
forget  lo  whom  it  was  directed,  but  it  is  a 
letter  in  which  he  mentions  the  subscription 
to  the  French — that,  in  his  opinion,  a  number 
of  signatures  was  infinitely  belter  than  any 
sunii  ofmoney  they  could  think  of  subscribing. 
The  letter  proceeds—*'  with  respect  to  the 
BubsUnce  of  this  letter,  we  behevc  llial  the 
cause  of  the  French  is  that  of  every  individual 
person  in  Europe,  that  i»  not  fattening  on 
plunder,  or  who»  through  ignorance,  obstinacy 
and  inattention,  sit  unconcerned,  and  wiij  not 
be  persuaded  to  consider,  although  inevitable 
ruin  should  be  the  awful  consequence/' — 
Here  you  sec,  genileraen,  that  this  society  at 
Stockport  declare  n»ost  clearly  what  they  con- 
aider^  lo  be  the  object  of  such  an  address  to 
the  French;  that  they  considered  the  cause  of 
the  French  as  their  own  cause,  and  likewise 
that  of  every  individual  person  in  Europe, '  free  citizen? 
not  fattening  on  plunder. — ^*MVc  therefore  I  hazarding  of 
think  it  Inghly  necessary  to  add  otir  friendly 
aid  and  assistance,  in  order  lo  stimulate  the 
oppressed  friends  of  freedom  in  France,  against 
^ml  the  despots  in  Europe  (who  are  combined 
list  the  just  and  equal  rights  of  man),  by 
ring  them  that  we  view  their  signal  exer- 
tions, and  wonderful  victories,  witii  admira- 
tion; together  with*" — mark  Ibiy,  gentlemen 
— •*  together  with  the  extinction  of  treacher- 
ous royalty,  and  I  he  re^tormg  lo  every  indivi- 
diJtl,  hia'equoli  indubitable  rights,  as  £bUow 


men  and  free  citiTsena ;  and  that  cmr  hearts 
are  nnited  with  theirs,  as  in  oqc  eommon 
cause,  considering,  us  in  a  great  measure, 
their  victory  our  emancipation,  together  with 
their  own/' 

Now,  wl»at  was  that  victory  ?— Th  -  «loriiMii_ 

victory  of  the  lOth  of  August. ' 

has  not  this  society  at  SltH-kpurt  ^ 
views  in  the  n>os>l  complete  and  tiutxt  icniitf 
— **  The  extinclion  of  treacherous  royalty^' 
is  here  not  pointed  out  ambiguuiisly ;  not 
pointed  out  by  words  which  will  »(imii  of 
a  different  construction,  but  by  xv  v  :  ^t 
and  plain  ;   by  words  which  req»i  i^ 

ment,  to  which  no  answer  cuuld   pu-^, 
tfiven,  and  to  which,  therefore^  my  Il.julJ 
friends  did  not  attempt  to  gi%'e  aiiy  an!>wcf. 

Gentlemen,  their  silence  upon  that  ftub* 

ject  is  cunviclion  — Sf  they  could  ha%'c  got  rid 
of  the  force  and  effect  of  this  letter,  they 
would  have  done  so. -^ You  cannot  conceive 
that  it  was  through  any  want  of  ability—thai 
it  was  through  any  want  of  industry;  for 
I  am  sure,  wlien  you  heard,  more  cspecitlJy, 
what  fell  from  my  learned  friend  who  spoke 
last,  3  ou  must  acknowledge,  that  (alibouglv 
not  possessing,  perhaps,  all  the  ornament)  of 


eloquence  which  distinguish   '"^      —     -rj 
yet  possessing  them  to  a   -  e 

dc'^ree)  as  a  judicious,  as  a  tu.^...,,. ,  .. 
really  able  and  convincing  advocate, 
not  his  superior. 

Gen  llemen,  observe  the  manner  in 
this  letter  proceeds—"  Yes,  should  it  t 
the  case  thai  our  ministry  should  be  so  perfi- 
dious, a^  contrary  to  their  pledeed  faith  of 
neutrality,  to  join  the  execrable  hand  of  dc»* 
pots  af^aiust  the  cause  of  freed um»  we  will 
stand  forward,  even  to  the  haTHrdtng  oar 
lives,  by  usiu^  every  justifiable  mc^os  to 
countoract  their  machinations^  and  give  1» 
the  friends  of  freedom  all  the  encouritfeatBS 
and  siipport  which  we  scTeially,  un«u|ij  "  "^ 
can  afford.'' 

Gentlemen,  is  not  that  a  clear  and  plain 
claralion — is  not  that  saying,  without  a  dogtt, 
thalconsidering  the  cause  of  the  French  aitlicrr 
own  cause — considering  the  victories  of  ibt 
French  as  their  own  victories ;  considmpg  Hit 
einancip.itionof  the  French  as  their  own  "^ 
cipation,  they  were  caecr  thcmselveiio  f„ 
to  the  csiinction  of  wnat  they  call  irettchi 
royultyand  so  to  restore  to  every  indtvidtial 
equal  and  iintr^  '^  :^''  ^  rights,  3ls  free  au 
y  would  do  tbk 
if 


that  it  is  impo<^sible  to  conceive  n  mof 
plete  comment  upon  those  addressea  to  i 
National  Convention,  than  thai  which  mwa^ 
tained  in  this  letier.-«It  seeim  ia!i|MMriUi;t 
when  we  advert  to  the  coolenls  of  this  leHir 
to  have  s  doubt  what  wtre  the  otyoEli^ 
the  vi*:v^  !ontinns  of  th^to  fKtmm* 

But,  what  \%  tbr  Icllcf  ffwi 

Norwicl»,  \sf  ntb  liid  roiW 

descend   to  I'pOMf,  note 

the  iwprc^iSiuii  tiw.it  li  vk)^  uccc^Ajy  for  ibttH 


lau} 


Jhr  fligh  Treasm* 


to  Ukc  notice  ofaQmetliingi  »nd  wiih^ul  an> 
fitry  dear  view^  I  &Iiould  ftpDreheniJ,  in  Ui<j 
iflple^Uou  which  thev  have  m^Lae  of  It ;  unless 
perbi*ps  they  fuund,  that,  in  the  course  o(  liie 
evidence,  there  was  very  tonndemble  allusion 
to  it^  and  tlierefure  they  thought  il  could  not 
pii^Aihiy  escape  notice. — Thai  letter  is  dateU 
NavemFjer  the  lllh,  1793.— The  letU^r  from 

8ty«;kt»arl  was  the  3d  of  November. Ttiis 

letter  from  Norwich,  you  will  recollect^  wtib 
made  the  subject  even  uf  ddiatt  in  the  meet- 
infi  of  the  »ucieiieA, 

ft  stales,**  Wt.    ^  :   r  Political  In* 

formAtiODatNorv  asof  holdin«» 

wad  strenuously  3rum»uiuu';,  imu  noble  senti- 
mcots,  which  you"  (the  London  Correspond- 
Lag  Society)  **  (mj  hilely  and  friendly  dispersed 
among!  us;  andtUS  wc  so  much  admire  y»ur 
well-;SjaMed  piuLD  for  a  reformation  in  the 
«^i  tt  u««  with  the  utinO!»t  deference  to 

yo.  J  society,  lo  psfcrticipate  with  you  to 

ali  y<iUf  great  national  correspondence,  which 
yqyr  very  nauje  pioruitirA  to  nmintain  ;  and  in 
coxisc(]ueace  thereof,  it  is  humbly  desired  by 
the  MM;iety  wljjch  1  have  the  happineas  to  re- 
present, to  ineorptiralc  three  members  with 
your  worthy  fraternity ;  in  doing  which,  I 
abttll  here  liiforni  you  -  ''  ■  v  imcsand  resi- 
dcxicc  ;'* — then  the  ihi '  are  mentian- 

ed. — '*  Our  priiicipiil  di  -^:.  ,.,  uuiu^  this,  is, 
tiiat  we  may  have  an  o)ipi»rtumty  ot  knowing 
niorr  cxiiclIyT  what  m^y  be  thought  the  most 
ell  ^  to  be  taken  in  carrying  on  Uas 

gi'  ^^aof  OUT  associated  brethren,  and 

to  iiHve  an  opportunity  lo  ask  sitch  sort  of 
questions  as  may  be  thought  very  reasonable 
among  the  brethren,  cs|«ecml)y  when  we  think 
th*t  publications  are  covered  with  a  sort  of 
obKUrity  in  them,  as  the  -^i  '  i  ijcoplc'ji 
decliiration,  which  seems  d^  lo  sup- 

per* t!      '  •!  j'  of  riichmomr>  1^.111  vinv/' 

.  \  ^enllemen,  is  a  society  which 
peivv.,v.  u  '^^'  .  t  -.i.^tmiy  ifi  ihe  dcckra- 
tiott<»  of  thr  r\\\  aud  st&Ica  in 

whatilcontL  'irity  to  consist— 

**  eapecially  when  we  thuik  that  publicatiooa 
are  covered  With  a  »orl  of  obscurity  In  thetn, 
aa  the  Sheffield  people's  declaration,  wbith 
•eoms  determined  to  support  the  duke  of  Ricti^ 
moikl's  plan  01  dy/' 

Gentlemen,  you  will  reeoJIect  that  the  plan 
of  the  duke  of  Kurhmoxkl  was  a  plan  which, 
)>Owever  I  m^vy  liiink  it  wild  and  extrava^nt^ 
kMM  a  plan  which  had  i  *'  —  object  what* 
H^pr  tnan  tlmt  of  ni  a-   House  of 

^^KpaBioiis  m  this  couuu  >,  lurking  all  p«r« 
^^Kft  who  were  of  a  certain  age^  and  not  liable 
VK^ccrtain  objccttonv,  capable  of  giving  their 
votes  for  the  «rUciioo  of  member)*  of  that 
House,  dividing  the  whole  c*.untrvjnto  dis- 
Uicia  lor  that  purpose,  mud  1  1  tiiiuk, 

ftbcnil  8,(i(X)  vote-*   to   the   «  evrry 

^■ifiolhatit  I 
In  view»  the 
equal,  oclivr 

every  man  to  ^hdit.  m  lu'  i^ovcniiutiii  ut  uil 
VOL  XXIV. 


A.  IX  179*.  [1218 

country ;  but  expressly  con&ntng  it>his  letten^  \ 
and  in  all  Uis  declar-^^i  -1-  1  ■—   'h-  ^.v.    t, 
his  idea  of  rdurm,  \ 

ri^ht  of  choosing  a  pc:  ..;_,  -;,i....  / 

which  he  was  to  be  governed,  were  1 
— a  distinction  ver>'  clear  and  very  i  t 

not  very  easily  to  be  found  in  that  ^i  i 

of  the  Sheffield  people,— The  Norwh 
therefore,  thought  that  there  was  a 
scurity  in  the  declaration  ol  the  Sb*. 
ple;  in  consequence  of  whirh,  they  be^^iii  10 
apprehend  that  this  Shetlield  society  did  uo|  | 
mean  to  go  the  length  which  they  lutendetL  | 
They  say,  that,  from  this  declaration  oi  Uie 
Sheifielo  people^  they  begin  to  appreheiwl  llial  i 
the   Shetheid  people  seemed   Jrtcrmitied  I9  ' 
support  the  duke  of  liichujoud's.  plan  only.— 
I'he  letter  adds — ^*  But,  since  we  find,  in  a  4 
printed  letter  received  Iroiu  them  in  a  book*  I 
that  they  mean  to  abide  by  some  naoderatt  > 
reform,  as  may  hereafter  be  brought  forward 
by  i!ie  Friends  of  the  People" — \  ou  will  re-* 
colled,  in   tlie  interval,  the  Society  of  the 
Friends  of  the  People  was  established,  wbicli 
professed  to  have  in  view  only  a  rooilerata 
reform  ;    and  which,  likewise,  if  yuu    majf 
judge  from  tlvc  evuleuc^  that  lias  been  given 
at  tne  bar  by  some  of  the  members  of  thai 
society,  never  conceived  even  the  duke  of 
Richmood's  plan  to  cocne  within  the  descrip^ 
tioQ  of  a  QBoOeiiaie  refonn,  but  always  thought 
tliat  pkin  wild  aii£l  ejitravagant.    The  ktler 
adds-"*'  w  1  od  is  uncertain  to  11*,"— » 

Here  you  t'  ;se  Friends  of  the  People^ 

and  the  Society  fur  ConsLitutional  luforaia* 
tion,  do  not  exactly  agree ;  and  you  will  rer 
cc^ttect  that  the  Friends  of  the  People,  and 
the  Society  for  Constitutional  Information,  sq 
very  httle  agreed,  thul  ^  uis  of  theP&Of 
pie  iKuldeclared  that  i  have  nuthm? 

more  to  flo  with  the  sN>4.il''>  luv  Constitutiooai 
Iidonnation,  bcaiuse  U)cy  saw  clearly,  tbat» 
jiM^'  fr  iM^a.  iu,n.  1,^  "hich  the  Society  for 
t  II   were    eni;aging, 

I!       ,  -  _      lijrm  of  the  Com- 

mons House  of  Parliament,  but  hud  in  view» 
afi  the  Jetivr  of  the  Friends  of  the  People 
atates^the  accorapbshment  of  wimt  is  termed 
"  all  Mr,  Paint's  plans  for  public  benellt ;'' 
includii»g  therefore,  necessarily,  Uie  exUnx> 
tJon  of  treachenius  royalty,  the  e%tmctioii  of 
aristocracy,  and  the  establishment  of  perfcci 
repfcsantation* 

The  letter  proceeds,  air        ^  thai 

the  Friends  ot  the  people  lut; 

Coo»tautional  It  ' »■  i-rvt* — 

"  \V«  would  W  i^n;    it 

terms  to  inc  4-    ...  ^--  ^' «■  wa^s 

thitf  1    tile  Friends  of  the  1  ly  n 

parlial  reform,  WcauHj   r  ]\u^ 

words  expre^ Sting    XU 
pl;ttt,  unri   tilk  onlv 


4   1 


X"a'ii'.* 


-umuui  tilts 


^    em  view,  d^s  esiaDiisning  me  nuKes  pnin 

'*  Whether  the  general  ily  of  the  sociclies 

mean  to  re^t  satisfied  with  the  duke's  plan 
onlyj"  that  is,  whether  vou  struggle  for 
more,  or  will  be  contented  witli  that;  fur 
tlmt  must  be  the  meaning  of  the  words — **  or 
whether  it  is  their  private  desig;n  to  rip  u|i 
monarchy  by  the  roots,  and  plant  democracy 
in  its  slcad." 

Gentlemen,  when  we  attend  to  this  letter, 
it  is  impossible  not  to  perceive  that  this  Nor- 
wich Society  was  floating  in  a  degree  of  un- 
certainty with  respect  to  the  views  of  the 
olher  societies,  was  disposed,  perhaps,  to  be 
content  with  the  duke  of  Kicnmond's  plan 
only,  to  rest  satisfied  with  it,  but  at  the  same 
time  to  obtain  whatever  it  could  beyond  it. 
That  this  teller  was  written  for  the  purpose 
for  which  it  was  supposed  by  the  London 
Corresponding  Society  to  have  been  written, 
for  the  purpose  of  knowing  what  were  the 
true  and  real  sentiments  of  this  London  Cor- 
responding Society, 

Now,  gentlemen,  if  the  London  Corres- 
ponding Society  bad  intended  to  hold  sacred 
the  House  of  Lords,  and  h;id  no  object  in 
view  bul  establishing  a  new  constitution  uf 
Ihe  monarchy  of  the  country »  to  hold  sacred 
the  House  of  Commons,  by  universal  suffrage 
mnd  annual  parliaments,  would  they  have  he- 
titated  in  answering  tliis  letter  ?  would  they, 
as  described  in  Lynam's  evidence  (and  bv  the 
way  I  would  observe  that  Lynam*s  evidence 
Ihruughotit  is  canabte  of  being  contradicted 
by  hundreds  and  Imndreds  of  persons,  if  it  be 
not  true,  and  there  is  not  one  person  brought 
to  contradict  one  sinjle  wora  of  it),  would 
they  have  deliberated  m  the  manner  in  which 
he  describes  them  to  have  deliberated  upon 


1 


i^iriseitr'  poi  in  i^  ^s^ 

been  made  upon  the  word 
tionably  we  are  all  citizens  ( 
and  when  the  word  citizen  is  8 
partiaUar  allusion,  it  certainly 
m  any  degree  improper ;  In 
comment  which  they  themsc 
upon  llie  wurd  citizen,  in  tht 
committee  of  constitution  ?  1 
between  citizen  and  subject 
ancient  appellatton  given  to  * 
free  stales — tubject  can  only, 
be  applied  to  a  member  of  a  \ 
vernment  has  been  instituted 
quest,  or  by  the  prevalence 
(action/*  Thus  they  have  cc 
will  recollect,  in  all  their  pa 
the  most  gross  falshood — tl 
constitution  was  a  govern mc 
foreign  conquest ;  meaning. 
thinks  proper  to  assert  most  i 
conslitulion  and  gov^crnroenl 
was  the  result  "of  tlie  No 
whereas,  in  truth,  all  the  alti 
eonauest  inlroduccd,  was  an 
cipally  in  the  aristocratical  ps 
tution,  and  those  must  reco] 
any  tiling  of  the  history  of  tl 
the  Sason  laws  and  institutioi 
foundation  of  our  governmc 
that  part  of  it  which  consists 
tration  of  justice,  which  is  tt 
of  the  liberty  of  the  sobjet 
genllemcn,  the  word  "  citizei 
diflTerenl  word  when  used  by 
it  would  be  indifferent  used 
when  used  by  persons  who  dr 
between  citizen  and  subject 
that  no  persons  are  to  be  m 


ISfl] 


fit  High  Treoion* 


Correspoodtng  Society ;  Uie  London  CoiTe»- 
pond  lag  Society  having  never  before  heard  of 
your  society,  wish  to  nave  soiuc  furlher  in- 
formation concerning  it,  as  to  its  origin^  \X'A 
pdncipleSt  and  the  number  of  its  members. 
Such  an  account  in  your  next  letter  will  give 
them  great  satisfaction/*  Here,  gentlemen, 
they  are  wriltng  to  a  society  of  whom  they  pro- 
fess not  before  to  have  hedrd ;  of  whom,  there* 
fore,  they  ought  certainly  to  have  been  particu- 
larly cauLiuus,  because  they  could  not  possibly 
know  any  thing  of  that  which  they  here  in* 
quire  atler,  the  principles  of  its  members. 

The  letter  proceeds — "  They  do  not  tho- 
roughly comprehend  how  it  would  be  possible 
to  incorporate  with  our  society,  three  of  your 
ntembers  residing  in  Norwich,  inasmuch  as 
it  would  be  impoftsible  to  communicate  to 
them  at  that  distance  all  our  correspondence, 
mud  ibey  could  not  attend  our  committees, 
where  the  business  is  transacted.  If  it  is  in- 
formation you  want,  they  will  very  readily 
answer  any  question  you  may  put  to  them. 
As  to  the  object  they  have  in  view,  they  refer 
you  to  their  addresses/*  I  shall  lake  notice 
of  these  addressilis  presently,  of  which  my 
learned  friend  reminas  me  ttiat  the  counsel 
for  the  prisoner  have  taken  no  notice  what- 
ever; not  one  single  obscrvaiion  has  been 
made  upon  those  affdrcsses,  though  those  ad- 
dresses are  here  expressly  referrecf  to,  as  can- 
taining  the  objects  the  society  had  in  view. 
**  As  to  the  objects  they  have  in  view,  they 
refer  you  to  their  addresses ;  you  will  therein 
tee  they  mean  to  disseminate  political  know- 
ledge, and  then  1  V  the  judicious  part 
of  tne  nation  to  >  estoratiou  of  their 
mhts  in  annual  |  .^..-u,..,  jas.  The  members 
of  those  parliaments,  owing  their  election  tg 
the  uabought  and  unbiassed  suffrage  of  every 
dtiacQ  in  possession  of  his  reason,  anil  uot 
incapacitated  by  crimes,  thcv  consider  the 
oblaminz  siich  purl  laments  to  be  the  ground- 
work 01  every  neccsi^ary  reform.  To  this, 
tlierefore,  they  steadily  adhere,  and  turn 
themselves  neither  to  the  right,  nor  to  the 
left,  to  follow  any  other  plan  wliatevcr.  The 
rules  and  orders  of  their  society  being  so 
pi.;  *  tsy,  that  if  they  can  get  u  m.\jo- 
M» 

UflOII   1 

arifc' " 

Those  Litdii 
to  them  by 


xixan  \Q  act  as  ttiey  do,  Uic  pro- 

.    »;n    .11...    jtwcIL    They  look 

:»  that  may  have 

I   soci»:lie«  to  he  of 

III  think  Iht'y  will 

lurini^  the  clius*?/' 

d,  as  staled 

in  ilic  ques- 


tion, whetliiir  Uic  bu<.aiii:^  iw<:.mi  to  rest  i^a- 

ti«ih<^d  with  the  duke   of   riichmond>   plan 

ou'  "t    tiic  iVopIc  pro- 

JH  lire** :  or  whtlber 

t  ■  "        "ruirchy 

b  in    its 

»K"..,  ........ 

andl  < 

tha  pUc -  .     -  -       --  -.,  - -^,.._.^, 

was  ool  a  word  that  was  not  considered. 


A.  a  1794.  [1289 

They  proceed,  gentlemen,  to  say,  **  they  i 

tliink  It  a  matter  of  small  importance  whai«  ^ 

ever  name  you  choose  to  adopt;   they  advise i 

you  to  follow  their  plan,  and  divide  yoursclvca^ 

mlo  small  societies,  each  of  which  to  choose  a< 

delegate ;  the  delegates  when  met  to  form  the  j 

committee,  and  transact  the  business  of  the  \ 

society  ;  at\crwards  let  each  delegate  report  ' 

to  his  division  the  business  so  done,  let  him  { 

admit  fresh  members,  comnmnicale  fresh  itt*i 

tellii^ince,  promote  and  encourage  politicals 

discussion,  or  read  to  you  such  books  as  mayl 

convey  the  instruction  your  weaker  membcra  ' 

stand  in  need  of/*    Weak  brethren,  you  will  1 

recollect  is  a  term  that  was  very  much  in  use^ 

at  one  time ;  it  meant  a  person  that  was  not  < 

risen  to  that  height  of  enthusiasm  which  wasi 

necessary  for  what  was  then  called  the  i^ood^ 

cause — **  but  above  all,"  and  then  the  word  J 

*'  Genilemen"  is  struck  out—**  but  above  al|4 

be  careful  to  preserve  peace  and  good  order  i 

among  you;   let  no  dispute  be  carried  tu  ex- 4 

cess."    And  here  come  the  words  which  show 

the  meaning  of  the  whole  of  this  letter — Thf-j 

question  put  to  them  was,  whether  it  wa»j 

their  private  design  to  rip  up  monarchy  by  ■ 

the  roots,  and  place  democracy  in  its  stead :] 

see  what  answer  they  give  to  that.    Instead^ 

of  expressing  tlieir  mdij^nation  at  such  ad  i 

idea:    instead  of  saying,  now  could  you  ima<«'i 

gine  that  such  was  our  intention  :   how  could  ( 

you  conceive  that  we  had  ever  tlionght  of  i 

destroying  that  wliich  is  so  essential  to  the  1 

established  constitution  of  this  coimtry,  which'! 

1  is  indeed  the  very  essence  of  its  government;  ^ 

the  essence  of  the  government  of  this  coun-^ 

try  being  that  it  is  a  monarchy ;  a  limited  { 

\  monarchy ;   the  great  use  of  that  monarchy  \ 

being  ihal  it  reduces  action  to  a  smgle  point,  I 

'  it  suppresses  ambition,  it  contains  every  thing  { 

'  within  a  just  prerogative,  and  it  gives  us  thie  i 

\  boast,  that  we  never  need  fear  a  Robespierre,  i 

or  any  dictator,  because  we  have  a  king;  be-  1 

I  cause  we  have  a  person  at  the  head  of  all,  to  I 

whose    situation  no   person  ca^  aspire,  bufcj 

I  whose  powers  are  so   hmited  by  known  audi 

I  bounded   prerogatives,  that  he  cannot  past  ( 

1  beyond  tliem  without  exciting  the  jealousy  (  * 

I  all? 

Gentlemen,  the  answer  is  very  curious  ;  it| 

ii— **  Let  no  di^' 'it^   • -»  carried  to  cicess^^ 

I  leave  monarchy  v,  and  even  religiott^ 

enlirelv  aside;  n_     .  ..  ^utc  on  these  topics* "^ 

Wlmt  f  never  dispute  on  the  topics  ot  mo-  j 

fuirchv  and  democracy!  on  the  propriety  of  | 

f^tahh^hing  the  one  or  the  other  as  ihcgo- 

I  vt'rnnirnt  af  a  coimtry,  when  persons  were^ 

'  <  -  what  ought  lu  be  the  rclorm  to  I 

J  in  the  government  of  the  country  !  < 

j  •'   Lt  I  yuur   endeavours    gg   to  increase  the  < 

I  number  of  those  who  wisli  for  a  lull  and  equal  j 

'  r  aign  iif  the  people,  and  leave  to  a  i 

I  ,  I    so    chosen    to    form    plans    fufi 

■  the  eiislif'-  -.k......      ^.i     .i.«  *u.,y, 

loswcr   V 


hVB^' 


.J,  you  ma^ 


1W3J        35  GEORGE  111. 

Now,  Gentlemen,  Ihis  letter  which  chooses 
to  ieave  mon&rcliy  and  democracy  entirely 
•lone,  in  eftVet  atntc^  tt  plan  of  clear  and  pure 
dcntocrjicy  ;  for  it  ?^ys — "*  let  your  endea- 
vours ^  to  increase  the  nuraber  of  those  who 
fur  a  full  and  cqiml  representation  of 
i|)eoide,and  leave  loa^arliamenlsochosen" 
-tmt  i^  an  tntirt        '  /,  so  cho^n  by  a 

full  and  efjiial  rep-  of  the  people — 

an  elective  ^;etmie  -iy>i  u  iah  mean  nothing 
cise— "  tofunn  plans  for  remedying  the  exist- 
ing abuses.  Should  they  then  not  answer 
ymire)t|iectation%at  tlic  year's  end  you  may 
cho*)*^e  others  in  their  stead.**— This  ii  not  ttxj 
strong  ti  rommcnl  whii'h  I  have  made  upon 
tl*e  words,  **  tho**c  who  wi^li  for  a  full  and 
eaual  reprcHcntation  of  the  people/*  and 
"  leave  to  a  parlJamenl  so  chosen ;"  because 
if  you  will  li>ok  at  the  address  of  the  London 
Corresponding  Society,  of  the  6th  of  Auj^jst 
1705,  they  speak  in  clear,  plain,  and  unequi* 
\X)Cal  language  of  a  parliament  &o  chusen,  as 
that  wlucTi  is  to  accomphsh  all  their  purposes. 
Whrn  they  referred  thcrrfnre  in  this  letter  to 
their  addresses — when  in  this  letter  they  in- 
serted this  passage,  the  same  idea  presscfl 
upon  their  minds — namely,  that  by  a  lull  and 
tquai  representation  oi  the  people*  they  meant 
u  parliament  chosen  as  they  there  state,  they 
meant  a  parhanient  wholly  elective^  excluding 
a  lloujte  ot  Lords,  and  you  will  observe,  thai 
in  this  adilress  of  the  6th  of  August  17?)2, 
they  describe  it  accordingly  as  the  people's 
parliauient.  After  taking  notice  of  some 
things  which  I  shall  have  occasion  to  observe 
upon  presently,  they  say  "  numerous  other 
reforms  will  undoubtedly  take  place  even  in 
the  hrsl  session  of  a  parliament  so  elected"— 
that  ifi  of  the  whole  parliament  ?o  elected^ 
•'depending  only  upon  their  electors,  undi- 
vided by  faction,  nncorrupted  hv  the  minister, 
and  im influenced  but  by  the  public  good/' 

Geutlemcn»  if  their  views  went  "simply  to 
the  leitrrHf  ntation  of  the  people,  in  the  Com- 
mons House-  of  Farhamenl,  in  what  sense 
could  they  possibly  have  used  these  words  ? 
One  paper  rcHects  upon  the  other ;  it  is  clear 
and  plam,  that  thai  only,  which  I  have  staled, 
could  have  leen  Iheir  iulent.  The  letter  pro- 
ceeds, "  To  preserve  peace  and  good  order 
among  you,  let  no  dispute  be  carried  to  ex- 
cess, l/^ave  monarchy,  democracy,  and  even 
religion  entirely  aside,  Nefcr  dispute  on 
tliese  topics." 

Geiitlemen,  you  have  hem  toM  tlxat  the 
priscncr  niver  talked  of  the  abolition  of 
miMiarchy— never  talked  of  the  abohtion  of 
the  pcrrage— of  the  establishment  of  demo- 
cracy^ but  all  his  language  was  only  of  the 
duke  of  Richmond*s  plan,— Grant  that  it  was 
so;  what  does  it  prove,  but  that  he  observed 
the  kssou  which  he  tauchl  to  others,  and 
which  perhaps  this  very  Tetter  might  teach 
liim  the  ncLessity  of  observing — "  to  leave 
monarchy,  democracy,  and  even  religion 
esiirel  V  aaide,  never  to  d\a\Aitc  qivxVc?^  \o\kk^ 


Trial  tf  Thamm  Hardtf  0W 

the  number  of  thoie  who  vbbid  fir  t 
and  equal  represezitation  of  the 
cording  to  the  senile   in   wtuch  he  u&ad 
words;  and  "  leavinjg  to  a  paxtinBcmwap 
stituted,  to  accomplish  every  ol^jea  Ihilli 
wished  ?" 

The  letter  proceeds — **  The  cODnnitliti 
you  every  assistance  in  their  po»cr« 
request  that  your  questions  may  relato^ckiii|i 
to  the  methods  of  obtaining  a  reform  ift  p- 
liament."  Still  observing  the  itinc  msl  ti 
conduct;  do  not  put  to  us  any  auch  i^lcw^ 
questions,  a^  whether  we  meto  tO  becMi* 
with  the  duke  of  Richmond's  pka  «aN^« 
whether  it  is  our  private  itesigp  la  ^ 
monarchy  by  the  roots,  and  pbct 
in  its  stead — those  nre  awkwafd 
we  don't  like  to  write  answicri  to  ftd 
tious,  but  request  your  qoestiona ll^^ 
chiefly  to  the  methods  of  cibtailiiKai 
in  piirliament  The  letHer  ttOdnlH^ 
yourselves  we  are  frienda  tope«ii,lK 
and  well  wishers  to  the  Rtglite  of 
not  so  sanguine  in  our  e3ifiecliliuai»iit 
imagine  those  ri^ht^  will  be  rtfAorid fe^ ir 
spontaneous  consent  of  those  whokiivi 
long  deprived  mankind  of  them.** 

Gentlemen,  you  will  observe  thiltbil** 
from  the  Norwich  Society,  to  which lim  te 
is  an  answer,  concludes — **  1  ^iball  vf9 
more  at  present,  but  remain  a  fricMl » 
ikjt  to  anarchy,  a  well  wisher  lo  the 
Man,  when  obtained  by  consent  " 
Bwer  to  it  says,  '*  The  London  Ct»( 
Society,  arc  also  friends  to  pesce^ 
anarcliy,  and  well  wishers  to  the  Hi|p*^ 
Man,  yet  not  so  sanguine  in  thetriiliik 
tions,  as  to  imagine  those  rights  «■  ^ 
restored  by  the  spi  tntaTjeoits  eoDiMn  sf  ll* 

who  haVC60b>np  dt^nnvrfl  m^nlinrf  «|iiS»* 

Thus  they  r  €ir*v(" 

are  not  of'  t  n  k  •(  itff 

of  the  Norwicit  Society  ;    that  they  bolkt 
degree,  a  I  least,  of  force;    tu  lakii^  li« 
yernmenl  of  the  country,  froiti  tboiaio 
it  has  been  intrusted,  against  their 
ami  to  taking  it  by  such  means  astlKj 
selves  shall  provide  for  Ui«  ptvpoie. 

Gentlemen,  this,  and  nuiul»eri«9f  ^^ 
letters  of  the  same  description,  which  1  wn)^ 
observe  upon,  clearly  ajtd  di^bBCtfj^  ^  ^ 
seems  to  me,  show  the  pitoelplti^  ttw  ^nf*^ 
and  the  intentions  of  the  persons  vbatff  i^ 
gaged  in  this  transaction  ;  and  llielMtfi^ 
which  they  meant  finally  to  ace«*mpl»^B  tl*i 
intentions — I  thmk  that  w«  m  ''^ 

of  the  views  and  iutenlicms^,  aiv  * 

pnuciples  of  n  man,  not  <Mily  hv  *»hai  U  *«> 
self  declares,  but  by  the  principle  erf  t*« 
compny  he  keeps ;  by  the  principtesof  lll^ 
whoi^e  character,  and  whose  acts  be  ifyiP* 
—by  the  prmciples  of  t  t  Ucatio*s-*i^l 

am  told  1  am  not  to   i  hkq  l^^fli 

opinions  but    by  their    ai  nons^  I  ai»*A<  1 


must  frequently  judjc  of  the  et^  af  A«i 
v^uMiiuiF  ui3iuv|^t<^T^t  lu  1^llLaYTUl.\J^]l.^\u^'a^  \MY^''^''=*>  I  actions  v]f  ineir  opinions* 
Lilt  to  le  t  his  ej;idea  v  ouib  ^  ou\^  \jo  ^ucte^ftsvc^^X     ^v^y^^^a  ^^  ^^^»ga^  ^-^SM&ca^  m  iIm  t^ 


I       Krhi' 


IMS]  f»  High  Triason. 

of  king  William,  had  set  about  a  rtforni  of 
religion,  niid  for  tli&t  purpose  hkd  attempted 
to  ii!-^nible  a  convenuon,  to  act  as  a  conven- 
tion of  llic  people,  for  the  reform  of  religion. 
Could  YOU  have  had  a  doubt  what  sort  of  a 
reform  they  meant  to  effect?  Could  jiiu  have 
had  a  doubt  that  they  meant  to  establish 
Popery  P  VVoidd  a  doubt  of  it  have  existed  tti 
the  nand  of  any  man  P  And  one  great  reason 
why  you  tould  not  have  had  a  doubt  o(  it, 
would  l>e,  the  iiilolemnt  principles  of  Popery 
— though  perhaps  not  of  the  Uomun  Catholic 
rf  ligion»  for  1  know  they  make  a  great  dis- 
i(T  -  i,..T,  .rtri  *  Hisiinction  in  some  degree  well 
t  n  Papists  ami  Roman  Catho- 

J 1  At  majority  of  Homan  Calho* 

1  it  least  in  former  times^  were 

1  ire  not  so  now. 

Gctjtkiueu,  when  we  advert  to  the  papers 
which  have  been  laid  before  yon,  we  ntust 
'"'iservc  Uieaamc  tjpiril  of  intolerance  in  these 

cieties.  The  French  at  this  moment  arc  as 
iniolerant  in  their  pohtical  principles  as  the 
Papi^t^  e»er  were  in  their  religious  princi- 
ples They  will  not  endure  any  other  Hort  of  go- 
vernmt'Ut  to  exist  in  the  world,  but  their  own 
forui  of  government,  becauM*  they  say  that 
the  government  which  the  light  of  reason  dis- 
cov»^rs  to  man,  ou»ht  to  prevail  all  f^ver  the 
world,  and  Ihcrefbre  tlvey  are  in  conscience 
bound  to  pron^otc  it.  Thus  they  hold  the 
fame  obhgLiUou  upon  conscience  in  matters 
t(  pf»lai(s,  a»*  the  Papists,  deemed  bindin|g 
upon  c«in science  in  m^iUcrs  of  religion,  and 
which  mm  hold  to  l>e  binding  in  matters  of 
Tf'  V  ihink  they  ought  to  en- 

cJ  n  other  men  to  takethosc 

J  '      I'iness.  which  they 

I'  '  means.    This  is  a 

ri  I  he  mind  of  man  ; 

I  to  government  is 

p-  .  -  .^  -^  ,  .-,:...:.„;  .ons  to  the  highest 
degree;  as  U  tends  to  ihe  unyeUling  of  every 
atate  whatever,  because  no  two  persons  will 
agree  upon  the  question,  which  is  the  most 
prop'T  h>rni  ol'  government?  No  two  persons 
perhups  ever  jierfet  tly  a^eed  upon  the  sub* 
jfict— jiud  if  persons  fay  down  certain  princi- 
pl  l  upon  the  pcrMwsion,  thiit  thojftc 

J  re  HI  clearly  the  re^dt  of  the  light 

<  hat  they  ought  to  be  established 

t  the  world,  and  that  it  is  highly 

jnti^i '..u,,>  u*  establish  thr-  "'^  zhout  the 
worlds  ihcy  *ct  upon  a  prit  i  ; olerance 

which  IS  just  as  great,  and  j,.-,  ..^  vldOgi-rous 
a9  that  of  Ihe  Papists. 

!f  iheretbrc  men,  who  \n  the  years  1?93, 
and  ir9t,  processed  to  consider  no  govern- 
fnent  as  hiwfnl,  hut  that  whirh  i^  t  ^uriltshtd 
on  what  they  call  the  inHr  .  of 

Man,  astauj^ht  by  the  Trr.  und 

hy   Harlow;    and   who   prulv:?>?cii  to   ;aimirc 
rtery  thing  done  in  Friiuee— thr  rtt»*mHr»a- 
Ijon  of  IffniclieTi 
distinction,  nod  ' 

if  such  men   thow  a   ur^m.'  lo  irdtrrmzti   wiin 

Iptracmift  uf  the  aamc  divpcmtion ;  if  audi  loen 


A.  D.  17M. 


[18S8 


proceed  to  declare  their  intention  to  reform 
the  grVvernment  of  Great  Britain,  and  take 
»Heps  for  that  purpose ;  and  especially  if  the 
steps  they  take  are,  endeavouring  to  aisemble 
a  convention,  whicli  should  at^t  in  the  charac- 
tf  r  of  a  con  veil  1 1  on  of  the  people,  can  any 
thing  but  Ihe  destruction  of  the  British  go- 
vernment be  their  end  ?  Ts  it  possible  to  ima- 
gine, that  they  had  any  other  object  ?  For  if 
they  should  once  have  it  in  their  power  to  ef- 
fect any  refonn,  can  they,  upon  their  own 
princiufcs  stop  short  of  that  reform,  which 
they  declare  can  alone  constitute  a  lawful  go- 
vernment ?  It  is  not  in  the  nature  of  things 
gentlemen.  If  men  once  gel  the  power  la 
make  a  reform,  and  lav  it  down  as  a  principle 
that  I  he  only  just  rule  in  forming  a  government, 
i«*  esLiblishing  the  indefeasible  and  impre- 
scriptible Rights  of  Man,  with  all  their  con- 
sequences, trie  necessary  result  is^  that  the 
moment  they  have  tire  power  in  their  hands, 
they  wiH  do  the  whole.  It  is  impossible  to 
doubt  it. 

But  it  is  not  simply  opinions,  which  the 
prisoner,  and  those  who  were  combined  with 
him  have  declared.  They  are  not  simply  opi- 
nions ;  they  are  resolution*— resolutions  to 
act  upon  opinions.  The  societies,  by  their 
uddre^.ses  to  the  French  Convention.  Iravi^  i\e^ 
clared,  not  only  their  opinion  lliat  t' 
ment  of  this  country  ought  to  be  r  ,     u. 

— not  only  their  »mA  to  make  the  government 
of  this  countf)  repubtiean— but  a  r€iottiti<m  to 
lake  measures  to  cftect  il.  They  rcwkm  !<!> 
make  the  govern  ment  of  this  cotmtry  reptib* 
lican — and  having  so  done,  they  in  e0eet  de- 
clare, that  they  have  entered  into  a  complete 
conspiracy  against  the  government  of  the 
Couulry,  For  when  men  entertain  opinions  j 
when  these  opinions  are  followed  by  a  wish 
lo  carry  them  into  effect,  and  a  rcsohition  to 
attempt  to  accomplish  that  wish,  ihey  form  a 
conspiracy  to  do  what  they  so  wish  to  be  done. 
Idonot  know  what  is  a  conspiracy,  if  that  is 
niH  one.  And  these  men  have  declared,  not 
only  that  such  are  their  opinions,  that  such 
is  their  wish,  that  such  is  their  resolution,  but 
they  have  declared  how  they  mean  to  accom- 
plish that  resolution  ;  namely,  by  means  of  a 
convention  of  the  people;  and  to  establiaK 
within  this  country,  that  sort  of  government 
which  would  enable  the  French  National 
Convention  to  address  a  National  Con?cnti<m 
in  England,  not  as  a  constituent  ass<  mbly, 
simply,  but  as  the  governing  power  of  thii 
country. 

Gentlemen,  this  has  been  the  constrocllon 
which  has  been  put  upon  acts  combinH  with 
opinions  in  other  cases.  What  was  the  case 
of  Crohagan,  which  was  mentioned  bv  one  of 
my  learned  friends  f  A  man  declared  his  opi- 
nion that  the  king  ou^ht  tf)  be  killed  ;  he  oe- 
ch^red  hi«»  wish  it*  efiert  it  •  he  declared  hia 
^lution  to  or  I  lid  come  at  the 

This  h<  -tin ;  and  having 

nrnxt^  SO,  he  came  to  i:.nri»inu.  What  was  the 
intef prctation  whictv  %  ^v\  \m\  \s^ao^  ^  ^^K»k> 


I 


That  be  caroc  U>  England  for  the  purpose  of 
ejecting  that  resolution  which  he  had  pre* 
viou£ly  made ;  namely,  a  rcsolulion  lo  kill 
the  king  if  he  coidd  come  at  him ;  and  1 
ne%'cr  heard  itte  propriety  of  that  decii^ion  of 
the  jury,  in  any  degree  reprobaled ;  on  the 
contrar^^  it  is  always  slHted  as  an  illustration 
f)f  a  principle*  But  if  he  liad  declared,  not 
<jnly,  thai  he  had  formed  the  resolution  to  kill 
the  kingt  but  thai  he  iotendcd  to  dti  it  by  a 
particular  instrument,  and  if  he  afterwards 
tad  provided  that  very  instrument^  how 
strongly  would  the  providing  that  instrument 
have  declared  hi^  purpose,  and  especially  if 
the  in  si  rumen  t  was  of  a  particular  couatruc- 
tion,  and  such  as  is  not  oruinarily  used  ?  Vou 
would  say,  ini mediately,  there  coukl  not  be  a 
possibility  of  douht  of  his  purpo,se. 

Kow  Jet  us  see  how  this  Corresiponding  So- 
ciety, and  tho^c  who  leagued  with  theui— I 
oiean  always  the  leading  members— proceed- 
ed to  carr}"  into  execution,  that  purpose  which 
it  seems  to  me  they  had  clearly  and  expresMy 
demonstrated  in  these  addresses  to  the  Ma* 
tional  Convention  of  France,  and  in  the  ad- 
dresses of  the  London  Corresponding  Society, 
to  the  people  of  England,  which  1  sliuU  pre- 
sently mention,  and  in  the  letters  which  I 
have  observed  upon, 

Genltemcn,  itiis  is  necessarily  a  deduction 
nf  some  lenglii— but  why  is  it  so  ?  because  in 
the  nature  of  the  thing,  a  resolution  of  this 
Jiind  could  not  be  carried  into  effect  in  a  mo- 
ment. The  only  means  by  which  il  could  be 
effected  was,  by  raising  up  a  strong  i>arty  in 
this  country  to  assist  the  conspirators  in  ope- 
rating the  completion  of  their  intent  The 
Be  volution  which  has  taken  place  in  Franc  e, 
proceeded  from  very  small  beginnmgs,  to  the 
Jieight  at  which  it  has  arrived*  If  we  trace  it 
from  its  source,  we  shall  find  so  much  simi- 
larity between  what  has  happened  there,  and 
the  nature  of  the  atlempt  made  in  this  couu* 
try,  so  far  as  they  have  gone,  that  I  think  we 
shall  perceive  that  the  ditference  in  llie  events 
has  arisen  from  iliffercnce  in  circumstances. 
The  ancient  guvcrnmenl  of  France  had  be- 
come so  odious  to  all  runks  of  the  pcuple,  that 
the  opinion  of  the  people,  by  which  alone  a 
government  can  be  supported,  fiiiling  all  at 
once,  the  whole  fiibric  fell  together,  almost 
without  a  struggle;  and  it  was  obvious  to 
every  one,  that  the  meeting  of  the  stalcs-gc- 
ncral,  in  llie  year  1739,  must  produce  a  total 
change  in  the  government  of  the  country  for 
tilts  plain  reason,  thai  the  opinions  of  a  va^l 
majority  of  the  people  were  changed,  with 
respect  to  the  propriety  of  their  existing  go- 
vernment; and  whenever  that  shall  be  ihc 
case  in  any  country,  the  government  of  that 
country  cannot  stand.  The  government  of 
Great  Britain,  on  the  contrary,  has  long  been 
the  object  of  affection.  We  are  in  tlu;  habit 
of  considering,  that  it  has  produced,  during  a 
Jong  cciurse  of  years,  great  public  good.  \Vc 
view  it  witJi  all  (is  fauR^^  with  all  its  irauer 


us  may  honestly  and  probably  do  wish,  to  pit 
tt  as  much  ot  perfecttoti  as  we  can;  mi 
though  we  are  sorry  to  see  many  nS  ik 
abuses  which  prevail  in  it^  yet  wc  view  it  witl 
a  great  degree  of  at  lac  tun  en  t,  atidofrrTerenet 
We  may  be  told,  perhaps,  gentlcq|eo,iBA 
90  we  have  been  toLd  by  writt-rs  upoQ  tte 
subject,  that  all  this  is  prejuctice— pr^'jdietf 
Gentlemen  1  What  arc  the  oplojoiis  thitu 
form  upon  the  greatest  numoer  of  ^fh»rti^ 
but  such  as  may   be  deemed   j  it 

the  mind  of  any  reian  capable  or  m 

all  its  extent,  upon  every  t' 
before  its  view.    We  are  ol 
to  take  a  great  deal  from   tnc 
others ;  and  that  alone  makes  i 
difference  between   men   of    ^ 
men  of  no  education.     For 
great  degree,  the  ins^tilling  n  ._ 
uf  view,  may  be  considered  as  i 
the  minds  of  men.     Il    is  givu 
benefit  of  the  opinions   of  other-,    i     .   : 
them,  in  earlv  life,  to  rest  saliHtMji  vtu 
deductions  which  have  brought  The  nai>J*a( 
other  men  to  certain  points  ;  to  take  tliciiia> 
data,  as  principles,  upon  which  they  v^P^ 
ceed  to  rcas^on,  and  to  act^  In  tbeir  lUtBrtu^ 
Men  of  great  leisure,  who  have  the^ffMl* 
nity  of  contemplating  subjects  wtlh  mmw^ 
nulencs«f,  who  are  not  engaged  tn  bcniiiBi 
which  any  way  distracts  their  attention,  mq 
speculate  upon  various    ^nl»u-r»w    urtitcli  tb 
generality/ of  men,  in  t" 
possibly  find  leisure  lo  < 
their  situation  in  Life  may  be.     And  a  |^ 
majority  of  the  people  in   every   couotr;,  lii 
the  nature  of  its  government  l^  what  it  mf, 
must  necessarily  be  so  much  einployBdinot 
tatning  the  ordinary  comforts  of  hh,  dot  i 
IS  impossible  for  them  to  employ  their  mio^ 
upon  many  subjects,   with  any  very  goodtJ' 
feci.    This  sort  of  prejudice  it  ismtiflAiK 
euces  the  minds  of  the  generality  of  the  fti^ 
pie,  with  respect  to  the  government  of  t^ 
country.^ It  possesses  their   good  opiiuoB.— 
Why  ?    Because  they   have   been  tuttM  B 
think  it  oudit  to  possess  their  good  opiM; 
because  it  nas  been  handed  down  lo  ^XB 
hy  their  forefathers;    that  it  has,  (orM^pat 
course  of  years,  produced  a  greater  portkoi^ 
happiness  to  the  people  of  the  couotiy,  llM 
has  been  generally  enjoyed  under  the  ^uftO* 
mentof  other  countries. — Why  it  has  dote 
so,  very  few  men  have  the  leisure,  ?tfy  fct 
men  have  the  ability,  to  inquire,     Fci)b|S 
no  man  is  capable  ot  viewing  il,  :       "      n* 
lent,  and  all  its  consequences  ;  e 

minute  parts  of  it,    huw    they  % 

upon  the  other,  and  how  tbe'n  ^i- 

tering  of  any  paKicular  part  ina>  v..--.,  -  ii* 
consequences,  the  whole.  But  'we  Itnow  tint 
the  result  of  the  whole,  combined,  in  priod^ 
and  practice,  is^  to  a  certain  ei^lenl,  good^id 
therefore  we  are  attached  to  ti.  Itiji 
tlemen,  is  unquestionably 
dice ;  but  it  is  that  sort  ol  | , 


/ectioas;  but  in  the  ie^\Vt|m&\u\i^/^A  ^qI\  t.\^i>3  ^w«TOrarfLXixSa»^i^isj^ttfitj^aiid 


m 


1329] 


Jbsr  High  Treaicm^ 


A.  D.  17M. 


[I8S0 


^lonc  a  govemmwii  can  be  supported— 4he 
prejudice  of  public  opinion— and  ihe  first  at* 
tempt  to  destroy  a  government  must  neccs- 
larity  be,  to  destroy  that  prejudice  of  public 
opinion  in  its  favour,  which  is  its  support- 
The  fir^t  operation  of  those  who  conspired 
the  deslraction  of  the  ancient  government  of 
France,  was  unquestionably  to  destroy  it  in 
the  public  opinioii ;  and  that  was  completely 
effected  before  the  meeting  of  the  states- ge- 
neral, in  1769.  Having  done  this,  they  l^d 
removed  every  thing  which  supported  the  go* 
venimcnt,  anij  it  necessarily  fell. 

I Gentlemen,  those  who  nave  imitated  the 

^^Mpceedings  of  the  French^  in  this  country  ; — 
^Hn  imitators,  I  call  them,  not  because  they 
r^ake  U5e  of  such  a  word  as  convention ; — 
f  imitators,  I  call  them,  not  because  they  talk 
of  organizing,  and  appoint  committees,  for 
irarious  purposes,  sucli  as  arc  made  use  of  in 
the  French  Assembly,  but  because  they  have 
proceeded  directly  upon  the  plan  which  has 
succeeded  in  France,  in  overturning  the  esta- 
bhshed  government;  they  have  proceeded 
upon  the  plan,  which  not  only  destroyed  the 
government  which  existed  previous  to  the 
year  1780,  but  which  has  also  destroyed  that 
eimstitution  establishedin  1791,  which  wasthe 
roost  popular  constitution,  in  its  form,  that 
ever  was  established  in  any  country,  with  a 
king  at  the  head,  and  indeed  more  popular 
than  any  constitution  that  ever  was  establish- 
ed in  any  country  whatever.  For  the  king  of 
the  French,  as  he  was  called,  under  that  con- 
stitution, had,  in  effect,  very  little  authority, 
except  that  most  extravagant  revenues  un* 
questionably  were  assigned  him,  and  some 
particular  prerogatives  were  given  him,  which 
probably  were  intended,  by  those  who  framed 
the  constitution,  to  enable  him  to  assume, 
a^in,  a  certain  degree  of  power,  which  they 
might  conceive  to  be  necessary  for  keeping 
the  whole  together,  and  preventing  the  mass 
from  turn  hi  tog  to  pieces. 

Gentlemen,  Mr.  Paine  was  fully  aware  of 
the  effect  of  alt  this.      He  tells  vou,  in  his 

great  affection  for  this  country,  tnat,  during 
be  American  war,  he  had  it  in  contempla* 
tion,  having  transferred  all  his  love  for  his  na- 
tive country  to  America,  and  declared  liimself 
*  citizen  of  the  wt»rld  ; — an  eipression  which 
tends  to  destroy  all  those  attachments  which 
unite  ustogether ; — a  man  wlio  ttecomes  what 
he  calls  a  citizen  of  the  world,  becomes,  in  a 
certain  degree,  an  enemy  to  his  own  country, 
acting  couirury  to  all  those  natural  attach- 
tnents  which  unite  us  to  the  society  in  which 
we  havf  hv>  '  ^  d,  and  which  have  hi- 
therto hicri  '  as  the  best  affections 
of  ni.io,  ai, .  ...MLM  ihe  j^.  .r^.i.i...  .♦  tk^^^ 
tuen  hiid  directly  to  destrf' 

\iC  h.\fl  (  IJIU  (  iviul  tlir   'n]rA 


lUj^ht  would  imvu   fijiil   tilt'  * 
ning  the    government    of    < 

i^  mentions  m  a  aotei  whidi  frlH>w* 
t 


what  was,  in  his  mind,  the  consequence  of  |> 
tacking  the  public  opinion  upon  the*  govern- 
ment of  a  country.  He  opens  llie  intixxluc- 
tion  to  the  Second  Part  of  the  Rights  of  Man, 
with  observing,  that,  what  Archimedes  said 
of  the  mechanical  powers  may  be  applied  to 
reason  and  liberty  r  "  Had  we  a  place  to  stand 
upon,  we  mieht  raise  the  world."  He  con- 
ceived, that  trie  propagation  of  his  principlet 
was  that  standing  place,  by  means  of  which 
be  hoped  to  raise  the  world. 

Gentlemen,  you  will  observe,  that  an  iiii> 
pressionwas  made  on  the  minds  of  all  these 
men,  that  what  had  passed  in  France,  in  the 
course  of  the  years  1789,  1790,  and  1 79 J,  was 
a  orelude  only  to  that  which  afterwards  would 
follow,  lorn;  before  the  10th  of  Aui»ust,  1793  ; 
and  that  ifie  10th  of  August,  1792,  was  the 
glorious  victory  which  completed  liieir  tri* 
umph.    They  considered  the  world  as  in  a 
course  of  revolutions;    and,   in  the  phrase 
of  Mr.  Paine,  that  revolutions  were  the  order 
of  the  day.    The  impression  upon  the  minds 
of  these  men,  that  the  world  was  in  a  course 
of  revolutions,  and  that  revolutions  were  the 
order  of  the  day,  appears  throughout  almost 
all  their  papers*    You  will  find,  upon  cxami-* 
nation,  that  they  considered  a  revolution  as 
inevitable  ;  as  that  to  which  the  nation  must 
finally  come.  They  have  been  likewise  taught 
that  the  danger  to  which  alone  this  sort  of  | 
revolutionary   principle    was  liable    (for    « 
Paine    teaches    them),  was,    the  revolutiod 
being  attempted,  before  the  principles  upon 
whicn  revolutions  ought  to  proceed,  and  the 
advantages  to  result  from  them,  were  suflU  j 
ciently  seen  and  understood.    Therefore,  tlie  ^ 
object  of  the  works  of  Mr,  Paine,  Mr.  Barlow,  t 
and  other  publications  of  that  description,  i 
was,  to  show  to  the  people  of  this  country,  the  j 
principles  upon  which  revohilinns  ought  ta  , 
proceed,  and  the  advantages  to  result  front  \ 
them,  in  onler  that  these  being  sufficiently] 
seen  and  understood,  the  rest  might  follow.     { 
Gentlemen,  for  this  purpose  a  varie^  off  I 
pamphlets  have  been  published,  which  na¥A  j 
been  observed  upon  to  you.      These  pam« 
phlets  have  clearly  and  unquestionably  fofi 
their  object,  jjj  il*  ^^troy  the  opinion  which  the^ 
people  gf  I  c  of  the  excellence  of  thi^«| 

British  co:  i^  in  all  its  parts,  t)Ut  mo 

especially  in  those  two  parts  which  \h%i 
counsel  for  the  prisoner  have  said,  it  was  thsl 
object  of  the  prisoner  to  retain.  For  the*** 
Hooks  consider  a  House  of  Commons  as 
thing  toh'rable  only   in  '     i1 

House  of  Lords ;    and  n 
sidcr  as  utterly  clr  ' 

That  there  »i^  som«  1 1 

II... ►^^^  ..fCommoui?,  ......  t^■^ -,  —  ' —  "iQ 

111  II    If  ilif  !x  r-win*,  who  were  eir^ 
to  destroy  I 

V  rnffnroTir  1 


d€cUit  that  110  conkUUiU-^u  t^s^^^V.    Xv« 


Hy  ought  to  be,  slmll 
[  attentive  and  favourable  hearers ; 
^ibr  they  know  tlie  manitold  defects  to  which 
every  kmd  of  regimen  is  subject ;  but  the  se- 
crtftWs  and  ditBculties,  whtpb,  in  atl  public 
procgedings^  gre  ionumerable  and  inevitable, 
ihty  haves  not  ordinarUy  thejudgnu^nt  to  con- 
aider/' — In  this  vie%  all  these  pamphlets 
were  written  ;  holding  out,  lo  the  mosE  glar^ 
uig  o) lours,  every  thing  that  was  an  abuse  ; 
Q£vi:r  onc-e  tcliing  the  people  that  they  oii^ht 
W.^onajder  what  were  the  secret  let&  anddiffi^ 
cullies,  whichp  m  all  public  proceedings,  are 
innumerable  and  iiievi table,  and  which,  there- 
f9r%  ought  to  make  all  persons  extremely 
cautious  with  respect  even  to  the  abuses  of 
government,  because,  without  very  minutely 
attending  to  it,  they  may  nut  be  aware  af 
(bofle  secret  letf  and  difficulties  which  occa^ 
ftioned  those  very  abuses,  and  winch,  perhaps 
are  absolutely  inevitable,  from  the  nature  of 
things ;  from  the  constitutions  of  men  ^  their 
habits,  prejudices,  pa&sions,  and  a  variety  of 
other  circumstances;  all  uf  which  must  be 
considered,  when  people  consider,  not  only 
the  constitution  of  the  government,  but  the 
administration  of  that  government. 

But,  for  the  purpose  of  a  sy»tematic  attack 
upon  the  government  of  the  country,  it  was 
necessary  that  there  should  be  some  leader, 
some  head,  to  direct  the  whole. — Gentlemen, 
wb^t  has  been  the  wonderful  effect  of  the  so- 
i:ieties  which  have  been  estabhshed  in  France; 
I  mean  the  Jacobin  club,  with  its  forty-four 
thousand  afliliated  popular  societies,  which, 
for  a  great  length  of  time,  really  governed 
France,  and  kept  it  in  continual  agitation  ?^- 
The  persons  who  were  employed  in  this  coun- 
try, seem  lo  me  to  have  conceived  the  idea  of 


them&elve^  In  such  a  m 
find«  almost  all  the  orifli 
club  deserted  it ;  and  at  la 
collect  from  the  proceedJingi 
which  were  read  Xo  you^  abo 
venleen   persons,   appear  to 
whole  of  the  members  who  r«s 
frequently  only  five,  ^ix^  or 
sent ;  and  the  business  vraa 
with  a  great  degree    of  ioat 
were  seldom  more  iha6  aiile 
present ;  and  if  we  advert  to 
sent   upon  the    imftortani 
shall  6nd  that  a  very  few  icmI 
directed  that  club. — One  coi 
waa  Mr.  Home  Tooke. 

Vou  will  ea&ily  perceive  ib 
as  this,  was  not  that  sort  < 
cnuld  be  made  to  opemle  »s  . 
because  a  society  of  thia  d«sc 
an  open  society,  it  cpiUd  not, 
of  it^  '       itiule  m 

Bui  ,  ,.  char 

long  bad  in  the  c<mutry ;  for  I 
ncr<il  did  not  know  thint  tbeir 
members  had  decUncid  atteodi 
— Mr,  Sheridan  said,  I  tblnk, 
attended  at  the  society  for  eie 
-—As  that,  however,  was  a  Q 
rally  known  to  the  world,  Um 
the  (Constitutional Society,  aig 
cretary,  had  witii  the  world  lb 
of  the  names  pf  all  those  p^i 
been  members  of  the  societ  ~ 
sary  to  keep  up  the  characL 
of  this  society,  but  at  ikm  i 
another  societv.  which 


tfiietjJ 
ractM 


lass] 


far  High  iVetuon. 


A.  D.  1794. 


[1SS4 


this  London  Corresponding  Society  was  adnii-* 
rably  calculated  tor  the  cftect  whicli  it  was  in- 
tended to  Iiave.  Its  name  imports  that  the 
object  of  it  was,  to  correspond  with  all  other 
societies  of  the  like  description ;  and  an  im- 
portant ohjectof  this  society  was,  to  miite,  liy 
means  of  Uiat  correspondence,  all  the  country 
societies  wiUi  this  society  in  Ixindon,  and 
with  the  Society  for  Constitutional  Informa- 
tion ;  so  that  they  mizht  move  in  one  bond 
of  union,  in  tlie  manner  recommended  by  that 
letter  which  I  liavc  mentioned  to  you. 

This  society  was  extremely  popular  in  its 
constitution.  Any  body  might  be  admitted  a 
member  of  it,  of  any  description.  The  sums 
collected  from  the  members  were  very  small. 
They  were  formed  into  divisions ;  and  when 
the  members  amounted  to  a  certain  number, 
they  were  to  be  divided  again,  for  tlic  purpose 
of  diA'u  sing  their  meetings  more  generally  over 
the  whole  town. — ^They  were  to  have  from 
each  division  a  dele^te ;  the  delegates 
formed  a  committee  ot  delegates;  and  that 
committee  of  delegates  was  to  be  guided  by 
the  committee  of  correspondence;  for,  as 
their  business  was  principally  correspondence 
the  Committee  of  (;orres{>ondence  necessarily 
had  the  management  of  almost  every  thing ; 
and  that  committee  of  correspondence  finaily 
became  the  Committee  of  Secrecy,  which  I 
before  observed  upon. 

This  society  have,  in  three  publications 
which  they  have  given  to  the  world,  and 
which  the  gentlemen  on  the  other  side  have 
not  in  any  degree  observed  upon,  declared 
tiieir  principles  and  objects,  so  far  as  tliey 
thought  it  proper  and  safe  to  declare  them. 
You  will  recollect  the  manner  in  which  they 
expressed  themselves  in  the  answer  to  ttic 
Norwich  letter ;  and  I  must  beg  you  will  al- 
ways have  in  view  the  answer  to  that  Nor- 
wich letter.  It  is  a  key  to  all  their  language. 
It  directs  the  Norwich  Societies  to  leave  mon- 
archy and  democracy,  and  all  disputes  upon 
that  subject  alone ;  hut  to  hiok  forward  to  one 
distinct  object — the  obtaining  a  full  and  cqtial 
representdtion  of  the  iieople  in  parliament, 
leaving  to  a  parliament  so  chosen,  to  carry  intr) 
exeaition  the  rest  of  their  views,  if  they  shoulfl 
not  be  able  immediately  to  carry  them  into 
execution.  Their  intention^  therefore,  was,  to 
keep  as  much  as  possible  out  of  their  publica- 
tions, any  thing  about  monarchy  or  demo- 
cracy ;  but,  at  the  same  time,  to  express  them- 
selves in  such  a  manner  as  should  ronvoy 
completely,  to  those  who  chose  to  underMnml 
them,  all  that  they  meant. 

The  first  address  of  the  London  Corn'spon- 
ding  Sorieiy  was  dated  the  '2nd  of  Ai»nl,  1792, 
but  which  the  evidence  has  clearly  sluuvn  you, 
was  concerted  between  the  prisoner  and  ^omc 
other  |Hrsrms,  at  a  much  earlier  period.  It 
begins  thus — "  Assured  that  man,  individual 
man,  may  juf  tly  claim  lil>erty  as  his  birthright 
we  naturally  conclude,  that,  as  a  member  of 
society,  it  becomes  his  indispensable  duty  to 
preserve  inviolate  that  liberty,  for  the  benefit 

VOL.  XXIV, 


of  his  fellow  citizens,  and  of  his  and  their  pos- 
terity.— For,  as  in  associating  he  gave  up  cer- 
tain of  his  rights  in  onlcr  to  secure  the  pos- 
session of  the  remainder,  ur.d;  voluntarily 
yielded  up  only  :is  much  aS  was  nere»iS!iry  for 
the  general  jtoikI,  so  he  may  not  harltr  away 
the  libcrricb  of  his  jiosterity,  nor  desert  Ihft 
common  cause,  by  tamely  and  hupinely  suffer* 
ingto  be  purloined  from  the  people,  ot  whom 
he  makes  a  part,  their  nnturul  and  unalienable 
righti  ofrcmtancc  to  oppression,  and  of  sharing 
in  the  government  of  their  country  ;  without 
the  full  and  uninterrupted  exercise  of  which 
rights,  no  man  can,  with  truth,  call  himself  or 
hiscountrv  free." 

You  wifl  recollect,  that,  throughout  every 
one  of  their  papers,  they  have  uniformly  de- 
clared, that  they  considered  the  existing  go- 
vernment of  this  country  as  an  usurpation, 
and  a5}ui  oppression. — When,  therefore,  they 
declare  their  right  of  resistance  to  oppression, 
they  dechire  their  right  of  resistance  to  the 
existing  covenunent,  which  they  have  de- 
clared to  he  an  oppression ;  and  all  their  pro- 
ceedings are  in  direct  conformity  to  that  de* 
claration.  For  the  proceedings  of  the  Scotch 
convention,  and  the  resolutions  of  the  twen- 
tieth of  January,  1794,  at  the  Globe-tavern, 
go  upon  this  principle— the  natural  and  unt 
alienable  right  of  resistance  to  oppression— 
So  that  they  have  only  to  call  any  act  on  the 
part  of  government  oppression,  and  then,  de- 
claring their  natural  and  unalienable  right  of 
resistance  to  oppression,  they  declare  their 
unalienable  right  to  resist  that  particular  act. 
— ^I'hey  also  declare  their  unalienable  right 
of  sharing  in  the  gacernment  of  their  country 
— making  use  of  the  word  government^  as 
will  be  tbuml  in  all  their  publications,  instead 
of  the  expression  in  the  duke  of  Richmond's 
letter — "  sharing  in  the  choice  of  those  per- 
sons who  are  to  make  the  laws  by  which  ttiey 
arc  to  be  governed." — The  change  is  ex- 
tremely remarkable,  and  is,  in  fact,  a  key  to 
the  whole. 

Then  they  resolve  expressly,  "  That  every 
individual  has  a  riglit  to  »>hare  in  the  govcnv 
mcnt  of  that  Hoticiy  of  which  he  is  a  mem- 
ber."— And  their  fourth  rr^<»lution  i?,  **  That 
the  ]>e*iplc  of  ( Jrcnt  IJritain  are  not  crli^rFnally 
represented  in  parliament,*'  not  contining 
their  rC"*ohition  to  the  JImi-jp  «if  Conunons  ; 
an«i  though  cf?rtainly  it  i'  .ifablr  of  ilml  con- 
««tniclinii,  yet  that  i«»  not  llu^  natural  ronstrur- 

tion  of  the  words. Tlirir  seventh  risi.lii- 

lion  is — "  Thill  a  fair,  equal,  and  impartial 
rrprn«ent:ition  can  n''vcr  lake  pKue  lill  all 
partial  privilr£;cs  arc  ahiilishi'd :"  —  which 
^ri-nis  a  clear  clfclarali»»:i  uf  ilnir  m«';nnn^. — 
Ffir  ihrir  tir*it  resolution  i*-,  "  Tli.-.t  rvrry  indi- 
vidiiril  has  a  right  to  >li:!ri.'  in  the  yortinmint 
of  that  "oiirty  of  which  l«»*  i**  .i  member,  uti- 
IciS  incupurit.itccl ; "  wliuh  share  in  tlio 
governmont  the  y  could  p.ut  ]  ossibly  have, 
unless  they  \i:u\  a  vuicr  at  Ictsl  in  llic  elec- 
tion of  the  persons  who  are  to  administer 
that  goTcrnxncnt.  —  Tl\cv  <o>\\>\\^  \ctf5s»*. 

4  K 


12S7] 


for  High  Treason. 


be  administered;  tliat  every  person  has  a 
right  to  exercise  these  rights,  that  no  majority, 
however  great,  can  justly  deprive  ihe  minority 
of  any  part  of  these  rights,  and  that,  where* 
ever  it  is  attempted,  the  social  bond  is  broken, 
and  the  minority  have  a  right  to  resist." 

I  do  not  wonder  that  my  learned  friends 
did  not  make  any  observation  upon  this  pa- 
per— It  is  impossible  to  make  any  effectual 
observation  upon  it,  for  the  beneiSt  of  the 
prisoner,  because  the  meaning  is  clear  and 
plain,  beyond  the  possibility  of  doubt.  Here 
arc  persons  declaring  a  principle  so  wild,  that 
if  it  were  to  prevail,  it  would  be  impossible 
for  any  government  to  exist — ^It  has  generally 
been  conceived,  that  it  is  a  very  strong  thing 
to  say  that  the  majority  have  a  right  to  alter 
the  constitution  of  a  government,  at  least 
without  very  strong  necessity  for  it.  A  num- 
ber of  people  are  assembled  in  a  country, 
whose  whole  habits,  and  connexions,  lead 
them  to  wish  to  remain  in  that  country,  and 
they  are  assembled  upon  certain  terms  of  as- 
sociation, which  forms  their  constitution. 
Every  individual  has  a  sort  of  sacred  right  to 
the  observance  of  the  terms  of  that  associa- 
tion; a  right,  at  least  as  sacred  as  his  right 
to  the  pro^rty  which  he  possesses. — If  it  oe 
his  wish  to  continue  to  live  under  that  con- 
stitution, it  is  injuring  him  as  materially  and 
18  essentially  to  take  away  that  constitution 
of  government,  as  to  take  away  his  propertv. 
Undoubtedly  cases  of  necessity  may  arise,  in 
vhich  that  right  must  [be  invaded,  as  rights 
of  property,  and  every  other  right  must  be 
invaded,  in  cases  of  necessity — even  the  right 
which  every  man  has  to  his  own  life — ^you 
must  remember  the  case  which  is  commonly 
put,  of  two  men  being  upon  a  plank  in  the 
aea,  and  the  plank  proves  capable  of  support- 
ing only  one  of  them.  It  is  said,  that  the 
stronger  would  be  justified  perhaps  in  the 
— i*-*  I  confess,  gentlemen,  I  was  overcome 
with  the  dreadful  alternative  to  which  that 
man  roust  be  reduced— It  is  commonly  ob- 
served, that  it  would  be  justifiable  for  the 
stronger,  in  that  situation,  to  push  the  weaker 
from  the  plank,  for  his  own  preservation. 

But,  gentlemen,  if  we  feel  so  much  when  a 
man  b  reduced  to  such  a  dreadful  situation, 
and  feel  that  nothing  but  absolute  necessity 
can  justify  the  act  which  he  does — what  can 
justify  men,  who  without  a  very  strong  neces- 
sity, shall  attempt  to  disturb  the  established 
SDvemment  of  any  countrv,  in  which  any 
large  proportion  of  the  innabitants  wish  to 
retain  tlio  government  so  established  ?— but 
what  shall  we  say  to  men  who  carry  the  prin- 
ciple to  this  length-*not  content  with  aeny* 
ing  that  even  a  larse  majority  of  the  country 
ought  not  to  alter  tno  established  government 
of  ity  against  the  consent  of  the  minority, 
without  extreme  necessity  —  but  asserting 
that  no  majority,  however  great,  can  justly 

^  Here  Mr.  Solicitor  General  was  ioter- 
ni|»ted  by  a  flow  of  tears. 


A.  D.  1794.  [J2S8 

deprive  the  minority,  of  any  part  of  their  civil 
fights;  that  whenever  it  is  attempted,  the 
social  bond  is  broken,  and  the  minority  have 
a  right  to  resist ;  and  assuming  at  the  same 
time,  as  one  of  those  civil  rijghts,  the  right  of 
equalit}r  of  voice  in  the  makmg  of  laws,  and  in 
the  choice  of  persons  by  whom  those  laws  are 
to  be  administered  ? 

Is  not  this  a  declaration,  clear  and  plain, 
that  they  conceive  they  have  an  unquestion- 
able right  to  resist  any  government  which  is 
not  a  republican  government,  founded  upon 
their  principles  of  universal  representation ; 
and  that  any  other  government  is  so  unlawful 
that  they  are  not  only  not  bound  to  give  it 
support,  but  that  thcv  have  a  right  to  resist 
it  to  the  utmost  of  their  power,  and  in  any 
manner  in  which. they  think  fit  to  resist  it  ? 
this  is  a  principle  which  teaches  rebellion 
against  every  sovemment  not  founded  upon 
their  plan,  ancfyet  I  am  told  that  men  who 
hold  such  principles,  wlio  come  to  solemn  re- 
solutions upon  them,  are  men  who  have  a 
perfect  reverence  for  the  monarchy  of  this 
country,  for  the  hereditary  peerage,  for  every 
part  of  the  government  of  the  country,  ex- 
cept the  corrupt  representation  in  the  House 
of  Commons. 

Gentlemen,  the  address  of  this  society  of 
the  6th  of  August,  17 OS,  proceeds  exactly 
upon  the  same  principles;  and  when  yoa 
consider  these  adaresses  and  resolutions  in  the 
report  of  the  committee  of  constitution,  I 
think  you  cannot  have  a  doubt  in  your  own 
minds  that  every  thing  which  tends  the  other 
way  in  any  part  of  their  publications,  is  what 
the  attorney-general  represented  it  to  be,  a 
mere  veil  to  cover  their  designs ;  but  so  thin, 
so'  thread-bare,  and  so  tattered,  that  the  na- 
ked limb  is  starting  out  every  moment.  This 
address  of  the  6tn  of  August  1799,  begins 
with  those  lines  from  Thomson  which  my 
learned  friend  read  so  well.  Who  will  dis- 
pute any  one  principle  which  it  contains? 
and  yet,  if  passages  are  to  be  taken  from 
books,  and  appliedto  such  purposes,  the  best 
books  may  be  perverted  to  the  worst  of  pur- 
poses. No  book  has  been  more  perverted  to 
Dad  purposes  than  the  bible. 

This  address  of  the  Corresponding  Society 
to  the  inhabitants  of  Great  Britain,  on  the 
subject  of  a  parliamentary  reform,  begins 
thus — "  Uninfluenced  by  party  pique,  or  sel- 
fish motives,  no  ways  afrrighted  at  the  firowns 
of  power — noi  in  the  least  awed  by  the  evidently 
hostile  preparations  of  a  much  alarmed  arista^ 
cracy." — Here  conveying,  for  the  first  tim< 


that  idea  which  you  afterwards  see  develop 
I  with  so  much  success,  and  which  was  to  end 
I  in  arming  their  own  party— you  will  observe 
the  idea  is  here  completely  developed — "  not 
in  the  least  aued  by  the  hostile  preparations  of 
a  much  alarmed  aristocracy — we,  the  London 
Corresponding  Society,  united  with  a  view  of 
obtaimnga  thorough  parliamentary  reform; 
anxiously  demand  your  serious  am^iBiMX^xX* 
lected  atteu\umv>A>^«Y(«wnsX  ^>3w^ia^  *»»^ 


1211] 


for  High  Treason. 


A.  D.  1794. 


[4242 


who  y/'iah  fer  a  full  and  equal  representation 
of  the  people,  and  leave  to  a  parliament  soeho- 
se*j  to  form  plans  for  remedying  the  existing 
ahuses/*  The  letter,  thereiore,  to  the  Nor* 
wich  Society,  commenting  on  this  Address, 
shows  you  what  tl^y  meant.  It  shows  you, 
that  tliey  meant,  in  their  words^  to  leave  Mo- 
narchy and  Democracy  alone;  but  to  hold 
out  that  whicli  Uiey  thought,  under  the  cover 
of  language,  tliey  might  safely  hold  out ;  and, 
at  the  same  time,  keeping  clearly  in  view  the 
destruclion  of  Monarchy,  and  the  estaUishr 
ment  of  Democracy,  of  which  you  cannot  pos- 
sibly have  a  shadow  of  doubt,  when  you  con- 
sider the  terms  of  that  letter,  the  terms  of 
this  address, and  the particularpassages  which 
I  have  read  from  the  report  of  the  committee 
of  constitution. 

Gentlemen,  there  are  two  things  contained 
in  Uiis  address,  which  struck  me  in  a  v«ry  ex- 
traordinary manner.  One  is,  the  description 
of  what  they  conceived  such  a  parliament 
(an  electtd  parliament)  as  tliey  describe, 
would  do.  When  assembled.  They  say,  that 
such  a  parliament,  **  Finding  that  a  mosit  ex- 
tmordiuiiry  waste  of  public  money  had  taken 
place  under  the  different  preteiK:es  of  places, 
pensions,  contracts,  armaments,  subsidies,  se- 
cret service  money,  Ike.  our  honest  and  an- 
nual )>arliament  would,  after  narrowly  scruti- 
nizing the  same,  retrench  every  sum  need- 
lessly or  wickedly  laid  out/'  You  will  ob- 
serve, thisi  passage  refers  to  a  waste  of  public 
money,  which  had  taken  place,  and  says,  this 
elected  parliament  would  retrench  every  sum 
needlessly  or  wickedly  laid  out — not  that  it 
would  prevent,  in  future,  improper  expenses. 
Gentlemen,  I  leave  to  you  to  make  the  com- 
ment upon  that  passage. 

The  other  passage  which  particularly  struck 
me,  is  alM  a  passage  which  speaks  for  itself, 
and  which  I  take  to  be  exactly  of  the  same 
description  as  that  which  I  last  mentioned. — 
*'  The  people's  parliament  finding,  that,  under 
^'ariouji  pretciict.'**,  grants  of  common  land  had 
been  obtained  t»y  sundry  persons,  no  ways  to 
the  benefit  of  the  communitv,  but  very  much 
to  the  distress  oi  the  poor,  the  same  would  be 
soon  rtstorcd  to  the  public,  and  tlie  robbed  pea- 
sant again  rnabled  annually  to  supply  his  dis- 
tressed family  with  an  increased  quantity  of 
bread,  out  ot  xhv.  profit  arising  from  the  liber- 
tv  regaincd,of  !;Mzing  a  cow,  two  or  three 
fihecp,  or  a  brood  of  gecM;  thereon." 

What  can  that  possibly  mean,  but  that  all 
thobc  commons,  which,  imder  the  general 
consi'ntof  persons  iiitcr€ste<l,  under  the  autho- 
rity of  a<ts  of  parliament,  or  in  any  other 
niunixir,  have  been  eiKloscd,  improved,  and 
divuird,  should,  under  pretence  of  restoriitg 
the  riiitit^  of  the  poor,  be  taken  from  the  pre- 
sent pitiprit  tor«,  and  divided  amongst  those 
poor,  <i>r  ilio  puriH)s<*  of  engaging  them  in  the 
parly  ?  I  ti  I  l>c  |)t)ssiblc  to  give  any  other  con- 
struction to  that  paragraph,  I  wish  you  to  do 
it ;  but  my  mind  is  incapable  of  giviDg  it  any 
oilier  conamction,  and  I  think  there  cannot 


be  an  idea  more  destructive  to  private  pro- 
perty.   For  under    the  same  pretence,  the 
whole  property  in  land  of  every  person  in  the 
country,  might  be  destroyed.    I  cannot  form 
a  calculation  of  the  immense  quantity  of  land, 
which,  within  even  the  last  twenty  years,  was 
common  land,  and  is  now  become  <>cparatc 
and  enclosed,  upon  the  faith  of  which  inclo- 
Bures,  persons  nave  laid  out  large  sums  of 
money  in  improvements  and  building*^;  and, 
generally  speaking,  those  who  had  rights  of 
common,  had  their  rightscompensated  m  some 
way  or  o^er.    Whatever  injustice  may  liave 
been,  in  particular  instances  (supposing  any 
such  to  have  been),  if  once  an  attempt  is  m»dle 
to  unsettle  rights  gained  in  such  a  manner, 
and  so  established,  all  right  of  property  is  ne- 
cessarily in  danger.    If  you  once  attack  the 
principles  on  wTiich  rights  of  property  havr 
been  established,  you  must  go  on  till  you  will 
destroy  all  right  of  property,  and  do  exactly 
what  has  been  done  in  France.    For  there, 
under  the  pretence  of  the  rights  of  the  public, 
an  immense  quantity  of  property,  which  had 
been  granted,  from  a  vast  distance  of  time,  by 
the  crown,  to  individuals — as  half  the  estates 
in  this  country  are,  perhaps,  held  under  grants 
from  the  crown,  although,   perhaps,   those 
mnts  cannot  be  actually  traced— -was  taken 
from  the  possessore,  and  given  to  the  public. 
The  first  French  National  Assembly,   that 
Constituting  Assembly  which  acted  in  many 
cases  very  properly,  was  guilty  of  the  cross 
injustice  of  taking  into  the  hands  of  the  public, 
large  quantities  of  land,  from  great  numbers 
of  persons,  which  had  bneen  purchased  and  ac- 
quired in  various  ways,  because  they  said,  the 
lands  had  been  originally  improperly  granted. 
— Here  the  expression  is,  "  improper  grants  nf 
land**  which  may  easily  be  applied  to  lands 
formerly  granted*  by  the  crown,  and  indeed  to 
the  title  of  every  person's  estate.    This  lure 
is  held  out,  unquestionably,  for  the  purpose 
of  gaining  the  poorer  sort  Of  people. 

'i'hese  arc  two  striking  passages  in  this  ad- 
dress.— One  referring  to  a  subject,  upon  which 
I  make  no  comment,  but  leave  it  to  you  to 
make  a  comment. — Upon  the  other  1  have 
ventured  to  make  a  comment. — It  seems  to 
me,  that,  by  it,  the  title  to  all  property  is  put 
in  hazard,  and  I  will  call  to  your  attentkm  a 
part  of  the  evidence  which  appUes  particularly 
to  the  subject.  I  allude  to  that  part  of  Ly- 
nam*s  evidence,  with  respect  to  the  divisions 
in  Spitalfields.  1  only  wish  you  to  bear  that 
in  mind  now, — I  mean  particularly  to  notice 
it  hereafter, — to  bear  in  mind  the  relation 
which  that  evidence  has  to  this  passage.  You 
will  recollect,  the  Spitalfields  divisions  were 
considered  as  likely  to  produce  as  many  mem» 
bers  as  all  the  then  existing  members  of  the 
society,  and  they  were  to  be  supported  by  as- 
sistance from  the  other  divisions,  because 
they  were  considered  as  persons  of  that  de» 
scription  to  whom  the  small  subscriptHMis 
that  were  to  be  niade|  of  a  peno^  i»  ^wl 
other  nMnVwafA  iQbaBk«»aR\i^  ^[O^V 


\ 


184SJ        35  GEORGE  III. 

convenient;  and  then  judge,  whether  that 
which  I  have  suggested,  was  uot  a  part  of  the 
g^cral  plan. 

Gentlemen,  you  will  also  recollect,  that,  if 
what  Lynam  slated  upon  that  subject  is  un- 
true, there  could  have  been  no  difficulty  what- 
ever in  contradicting  him;  and,  therefore, 
whatever  reflections  may  be  thrown  upon 
him,  or  upon  spies,  or  any  other  persons,  vou 
must  believe  that  to  be  true;  because,  when 
a  person  is  accused  of  having  concurred  in  a 
transaction,  by  evidence,  which  is  capable  of 
being  contradicted  by  a  great  number  of  per- 
sons, and  not  one  of  them  is  called  to  contra- 
dict that  evidence,  you  must  give  credit  ne- 
cessarily to  the  accusation ;  and  its  not  being 
contradicted,  when  it  might  be  so  easily  con- 
tradicted, if  false,  gives  it  a  confirmation  be- 
jond  all  doubt. 

This  address  states,  that,  "  Numerous  other 
reforms  would  undoubtedly  take  place,  even 
in  the  first  session  of  a  parliament,  to  elected, 
dependent  only  on  their  efectortf  the  people,  un- 
tom  therefore  by  faction,  undivided  by  party, 
umcorrupted  by  ministry,  and  uninfluenced  but 
by  the  public  good.'*— A  passage  which,  as  I 
before  observed,  is  utterly  inconsistent  with 
the  existence  of  a  House  of  Peers ;  referring 
to  a  parliament,  which  is  described  as  wholly 
elected  in  the  manner  mentioned  in  this  paper, 
and  as  dependent  only  on  their  electors,  the 
people,  the  very  object  of  the  House  of  Peers 
being  to  have  a  middle  body  in  the  constitu- 
tion of  the  government,  which  should  not  be 
80  elected,  but  beine  of  a  different  descrip- 
tion, should  form  a  barrier  between  each  of 
the  two  other  powers,  the  King  and  the  Com- 
mons, and  keep  the  balance  even  between 
both,  as  one  or  other  maj^  preponderate. 

It  is  a  remarkable  thing  in  the  history  of 
the  constitution  of  this  country,  that  the  time 


Trial  qf  Thomas  Hardy  [1344 

Gentlemen,  I  have  now,  at  a  length  to 
which  I  certainly  did  not  intend  to  go,  am- 
mented  upon  the  establishment  of  the  LondGo 
Corresponding  Society,  upon  its  addresses, 
and  upon  its  constitution  ;  and  it  seeins  te 
me,  that  this  alone  would  be  very  «u£cieDt 
to  show,  that  the  object  and  the  ioteousc, 
that  ikifi formed  resolution  (lor  I  think  we  dd 
it  injustice  when  we  call  it  intention,  k 
opimon,  or  conception),  that  the  J'arnud  ray 
iution  of  these  societies,  that  is,  of  the  leadoe 
members  of  them,  was,  to  establish,  in  this 
country,  a  democratical  form  of  goverameG:; 
a  form  of  government  more  democraticii  ilua 
that  which  ever  existed  in  any  other  cgot:; 
— unless  we  conceive  that  it  exists  doc  a 
France — utterly  incompatible  with,  and  ibob 
fore  necessarily  destroying,  the  nionarcbioi 
part  of  our  government ;  and  therefore,  ihok 
a  clear  demonstration  of  a  conspincr  to 
depose  the  king;  and  any  act,  taken  inputs 
I  suance  of  that  conspiracy,  is  unquestioDibtT 
an  act  of  high  treason. 

Gentlemen,  in  the  course  of  these  tnosK- 

tions.  there  was  one  very  artful  procec^; 

which  was,  I  believe,  observed  upon bjr toe 

'  attorney-e^eneral.    The   society  for  CoEstliii' 

]  tional  Information  met  every   Friday*,  ^ 

.'  delegates  of  the  Corresponding  Soctetjod 

!  every  Thursday.    The   advantage  was,  tu 

Society  for  Constitutional  Information  ne 

to  hold  themselves  up  as  persons  of  resj^ 

:  able  situations ;   all  violent   resolutions  vn 

I  therefore  to  begin,  either  in  tlie  countiy  »■ 

cieties,  or  in  Scotland,  or  they  were  to  bqpi 

in  the  London  Corresponding  Society.— lb 

committee  of  delegates  of  the  London  Oi' 

]  responding  Society,  came  to  resolutiom « 

!  the  Thursday,  which,   on  the   Friday,  tiff 

generally  communicated  to   the  Soci^  u 

Constitutional    Information.      And   here  ii 


1245] 


jfor  High  Tretuon. 


A.  D.  I79i. 


[1916 


Patriot ;  and  there,  speaking  of  the  establuh*  i 
menl  of  several  societies,  it  says—"  We  beg  ' 
leave  also  to  throw  in  our  mite  of  commenda- 
tion, of  the  laudable  spirit  which  you  have 
evinced  in  your  intention  to  address  the 
National  Convention  of  France,  and  hope 
sincerely,  that  your  example  will  be  followed 
by  all  the  societies  in  the  two  kingdoms; 
Ireland  having  already  set  the  examples- 
then  it  says  *'  we  hope  your  society  will  also 
give  them"  (a  particular  society,  which  is 
named,  the  Stockport  Society)"  your  sanction, 
'advice,  and  support;  as  it  will  be  in  vain  for 
the  friends  ox  reform,  to  conteud  with  the 
tremendous  host  of  enemies  they  have  to 
encounter,"— -clearly  showing,  that  they  con- 
sidered that  a  very  large  proportion  indeed 
(and  some  of  the  other  letters  expressly  stat- 
ing, that  a  vast  majority)  of  the  people,  were 
against  them.  It  goes  on — ^"  We  clearly 
foresee,  that  Scotland  will  soon  lake  the  lead 
of  this  country" — (I  wish  you,  gentlemen,  to 
observe  this)  "  and  conceive  it  will  be  neces- 
sary to  take  the  greatest  care,  that  an  uni- 
versal communication  should  be  constantly 
kept  up,  between  the  several  societies,  how- 
ever distant,  and  that  all  should  determine  to 
act  upon  the  same  principle,  and  move  to- 
gether, as  near  as  maybe  in  regular  and 
active  unison.  *Twa9  by  this  method^  France 
became  to  thoroughly  united,  and  we  ought 
never  to  lote  sight  of  it,** 

Now,  can  any  government  subsist,  which 
bas  within  its  bosom  a  number  of  societies 
acting  as  a  corporate  body  upon  those  princi- 
ples? What,  gentlemen,  is  a  government, 
and  a  state,  but  a  corporation  f— -It  is  a  num- 
ber of  men,  assembled  by  certain  constitutions 
of  union,  by  which  those  who  are  of  them- 
selves individuals,  are  enabled  to  act  as  one 
body.  When  therefore  a  society  is  established, 
and  that  society  puts  itself  under  particular 
regulations,  that  society,  to  a  certain  extent, 
though  not  bound  in  the  same  manner  as  a 
corporation  created  by  the  lawful  government, 
is  in  effect  a  corporation ;  and  when  a  number 
of  societies  unite  themselves  in  the  manner 
here  proposed,  they  are  a  union  of  distinct 
corporations.  Corporations  created  by  the 
constitution  and  government  of  the  country, 
acting  under  the  aulliority  of  that  constitu- 
tion, are  subordinate  states.  The  East  India 
Company,  for  instance,  is  a  corporation,  by 
means  of  which  our  possessions  in  the  East 
Indies,  to  a  certain  dc^pree,  are  governed. 
That  is  a  corporation,  acting  in  subordination 
to  the  great  corporation  of  this  country; 
which,  lord  Coke  says,  is  composed  of  King, 
Lords,  and  Commons,  of  which  the  King  is 
the  head.  He  calls  it,  expressly,  the  great 
corporation  of  this  country.  Then  here,  upon 
the  principle  of  incorporation,  are  a  great 
number  of  societies,  united  together,  for  the 
purpose  of  moving  together  in  regular  active 
unison ;  for  the  purpobe  of  forming  themselves 
into  one  state,  which  should  act  to{;ether,  upon 
oae  principle;  a  sort  of  combiua&n  of  slates^ 


like  the  United  States  of  America^  which  stiil 
have  one  regular  constitution,  which  regulates 
the  whole  government.  A  country  may  bear  a 
corporation  or  state  within  it,  which  is  in 
avowed  subordination  to  it,  such  as  the  di£fe- 
rent  corporations  in  this  kingdom ;  because  it 
has  a  power  to  regulate  their  actions  by  the 
proceedings  of  the  courts  of  justice.  If  they 
exceed  their  power  in  any  degree,  it  odu 
them  in  question,  and  they  may,  if  they  go  to 
certain  lengths,  forfeit  the  privileges  granted 
to  them.  Such  corporations  are  completely 
within  the  power  of  the  government,  and  are 
capable  of  existing  consistently  with  the 
safety  of  it.  But  such  corporations  as  these, 
cannot  exist  in  any  government,  with  safety 
to  that  government.  It  is,  imperium  in  um- 
periOf  wnich  is  inconsistent  with  any  govern- 
ment. This  was  the  very  principle  upon 
which  the  National  Assembly  in  France,  in 
1791,  passed  a  decree  against  the  Jacobin 
clubs,  which  unfortunately  for  that  countiji 
was  never  put  in  execution. 

We  object  to  these  societies,  "  you  are 
actiug  as  a  corporation — ^you  are  taking  upon 
yourselves  the  firmness,  union,  and  manner 
of  acting,  which  belong  to  a  corporateibodj, 
which  makes  you  therefore  a  state  within  m 
state,  and  renders  the  existence  of  your  so- 
ciety, totally  incompatible  with  public  peace.*^ 

The  celebrated  speech  made  by  one  of  the 
most  distinguished  members  of  the  French 
constituent  assembly,  Mons.  D^Andre,  a  man 
of  considerable  ability,  states  this  in  so  clear 
and  plain  a  light,  that  it  must  bring  convic- 
tion to  the  mind  of  every  roan,  that  the  go- 
vernment of  a  country  cannot  exist^  if  there 
subsist  within  it,  such  a  set  of  associated  and 
affiliated  societies,  acting  as  a  corporate  body, 
in  opposition  to  that  government,  in  the 
manner  in  which  these  societies  proposed 
to  do." 

In  all  these  transactions,  the  prisoner  un- 
questionably has  borne  a  ver^  distinguished 
part ;  and  you  will  find  that  his  letters,  if  you 
take  the  trouble  of  referring  to  them,  cer- 
tainly show  his  privity  with  every  part  of  the 
transaction.  A  privity  which  must  necessa^ 
rily  also  be  interred  from  his  situation  of 
secretary,  with  every  part  of  the  transactions. 

Gentlemen,  you  recollect  a  letter  of  the 
prisoner,  to  Mr.  Vaughan,  of  the  9th  of 
April,  1793,  in  which  he  particularly  states, 
in  what  manner  he  conceived  the  minds  of 
the  people  were  to  be  acted  upon ;  the  man- 
ner in  which  they  were  to  be  allured  and  de- 
luded ;  and  advises  Mr.  Vaughan  to  collect 
some  choice  flowers  from  several  publications 
which  he  refers  to.  You  will  recollect,  also, 
that  the  gentleman  to  whom  that  letter  was 
addressed,  although  present  in  court,  has 
not  been  called  to  explain  any  of  the  transac- 
tions which  have  taken  place.  That  letter 
was  very  early  in  the  transactions  stated  to 
you,  and  shows  most  clearly,  and  plainly, 
that  the  prisoner  was  at  the  very  fbundttiioML 
and  rootof  everj  thiav- l&Jt^vk'wx^'V*^-^'' 

\ 


1M7]        35  GEORGE  in.  TridrfThma»Hardif  [ISI8 

son  who  was  deluded  and  led  away— He  was  •  send  a  deputation  to  that  meetinz.  I  have  no 
eoe  whose  whole  heart  was  in  the  cause,  aod  doubt  but  our  !»oc!cty  would,  With  pleasure, 
^•ho  was  contriving  ill  Uie  delusions  which  accept  the  invitatiuii':  and  I  axii  persuaded 
are  imputed  lu  ttie  persons  who  were  con-  it  would  du  much  ^i»o'}.  i^r  freedom,  as  tqu 
cernei  in  these  tran:<^actioos.  justly   ob'^erve,  depends  entire) v  upon  our- 

These  things  hdving  been  done,  and  the  selves,  and  upon  our  availing  oiir<^Ires  of  this 
people  having  been  by  such  means  consi>  opportunity,  which,  once  io»t,  may  ni*t  be  so 
derably  set  against  the  con>titutione<!tubli9ii-  soon  recovered.'*— And  1  observe'  upon  this, 
ed  in  the  country,  the  leaders  of  thcs'^  S'ocie-  because  I  think  it  tends  to  show,  ihit,  how. 
ties  began  to  consider  wliat  measures  they  ever  unprepared  they  might  l.^e  to  cany  the 
should  take.  There  had  been  fir  M^me  time  measures  they  bad  iii  view,  into  complete  ez« 
in  Scotland,  a  number  of  societies,  which  had  ecution,  they  had  a  strong  imprcssiiiu  upoo 
been  acting  upon  the  same  principles,  and  theirminds,  that,  if  they  lost  the  oppurtimity, 
hoidinz  a  corre<pondence  with  the  Uindon  which  to  a  certain  degree  they  conceited 
Corresponding  Society ;  and  thc?e  societies  they  then  had.  they  shoiiUi  not  be  able  to  re- 
in Scotland  had  formed  a  meeting,  called  a  cover  it  again ;  and  that  therefore  it  was  ne- 
Convention  of  Delegates,  which  harl  met  cessary,  at  all  events,  to  take  some  steps, 
early  in  the  year  I7l>3,  and  had  tlien  ad--  This  letter  of  the  .^th  of  October,  1793, 
journed,  I  think  to  November  1793.  These  having  been  written  by  Mr.  Hardy,  a  letter 
people,  when  they  originally  met,  appear  to  ;  came  from  Mr.  Skirving  to  him,  in  an  official 
have  had  exactly  the  views  which  were  •  way,  desiring  that  those  deputies  roizht  be 
stated  by  my  frieiiti  who  last  addressed  you, '  sent. — ^This  letter  is  communicated,  not  only 
as  the  views  of  the  London  Societies. — ^1  hey !  to  the  London  CorrespondiDs  Society,  but  to 
did  not  assume  to  be  a  Convention  of  the  i  the  Society  for  Constitittioiial  IntLnnation; 
People ;  they  described  themselves  as  a  meet-  j  and  in  consequence  of  that  communication, 
iug  of  delegates  of  the  different  socitlics  us^  j  both  these  societies  seal  delegates  to  this 
sociated  for  the  purpose  of  obtaining  a  fiar-  |  Scotch  Convention. — And,  gentlemen,  you 
liamentary  rtfurm— they  met— they  did  their  |  will  recollect,  that,  by  the  ^communication 
business 'they  dispersed  and  adjourned  to  I  with  Sheffield,  Norwich,  and  other  places, 
meet  again  in  November.  |  they  were  likcv.  i«;c  induced  to  send  delecates 

During  this  interval,  you  will  obsen'e  that  to  the  same  convention. 
a  very  private  and  particular  corresponrlence  •  Thc?e  are  the  innrurtions  irivcn  bv  the 
took  place.  There  is  a  letter  from  Skirving  j  London  Corresponding  Sxietv,  which  were 
to  Hardy,  of  the  a5th  of  May,  1793. — I  shall  j  signed  by  the  prisomr:— '•  The  articles  of 
have  occasion  to  observe  something  more  t  instniction  given  to  citizen  Joseph  Gernld, 
upon  the  subject ;  but  I  would  now  observe, .  delegate  from  the  London  Corrc^^pomlinsr  So- 
that  this  letter  speaks  of  the  writer's  disposi-  j  citty  to  the  ensuinj:convcnliv..n  in  I'ldinbursh, 
tiou  to  unite  in  one  ussembly  of  commis-  ;  for  the  purpose  of  obtaining  a  thorourrh  par- 
sioners,  froi.i  all  the  couiitrics  in  the  wf-rid  |  liamentary  reform. 

for  the  pur  I  kjsc  of  reform. —  1  his  letter  led  to  j  **  First — He  shail  ou  no  account  depart 
a  private  corrcspoiiflencc  between  Mr.  Hardy,  I  from  the  ori2:iiial  oljoct  and  principles  cf  xhi? 
the  prisoner,  and  Mr.  Skirvini:,  who  had  been  ;  Society:  nAinciy.  tiie  obtaining  annual  par- 
secreury  to  that  meeting  of  delegates  in  j  liaments,  and  universal  Mitlragc,  bv  raiinal 
Scotland,  which  had  never  thought  oi  as.^Mm-  \  ami  l'j,i.ud  htc:ns.''-^Rutionaran(i  */«r. .*h/are 
ing  the  appellation  or  character  of  '*  Convcn-  j  words  wi:icn  are  capable  of  aImo>t  .mv  ron- 
tion  of  the- People;"— an  appcll.ilion  and  cha- (  struction. — For,  after  it  had  been  stated  in 
ract'jr  which,  for  the  purpOMjs  ^tatetl  by  my  i  the  report  ofilieir  committee  of  constitution, 
learned  friend,  were  totally  uniioces^nry.  I  that  tiie  miuoriiv  had  a  right  to   resist  the 

On  the  5lli  cf  October,  \7\K\  Mr/H:rdy  |  majoii 
writes  a  letter  to  Mr.  J^kirviui^,  in  which  he  they  c 
speaks  of  the  trials  of  Muir  aiid  Palmer,  who 


ty,  fart>.e  purpose  ot  asserting,  what 
.li!,  tl-.eir  indefeasible  rights,  "amon^ 
which  liicy  cLtiin  tiie  right  of  equal,  active 
had  Irccn  prosecuted  for  stxlitious  conduct,  citi.'.enship ;  mtiunai  ami  laicful  vicans  arc 
and  then  says,  **  The  General  Convention  ■  any  meaiH  which  would  be,  according  to  their 
which  you  mention,  appears  to  Mr.  Mar- ,  idea  ol  reasju,r.itic»nal,  and,  according  to  their 
garot,  to  whom  alone  1  have  com mnuicated  j  idea  of  law,  lawful.  They  declare 'it  lo  be 
your  letter,"  (the  letter  to  which  this  refers,  |  lajiful  for  the  minority  lu  resist  the  majorit}", 
seems  to  have  been  dated  the  'Jnd  of  Octo- 1  if  the  elt'cf  t  of  the  tyranny,  as  ihoy  call  it,  fi- 
ber; but  it  lias  not  been  found)  **  appears  to    erciscd  ly  the  maioritv,  were  to drprive  them 


JVIr.  Margarot  and  my^'olf  to  be  a  vt-rj'  ex- 
cellent measure ;   and,  as  such,  1  could  wish 


of  their  imleu;a>ible  civil  rights;    namely, a 
share  in  the  government  of  their  countrv. 


you,  without  delay,  to  communicate  it  offi-  Unli  iegisLuivc^and  executive, 
ciall^  to  our  society,  without  any  ways  men-  |  Tiie  other  instructions  are,  **  Secondly— 
tioning  that  you  had  written  to  me  privately.**  I  He  is  directed  to  support  the  opinion,  that 
•--I  mentioned  this  letter  before.— 1  now  state    representatives  in  parliament  ought  to  be  |Kud 


it  for  the  purpose  of  introducing  the  sending 
delegates  to  the  Scotdi  Convention. — '*  If,  in 
your  official  letter,  you  should  require  us  to 


by  their  constituents." 

"  Thirdly— Tliat  the  election  of  shetiii 
might  to  be  restored  to  the  pcopku* 


1249] 


fur  ttigk  Tnasim. 


A.  D.  ITdl. 


[12S0 


**  Fourthly--^Tfaat  juries  ought  to  be  chosen 
by  lot." 

**  Fifthly — ^That  active  means  ought  to 
be  used,  to  make  every  man  acquainted 
witli  the  rights  and  duties  of  a  juryman." 

«  Sixlhlv— -That  the  liberty  of  the  press 
must  at  all  events  be  supported ;  and  that  the 
publication  of  political  tniths  can  never  be 
criminal/' 

Now,  gentlemen,  you  will  observe  that  the 
four  last  of  these  have  no  connexion  whatever 
with  a  parliamentary  rctbrm. — ^The  second 
is  only  supporting  the  opinion,  that  represen- 
tatives in  parliament  ought  to  be  paid  by 
their  constituents  —  an  opinion  formerly 
adopted,  and  acted  upon,  in  this  country,  but 
long  since  abandoned,  from  a  principle  of  po- 
licy, which  is  obvious ;  and  the  adoption  of 
that  opinion  bv  the  first  constituent  assembly 
in  France,  led,  perhaps,  to  all  the  mischief 
that  followed. 

When  persons  talk  of  rational  and  lawful 
means,  you  must  of  neccssitv   understand 
them  to  use  those  words  in  the  sense,  and 
according   to    the  construction   which  they 
themselves  put  upcm  the  words.    They  say^ 
that  their  delegate  should  on  no  account  de- 
part from    the    principles  of   the    society; 
namely,  the  obtaining  annual  parliaments  and  i 
tmivcrsal    suffrage,   by  rational  and  lawful ' 
means — In  the  seventh  instruction,  they  state  j 
what    they    conceive  to  be  lawful  means ; ; 
namely,  "  Tliat  it  is  the  duty  of  the  people  to  '• 
resist  any  act  of  parliament  repugnant  to  the 
original  principles  of  the  constitution,  as  would  < 
be  every  attempt  to  prohibit  associations  fur  { 
the    purpose    of  reform."  —  And   therefore  . 
they  considered,  that  any  act  of  parliament,  j 
and   consequently  any   authority   whatever,  j 
however  in  the  common  estimation  of  man- 
kind it  might  be  deemed  lawful,  was  to  be 
resisted  by  tliem,  if  it  tended  to  prevent  the 
execution  of  their  purpose ;  and  tliat,  there- 
fore, any  means  taken  towards  such  resis- 
tance,   were  means  taken  for  the  purpose 
of  obtaining  annual   parliaments,   and  uni- 
Tersal  sufl'ruge,  by  rational  and  lawful  means. 

It  seems  to  me,therefore,  that  these  articles 
of  instmction,  upon  the  veiy  face  of  them, 
import  a  determination  to  resist  the  constitu- 
ted, power  and  authority  of  the  country,  if  a 
resistance  to  this  constituted  power  was  neces- 
sary to  carry  into  execution  their  purpose  of 
obtaining  annual  parliaments,  ana  universal 
auffrage,  by  rational  and  lawful  means  ;  and 
that  they  considered  resistance  to  the  power 
of  the  constituted  authorities,  as  lawful  means 
to  effect  that  purpose. — And,  if  they  consi- 
dered rcsi.ttance  as  lawful  means,  it  nrcessa- 
rily  abu  follows,  that  they  considered  attack 
as  lawful  rocans.-*For,  if  resistance  is  lawful, 
an  attack  to  supersede  the  necessity  of  resis- 
tance, is  also  lawful. — Upon  what  principle  is 
attack  in  war  lawful,  but  tliat  resistance  is 
justifiable  f  And  atUck  is  justifiable  for  the 
purpose  of  superseding  the  necessity  of  that 
resistance— -Therefore  these  instructions  do 

VOL  XXIV. 


most  explicitly  declare  their  resolution  to 
maintain  the  object  which  they  had  in  view, 
by  what  they  call  rational  and  lawful  means ; 
which  they  have  sufficiently  shown  tq  be  such 
acts  as  are  in  direct  opposition  to  the  consti- 
tuted authority  of  the  country,  and,  conse* 
quently,  acts  of  rebellion. 

Gentlemen,  when  this  again  is  compared 
with  the  report  of  their  committee  of  consti- 
tution ;  and  when  I  h^vc  shown  that  their 
avowed  principle  is  rebellion  against  every 
government  which  is  not  constituted  in  the 
manner  in  which  they  saj^  a  government 
ought  to  be  constituted,  it  is  impossible  to 
give  any  other  constmction  to  these  words, 
**  rational  and  lawful  means,"  than  that 
which  I  have  given ;  namely,  such  means  as, 
by  the  exercise  of  their  reason,  unprejudiced, 
they  were  taught  to  believe  were  lawful  means ; 
among  which  they  included  the  right  of  the 
minonty  to  resist  even  a  vast  majority  of  the 
country,  if  that  majority  attempted  to  with- 
hold from  them  those  rights  which  they  con- 
sidered as  indefeasible  civil  rights :  namely,  a 
right  to  share  in  the  vrkole  of  the  government  of 
their  country,  as  well  executive  as  le^slative. 

Gentlemen,  tlie  instructions  winch  are 
given  to  the  delegates  of  the  Society  for  Con- 
stitutional lufoimation,  are  couched,  unque^ 
tionably,  in  much  more  cautious  language. 
They  contain  no  such  resolution  wi(h  respect 
to  resistance,  as  is  contained  in  the  resolutions 
of  the  London  Corresponding  Society. — AtthA 
same  time  you  will  recollect,  what  my  learned 
friend  near  me  now  siiggests  to  me,  that  all 
that  was  done  in  the  Scotch  Convention,  in 
consequence  of  the  instructions  given  to  the 
delegates  of  the  London  Corresponding  So- 
ciety, was  afterwards  fullv  approved  by  the 
Society  for  Constitutional  Information;  and 
that  one  of  tlie  acts  so  done,  was  in  direct 
conformity  to  those  instnictions  (the  seventh 
instruction)  **  That  it  is  the  duty  of  tlie  peo- 
ple to  resist  any  act  of  parliament  repugnant 
to  the  original  principles  of  the  constitution, 
as  would  be  every  attempt  to  prohibit  asso- 
ciations for  the  purpose  of  reform.'' 

Gentlemen,  you  will  recollect  that  one  of 
the  resolutious  of  this  Scotch  Convention 
went  directly  upon  the  foundation  of  that  ii>» 
structioD ;  going,  indeed,  considembly  bcyondl 
it;  and  when  I  am  told  tliat  persons  who 
send  delegates,  are  to  be  considered  as  giv- 
ing to  those  delegates  no  other  authority  than 
what  they  specifically  gave  them,  I  admit 
that  to  a  certain  degree,  tliat  is  true;  but 
then,  the  moment  they  know  that  these  dele- 
gates go  l>eyond'  their  authority,  they  ought, 
unquestionably,  at  least,  to  disavow  them. — 
But  what  has  this  (Constitutional  Society 
done?  Instead  of  disavowing  any  procecdinjgs 
of  the  British  Convention,  it  has  declared  its 
approbation  of  them  all ;  and  the  society  has 
considered  itself  as  bound  to  give  the  most  ef- 
fectual support  to  the  persons  who  cadie  to 
these  resolutions. 

Tlien  what  were  the  proceeding  oC  v^^-^^- 

4    L 


1253] 


far  High  Treason. 


A.  D.  1794.. 


[1254 


-Genlkmcn  this  assembler  of  delegates  of 
clubs,  having  proceeded  in  this  manner, 
thought  proper,  not  only  to  call  itself  a  Con- 
vention, of  the  People — a  British  Convention  of 
the  People,  necessarily  including  the  whole 
island — but — ^The  British  convention,  one 
AVD  INDIVISIBLE — and  to  date  their  transac- 
tions, the  first  year  of  the  British  Convention, 

One  and  Indivisible. What  could  this  be 

meant  to  express,  but  that  they  considered 
themselves  as  the  whole  people  of  Great  Bri- 
tain, united,  by  delegation,  m  one  common 
cause,  not  to  be  separated — not  to  be  divided, 
until  they  had  completely  and  eU'ectually  car- 
ried into  execution  those  purposes  which  the 
^veral  delegates  carried  with  them  into  this 
assembly  ? — What  the  purposes  of  Margarot 
and  Gerrald  were,  we  have  had  clearly  before 
us  upon  evidence — What  was  the  purpose  of 
Mr.  Yorke,  who,  though  a  delegate  from  the 
Constitutional  Society,  did  not  actually  go, — 
we  may  infer,  from  all  that  he  did  and  said 
elsewhere.— Now,  tliat  the  whole  is  dis- 
closed, and  all  its  complex  parts  are  put  toge- 
ther, it  is  clear  that  this  very  act  was,  in  itself 
an  act  of  High  treason— And  I  beg  to  say, 
that  the  Attorney-General,  in  his  place  in  the 
House  of  Commons,  on  the  question  relative 
to  the  trials  in  Scotland,  declared,  that  as  far 
as  he  could  then  view  it,  seeing  it  imperfectly 
as  he  did,  he  was  inclined  strongly  to  think, 
that  it  ought  to  have  been  so  construed.  But 
an  act  majr  be  an  act  of  high  treason,  or  an 
act  of  sedition,  merely,  according  to  the  de- 
gree of  evidence  which  may  be  produced 
upon  the  subject  Unless  you  can  show, 
what  was  the  object  of  the  parties,  you  mav 
not  be  able  to  prove  it  to  be  an  act  of  high 
treason,  although,  in  fact  it  was  so. 

W  hat  was  the  argument  which  Mr.  Gibbs 
pressed  so  much  upon  you  ?  He  did  not  denv, 
that  the  acts  of  nis  client  were  extremely 
blameable ;  very  seditious  ;  but  they  do  not, 
said  be,  amount  to  high  treason.  And  why 
did  he  assert,  that  they  did  not  amount  to 
high  treason  ?  **  Because  the  evidence,  taken 
together,  docs  not  show  that  the  prisoner  had 
conceived,  within  his  mind,  the  guilty  purpose 
and  intent  of  destroying  the  government  of 
the  country,  deposing  the  king,  and  establish- 
ing a  democratic  government  in  its  stead.'' 

In  the  prosecutions  carried  on  in  Scotland, 
ajgainst  the  members  of  the  British  Conven- 
tion, Marprot,  Gerrald,  Skirving,  and  the 
rest,  the  full  evidence  was  not  possessed  by 
those  who  prosecuted ;  they  could  not  esta- 
blish, by  evidence,  tliat  degree  of  criminality 
in  the  minds  of  the  parties,  which  is  essen- 
tially necessary  for  the  purpose  of  constitut- 
ing the  crime  of  high  treason ;  and,  therefore, 
no  blame  is  upon  that  account  imputable,  as  I 
contend,  to  the  courts  in  Scotland,  supposing 
the  act  to  be  high  treason. 

The  courts  there  are  accused  of  having  been 
over  rigorous  in  their  sentences. — If  that 
which  has  appeared  in  evidence  here,  had 
appeared  to  theniy  I  tbinki  according  to  tha 


evidence  which  would  then  have  been  before 
them,  they  must  have  considered  the  acts 
as  amounting  to  high  treason;  and  it  would 
have  been  their  duty  to  have  taken  care  that 
the  persons,  guilty  of  those  acts,  should  hare 
been  prosecuted  accordingly.  But  from  the 
evidence  before  them,  the  complete  criminal 
intent  did  not  appear,  and  therefore  they  pro- 
ceeded, according  to  the  law  of  Scotland,  for 
the  crime  of  sedition. 

The  question  which  was  afterwards  princi- 
pally agitated,  was,  whether  there  existed,  in 
the  law  of  Scotland,  a  distinct  crime,  denomi- 
nated bv  the  law  of  Scotland,  "  Sedition,"* 
wliich  the  law  of  England  considers  as  a  mere 
misdemeanor,  of  dificrent  degrees  of  heinous- 
ness,  till  it  amounts  to  the  crime  of  high 
treason.  But  if  there  did  exist  that  distinc- 
tion between  treason  and  sedition,  in  the  law 
of  Scotland  (and  sedition,  in  the  ancient  law 
of  England,  seems  to  have  been  considered 
as  a  distinct  crime,  in  very  remote  times),  and 
if  sedition  in  Scotland  was  capable  of  being 
punished  as  such,  a  very  severe  punishment 
must  be  the  proper  punishment  tor  a  crime 
which  arose  to  that  height,  that  the  only 
question  which  could  possibly  be  made  upon 
it  was,  whether  it  did,  or  did  not,  amount  to 
the  heinous  crime  of  high  treason. 

Gentlemen,  the  resolutions  and  proceedings 
of  thb  society  in  Scotland  are  very  extraordi- 
nary ;  they  begin  with  declaring  themselves 
the  British  Convention,  and  their  several  pro- 
ceedings have  been  read  to  you,  in  which  itap- 
pears  that  they  corresponded  with  the  prisoner 
at  the  bar,  and  with  several  other  persons.  It 
also  appears  that  they  adopted  several  of  the 
most  seditious  proceedings  which  have  been 
had  in  this  country,  and  that  they  had  reports 
made  to  them  of  the  state  of  the  societies  in 
England,  as  well  as  in  Scotland,  the  object  of 
which  was  to  justify  their  declaring  them- 
selves a  convention  of  the  people. 

It  appears  in  the  proceedings  of  the  6th  of 
November,  1793,  that  one  of  the  Edinburgh 
delegates  having  moved  that  the  London  de- 
legates should  state  the  situation  of  their  so- 
cieties, citizen  Margarot  answered,  *<  that  the 


♦  I  apprehend  that  this  statement  of  the 
question  is  not  strictly  correct.  The  doctrines 
asserted  by  the  counsel  for  the  crown  and 
sanctioned  by  the  hich  court  of  iusticiary, 
in  the  cases  of  MauriceMargarot  andfthe  other 
members  of  the  British  Convention,  respect- 
ing the  crime  of  sedition,  have  been  much 
canvassed  and  by  many  distinguished  lawyers 
impugned;  the  true  grounds  on  which  the 
propriety  of  the  decision  of  the  court  of  justi- 
ciary has  been  ouestioned,  will  be  found  in 
the  ingenious  ana  powerful  arguments  which 
were  delivered  by  the  very  learned  and  able 
persons  who  disputed  the  relevancy  of  the  in- 
dictment in  the  case  of  Joseph  Gerrald.  See 
the  speeches  of  Mr.  Gillies  and  Mr.  Laing  in 
this  Collection,  vol.SS,  ^^«^^*^IV^» 


1255]        35  GEORGE  III. 

fiociettes  in  London  were  very  numerous, 
though  somciuncs  fluctiiating^in  Bome  parts 
of  England  whole  towns  are  reformers ;  in 
Shefi^cld  and  environs  there  are  fifty  thou- 
sand,**— though  it  has  been  shown  to  you 
that  the  society  there  never  consisted  of  more 
than  six  hundred.  *'  In  Norwich  there  are 
thirty  societies  in  one.  If,**  said  Marsarot, 
**  we  could  set  a  convention  of  England  and 
Scotland  called,  we  might  represent  six  or 
seven  hundred  thousand  males,  which  is  a  ma- 
jftriif  of  all  the  adults  in  the  kingdom,  and 
ministry  would  not  dare  to  refuse  us  our 
lights."  It  was  in  consequence  of  this  re- 
presentation that  they  thought  fit  to  give 
themselves  the  title  which  I  have  stated  to 

JOU. 

Gentlemen,  you  will  recollect  that  in  their 
proceedings  they  went  to  the  extent  of  mak- 
raga  new  union  between  England  and  Scot- 
land ;  an  union  which  should  perfectly  re 
move  all  boundaries  of  distinction  betCveen 
the  two  kingdoms.  Whether  that  would  or 
would  not  be  a  wise  thing,  may  certainly  ad- 
mit of  a  great  deal  of  question;  but  there  is  a 
contract  existing  between  the  two  countries 
upon  the  subject  and  the  persons  assembled 
at  this  meeting,  take  upon  themselves,  as  far 
as  their  authonty  goes,  to  break  through  that 
contract,  assuming  a  power  of  a  most  cxtra- 
ordinar}'  kind ;  not  only  sovereign  power,  but 
sovereign  power  tending  to  the  destruction  of 
1^  solemn  league  between  the  two  nations,  at 
one  time  septrate,  distinct,  and  independent 
fovereign  powers. 

They  resolved  to  publish  an  address  to  the 
public,  and  a  committee  was  appointed  to 
'consider  the  means,  and  to  draw  up  the  out- 
lines of  a  plan  of  general  union  and  co-opera- 
tion between  the  two  nations  in  their  general 
pursuit  of  a  thorough  reform  of  parliament. 


Trial  of  Thomas  Hardy 


[ffi 


attended  to  them,  when  they  were  rai  ^ 
which  you  must  be  convinced,  thej  had 
view  an  establishment,  upon  principles  ti 
diflferent  from  those  on  which  a  meetiag 
dele|;ates  of  societies,  for  the  purpose  cf  9 
tainmg  a  reform  in  parliament,  ought  to  hi 
been  &rmed. 

You  likewise  recollect  the  pains  th^tv 
to  enlighten  the  IIi£;hUinders  of  ScotbuL 
is  impossible  not  to  consider  the  terms  ibt 
used  fur  this  purpose  as  an  incitement  i 
rectly,  to  the  Highlanders  to  arm  themnVe 
You  recollect  the  circumstance  of  apirfeRC 
a  Highlander,  armed  with  his  broid  «on 
and  target ;  and  there  are  other  circiutohace 
of  the  same  tendency,  which  are  notsavb 
mediately  and  distinctly  in  my  memon. 

There  is  also  this  resolotion:— "^tnit: 
be  recommended  to  the  diflferent  sodrti^ 
throughout  the  country,  to  copy  the  ftk  e 
Hights  into  their  minute  books,  as  the  ;roa 
of  their  proceedings,  in  order  to  prercslii 
proper  constructions  upon  their  condttcL  x 
friends  to  reform."  This  recoDimeDfiile 
seems  to  me  to  be  precisely  upon  th»t  piuc. 
pie  of  deception  which  I  have  before  Ai<ueei 
There  could  be  no  purpo>e  whaiew,  to 
which  this  resolution  was  to  be  imeneil  i 
their  minute  books,  but  to  deceive— tu  ui 
out  a  peaceable  and  quiet  rcfomiatiOQ.i4i> 
they  meant  the  revcrs>c.  If  thev  ro.Ti|> 
proved  of  the  Bill  of  Rights,  had  'it  nuiW 
universally  derided  in  the  books  of  «te 
they  had  testified  the  strongest  approbvicfir 
in  a  work,  in  which  it  was  called  a  bib  < 
wrongs,  and  treated  with  the  utmost  dis?f!f 
and  contempt?  But  it  servefl  extremrhft 
for  the  purpose;  not  only  to  cover  Ihip 
cec<lini»s  of  the  different  societie«,  fcoti 
mislcacl  those  societies,  and  to  teii  Iba 
that  the  Bill  of   Hights  authorized  the  i 


1257]  for  High  Treasons 

sec  in  court^-I  wish  he  vas  here— I  mean^ 
mv  learned  friend  who  addressed  you  last, 
with  great  force,  with  great  energy,  and  cer- 
tainly with  a  considerable  degree  of  ability — 
how  he  reconciles  these  resolutions,  so  left 
in  blank  upon  the  minutes,  witli  the  principle 
upon  whicn  he  stated  this  convention  to  have 
acted.— He  did  not,  indeed,  distinctly  state 
this  convention  to  have  acted  upon  it;  he 
rather  suggested  the  principle,  and  then  en- 
deavoured to  slur  the  matter  over,  to  pass  it 
by,  asserting,  that,  whatever  might  oe  im- 
puted to  this  convention,  it  coula  not  affect 
that  which  was  to  have  been  assembled,  and 
the  prisoner  had  nothing  to  do  with  it. 

Gentlemen,  you  will  recollect  the  solemnity 
with  ivhich  the  transactions  relative  to  these 
resolutions  were  carried  on ;  that, "  After  an 
excellent  discussion  of  the  question,  pertinent 
remarks  and  amendments,  the  convention 
was  resumed,  and  the  whole,  as  amended, 
being  read  over,  the  members  stood  upon 
their  feet,  and  passed  the  resolutions,  unani- 
mously, as  follows.'' — You  will  recollect,  like  • 
wise,  that  this  was  preceded,  in  the  course  of 
the  debate,  by  citizen  Drown*s  giving  a  history 
of  the  Habeas  Corpus  Act,  and  therefore  ap- 
pearing to  take  an  important  part  in  the  dis- 
cussion of  the  question,  Mr.  Matthew  Camp- 
bell Brown,  who  was  the  delegate  from  Shef- 
field, and  who  has  been  stated  as  the  Editor 
ofthcVatriot — ^I'hcre  is  a  blank  in  the  mi- 
jiutes,  for  these  resolutions;  and  then  the 
minutes  import,  that,  *'  After  the  said  resolu- 
tion, agreed  to,  and  solemnly  approved  of,  as 
above,  citizen  Oerrald,  in  an  energetic  and  ani- 
mated speech,  addressed  the  meeting,  and  ex- 
pressed his  happiness  at  the  motion  passed, 
and  exposed  the  act  of  the  Irish  parliament, 
called  a  Convention  Bill;  and  citizen  Brown 
followed  him,  in  a  manly  speech,  and  proved 
the  influence  of  the  executive  government 
over  the  parliament ;" — and  then — Citizen 
jMargarut  read  and  pru(H)sed  a  motion : — 
•*  That  a  Secret  Committee  of  three,  with  the 
secretary,  be  ap|H)inted  to  determine  the 
place  where  such  Convention  of  Kmergency 
shall  meet ;  that  such  place  shall  remain  a 
secret  with  them,  and  with  the  secretary  of 
this  convention ;  and  that  each  delegate  shall, 
at  the  breaking  up  of  the  present  session,  be 
entrusted  with  a  sealed  letter,  containing  the 
name  of  the  place  of  meeting;  that  this 
letter  shall  be  delivered,  uno])cnra,  to  his  con- 
stituents, the  receipt  of  which  shall  be  ac- 
knowledi^cil  by  a  letter  to  tlie  secretary — pre- 
serye<l  in  the  same  state,  until  the  period  shall 
arrive,  at  which  it  shall  be  deemed  necessary 
lor  the  delegates  to  set  off." 

Thesti  rtsolutiont,  and  a  declaration  accom- 
panying tlicm,  lor  which  a  blank  was  left  in 
the  minutes,  and  which  were  not  to  be  in- 
serted till  after  tlic  end  of  dieir  proceedings, 
were  in  the  following  words:  *'  Resolved,  that 
the  following  declarations  and  resolutions  be 
inwrted  at  the  end  of  our  minutet  :**  **  That 
this  coDventioo,  contideriDg  the  calamitous 


A.  D,  1794. 


[1258 


con«equcncc8  of  any  act  of  the  legislature, 
which  may  tend  to  deprive  the  whole,  or  any 
part  of  the  people,  of  tneir  undoubted  right  to 
meet,  either  by  themselves,  or  by  delegation, 
to  discuss  any  matter  relative  to  their  common 
interest,  whether  of  a  public  or  private  nature, 
and  holding  the  same  to  be  totally  inconsis- 
tent with  the  first  principles  and  safety  of 
society,  and  also  subversive  of  our  known 
and  acknowledged  Constitutional  Liberties,  do 
hereby  declare,  before  Cod  and  the  World ;" 
— which,  you  recollect,  is  the  solemn  manner 
in  whicii  an  oath  is  taken,  in  Scotland,  by 
persons  of  a  particular  description—"  that  wV 
shall  follow  the  wholesome  example  of  former 
times,  by  paying  no  regard  to  any  act  which 
shall  militate  against  the  constitution  of  our 
country,  and  sliall  continue  to  assemble  and 
consider  of  the  best  means  by  which  we  can 
accomplish  a  real  representation  of  the  people, 
and  annual  election,  until  compelled  to  desist 
by  superior  force." 

Gentlemen,  what  is  this  but  a  declaration, 
that  they  would  resist  force  by  force;  that 
they  would  resist,  unquestionably,  inferior 
force;  and  that  it  should  be  superior  force  only, 
that  should  compel  them  to  desist : — "  And 
we  do  resolve,  that  the  first  notirc  given  for 
the  iiitroiluction  of  a  Convention  Bill,  or  any 
bill  of  a  similar  tendency  to  that  passed  in 
Ireland,  in  the  last  session  of  their  parliament, 
or  any  bill  for  the  suspension  of  the  Habeas 
Corpus  Act." — So  that  now  they  would  have 
been  in  actual  rebellion,  as  the  bill  for  the 
suspension  of  the  Habeas  Corpus  Act  did  pass; 
— "  or  the  act  for  preventing  wrongous  im- 
prisonment, and  agamst  undue  delays  in  trials, 
m  North  Britain;  or  in  case  of  an  invasion, 
or  the  admission  of  any  fureicn  troops  what- 
soever, into  Great  Britain  or  Ireland ;  all,  or 
any  of  these  calamitous  circumstances,  snail 
be  a  signal  to  the  several  delegates  to  repair 
to  such  place  as  the  Secret  Commitiee  of  this 
convention  shall  appoint."  Throughout  all 
their  proceedings  you  find  a  Secret  Committee, 
There  is  no  one  of  the  proceedings  of  any  of 
these  societies  which  you  have  had  before  you, 
in  which  you  have  not  found  a  Secret  Commii~ 
tec ;  that  is,  a  few  persons,  who  keep  secret 
from  the  rest  all  the  important  proceedings, 
and  guide  and  direct  the  whole.  The  forma- 
tion of  a  Secret  Committee  being,  necessarily, 
the  formation  of  a  thing  which  they  conceive 
would  not  bear  the  o^^en  li»htof  day,  and  |)ar- 
ticularly  wnuld  not  bear  the  eye  of  the  exist- 
ing  government  of  the  country,  bound  to  keep 
and  support  the  peace  of  the  country, ; — ''  and 
the  first  seven  members  shall  have  power  to 
declare  the  sittings  permanent,  and  twenty- 
one  shall  constitute  a  convention,  and  pro- 
ceed to  business.'* 

What  is  this  but  a  declaration,  that,  if  they 
were  compelled  by  superior  force,  to  discon- 
tinue their  meetings  at  Kdinburgh,  where  they 
were  then  sitting,  they  would  not,  therefore, 
cease  to  be  a  convention  of  the  ^eo^Vs.^  VnX 
that  they  w<ro\A  i«\fux  \m\»fc^i»N^'^  xa  ^ai^ 


1961] 


J6r  High  Treason. 


A.  D.  1794. 


[1S63 


to  the  admission  of  foreign  troops ;  a  report 
having  been  very  inilustriously  circulated  of 
an  intention  to  bring  over  a  great  number  of 
foreign  troops  into  this  country. 

But  they  declare  also,  that  this  convention 
shall  meet  as  a  Convention  of  Emergency  in 
another  event ;  that  is,  in  case  of  mvasion. 
I  am  sure  I  recollect  the  letter  having  been 
read  which  informed  Hardy  of  the  secret  re- 
solutions, because  1  recollect  that  the  words 
•*  in  case  of  an  invasion"  are  omitted  in  that 
letter.  But  Margarot  states  in  that  letter 
that  the  convention  has  done  that  which  he 
docs  not  think  it  safe  to  communicate  by  let- 
ter :— "  The  convention  proceed  with  great 
spirit ;  we  sit  daily ;  and  last  week  we  came 
to  a  resolution  which  we  fancy  will  give  plea- 
sure to  every  friend  to  reform.  As  the  mi- 
nutes arc  to  be  printed,  we  will  at  present 
only  give  you  the  heads  of  it;  viz. — ^That 
.should  any  attempt  be  made  by  government 
for  the  suspension  of  the  Habeas  C'orpus  bill, 
the  introduction  of  a  convention  bill,  or  the 
landing  of  foreign  troops  in  Great  Britain  or 
Ireland,  the  delegates  are  immediately  to  as- 
semble in  convention  at  a  certain  place  (the 
appointment  of  which  is  left  with  a  secret 
committee) ;  that  when  seven  delegates  shall 
be  thus  assembled  thev  shall  declare  them- 
selves permanent,  and  when  their  number 
amounts  to  twenty-one  they  shall  proceed  to 
business,  'rhus,  you  see,  we  are  providing 
against  vchat  may  happen**  This  is  a  letter 
written  to  Mr.  Hardy  himself.  "  Thus  you 
ue,  we  are  providing  against  what  may  hap- 
pen,** Then  the  letter  proceeds  to  state— 
**  Letters  convey  but  very  imperfectly,  and 
trith  no  great  degree  of  safety,  what  we  might 
wish  to  inform  each  other  of."  And  in  a  sub- 
sequent letter  of  the  8lh  of  December,  1793, 
iron  will  find  he  says — "  Not  daring  any 
onger  to  tnist  to  the  post,  we  send  you  all 
these  papers  in  a  parcel ;"  what  papers  these 
were  does  not  appear.  "  You  will  be  so  good 
as  to  make  us  acquainted  with  their  safe  ar- 
rival. Gcrrald  wishes  to  get  to  London  as 
soon  as  possible:  he  will  communicate  that 
which  cannot  so  fully  be  expressed  by  letter. 
You  may  consider  this  as  a  private  letter ; 
but  you  may  read  such  parts  of  it  as  you  think 
proper  to  any  member  of  the  society,  especi- 
ally where  it  may  be  uroductive  of  good." 

Then  here  are  resolutions  come  to  which 
the}'  are  afraid  to  enter  on  the  minutes  of 
their  proceedings ;  which  they  are  afraid  to 
communicate  entire  in  their  correspondence 
between  carli  other ;  which  they  leave,  there- 
fore, to  be  commimicalcd  by  word  of  mouth 
by  one  of  the  prirties  present :  and  even  the 
very  letter,  thus  cautiously  written,  is  written 
to  Mr.  Hardy  as  a  private  letter,  of  which  he 
fnit;ht  communicate  such  parts  an  he  might 
think  proper  tc»  any  member  of  the  society, 
leaving  to  him  the  selection  of  the  matter, 
and  the  parts  he  might  so  communicate; 
-perhaps,  according  to  th«  degree  of  fervor  in 
the  public  cauac  he  might  conceive  a  particu- 


lar member  to  have,  and  the  particular  confix 
dence  he  might  have  in  the  discretion  of  that 
member ;  and  this  is  to  be  especially  where 
it  may  be  productive  of  good ;  showing  most 
clearly  by  this  that  the  prisoner  was  the  active 
means  by  which  the  whole  of  this  conspiracy 
was  to  be  carried  on ;  the  person  with  whom 
Margarot  (who  was  then  acting  as  agent  of 
the  society  at  Edinburgh)  was  to  correspond^ 
in  whose  discretion  he  was  wholly  to  confide, 
and  who  was  to  communicate  to  the  other 
members  such  parts  only  of  this  correspond- 
ence— mutilated  as  it  is,  from  the  fear  of  dan- 
ger that  may  attend  a  communication  by  letter 
— ^to  communicate  such  parts  of  it  only  as  he 
thought  proper. 

Gentlemen,  I  stated  that  it  was  my  inten- 
tion to  advert  to  that  part  of  the  minutes 
which  followed  the  blank  where  these  resolu- 
tions ought  to  have  been  entered,  if  they  had 
been  entered  according  to  the  daily  and  the 
ordinary  course  of  their  proceedings.  After 
stating  the  solemn  manner  in  which  these  re- 
solutions were  passed — the  very  solemnity 
with  which  they  were  passed  showing  the 
importance  which  those  persons  attached  to 
them,  and  the  omission  of  the  word  invasion 
in  the  communication  still  more  strongly 
showing  the  importance  which  they  attached 
to  that  particular  word—"  Citizen  Margarot 
read  ana  proposed  the  following  motioo-* 
"  that  a  secret  committee  of  three  with  thcf 
secretary  be  appointed  to  determine  the  place 
where  such  convention  of  emergency  shall 
meet ;  that  such  place  shall  remain  a  secret 
with  them  and  with  the  secretary  of  this  con- 
vention ;  and  that  each  delegate  shall,  at  the 
breaking  up  of  the  present  session,  be  en- 
trusted with  a  sealed  letter  containing  the 
name  of  the  place  of  meeting — ^that  this  letter 
shall  be  delivered  unopened  to  his  constitu- 
ents, the  receipt  of  which  shall  be  acknow- 
ledged by  a  letter  to  the  secretary— preserved 
in  the  same  state  until  the  period  shall  arrive 
at  which  it  shall  be  deemed  necessary  for  the 
delegates  to  set  off/'  So  that  the  place  of 
meeting  of  this  convention  was  not  only  to  be 
determined  upon  by  a  secret  committee  of 
three  (a  very  small  number),  but  they  also 
resolved  that  it  should  remain  secret  with 
them  and  the  secretary ;  and  that  at  the 
breaking  up  of  the  then  present  session  (if 
during  the  session  it  should  be  necessary  to 
make  use  of  this  committee  of  emergency  at 
a  secret  place)  each  member  should  carry 
with  him,  in  a  sealed  letter,  the  name  of  the 
place  of  meeting ;  that  this  should  be  delivered 
unopened  to  his  constituents;  that  the  re- 
ceipt should  be  acknowledged  by  a  letter  to 
the  secretary;  and  that  the  sealed  letter 
should  remain  in  the  same  state  till  the  period 
should  arrive  at  which  it  should  be  deemed 
necessary  for  the  delegates  to  set  oflf.  So  it 
was  not  to  be  known  to  any  one  member  of 
the  society,  except  the  secret  committee  and 
their  secretary,  where  that  place  was  to  be. 

NoW|  gentlemen,  have  such  \{C(K«^vQsg^*«a" 


sent,  praying  that  that  reform  m 
^  ecUonuf'^enresclltalive^migUl  becarrieil 
rexecutiou  wnicli  they  pretendetl  they  had 
proposed  upun  thr  wild  pbn,  us  I  venture  to 
call  it»  of  ttie  tlukc  of  Kkhmond«  or  any  other 
spectiic  plan  ihey  mishi  think  proper  to 
mdopt ;  if  llie  objttct  uf  their  meeting  was  ;my 
thing  beyond  that,  il  was  impossibFe  for  htm 
to  jufttit}'  it,  though  he  ^huid<l  nut  admit  it  to 
receive  nil  the  attributes  which  wv  ha%'o 
given  it. 

Tlie  mniutes  of  this  dav*5  sitting  refer  to  ^i 
proceedmg  which,  I  llunlc^  distiucU^  h^id  in 
view  that  which  afterwards  appears  in  other 
ports  ot  the  proceedings — the  support iog  a 
convention  by  force.  It  is  idle  to  say  that  a 
convention  ot  this  kiod  could  have  any  eflfcci 
whatever  unless  supported  by  force;  and 
tlierefure  it  is  not  necessaiy  to  show  you  that 
ftny  proceedings  had  taken  place  for  the  pur- 
pose; for  when  it  U  of  necessity  that  in  order 
to  carry  the  thing  into  execution  it  should  be 
supported  by  force,  it  is  not  necessary  to  show 
you  that  proceedings  had  been  had  for  the 
purpose  of  creating  that  force.  If  persons 
fomi  a  plan  (such  as  was  fabricated  for  the 
l)iahop  of  Rochester,  and  several  persons  of 
high  rank)  to  bring  in  the  Pretender — If  that 
had  been  a  real  paper  signed  with  the  names 
of  thobiic  persons  who  it  was  supposed  had 
signed  il  ^it  turned  out  to  be  a  wicked  con- 
trivance ot  two  vilianous  men);  but  if  it  had 
been  a  real  paper,  it  would  have  been  an  act 
of  high  treason,  though  they  had  procured  no 
jorce*  But  the  moment  they  put  their  hands 
to  that  paper,  which  demonstrated  their  inten- 
tion to  cons^pire  to  overturn  the  governiuent 
af  the  country ;  demoDstrating  that  intentioD 


merit/ 

uf 

obi-.    . .- 

upon  that  cj. 

there  was  no 

nature  in  liOnduu^ 

sand  people  in    r 

It  was  accor^i 

lee  should  r  ti 

corrt^  pendente    to   ^i%^    ^„ 

genre  ot  what  passed  in  p4U 

Geaileinen,  you  will  n 
committee  so  referred  to^  wi 
mittcc  of  the  Loudon  Corre 
which  Secret  Cofomittec  < 
lution  converted  into  ^  -  -  —* 
lion  for  the  Bnlisli  Ci^i 
po&e  of  givine;  iafon 
which  should  pass  i: 
London,  upon  thid  ^  L  ^ 
shows  the  connexion  aod  ''di 
very  convention  upon  tlv> 
ponding  Society,  to  the  hnm 
videlicet,  the  Secret ComoitU 
directed  that  Secret  Commtt 
that  the  whole  was  really^  a 
operation  of  tho«>e  sodicties 
tliat  the  proceedings  at  Bd 
proceedings  of  persons  whc 
as  the  puppets  of  those  In  L* 

Vou  will  recollect  the  wm 
Highlanders  were  to  be 
representations  to  them  o| 
aggravated  and  false  iu  th 
You  will  hkewisc  recolJec^ 
the  proceediDgd  of  tliis  oq| 


1S6S] 


Jbr  High  Treason* 


A.  D.  1794. 


[19B0 


1798,  the  tenth  day's  sitting,  and  the  order  of 
the  day  was  moved  upon  "^it.  Now  this  is  a 
meeting  which  mv  learned  friends  would 
attempt  to  persuade  you  was  solely  for  the 
purpose  of  petitioning  parliament,  and  one  of 
the  first  things  they  do  is,  to  move  the  order 
of  the  day  upon  a  motion  for  petitioning  par- 
liament. 

You  recollect,  Mntlemcn,  the  manner  in 
which  they  treatea  distinctions  of  rank  in  the 
case  of  lord  Daer — in  the  use  of  the  word 
gentleman — the  insipidity  of  the  term  gentle- 
man, and  fhc  propriety  of  the  term  citizen — 
and  a  thousand  other*  circumstances,  which 
show  throughout  the  principles  which  the 
mcmhcrs  oflliis  convention  meant  to  adopt, 
and  to  carry  into  eftect  as  far  as  they  could. 
You  will  recollect  what  Mr.  Skirving  said  in 
the    course    of  the    proceedings.     Upon    a 
motion  that  was  made  he  insisted  *'  that  it 
was  proper  on  all  occasions  to  take  the  opinion 
of  the  primary  societies,  and  he  considered 
the  convention  as  only   a    committee    of  the 
"ptoplc.:*    So  that  Mr.  Skirving,  in  the  very 
proceedings  of  this  convention,  was  acting 
upon  the  grand  principles  of  all  those  rights 
of  man — that  every  Ibrni  of  government  to  be 
established  among  them  was  to  be  considered 
only  as  a  committee  of  the  people,  and  that  the 
sense  of  the  people  was  to  be  taken  upon  all 
occa'ion«.      Princijiles   which    the    French 
natinnul  assembhes  have  constantly  found  it 
impo.-sible  to  carry  into  execution ;  and  you 
must  pinti'-ularly  recollect  that  they  refused 
to  currv  them  into  execution  upon  the  must 
important  subject  wiiich  could  come  before 
them,   namely,  Mjc  death  of  their  king.    For 
when  M)mn  of  the  loading  members — some  of 
the  most  <"nli?hlcnrd  -probably  wilh  a  view 
of  raving  ihi;  kini:,  wished  to  refer  the  consi- 
deration  of  tira    question    to    the    primary 
ts«enih!i(">  in  diftei<*nt  parts  of  the  country,  it 
was  iu'«r:i lived,  on  the  ground  of  the  impossi 
bility  of  c.irrx  ing  it  inlo  real  and  efl'cctuul 
cxerulifiii;  ai:'l  because,  if  it  could  have  been 
carried   eflWluiiiy  into  execution,    it    must 
have  tendeil  to  destroy  the  Convention  it- 
self. 

Gentlomrn.  you  will  rcrfjllect  likewise,  in 
thecour<»('of  iii^drbatr  which  took  place  upon 
what  tlif  ten  •  !  ilic  unprecedented  infrince- 
inenl  off  ■■  nv  of  thr  ]iro<s,  and  the  arbi- 
trary sent^mce  of  jiidnc  Wilson  appainst  Mr. 

Holt Mr.    .liisiuc    Wilson   bcinj  :i  man 

whom  all  Iho-e  who  arc  of  the  shjuc  ]»rofes- 
sion  must  re  ic  iuIut  with  deep  regret  and 
conrrrn.  uiid  uni«»l  :u:knowlctli;e  that  he  was 
erne  of  the  wort  hic'>t  and  ihr  most  upright  men 

that  fvcr  gratcl  the  bench Genllcuicn, 

in  lakiui;  notice  of  these  things,  which  they 
con'^ir'ei  a*  abusr>,  .Mr.  Margaret  obsfrves — 
"  It  is  uimrre«'siiTy  to  attempt  to  lop  off  the 

branchr-^  while  wt-are  endeavouring  to " 

and  iherr  is  a  bl;ink. — Kndoavouriiigto  whalf 
Huw  «an  \ou  fill  up  that  blank  ?— "  It  is  un- 
Decessaiy  to  attempt  to  lop  off  the  branches 
while  wc  arc  endeavouring  to  cut  down  the 
VOL.  XXIV. 


tree."    You  cannot  fill  up  the  blank  in  any 
other  way. 

Gentlemen,  I  might  go  through  the  whqle 
of  the  minutes  of  the  proceedings  of  this  con- 
vention ;  there  are  several  other  passages 
which  equally  merit  attention;  and  it  is  evident 
that  throughout  the  whole  of  their  proceed- 
ings they  contemplated  the  idea  of  acting  by 
force  of  their  own  authority,  supported  by  the 
force  of  so  many  of  the  people  at  large  as  they 
could  prevail  upon  to  sustain  their  measures ; 
that  they  looked  to  the  attainment  of  their 
objects  by  those  means;  and  probably  also  by 
the  assistance  of  that  foreign  power  which  the 
two  societies  in  Ix)ndon,  the  Constitutional 
Society,  and  the  London  Corresponding  So- 
ciety, had,  in  the  latter  end  of  the  year  1792, 
clearly  invoked — by  means,  probably*  of  the 
assistance  of  that  power,  for  you  cannot  give 
any  other  interpretation  to  the  words,  "<  In  the 
case  of  an  invasion.'*  They  clearly  looked  to 
the  attainment  of  their  ends  either  by  their 
own  force  alone,  or  by  that  force  assisteil  by 
such  foreign  force. 

This  convention  being  dispersed  by  the  su- 
perior force  of  the  constituted  government, 
after  that  resistance  which  the  members  of 
the  convention  thought  proper  to  give,  and 
which  necessarily  was  only  a  formal  resist- 
ance, because  they  had  not  prepared  measures 
for  any  more  effectual  resistance — what  was 
done  f — ^A  meetinjg  upon  this  was  held,  and  a 
variety  of  proccedmgs  took  place,  in  London, 
all  tending  to  assemble  another  convention, 
expressly  declaring,  thai  in  consequence  of  the 
dispersion  of  the"  British  Convention,  they 
were  determined  to  assemble  another.  For 
the  proceedings  had  not  arrived  at  that  ripe- 
ness which  could  enable  them  to  carry  intoex^ 
ecution,  t|ie  plan  of  that  convention  of  emer- 
gency, which  they  had  suggested  in  the  mi- 
nutes of  the  convention  in  Scotland,  because 
that  could  not  have  been  completely  carried 
into  effect  with  respect  to  England,  unless 
they  had  had  a  greater  proportion  of  delegates 
from  Kngland,  than  they  actually  had.  Finding 
tiiat  impracticable,  they  turned  their  minds  to 
the  assembling  another  British  Convention  in 
FngUnd,  and  they  opeidy  avowed  their  inten- 
tion of  a.ssembling  that  convention  in  Kn^i.ind. 

Gentlemen,  the  first  proceedings  which 
seem  to  have  been  directly  taken  for  that 
purpose  were  the  resolutions  of  the  Constitu- 
tional Society,  on  the  17  lb  of  January  1794 ; 
liut  previous  to  that  time  a  letter  w:is  written 
by  the  prisoner,  on  the  lOlh  of  January,  to 
Mr.  Adams,  the  Secretary  of  the  Constitu- 
tional Society,  merely  informing  him  of  the 
anniversary  dinner  of  the  [x>ndon  Corres- 
ponding Society,  intended  on  the  '.20th  of  Ja- 
nuary, "i7*>k  I  mention  that  circumstance, 
because  it  drew  both  the  *jjcieties  together  in 
the  transactions  of  that  day.  There  was  no 
reason  for  giving  the  Constitutional  Society 
any  notice  of  that  anniversurv  dinner,  unless 
for  the  purpose  of  enabling  tlicm  to  attend  ic 
i f  they  t hough  t  p roper. 

4  M 


'  ctwta  ft  leuer  iroin  euizea  margiiroi,  &i  sahh- 
burgh,  with  some  of  the  Edioburgh  Gazel- 
tecrs,'*  (ymi  observe  this  is  a  day  afUr  Ihe 

Idler  he  wrote  lo  Adams,  infoiming  him  of 
the  anniversary  dinner,  of  the  SOlfi  of  Ja- 
nuary) **  whrre  you  will  see  that  cilizeKi 
Skirving  is  found  guilty,  apd  sentenced  for 
fourteen  ycar^  transportation  to  Botany  Bay. 
JMargarot's  trial  comes  on  next.  He  meets  it 
v/ith  great  firmness  and  resolution.  I  have 
uo  time  to  make  comments  on  the  proceed- 
ings; but  I  think  our  opponents  are  cutting 
their  own  throats  as  fast  as  ihey  can.  Now 
is  the  lime  for  us  to  do  something  worthy  of 
iijcn,"  Why  was  it  the  time  for  them  lo  do 
something  worthy  of  men? — "  The  brave  dc* 
fenders  of  liberty.  South  of  the  English  Chan- 
nel, are  performing  wonders:  driumg  their 
enemies  before  themj  like  chaff  before  the 
whirlwind." 

What  wa?  in  the  mind  of  Mr,  Hardy  when 
he  wrote  that  letter?  What  could  he  in  his 
mind,  hut  that  persuasion  which  we  see  gene- 
rally diffused  throughout  all  their  proceecuugs, 
lliftt  the  success  of  the  French  republic,  was 
intimately  connected  with  the  success  of 
their  own  schemes ;  that  they  were  all  em- 
barked in  one  common  cause — that  their 
hope  and  reliance  was  not  upon  a  majority  of 
the  people  of  this  country — fori  think  even 
the  report  of  the  comraittee  of  constitution 
shows,  that  they  had  no  hope  of  obtainirig 
that  majority,  but  that  they  did  hope  tliey 
should  ol)lain  so  large  a  party,  that,  with  the 
success  of  the  French  republic,  they  should  be 
able  finally  to  accomplish  their  ohject^ — at 
least  ibey  thought  that  that  was  the  time  to 
strike.  **  Now  is  the  time  for  us  to  do  some- 
thing worthy  of  men— the  brave  defenders  of 


ghtpii 

tn  he  1 


tion  of  the  revenue 
jecl  which  he  thought 
the  person  lo  whutn 
uol  simply  for  the  purpose 
to  families^  Imt  as  it  viould 
of  (be  country^  and  ther«;fG 
afi'cct  those  persons  uhorc 
his  enemies,  the  coostitu 
the  country ,  It  is  a  iri 
but  trifling  circutnst^Lnccs 
are  the  natural  overfluv^ioi 
show  the  temper  of  that  m 
he  writes  when  he  U  undc 
strain  I. 

Gentlemen,  I  shall  ni 
some  I'     '  s  of  the  Sc 

tiomil   I  oo,  OD  till 

1794,  *i[njii  wiuch,  as  I  re 
lion  has  been  made  by  el 
counsel,  aud  which  no  warn 
tutional  Society  has  been  ( 

*'  Resolved,  thai  law  . 
jecl  of  obedience,  \rhen« 
strumenl  of  oppression,*^ 

•*  Resolved,  tlial  we 
the  deepest  saUsfaction,'. 
the  infamous  Jelferic*,  om 
of  England,  who  at  the  en 
volution,  for  the  many  ii 
which  he  had  passed,  wn^ 
brave  and  injured  pc<     ' 

**  Resolved,  that 
example,  deserve  his  uie. 

Gentlemen,  wtica  thes 
considered  with  reference 
low^,  what  is  the  meantn 
iocilement  to  tlie  people  .a 
see  it  has  refereDce  to  ihd 


a 


1269]  for  High  Treofn. 

persons  in  Scotland,  was  not  only  not  btamea- 
ble,  but  a  conduct  which  entitled  them  to  the 
approbation  of  all  wise  and  the  support  of  all 
irave  men.  The  epithet,  brave,  is  pretty 
Btrikine.  A  peaceable  and  constitutional  sup- 
port Ota  roan,  does  not  require  much  bravery; 
out  a  support  by  force,  may  require  bravery — 
when  therefore  the  approbate. ii  of  all  wise, 
and  the  support  of  all  bravt  men,  is  called  for, 
one  may  easily  ^css  what  it  is  that  the  per- 
sons who  enter  mto  those  resolutions  mean. 
They  add, 

"  Resolved,  that  we  see  with  regret,  but 
see  without  fear,  that  the  period  is  fast  ap-  ! 
proaching,  when  the  lil>erties  of  Britons  must  j 
depend,  not  upon  reason,  to  which  they  have 
long  appealed,  nor  on  their  oowers  of  express-  i 
in^  it,  but  on  their  firm,  ana  undaunted  rej^o- 
iution  to  oppose  tyranny,  by  the  same  means  | 
by  which  it  is  exercised.*'  What  is  that  but 
an  explicit  declaration,  that  the  time  was  fast 
approaching,  when  they  conceived,  that  it 
would  be  necessary  to  exert  force?  Whether 
according  to  their  ideas,  force  had  become 
necessary  or  not,  you  cannot  determine.  It 
never  can  be  an  object  of  determination  for  a 
jur^r,  or  for  any  court  of  justice,  whether  the 
subjects  of  a  government,  are  entitled  to  rise 
in  rebellion  against  that  government,  in  con- 
sequence of  any  conduct  of  that  government 
It  is  a  question,  which  whenever  it  does  arise, 
can  be  decided  only  by  the  sword.  It  never 
can  come  into  discussion  in  a  eourt  of  justice, 
llierefore,  if  the  conduct  of  the  government 
of  the  country  has  been  ever  so  oppressive,  a 
court  of  justice  cannot  permit  itself  to  dis- 
cuss, whether  that  occasion  has  arisen,  which 
amounts  to  the  dissolution  of  all  government, 
and  when  therefore  it  can  itself  nave  no  au- 
thority to  act — ^This  resolution  follows. 

"  Resolved,  that  wc  approve  of  tlie  conduct 
of  the  British  Convention,  who  though  assail- 
led  by  force,  have  not  been  answered  by  argu- 
ment, and  who,  unlike  the  members  of  a  cer- 
tain assembly,  have  no  inteiest  distinct  from 
the  common  body  of  the  people.'*  A  resolu- 
tion, which  not  only  adopts  all  the  proceed- 
ings of  that  convention,  and  all  their  conduct 
but  particularly  and  distinctly  adopts  that 
part  of  their  conduct,  in  which  they  declared 
themselves  a  Convention  ofihe  People,  and  de- 
clared that  they  meant  by  that  declaration, 
that  they  were  representatives  of  the  common 
body  of  the  people. 

Tne  last  resolution  is,  "  That  a  copy  of  the 
above  resolutions  l>e  transmitted  to  citizen 
William  Skirving,  ucrctary  to  the  British 
Convention,  who  is  now  imprisoned,  under 
colour  of  law,  in  theTolbooth  of  Edinburgh." 

Gentlemen,  this  led  to  the  proceedings  of 
theQOth  of  January,  1 794,  at  the  Globe  tavern, 
and  these  proceedings  are  extremely  strong— 
vou  recollect  that  these  proceeding's  appear  to 
have  been  wholly  a  concerted  business;  that 
they  were  nothine  like  the  alcts  of  Uie  persons 
who  met  there,  but  that  they  were  proceed- 
iDgt  prerionsly  determined  upon.    Mr.  Thel- 


A.  D.  1794. 


[1270 


wall,  seems  to  have  had  a  principal  hand  in 
preparing  the  account  of  the  proceedings, 
which  was  printed  and  distributed ;  and  he 
delivered  it  to  Davidson  the  printer,  to  be 
printed  on  the  18th  of  January— Gentlemen, 
this  account  of  the  proceedings,  begins  thus, 
"  At  a  general  meeting  of  the  London  Corres- 
ponding Society  held  at  the  Globe  tavern,  in  the 
Strand,  on  Monday,  the  20th  day  of  January, 
1 794,citizen  John  Martin  in  the  chair— The  fol- 
lowing address  to  the  people  of  Great  Britain, 
and  Ireland,  was  read  and  agreed  to."  So 
that  you  see,  gentlemen,  they  are  deter- 
mined to  proceed  with  a  sort  of  caution,  which 
had  not  been  observed  in  the  proceedings  of 
the  Convention  at  Kdinburgh,  in  prepuring 
the  minds  of  the  people  by  a  previous  addresii 
for  the  meeting  of  an  assembly,  which  should 
assume  the  character  of  a  convention  of  the 
people.  This  you  will  recollect  was  an  idea 
which  clearly  had  occurred  to  some  persons 
who  were  concerned  in  the  conspiracy,  par- 
ticularly to  Mr.  Yorke ;  and  which  he  com- 
municated in  conversations  which  have  been 
stated  to  you  in  evidence. 

This  address,  speaking  of  the  abuses  which, 
are  supposed  to  exist  in  the  British  .govern- 
ment, and  speaking  of  the  laws  of  the  country 
says—"  We  are  every  day  told,  by  those  per- 
sons who   are  interested  in  supporting  the 
conmption  list,  and  an  innumerable  host  of 
sinecure  placemen,  that  the  constitution  of 
England  is  the  perfection  of  human  wisdom  ; 
that  our  laws  (we  should  rather  say,  their  laws) 
are  the  perfection  of  justice  ;" — and  then  they 
proceed  to  speak  of  the  administration  of  the 
country — ^They  then  state  a  number  of  pro- 
ceedings which  they  think  proper  to  find  fault 
with  — The  convention   bill  in  Ii  eland — the 
proceedings  in  Scotland — and  they  add — '*  In 
Scotland,  the  wicked  hand  of  power  has  been 
impudently  exerted,  without  even  the  wretch- 
ed formality  of  an  act  of  parliament," — hav- 
ing before  adverted  to  the  act  of  parliament 
which  had  been  passed  in  Ireland    **  magis- 
trates have  forcibly  intruded  into  the  oeaceful 
and  lawful  meetings  of  freemen,  and,  oy  force 
(not  only  without  Taw,  but  against  law)  hav^ 
under  colour  of  magisterial  office  interrupted 
their  deliberations,  and  prevented  their  asso- 
ciation;*'—A  declaration  that  they  conceived 
the  dispersion  of  that  Convention  at  Edin- 
burgh was  an  illegal  act— Then  they  add— - 
•*  The  wisdom  ana  good  conduct  of  the  Bri- 
tish Convention  at  Edinburgh,  has  been  such 
as  to  defy  their  bitterest  enemies  to  name  the 
law  which  they  have  broken ;  notwithstand- 
ing which,  their  papers  have  been  seized,  and 
made  use  of  as  evidence  against  them ;  and 
many  virtuous   and  meritorious  individuals^ 
have  been,  as  cnielly  as  unjustly,  for  their 
virtuous  actions,  disgraced  and  destroyed,  by. 
infamous  and  illegal  sentences  of  transporta- 
tion ;  and  these  unjust  and  wicked  judgments 
have  been  executed  with  a  rancour  and  ma- 
lignity never  before  known  ia  l\a»  NwA.   ^^a 


127S] 


Jhr  High  Treiuon. 


A.  D.  1794. 


[1274 


rie^  of  pubHcatioDS,  origixuitiDg  all  from  thftt 
address  of  the  Gthof  August,  1702,  aod  which 
shows,  that  the  leading  men  in  these  pro- 
ceedings liad  the  same  tiling  in  view,  at  least 
from  that  period.—**  You  may  ask,  perhaps, 
by  what  meant  shall  we  seek  redress  f — We  an- 
swer, that  men  in  a  stale  of  civilized  society, 
are  bound  to  seek  redress  of  their  grievances 
from  the  laws,  as  long  as  apy  redress  can  be 
obtained  by  tlie  laws ;  but  our  common  mas- 
ter, whom  we  serve  (whose  law  is  a  law  of 
liberty,  and  whose  service  is  perfect  freedom) 
has  taught  us  not  to  expect  to  sather  grapes 
jfrom  thorns,    nor  figs  from   thistles  —  Ws 

MUST  HAVE  REDRESS  FROM  OUR  OWN  L4WSy 
AND  NOT  FROM  THE  LAWS  OF  OUR  PLUNDERERS^ 
SNEMIES,  AVD  OPPRESSORS/' 

Translate  this  into  plain  words,  conveying 
a  plain  meaning;— What  is  it  but  this — Vou 
osK  by  what  means  shall  we  seek  redress  ? — 
Wc  answer,  that  men  in  a  state  of  civilized 
bociety,  arc  bound  to  seek  redress  for  griev- 
ances by  law,  as  long  as  any  redress  can  be 
obtained  by  law;  but,  when  all  laws  are 
violated,  then  that  compact  by  which  civilized 
society  is  kept  together,  is  dissolved,  and  we 
have  a  right  to  act  for  ourselves — ^That  is  the 
clear  interpretation  of  the  first  part — ^They 
add,  *'  But  how  can  we  expect  to  gather 
grapes  from  thorns,  or  figs  from  thistles." — 
what  do  they  mean  by  thorns  and  thistles  ? 
Why  the  king  and  the  parliament — ^They  as- 
j&ert  that  they  could  not  expect  any  redress 
from  tl)eni,  or  at  least  from  the  parliament, 
because  tliey  could  not  expect  to  gather  grapes 
from  thorns,  nor  figs  from  thistles. — "  We 
must  have  redress,  therefore,"  they  say, 
**  from  our  oxn  lawSy  and  not  from  the  laws  ojf 
our  plunderers,  enemies^  and  oppressors'^- 
What  does  tliis  mean,  but  that  they  must 
have  redress  from  a  Convention  of  the  Peo- 
ple ;  for  this  is  an  address  to  the  people.'-^ 
•*  H  V'  therefore,  must  mean  **  the  people,** 
and  '*  our  own  laws,"  must  mean  '*  the  laws  of 
the  people.^' — Wt,  the  people^  must  have  re- 
dress from  our  ou-h  laws,  and  not  from  the 
laws  of  our  plunderers,  enemies,  and  op- 
pressors— cliamcterizing,  by  those  terms,  the 
constituted  authorities  of  the  country. — And 
they  add,  *'  There  is  no  redress  for  a  nation 
i:ircumslanc*^d  as  we  at-e,  but  in  a  fair^  fr^i 
and  full  representation  of  the  people.** 

Gentlemen,  these  are  declarations  clear 
and  plain.  My  learned  friend  called  upon 
)is  to  show  clear  aud  plain  declarations.  Can 
any  thing  be  more  clear  and  more  plain? 
ilcrc  is  nu  caution  used — tliey  had  now  de- 
termined  to  lay  aside  all  caution — and  you 
will  observe,  that  my  learnc<l  frtenils  did  not 
attempt  to  say  one  single  word  in  explanation 
of  any  part  of  this  transaction. — The  fair,  the 
free,  and  full  representation  of  the  people, 
which  they  describe,  has  been  so  over  and 
over  again  exuiained,  in  their  own  miblica- 
tioDS,  and  in  their  resolutioos  tod  addresses; 
in  the  report  of  their  comipittee  of  constitii- 
lion,  gild  elMwbfve  -,  tb$l  it  it  utterly  uan^ 


cessary  for  me  to  go  over  that  ground  agam, 
but  merely  to  observe,  that,  by  a  fair,  fiee, 
and  full  representation  of  the  people,  they 
clearly  and  unquestionably  mean,  on  all  oc- 
casiogs,  a  perfect  representation  of  the  peo- 
ple, as  ihcy  sometimes  style  it ;  namely,  a 
renresentation  of  the  people,  in  an  assembly 
which  should  act  as  a  National  Convention^ 
like  the  National  Convention  of  France,  by 
means  of  which,  every  citizen  should  have 
the  right  of  sharing  in  the  government  of  tke 
country,  legislative  and  executive.— Then, 
here,  eentJemen,  they  have  clearly  and 
openly  declared  their  resolution  to  have  such 
a  convention  of  the  people,  and  to  create  a 
republic  upon  the  principles  of  the  Rights  of 
Man. 

Now,  gentlemen,  if  a  man  had  proclaimed, 
in  thb  country,  the  pretender,  and  thereby 
declared  his  intention  to  establish  upon  the 
throne  of  this  country,  that  family  which  has 
been  driven  from  it,  mstcad  of  that  which  has 
since  been  placed  upon  the  throne,  no  num 
would  have  entertained  the  slicrhtest  doubt, 
that  the  mere  act  of  proclaimmg  the  pre- 
tender, would  have  been  treason;  and  my 
learned  friends  will  recollect,  that,  in  the 
course  of  the  tria)  of  Mr.  Layer,  the  very 
case  is  supposed  by  the  counsel  for  the  crown. 
They  say,  in  answer  to  an  objection  with  re- 
spect to  evidence,  "  Suppose  a  man  shouM 
have  proclaimed  the  pretender,  and  then  havo 
gone  away,  and  the  proclamation  could  not 
be  found,  what  would  be  the  effect  of  that  ? 
Could  not  you  give,  in  evidence,  the  contents 
of  that  proclamation?"—"  Yes,*'  says  Mr; 
Hungerford,  the  counsel  for  the  pritoner,  and 
who  was  no  way  a  friend  to  that  government, 
"  the  very  act  of  doing  that,  would  be,  in  it* 
self,  an  overt  act  of  high  treason." 

Then,  if  proclaiming  the  pretender  is  an 
overt  aot  of  high  treason,  is  tiiere  any  dif- 
ference between  proclaiming  the  pretender, 
and  proclaiming  a  republican  government? 
And  this  is  a  proclamation  for  a  republican 
government.— I  do  not  mean  to  say,  that  all 
the  consequences  were  immediately  to  follow  ; 
that  the  kmg  of  the  country  was  to  he  con- 
sidered, as  from  that  moment,  deposedw«« 
This  appears  to  be  rather  a  proclamation  that 
there  shall  be  such  a  government ;  not  that 
it  shall  instantly  take  place,  but  that  it  tkall 
be  established,  und  that  they  will  ttke  steps 
for  the  purpose. — And  you  will  remember, 
that,  in  the  ca^e  of  treason,  a  plan  once 
formed,  and  steps  taken  in  pursuance  of  it,  is 
sufficient  to  constitute  treason ;  and  it  is  not 
necessary  that  the  steps  should  be  effectual 
for  the  purpose. 

Then  they  come  to  the  following  resolu- 
tion: 

**  Resolved,  That  during  the  ensuing  eet* 
sion  of  parliirtnent,  the  general  cummitlet  of 
this  society  do  meet  daily,  fur  the  purpose  of 
watching  the  proceedings  of  the  |ni  linnet, 
md  of  the  ndrainistration  of  the  j 
of  tbif  country."— Thi^iaA.^iDit^ 


ieiies  *or  C  onstitutionai  Infor 
nmtbn ;  or  any  olber  innovation  of  a  similar 
fi&lure.  That  J  on  any  of  (hf»e  tmrrgeneia" 
— words  which  leave  ao  opening  furalmo&t 
any  thing  —  Fh at,  on  any  of  these  eraer- 
^Dde»,  the  ecncnil  cumfnittee  shall  issue 
summonses  to  the  dcleg^jites  of  each  division, 
And  mlso  to  the  secretaries  of  the  diiiercnt  so- 
cieties affiliated  and  corresponding  with  this 
dociely,  forthwith  to  eali  a  grnenil  convention 
of  the  people,  to  be  held  at  such  |»bcc»  and  in 
5uch  manner,  as  simll  be  st^eci^ed  in  the 
summons  for  the  purmife  of  tAtng  such  mea-' 
«ires  into  their  considemtion." 

Genilcmen,  you  will  recollect,  that  Just  at 
this  time  the  society  for  Constitutional  In- 
/ormatton  (who  wctc  always  acting  in  their 
way  in  support  of  the  measurps  first  adopted 
by  the  London  CVirresponding Society)  thought 
jiroper  to  elect  Barri?re,  St  Andre,  and  Ro- 
land, honorary  members  of  their  society; 
declarmg,  tiiat  they  considered  those  men  as 
**  the  roost  enUi^hlenetl  friends  of  Freedom** — 
**  judicious/*  1  think,  Lhey  likewise  call  them. 
Gentiemen,  the  mere  election  of  these  per* 
hons  to  be  members  of  their  society  is,  in 
some  degree,  adopting  their  principles  ;  but 
when  in  the  very  act  of  election  they  decbre 
that  they  so  elect  them  because  of  their  prm* 
ciplcs^ — when  men  elect  a  person  into  a  sitim- 
tioD  hcausc  they  consider  him  as  one  of  the 
most  Judiciout  and  cnliehtcncd  friends  of  Fret- 
cfo/»— when  upon  a  politicHl  subject,  lacy  de- 
clare tijcy  consider  the  principles  of  that  man 
|o  be  those  of  a  judicious  and  enlightened 
man ;  the^  rcjdiy  transfiir  alt  declared  and 
avowed  principles  (Voni  the  person  so  efected 
to  their  own  society^  and  make  them  in  cfleci 


Calling  the  at' 
speeches,  which  i-  iiju^i  1 
snows  the  intent  with  wk 
were  proceeding ;  and  l^ 
sembled  a  general  conv^ 
nipposing  that  convcntic 
by  the  other  parts  of  IheJ 
have  considered  the  pe<»f 
interposed  their  power  to 
inviolabditj.  For  the  »i» 
lion  of  the  people^  aclir 
ported  by  the  power  of 
necessity  have  been  an] 
people  against  the  eiistil 
if  the  people  in  i;^ 
tern  of  Barr^rc  Ij^ 
and  adapted  i/te  r 
would  have  fornn  n 

royid  inviolabiht>,  „i,.,  ^\[ 
which  are  stated  in  this 
must  have  followed. 

The  speech  proceeds  to  i 
appeal  should  be  made  to 
says —  "The  people   are  I 
convention  is  a  perfect 
sovereign ;   the   member 
assembly  acted  in   Aug 
pies  in  summoning  the  ^ 
clare  that  tliey  saw   but 
could  save  France,  oamef 
to  the  Hjprerae  will  of  the"^ 
vite  the  people  to  ejrr  , 
unalienable  right    of 
constitution  had  ackuo.^Jt.. 
could  not  subject  to  any  re% 
says—**  The  public  interesl 
people  should  manifest  tlj 


WT] 


Jlir  High  Trtason. 


A.D.  1794. 


[1278 


i 


ym^h  M  an  t«^mUly  of  tlie  nature  staled  in 
tt  ^  ,  and  upon  wbich  i  have 

2  meeting  of  the  coramitlee 
>  riuary^  it  was  resolved,  that 

tL.  ^..a.i .  vj,  ,,i,rt.  at  the  anniversary'  dinner  of  | 
the  society  t^houJd  be  printed  at  the  end  uf  the  i 
address,  TJi^^i*'  tnrmu  t*  stifv  thrir  approLa-  i 
lion  of"  tin  inburgh"  i 

— K>f**Skirv  I  nccofthe  1 

Ci>url  of  Justiciary  with  ihe  honour  of  being  | 
the  cause  of  culling  that  convention'*  —  uf 
**  the  Luucjon  Correiponding  Society,  and  the 
several  other  societies" — and  then  of  *♦  their 
condemned  delegate^.*'  Then  there  is  the 
following  tuast — *'  Success  to  the  arms  of 
trctdcnn  against  whomsoever  directed^  and 
t:  on  fug  ion  to  de&pols  with  whomsoever  allied/' 
These  words,  though  they  do  admit  of  another 
interpretation,  yet  are  in  themselves  general; 
and,  con^dcrlng  the  complexion  of  the  whole 
of  this  transaction,  they  apply  most  directly 
to  that  which  was  the  obyect  of  the  meetings 
Jttamely,  the  establishment,  by  force*  of  a  con- 
vention of  the  people,  for  t^ic  purpose  of 
effecting,  as  they  conceived,  their  own  free- 
dom ;  a  measure  to  which^  it  is  perfectly 
clear,  under  certain  circumstances,  they  meant 
to  have  recourse.  There  is  another  toasi 
which  1ms  u  degree  of  ridicule  in  it,  but  you 
*  ill  sec  clciirly  what  was  meant,  Mr,  Barlow 
had  said  in  his  letter  to  the  French  Convention, 
that  it  had  been  completely  shown  that  a  king 
9f<n  good  far  nothint^.  One  of  their  toasts  ia — 
*•  all  that  i*  giiod  in  every  constitution,  and 
may  we  never  he  aup^r.fii'H^  enough  to  re* 
vf»euce  in  any  (hut  n  i for  nothing.'* 

Now  the  words  "  sui  _      i>  enough  to  re* 

vcrence  in  any  that  which  is  good  for  no- 
thing," carry  the  allusion  so  directly  to  that 
letter  of  Barlow,  and  the  works  of  Paine,  in 
which  the  respect  of  the  people  of  this  coun- 
try for  monarchy  has  been  treated  as  a  super- 
atitiou»  reverence,  that  it  is  impossible  to 
4«>ubt  what  the**e  persons  meant  when  they 
gave  that  toilet.  And  here  I  may  observe, 
that  in  many  of  the  Stale  Trials  you  will  find 
that  toasts  drimk  at  meetings  of  persons  en- 
gaged in  %urti  iraii**action»  have  always  been 
considered  ds  iniportant  evidence  of  the  minds 
<jf  i!ji'  i.rr  M'kN  s<.  ni(>t ;  because,  such  toasts 
■  t'sb  purpose  of  animating 
t'     ;  il  to  the  acts  in  viewf 

because,  \hry  Are  given  for  tbo  purpose  of 
taking  adviititiigc  of  the  z^]c\s  ot  cnnvivial 
houTs  when  thr  ,)nd 

liahlf*   to   surti  t   lie 


tl' 


hau  ,  , 

tain 

kowf 

thmg 

tdam       - 

iround  forassc: 


r«vvke<l  to 
'>.  by 

hey 
oer- 


on. 


On  Ihfc  57th  of  March  the  prt«oner  wroU 
letter  to  the  Constitutional  Society,  in  whii 
he  stated — "  I  am  directed  by  the  Londoi 
Core-  :»  ^  Society  to  transmit  the  follow- 
ing !  -  to  the  i?ociety  for  Constiti 
tioual  x..Mi.iu.ition,  and  to  request  the  sentl 
lacnts  of  that  society  respecting  the  jmportaii|( 
measures  which  the  preseut  juncture  ol  alfai: 
seems  to  require.  The  London  Corrcspoudi 
Society  conceives  that  the  moment  is  arriti 
when  a  full  and  explicit  declaration  is  nece 
sary  from  all  the  friends  of  freedom."  Ther< 
fore  this  letter  of  the  prisoner  declares,  th 
that  moment  tj^cu  arrited  which  is  alluded  to  i 
the  preceding  resolutions  of  ihe  20th 
January ;  and  then  he  adds—*'  the  Society  fc 
Constitutional  Information  is  therefore  r 
quired  to  determine  whether  or  no  they  wi 
be  ready  when  called  upon  to  act  in  conjun 
tion  with  this  and  other  societies  to  obtain 
fair  representation  of  the  people;  whcthi 
they  concur  with  us  in  seeing  the  necessity 
a  speedy  convention,  for  the  purpose  of  ol 
tainiug,  in  a  constitutional  and  leg^l  manner, 
a  redress  of  those  gricvajices  under  which  wi 
at  present  labour,  and  which  can  only  be 
efiectually  removed  by  a  full  ajid  fair  re  pre- 
sentation of  the  people  of  Great  Bntain 
The  London  Corrcspondiug  Society  cannot 
but  remind  their  friends,  that  the  preseal 
crisis  demands  all  the  prudence,  unaniinit|'j 
and  vigour  that  ever  may  or  can  be  exerted  ~ 
men  and  Britons;  nor  do  they  doubt  but 
manly  firmness  and  consistency  will  finally^ 
and  they  believe  shortly,  tenninatc  in  the  full 
accomplishment  of  all  their  wishes/' 

Gentlemen,  heic  is  a  full  declaration  in  tliis 
letter,  written  by  the  priaooer  at  the  bar,  tlial 
he  looked  forward  to  the  actual  accomplis' 
raent  of  all  hit  wUhei.  What  those  wisbi 
were  has  been  already  fully  and  sulficientl; 
declared,  They  were— to  establish  in  llii 
countrj'ii  '  nimenl,  found 

upon  the  I  iitsofmau 

annihlltttion  ol  uuiUircliy— the  annihilation 
of  what  he  calls  aristocracy — the  annihilation 
of  all  ranks  and  distinctions  of  men,  and 
giving  equal  active  citizenship,  and  an  equal 
right  to  every  individual  in  the  governnaent 
ol  hb  country,  legislative  and  executive-*in 
fine,  the  complete  establishment  of  a  whole 
Republican  government,  without  a  king,  with- 
out a  House  of  Pfrrs.  und  v^ilho\jl  ;inv  of 
those  circumstance  i- » 

stilution  of  Ihe  i^vi  L 

He   thinks   that  the   crisii*  \^  rhuh 

demanded  all  the  prudence  ,   and 

v^our  that  ever  u  I  hy 

r/ten  or   liritaMs  ;   1 1  1 1 1- 

tion.i'  '^  '-  'Y 

sup;  I* 

ing  vi^<'':  '.  Nund 

what  w  Yhis 

' "  ■-  :  ju^-ui:.,  viiuch  in 

back  the  rc^olu- 

I ..«„.,  ..  ,^._  ^^.-.^.j  .v..  V ^.iitUutioaal InJor^ 
raationofthe  irtliof  Janvujt'j, — 


team. 

wxnoL         I 
esea%^^ 

itb<B| 


fkl  x^  tt»c  sole  orject  of  tfii^  society  **  NovT 
^no  w«y  hjid  been  pointed  out  by  the  constitu- 
tton  but  that  of  a  petition  to  the  legislature. 
**  For  this  we  are  ready  to  hazard  cverv  thing; 
fttui  never  but  with  our  lives  will  we  relinquish 
mti  object  which  involves  the  happinests^  or 
cvea  the  political  existence,  of  ourselves  and 
posterity."  When  roc n  say  they  never  will, 
but  with  their  lives*  reliiicjaish  an  object — 
wh«n  they  say  that  the  crisiis  is  come,  which 
they  hope  will  shortly  terminate  in  the  full 
accomph^hment  of  all  their  wishe^^  a  full 
accomplishment  of  their  object — what  ciin 
they  possibly  mean  but  that  they  will  attempt, 
to  tue  utmost  hazard  of  iheir  lives^  to  obtain 
that  object,  which  they  consequently  apprc- 
houi  they  must  use  force  to  obtain  ? 

They  add — *'  that  it  is  the  decided  opinion 
of  tbia  society^  that,  to  secure  ourselves  from 
future  illegal  and  scandalous  prosecutions;  to 
prevent  a  repetition  of  wicked  and  unjust 
senleaotts;  and  to  recall  those  wise  and 
wholesome  la^ws  that  have  been  wrested  from 
us,  and  of  which  scan  cly  a  vestige  remains, 
there  ought  ta  be  imtnetiiutt/*/  a  couviuiion  of 
ihepcaplr,,  h"  -i'-f-  •■■ftri  dfpuiedfor  thtt  purpose 
frmm  the  r  «Wi«  of  the  Fnevds  of 

Freedom^  x^  .„..,.  i  iu  various  parts  of  this 
nation;  and  we  pled^  ourselves  to  the  public 
to  pursue  every  lettal  method  to  accomplish  so 
desirablci  a  purpose." 

GontJemoo,  the  previous  resolutions  of  the 
aoth  of  January  ?>how  what  object  it  was  that 
they  really  had  in  view,  namely,  the  establish- 
ment (under  the  words  »•  fair,  free,  and  full 
repT98QDtation  of  the  people  in  a  house  of  real 
national  representatives/'  and  the  other  words 
of  whir. hT  fiavA  inlcen  nolirnS  of  a  rnmnlprp 


ittlocTEectrtion  fht^c  i 
ncccs<iary  part  of  the 
the  other  societies   in 
same  measure ;  and  for  111 
circular  letter  was   aetil 
prisoner  at  the  baj->,   follow 
tions  of  the  ?Oth  of  January, 
crisis  was  arrived   ujioq   wfc 

act. 

"  Citizens — The  crltica 
and  Britons  must  i.*itbcr 
firmness  their  claims  to  til 
out  resistance  ro   il,*^  rh^ 
usurpation  is 
operate  wnth  >  - 
that  now  presents   iti»ell 
success?     We  need  not  iti| 
notwithstanding  the  unp. 
a  cornipt  and  uverhearin| 
present  tramples  ui 
the  people,  our  n 
be  interrupted  witnotu   tn^ 
of  a  convention   bill'* — uiitj 
there  is  no  means  of  pr  — 
but  that— *•  a  measure  < 
pate,  that  the  lies  of  uij 
drawn,  and  the  bentiin 
different  societies  thrci,:^...,^ 
compared  while  it  is  yet  lii  oi 
guide  and  direct  the  iuturi*  c 
friends  of  freedom.     Kouzo.  I 
lion  more,  and  let  us  sliow  c 
of  this  important  truth.  1 1"  wc 
down  with  threats^  pro&ecul 
sentences,  we  arc  unworth^fM 
of  liberty.  We  must  b«,  Hofl 
Hessians  and  Uanc  ^ 

iM  ;  Afid  if  we  Iani4 


tfl 


I 


JS8I]  fir  High  Tnamn, 

Ibe  public  ini0il)-4)ut  taking  upon  itsctf  by 
degrees  and  showing  its  inlenlirT  •  '  ^;r» 
tip»>n  It >elt' whenever  Jl  vliatl  be  slr<  i 

so  to  do,  the  wKqIp  aulhority  of  tiic  ^^-^  ..* 
in  CO  I  oT  ihe  country, — **  Wc  huvc  a  central 
.jilmiiirin  In  tvwv  vj^'w,  vrhicb  we  bi:li€ve  wotikl 
Ml:  for  the  whole  Island,  b4rc 

liiiktL:  I  riicniitn»(fntTeuting  ^foui 

coii6dence  in  ilu»  parliculAf)  till  we  hsive  the 
4in&wcr  of  the  sotielics  with  which  we  arc  in 
correspondence.*'  Gentlemen,  the  place  of 
meeting  of  this  convention  was  to  continue  a 
'  secret.  And  here  is  another  instance  of  thai 
cy  which  wc  ftnd  througliout  every  mea- 
sure, and  which  most  clearly  demonstrates 
that  their  intentions  were  not  honest. 

Gentlemen,  thtft  circtibr  letter  produced 
answcrt».  Some  of  them  have  been  read  to 
>  you.  The  Norwich  letter^  whidi  is  dated  the 
Mdlb  of  Aprilp  say?,  "  it  jh  with  great  ^atisfac- 
lioa  W6  Tiow  tlic  manly  conduct  of  you  and 
jrour  coUeasues,  espccmlly  when  surrounded , 
as  yotj  arc,  by  a  domineering  ariMocracy,  who, 
Dotwithr^tandntjf  their  great  blustcri  are  but 
chicken^heaned '*  It  concludes,  *♦  we  should 
be  glad  to  know  whether  the  frieitds  of  tlie 
people  consent  to  «i  convention^  and  whether 
Ihej  will  take  an  active  part,"  A  letter  dated 
the  11th  of  May,  1794,  was  sent  from  the 
Qdd  Societies,  which  states  a  meeting  in 
1  air  at  Halifax,  in  order  to  consider 
I  preparatory  to  a  general  convention. 
\  letter  says,  *'  they  were  advised  by  us  to 
rat  present  the  meeting  of  delegates  untjl 
■^farther  mformation,  which  should  come  from 
you"  (meaning  the  prisoner)  '*  on  that  sub- 
ject/' So  til  at  the  thing  was  cuntiniially 
proeceding ;  for  this  is  dated  the  1  \  ih  of  May, 
ajidyou  will  rcculK^ct  tliat  upon  the  I'ith  tbi« 
unfoff  iinate  rnan  was  arrested,* 

11"  litter  wriitvn  by  the  pri^ner  on 

ibe  I  y,   1794,  which  clearly  and  di- 

'  fitmies  tiie  id<  as  he  bu<l  formed  upon 
ItQ  be  the  ronheaucncesof  the  mea- 
I they  were  about  to  auopt.     It  is  in  an- 
swer to  a  letter  from  Ntwcastle-iipon-Tync, 

\\\v   V  nil  nT   ,\iiril      I  7  1*1     ufiirh    sti  V^;     "•  lilt 


_blc  marms   for  truti^,  i  and  , 

,ld>  ind  miding  your  ml  r<i  a^^; 

♦ecrctary   to  the  ('orTCi[M>ndin^  Sm^icty,  we 
wish  to  copy  your  example,  and  beg,  if  you  | 
think  Mh  worth  your  noUei%you  will  give  u% 
your  view «!  mnd  mtf^ntmnii  as  soon  as  ronvc-  ! 
jiioiit,  win      i  ;  :  '        means  tostimu- 

Jjkle  ami  T^P    They  had  I 

,rd  tirj!i  iir  Lrtiivnaion,  bcciuise  this 

1,  ii'   lined.    They  conclude  with 

and 

lotii  ,    « 

loii'  IS  answer — 

»*  It  i  orrcspond- 

ing  S  ur  I  i  cur  that  »*o*i«ty  on  a  wtmilar 

fidn,    r  I  I'h  ibe  aatttf}  patriotic  objects  in  I 
vitvi  to  ba  catiblislied  at  Newcasllo- I 


A.  D.  1794. 


iiasa 


upon-T\^e,  If  cvor  a  crisis  arrived  thai 
Ttquirea  the  exertions  of  the  ^ople^  to  slop 
the  current  of  corruption,  infamy,  and  dtspo- 
lisn*  that  seciu*>  likely  to  ovcrwhthii  thcm»  it 
is  the  present.  In  God's  luune  then  let  us 
U'M*  the  exertions— we  art*  culled  upon  by  every 
thuig  that  IS  dear  lu  us  as  men,  and  as  Chri>*- 
tians.  The  rause  of  truth  and  liberty  must 
Bnally  be  omnipoicntr  therefore  doubt  not 
tfiatthe  glorious  reign  ttf  liberty  and  equality 
will  ere  long  be  cstabh  i  modern  go- 

vcrnnienls,  with  every  <   <*f  wicked" 

ue^saiid  currupljgn,  will  Uce  in  time  from 
their  giiiial  iuHueiice,  as  beasts  of  prey 
to  their  dens  of  rapine  and  dirkiic^-s  from  the 
rising  sun.**  Cerlainivalludtng  to  that  which 
has  been  in  their  minds  frv)m  the  motneul  of 
that  midrrttsof  the  ikicicty  fur  Con^Ulutional 
Information  to  the  National  Convcntiou  of 
France^  in  which  they  represent  what  has 
passed  in  America  as  a/'/iial  U^ht,  but  that  fi 
great  and  hriiUtint  ii^fd  was  to  bMr^il  forth 
upon  man.  That  $uu  ofteaton  which  was  to 
arise  and  illunuoe  ttie  whole  world,  was  to 
come  from  llic  East --from  Fran»:e-*bcfore  the 
genial  inHuence  of  which,  modern  jsjo vena- 
roe  nts  With  every  appendage  of  wirkrtlncts 
and  corruption,  should  llec.    Th' '  '  ot- 

sibihty  of  doubting  that  in  this  t^  ;  ri- 

soNcr  has  virtually  adopted  the  prutc  amgs 
then  gomg  forward.  He  adds,  **  the  Loudon 
Corresponding  SoLiety  have  beheld,  with  in- 
dignation, the  rdi»id  ailvances  of  despotism  in 
Britain,  and  are  ready  cordially  to  unite  with 
every  other  society  in  the  three  kingdonuk. 
who  have  for  their  object  a  full  and  enecUial 
representation  of  the  people.  They  tberelbfe 
have  deputed  six  of  their  members  to  meet 
six  members  of  the  .Society  for  Conbtiiutional 
Information^  to  form  a  CominiUee  of  L'orrei- 
poudcncc  and  co-operation.  This  comuuttoe 
meets  regularly  twice  a  week  at  No.  V,  Beau- 
fort Buildings,  Htrand;* — which  you  ri:c»Ileefe 
was  the  place  where  ThclwallS  lectures  were 
dchvcfca— *•  where  any  member  dek«gali?d  by 
your  society  will  meet  with  every  lufonn- 
I J  dill  rj  qiiirrd.** 

-rr^  iherefore,tlml  the  prisoner  himself 
uu  tiie  Islo!  May,  1794,  not  th;it  no- 
thing wasdumg,  but  on  the  contrary,  that  ibc 
C'oftimittee  of  t  Correspondence  and  Co-opera- 
tion, by  means  oi  wntcb  the  whole  meawM) 
was  to'  be  cf»ccted»  were  ngularly  meeting 
twice  a  week  in  Beaufort  BuildtOgs,  wtlSfv 
any  member  delected  by  this  New«aifttte  to- 
crety  wmdd  toeat  with  avciy  infonttaiion  f©- 
quired^  ThelettercoocMeillMtt— ^' We  tc^ 
close  yiui  a  few  iif  mirreaoIii^OBs,*-^*^"^*  »nio 
Hi  our  geiiefttl  meeting  on  tha  i  'rilj 

which  will  be   Mithnrnlly  eioln  '>ij| 

»rnlimenl>   and     %irws,     \'  "Ic 

witJi  yuti  in  wishing  that  tl  ny 

and  impuT^tttcm  toay  soon  U  ll«. 

tine  ot  irut h  and  reason*'—!  ^^r«^ 

which  had  been  wwd  hf  tlicir  torit^ 

Oanllcmttu,  intervening   trans 
taken  place;   jamdjt  the 

4  N 


1285] 


Jot  High  Treatm. 


A.  D.  17!». 


[1980 


fArlimmentia)  thejT  shotild  he  opposed  by  one  j 
of  the  most  able  men  la  this  coimiry^  and  a 
niao  who,  for  a  great  number  of  y&iT%  hia  I 
constanUy  acted  ia  opposition  to  the  king*^  | 
ministers. 

They  Ihco  applied  to  Mr,  Francis,  who  has 
been  eiciunined  upon  this  trial* — Mr.  tmncis  I 
sav    '     M  them^  expricillvt  at  the  time  Ihat 
til  I  him  to   present  their  petttion, 

llwi  nc  HNcwise  disapproved  ut  the  prayer  , 
•f  thejr  peiition^  aod  that  he  likewise  »bodd  , 
oppoie  it  to  the  utmost  of  his  power.    Oen- 
tietnetii    you  wili  recollect,  that  they  con- 
cealed   from   Mr.  Francis  the    pi*rpo«iC    tor 
vl  -elilion  was  to  be  presented.    He 

WLi  ue^  that  thry  bad  no  serious  in- 

leotioniii  presenting  ihits  pelition,  and  that 
ibftir  object  was  ouiy  to  raise  <lt5ciis%ion  and 
disconteut ;  that  was  i^  ^o  degree*  repre- 
sented to  him,  nor  were  there  stated  to  him  a 
variety  of  other  cucumslances  res^pectni^  the 
trsniactioQ.  They  likewise  knew^  that  the 
Society  of  the  Irriends  of  the  People  would 
liatcD  to  no  such  measure.  The  Cone&pund- 
iogSocioty  had  artfidJy  cn^^'^  ^^  ^'^  ^'"*'»^'Mo 
keep  lip  correspond etu:e   h  of 

the  Frinih  ol  the  People^  .  .-ty 

h,!  ^  «J  the  wjciely  for  Cou&tjlutional 

Iiii  bcrjiuse  they  saw  that  the  So- 

ciety  1'  !  inlormation  was  going 

to  the  %  which  the  Friends  of 

ih'  1  -    I  I  ,         ^i.    ThL7  knew,   iherc- 

foil  ,  lUjL  Ai.  Lii  pcrsons/wha  not  only 
were  not  m  tlie  tv;ihit  of  supportiug  govern- 
ment, hut«  oil  the  (;oiitrary,  wcruio  oppoaitioo 
to   ■       ■  '        '  u  support  of,  and  in  u[>- 

p^  t,  I  mean  lu  support  of 

liiu-.-n  '■-  --■'■'■ "--!.  in 

oppoan  rw 

inatall,...  .-  , -       ii-  ^  i.i..L  vxry 

plan  ol  rt-i^^rm,  wluch  tho!»e  bciciclie^  meant 
lo  iolroduce.  Ihcy  knew,  therefore,  that 
they  could  not  hope  lo  do  any  tluug  in  par- 
iianiem,  and  thil  n  yvUfuju  to  th?  Koiise  of 


c 

)fy,  be- 

C.ii. 

that  the 

pl4U  V 

MU^aible, 

and   \ 

d,   that 

tbcy  wumu  nt. 

c<.ni':ii)t  ^\iK 

Mr.  Yurki'. 

I  he  IT  fore,   t                              at 

^h^^*r,.,iA     u  I. 

''•    -         '■• ■      M.t,        ...^,      [UV 

r 

,  and  di^iird 

I 

Mr  ^rrnn^rlY 

ri 

rll 

ill 

'■     :i.Mi- 

li 

1   by   Ailred^    Avhiih  he 

ju. 

:imc  totalJy  defaced*  li 

n 

ir^tied  the  gtiiduiil  de- 
V  in  Eu^land,  from  the 

d... 

wmmmL^ 

tonscqurnce  of  Dimish 

Wm^' 

.  and  takings  genenil 

W^' 

,  so  far  a!>  it  was  eon- 

11' 

t  of  popular  represcn* 

ii^llil^L;!    ,        iM_ 

.1.,  .. 1  ......t.„|  r^. 

nmk^  on 

iUl, 

**  Ihal  the  it 

_.-i-,., :  ,-.-  :.-,  ..   are- 

ipected  the  peopk^  was  Loi  ifrtended  to  be  a 

eomprotnise  between  the  king  and  the  aristo- 
cracy, for  the  joint  inheritance  of  the  people, 
but  to  ettabHsby  on  uneq\ii vocal  principle^ 
the  right  of  the  people,  to  grovem  themselve*, 
snd  lo  recall  those  delegated  powers  wlurh 
they  had  entrusted  to  their  servants  for  thi» 
purpose,  when  they  were  either  abused ^  of  , 
neglected  to  exercise  them.  If  the  revolu* 
lion  were  not  a  revolutiots  for  the  people,  it 
was  DO  revolution  at  allj  but  a  conspiracy  of 
a  few  ennobled  oppressors,  against  the  liber- 
ties and  happiness  of  the  many, — But,  if  it 
were  designed  to  comprehend  the  whole,  and 
iti  end  has  been  perverted,  or  purposely  laid 
aside,  the  ptople  are  noi  warronUd  in  ptti'- 
tioning,  but  art  justified  in  demanding^  at  S 
rights  agreeably  to  the  lane  of  language  used 
in  the  declaration  of  rights,  the  raiitulion  of 
cnnual  pariiaments^  and  the  cstablUhmmt  of  * 
univenat  Mvffrage.  * 

Then,  gentlemen,  he  proceeds,  in  an  ex^ 
IrcmeJy  long  speech,  to  observe  upon  the  ef- 
fects of  that  untv€r»t$l  emftncipntinn  to  w  hie  It 
he  looked ;  saying,  that  **  oppressed  nature 
will,  at  a  proper  season,  depart  from  passive 
principles;  and  should  an  attempt  be  made 
to  wrest  what  remainn  of  liberty  from  us,  I 
trust  all  men  will  concur  to  vindicate  iheir 
violated  rights ;"  and  he  cone  kid  ed  with  say- 
ing, "  Wlicu  such  a  revolution  of  sentiment 
shall  have  dispersed  the  mists  of  prejudice ; 
when,  by  the  mcessant  thunderingn  from  the  j 
press,  the  meanest  cottager  of  tnir  country  | 
shall  be  enlightened,  and  the  tun  ofreaton^^ 
of  which  we  have  heard  so  much,  ^*  thall  i Aine,  { 
in  itt/ulUU  meridian,  trver  uf,  then,  the  com«  ^ 

UA^NDIXG  voice  of  THE  WUOIK  PtOPLE  SBALL 
RECOMUEND  THE  FIVE  HUfiOBCO  4ND  PtPTY- 
LIOIITOEVTLUIEN  IN'SAI  NT  STrPUF  Ji's  CII  APLlr 

TO  00  ABOUT  THEIR  auMNESs-"  Then  several 
resolutions  were  entered  Into,  one  of  whicb 
was  :^'*  Convinced  of  this  truth,  it  is  the  opi^* 
nion  of  this  meeting,  that  the  people  ought 
to  demand^  at  a  righi,  and  not  pelUionfOt  tf 
J'avour^  far  univertul  representction.'* — *«  I'A/cf, 
ikeref&rej  ac  wilt  petition  the  House  of  Com* 
mom  nc  more  on  this  tutted.** 

It  ha%  been  attempted  to  represent  this, 
meaning,  that  they  would  petition  the  Houaft' 
jlo  more,  in  the  character  of  separate 
ties,  or  individuals ;  but  the  resolution  is  e» 
pliciL,  and  clearly  shows,  that  that  was  no% 
what  they  meant ;  for,  they  say^  **  Convinced 
of  ll)i%  truth,  it  is  the  opinion  of  this  mectin;,^ 
that  the  people  ought  tt>  demand,  at  a  righi^ 
and  not  petition^  at  a  fttvour^  for  universal  re* 
presentation  ;  that  thejie^fobc  we  will  pe/t- 
tion  the  Houm  of  Cmnmont  no  more  on  this 
iubjcct/'  The  reason  given  for  petitionuij 
no  more,  would  apply  just  as  much  to  pcti« 
tioninff,  in  the  !orm  of  n  number  of  per»on%^ 
assembled  by  delegation,  at  Edinburgh.  oi 
olxcwherc,  as  it  would  to  this  mcettn|f  al^ 
Sheffield.— Thr-'  -  -  -nrl  of  colour  of  Uieir 
proceedings,  a;  eaas  of  exciting  di 

content,  a  lonj^  ,.,-,....  ^vas  prepared  for  the 
aboUtion  pf  ibe  lUre  uvk,^ 


J 


,  1387]        35  GEOItGE  III. 

Gcnllemcn,  I  hey  speak  Ihf  n  of  the  rcjcc* 

[4ion  of  their  |>etjlion  by  the  Hm^c  of  Com- 
jipaons;  Jin<l  they  say,  '*  Our  petition  was  re- 
|4Ctved   with  the  ulino5.t  indigtiatign,  by  tiie 
LHoti^e  of  X'ommans^  which  was  no  more  than 
I  "we  expected  ;'*  and,  •*  ttlthougli  our  petition 
•vas  tli^duinliilly  rejected^  be t!sni?.c  not  couch ecJ 
I  in  language  ^uflictently  polite  and  re^^pectful 
for  the  five  hundred  and  hfty-eightgeiatlcmen, 
tviiu  hit  in  liie  House  of  Commons^  yet,  be- 
lieve usj  fellow  dlixcns,  we  are  still  of  opi. 


Trial  ofThomai  Uardif 


[1288 


the  ccnnitry ;  iind  therefore  boldiog  principles 
perfectly  incon^iatent  with  the  present  cilih 
Dljshment  of  tiie  British  government. 
.  Gentlemen,  there  are  many  other 
which  might  be  observed  upon,  but  I 
afmid  I  have  already  infinitely  too  Icm^ 
passed  upon  your  patience.      There  it 
subject  upon  which  I  have  hitherto  wud 
little-  I  mean  the  subject  of  arming,     I  co 
\  wish,  also,  if  I  had  strength  for  the  purpc^ 
I  to  say  •something  to  you  upon  the  fubject  of 


©ion,  thai  the  matter  it  contamcd   was  not    Chalk -farm;  but  I  am  really  unable  to  do  it 


^nl}'  just  and  proper,  but  we  think  that  even 
;  the  language,  which  gave  so  much  oftbncc  to 
the  hon.  gentlemen,  wa^  much  too  |K>lite  and 
4oo  niuderatc  for  us.  Fur,  if  the  House  of 
Commons  were  the  real  representatives  of  the 
|)Cople,  we  certainly  had  a  rt^ht  ta  dictate  and 


With  respect  to  the  subject  of  anniog,  as  it 
passed  at  Sheffield,  what  does  it  sliow  ?  Thil, 
by  bome  means»  the  miods  of  the  people  it 
ShefBeld,  I  mean  of  the  people  who  belonged 
to  these  societies,  were  impressed  with  U 
idea,  that  some  civil  commotion  was  to  bees* 


ftot  to  fwtaiitft.^' You  will  tind,  throughout  |  pected,  and  that  it  was,  therefore,  neee^stTf 


the  whole  of  this  transaction,  that  they  had 
now  us5»unicd,  that  they  hud  n  ri^ht  to  dtctatt\ 
MUii  not  to  petition. — And  you  c;innot  form  the 
slightest  reason  to  believe,  that  a  petition 
to  the  House  of  Commons  was  withm  their 
view. 

Tlicy  conclude  : — ^**  But  our  petition  being 
£coiiLcd,  we  shall  trouble  them  no  more  with 
«ur  coars4?  and  unmannerly  language ;— Jt 
will  be  our  duly  lo  proceed,  as  we  ha\*e  uni- 
ibrmly  done  hitherto,  in  enlightening  the 
public  miml^  and  when  a  complete  revohiliati 

,  lof  sentiment  ^hall  take  place  (as  will  shortly 
be  the  case)  in  our  country^  b^  thall  open  our 
piauthi  in  that  krj^  we  think  most  agrtmblr. 
to  ournelvei  ;  and  tmr  xmre^  togrthrr  it'ith  that 
qf  our  diifranchi%td  count r y men ^  uUl  rtutMe^ 
per  hit  ps^  the  thitndentt^s  from  Mount  Smtti,'^ 
* — ^if'lcaily  alluding  U>  the  idi^a,  that  tlic 
opinion  uf  ilie  peojue,  supporluig  a  conven- 
tion, assembled  and  acting  as  a  convention 
©f  the  people,  speaking,  therefore,  under  that 
character,  »hc  public  will,  as  described  in  Bar- 
rete'sspcech,  woold  be  irresistible;  and  that  its 
thuodenugs  would  be  in  that  key  which  the 
persons  who  composed  it  should  think  niosl 
aipreeable  lu  themselves,  and  wuuld  resemble 
tne  thunderings  of  Mount  Sinai*  Then  they 
speak  of  their  principles,  and  say,  '*  These 
essential  principles  are  butki  e^isy  and  eom- 

'  prebensive.  On  thae  ue  tfuiid  our  right  to 
repretcntatioHf  und  renotmcc  thr  idea  of  future 
fetitiom" 

*So  that  they  clearly  rrnouttce  the  idea  of 

}fuiure  petti tonit,  not  simply  /Vom  theonetrcs^ 
but  from  <im/  other  Knuoti,  ii^sumint^  their 
title  to  univ tarsal  rej  >  ' ,  ant^ 

lioias  a  thing  t<^»  Vm  .  n  :-* 

**  By  these  maxims  wo  bud  that  every  Eng- 
li&liman  is  tree,  and  that  in  the  election  of  a 
mtjpreme  nrngiitrate^  or  in  the  dehgndnn  of  te- 
gulaiive  pnwrm^  \m'  i*oncedc>»  his  actions  to  a 
certain  »>'ii  ff>r  the  express  pur 

poscofpj  from  vauUm*;  over  IL- 


for  them  to  provide  themselves  with  arms  ftr 
their  defence ;  and  I  will  take  it,  that  Ihote 
witnesses  who  have  appeared  here,  !>pokt 
perfectly  seriously  when  they  said  they  nicaol 
these  arms  only  tor  their  own  defence*  But 
the  purpose  of  Yorke,  Davison,  and  G^ileiWbo 
are  the  only  three  ]»ersons  who  appeftr  lo 
have  been  active  persons  upon  the  occasuiQ, 
was  as  completely  answered,  whether  they 
hud  anncd  those  men  for  the  purpose  ofsclt 
dr fence,  or  any  other  purpose  whulefcr,  Thty 
had  armed  them  with  a  weapon,  chetplv  ami 
easily  obtained,  and  easily  used  j  thty  kiMfW 
very  well,  likewise,  that  which  appeared  upon 
the' examination,  I  think,  of  one  of  the  wit* 
nesses  for  the  defendant,  that  ten  t^iousaod 
such  arms  might,  at  Sheftield,  be  (^brtcated 
m  a  day  ;  so  that  it  was  unnecessary  that  tbi 
actual  fabrication  of  arms  should  be  tmi&edi* 
ately  thought  of.  Nothing  more  was  \ 
thjin  to  put  the  people  in  a  train,  for  thtti 
pose  of  obtaining  arms  when  lh«y  she 
wanted.  The  same  thing  may  hr  ofa 
with  respect  to  what  passed  in  London. 

A«  to  the  letter  from  Davison,  it  i^  perfec 
clear,  although  we  cannot  trace  1^  N 

it  had  been  communicated  by  the 
some  way  or  other ;  otherwise  Edwajrdi  ne 
could  have  known,  that  the  pri toner  was  1 
person  to  apply  to,  for  a  direction  wbcrt'^ 
get  arms  at  Sheffield. 

Gentlemen,  at  a  much  ear^'  -  --^-iod, 
persons  concerned  in  this  Ir  i  .  lo 

upon   what  was  «?">"'t  r,<rv= „ 

leading  to  extrens-  ^I   aJlc 

particularly  to  the  1-  -  k  Irving,  of  the  ^ 

of  Jtdy,  1793,  to  tiie  prisoner  at  the  h«r.  III 
which  he  clearly  and  explicitly  stales,  what 
his  ideas  upon  llie  subject  were.  In  irnlittg 
thatlcllrrofthc  5th  of  July,  1t9«i  Mr.Skil* 


ving  had  it  in  his  < 
ftihinlv,  in  4  vpr>' 


non  thai,  by  ; 
,  the  whole  1 

■  -in. 


Uif  1 

£  C  I 


iMS  0  eixry  0hGi  part  of  live  t^ov»:fumem 


af  i  vLtab 


rmaaa^ 

»  II     It.'    iniMiiiM     -Tii,     v^i^i'iMPi      tUloCtflK   Vb€ 

hh  adverse  to  the  vytlem  of  rclofis, Ibcn 


UH 


1289] 


fm  tii^h  tVefljoff. 


A.  D-  1794- 


[1890 


irnght  be  easily  ftccompli'ithed  \  b<it  lo  cm  up 
deeo  »nd  wide  rooM  prejudices,  to  give  cfivx- 
tual  energy  to  the  cli<:tatl^*  iA{  truth,  iii  favour 
of  public  virlm;  Htid  natiumil  prunpcrily,  \\\ 
opfKisition  to  ^tilf,  ami  sili  u^  intciested  li^^hiLs^ 
and  lo  vviihstantl  i  wu  ihc  fioal  eiturts 

oftlte  powers  of  I  1^  ihi"  work  of  the 

wh<>l4>,  and  not  u»  ;i  jnu;  a  work  to  which 
mankind,  till  this  awful  period,  were  never 
j^t(}Uiite,  because  never  till  now  diH]^io»ed  \il% 

itemize ;  not  merely  or  oniy,  1  trust,  from 

le  smsc  of  the  common  danprr  to  which  we 
exposed,  but  from  ihc  eniiubling  prtti' iple 

universal  benevolence.  1  Ihink  the  minds 
of  all  muit,  in  the  nature  of  things  be  now 
hinied  to  more  effectual  means  of  reform — 
not  one  perBon  was  convinced  of  ihc  neces- 
sity of  it  by  the  most  convincing  argnmr^nl^ 
of  reason,  together,  with  the  mo^t  uncnnivo- 
evl  eaiprcB^^ions  of  umver«»al  de*«ire.  What 
tJien  is  to  bv  hoped  tor  from  repelilion  ?  I 
ftm  only  afratd  that  the  bow  m  England* 
ag^nsi  reform^  waftso  contraclcil^  that  m  re* 
turning;  it  may  breaks  Von  would  willingly 
team,  you  f.av,  from  us;  I  own  that  we  ought 
to  be  forward  in  this.  Wc  have  at  once  in 
great  wisdom  perfected  our  plan  of  organixa- 
tion,  and  if  wc  were  in  the  siime  independent 
state  of  mmd  as  the  people  of  England,  we 
dboiild  l>e  able  lo  lake  the  lead." 

Uc  proceed H  to  ob^orve  upon  the  conie- 
qiieocesof  that  pliiu  of  oreamzation,  which  he 
^ja  has  been  e«»tablishcd,  and  the  object  uf 
which  wa!»,  to  c^Tr-ci  the  rt^forma  which  he  had 
proposed.  He  uddh— **  The  associations  with 
yo»i  are  no  nK>rc%  I  fear— excuse  my  freedom 
^-tlian  an  aristocracy  for  the  good  of  the  pco- 
pie.  They  ;ir»»  toflecil  mode'raie.  firm,  and 
virlnoiia;  *4Tun>ctler  cannot  be:  but  we  arc 
the  people  themselves^  and  we  are  the  first  to 
show  ihai  the  people  caJi  \hA\\  jnd^e  and  re- 
solve, if  nndirrcied  by  ffliHion,  with  both  wi"»- 
dom  and  modcrntion.  1  hEiV€--«t»t  a  higher 
m^Xx  in  the  preH*'ni  exertions  for  reform^  liian 
lo  aoe  tl»e  people  universally  and  rci;ularly 
tuocialed,  because  I  am  persuaded  that  the 
present  disastrous  engsigumcnls  will  issue  in 
l\iin,  anvi  tilt-  pcopk'  itien  mu^l  provide  for 
thcnivclvi-. :  HEtd  It  would  beuni  ' 

wc  should  Ik  r^.idy  to  act  wilh   i 
bcoccupitdi*hoMi  or^aui7.ationfVVkMiv'u»  .>  i.nii, 
however,  anarchy  n>ust  euiue/'     What  can 
Ihi^  'v^k-f  ri  1,.  i.n>  .1 1 1.1  liiihiJiiiJi.M  tn  (hc  mind 
Of  iv,  in»ii, 

t+  ,^  _  i  a  stale, 

\\\  trvt  lh;it  there  wouid   he  a  di«.so- 

luL  •    whole  of   (lie  e)ii?»ling  govern- 

Bicui ;  Hiid,  if  M»ine  other  governmetU  wa.^ 
notprovidrd  m  it»  place,  that  anarchy  must 
eosue?  "  Let  us  there fori%**(>ay«i  lic)"  take 
Uie  hint  pvrn  iih  by  our  op^H>%(  rs.  Let  ns 
begin  m  cai  nest  to  m*  r  niinds  rcla- 

tWe  to  tlu*  extent  of  «  .  h  wc  ought 

to  ^ek,  to  hr  prcpiifrn  n.  jM-iily  it,  and  lo 
controvert  ohjettion'*,  I^et  us  model  the 
whole  in  tiic  pubhc  mind.  Let  \\%  provide 
4verj  stake  aud  stay  of  the  tabernacle  which 


wc  would  erect;  so  that  when  Uie tabernacle^ 
of  oppression,  in  the  palaces  of  ambition,  lire 
broken  down  imder  the  madness  and  folly  of] 
their  supporter^  we  may  thcti,  without  unar-  ^ 
chy  and  all  dangerous  delay,  erect  at  once  our 
I  T  "  i  uf  righteoiisnesi,  and  may  ihc  Lord  ' 

in  it/* 
c^yyw,  i^tntlcraen,  here  is  a  man  contem- 
plating that  which  was  likely  lo  be  the  result 
of  the  mcastires  in  which  he  was  enjT:iged, 
seeing  they  led  to  anarchy  and  confusion,  and 
exhorting  other  persons  to  he  prepared  for 
the  evcnlt  by  providing  a  plan  for  that  new 
goveinronrnt  which  he  meant  to  establish,  in- 
stead of  the  government  which  he  meant  to 
destroy.  He  then  proceeds  to  de*#cribe  what 
was  the  unfortunate  stale  of  the  Roman  go- 
vernment, after  the  nations  which  had  been 
subjected  by  it,  bad  been  left  **  like  shec|>  \ 
without  a  shepherd*'  clearly  alluding  to  that 
state  of  anarchy  which  at  that  periou  prevail* 
cd  in  Kuropc;  a  state  described  in  history  so' 
forcibly,  and  picturing  so  completely,  in  many 
instances,  the  prcneul  siluation  of  France, 
that  really  when  one  reads  that  history,  odo 
almost  imagines  one  is  reading  the  history  oC  1 
the  present  ^latc  of  Trance. 

The  letter  proceeds — •*  We  may  suppose  aa 
event  which  we  deprecate.  Nay,  should  mn 
not  be  prepared  for  every  possible  issue^  al 
the  present  unprecedented  divisions  of  man- 
kind ?  we  have  a  right  to  be  apprehensive  of 
the  abilities  of  our  own  manager*,  who  are  «o 
,  afraid  to  depart  from  precedent,  thai  like  men 
.  of  detail,  they  may  be  inadequate  to  tlic  task 
of  preserving  the  vessel  from  shipwreck,  now 
\  grappling  with  danger,  not  only  great,  birt 
I  new  and  uncommon.*'  The  letter  add*— "  if 
ll»«  present  ministry  fuil,  who  af\er  them 
stiall  be  trusted.**  It  requires  lilllc  nenettTi-'  | 
tion  to  see  the  anarchy  and  discord  which 
will  follow.  It  will  be  such,  that  nothing; 
short  of  a  general  union  among  the  people' 
themselves,  will  be  able  to  iieal.  Haste 
ihcrctbre  to  associate,  at  least  to  lie  ready  is 
a>s<»ciJite.  If  then  si»ch  a  broken  state;  of  \ 
lhm"»>  should  take  place,  the  civil  broils  thnt' 
Wfuifd  necessanly  cn^uc  would  »oon  subside, 
'  ' 'e  the  uuilrd  irresistible  voice  of  the 
Do  ncjl,  1  inireat  you,  hesitate  think- 
.M^  .(jch  a  work  premature  as  vet;  but  % 
inoiiih,  u!\d  ihrn  it  may  he  too  late,"  The 
impression  upon  this  man's  uimd,unquestion* 
ably,  was  cxtfemely  strung— an  impression 
not  at  ill,  indeed,  wannuteil  by  the  event  > 
his  idea  was,  that  the  danger  was  then  great 
—he  looked  lo  the  general  dii solution  of  go- 
vernment—he  looked  to  ;!nirchy  and  discord  , 
— be  looked  lo  civil  broils  as  necessarily  en- 
suing; and  the  only  hope  he  had,  was  in  the  ^ 
united  irrcsishble  voire  of  th«  wliole  adopting 
^    '     ■       '^  :ind  ready 

.'UL 

that 

they  cvct  took  those  mcmns  tJb^ts^iNAst^^^^iwt 


1291]        35  GEORGE  HI. 

ODtiugencies   which  might  hapjien.  which 

Jid  venter  of  tliis  letter  rccommctius,  it  Is 

lim possible  ft»r  us  to  know.    All  that  I  can 

observe  is,  that  it  you  lcM>k  into  the  report  of 

the  Committee  af  CtJiislitulion  ot  the  London 

Corresponding  Society,  I  think  you  will  find 

a  sort  of  provision,  not  adapted  merely  lo  the 

purpose*  of  a  private  society,  but  ea^ly  con- 

r^ertiblo  to  the  purposes  of  a  nation  acting 

I  under  the  ideas  which  these  societies  had  of 

I  the  proper  itumner  of  governing  a  country. 

Gentlemen,  I  will  make  one  short  remark 
j  i^n  wl\at  passed  at  Chalk  Farm,  principally 
I  with  a  view  lo  call  to  vour  attention  the  very 
I  violent  resolutions  wliich  were  intended  to 
[have  been  adopted  at  that  meeting,  by  one  of 
[the  jKirtie^— I  hkewjse  would  call  to  your  at- 
[  tentioi),  that  the  ay^tcm  of  arming  appears  (o 
I  Ikave  been,  in  some  degree,  adopted  through- 

[out as  to  what  was  said  with  respect  to 

jthe  knives  it  certainly  was  a  trilling  circum- 
J«tance,  but  the  fact  h  not  contryidicled,  and  I 
I  vould  particularly  remark  to  you,  that  a  per- 
[ton  of  the  name  of  Pearce,  was  named  speci- 
fically in  the  evidetice  of  Grove**  (whose  evi- 
I  dence  is  the  only  evidence  that  has  been  in 
I  any  degree  materially  affected)  as  one  of  the 
persons  who  were  present  at  the  transiicliun. 
He   might  have  appeared  and  contriKlicted 
I  that  assertion ;  he  nas  not  appeared  and  con- 
tradicted that  assertion,  he  therefore  must  be 
J  l&ken^  from"  his  Bilcncc  upon  this  occasion,  lo 
1  have  assented  to  the  truth  of  that  assertion. 

I  would  hkewise  observe,  that  Green,  the 
I  man  whoiA  some  respects  contradicts  Groves, 
I  iras  called  on  the  part  of  the  crown  ;  and  I 
think  that  you  will  bcljcvc»  that  those  who 
h&d  the  management  of  this  business  un  the 
[  part  of  the  crown,  when  they  called  that 
'  ipan,  had  no  idea  of  concealing  from  you  any 
'  circumstance  of  which  they  could  obtain  evi- 
dence   for   your    in  form  at)  on.    He  likewise 
himself,  upon  hb  cross-examination,  admit- 
ted  lometning  which  might  give  some  sort 
of  colour  to  the  evidence  of  Groves — but, 
}  gentlemen^  put  out  of  your  consideration  all 
I  vie  evidence  that  Groves  has  civen— put  out 
of  your  consideration  these  Knives,  and  a 
f  thousand  other  little  trifling  circumstances — 
[  yoM  will  6nd  all  the  parol  evulcnce  given, 
^  confirmed  by  the    written  papers — you  will 
find  not  one  word  of  that  parol  evidence  con* 
I  tradicted,  except  so  far  as   tlie  evidence  of 
Green,  one  of  the  witnesses  on  the  part  of 
the  crown,  contradicts  the  evidence  of  Groves, 
another  witness  on  the  part  of  the  crown,  in 
this  single  circvmtslantc— at    the  same  time 
[  that  hundreds  and  hundreds  of  people  might 
^have   contradicted  the  greatest  part  of  the 
I  parol  evidence  which  has  been  given,  if  it  had 
'  teen  thought  i*tf'e  for  ihe  prisoner  to  bring 
those  persons  to  the  bar. 

You  will  likewise  recollect  the  paper  of  the 
lniaudOul«>^  which  was  certainly  an  incite- 
arm,  exactly  upon  the  same  principle 
'fldch  was  proceeded  upon  at  S>hef- 
t%^  the  pcot>lc  ta  provide  arms  for 


Trial  qf  Thomas  Hmrdg 


[12JK 


self-defends — Ihe   persons   who    «o    incited 

them,  having  no  reawn     '    t,      -  f  ■    .^ 

them  lo  arm ,  for  any  pa  r 
moment,  but  simply'  foi  luc  pui>' 
vidin§  with  arms  the  persons  w 
meant  afterwards  to  make  use  of,  ^.. .  u  ..  ,,jg 
t lie  power  to  refrain  from  telling  them  the 
application  which  they   meant  lo   roiike  of 
them,  till  the  moment  when  it  would  be  eoft- 
venient  for  them  to  do  so« 

Gentlemen,  I  have  addressed  you  beyood 
my  strength. — I  feel  myself  unable  to  w 
any  thing  more,  though  I  am  wdl  persua4ea« 
indeed  L  well  recollect^  there  are  many  things 
I  meaat  to  have  slated,  which  I  have  not 
slated*    To  the  utmost  of  ray  power,  1  hive 

done  my  duty.— I  tru^t  you  will  H ^  -* 

It  is  certainly  very  harsh  to  our   ;  •> 

be  compelled  lo  press  against  u.\*j  .  m 

a  case  the  event  oi  which  may  be  the  termi- 
nation of  his  life. — You,  gentle men«  are  t« 
give  your  verdict,  according  to  the  truth  of 
ths  evidence  laid  before  you. — If  that  should 
enable  you  to  give  a  verdict  of  acquittal,  I 
have  no  doubt  that  you  will  give  it  wuh  joy, 
— If  it  should  compel  you  lo  give  a  conlraiy 
verdict ;  bitter  though  ihe  cup  may  be^  you 
may  not  pass  it  from  you.    You  ha.  h 

duty  to  perform  ;  you  must  tax  yo 
ings ;  you  must  perfurm  it.    I  havr 
which  I  have  found  not  only  diffii 
but  painful  to  my  own  feelings.     I  * 
deavourcd  to  discharge  it  failiifuily.    Han 
done  so,  I  wUl  now  trouble  you  no  longer. 

Lord  Chief  Justice  Et^re. — Wc  aie  nt  iht 
seventh  day  of  this  iriaf ;  and  it  *  '*- 

now  lo  sum  up  this  great  and   *  t 

cause.  Is  it  expected  or  wished,  vii  lite  part 
of  the  prisoner  particularly^  and  also  cm  the 
part  of  the  prosecutor,  that  the  whole  of  thii 
written  evidence  should  be  repealed  to  the 
jury  ?  or,  would  it  be  satisfactory  to  every 
bocly,  that  the  parol  evidence  only  should  t>e 
summed  up  to  the  jury,  that  they  should  be 
left  to  their  recollection  of  the  written  cri* 
dence,  together  with  the  production  of  such 
parts  of  the  written  evidence,  as,  in  tlia 
course  of  the  summing  up,  it  mav  aonfit 
to  me  to  be  necessary  to  have  ret 
If  it  is  at  all  the  wish  of  the  prison  ti- 

rular,  or  the  counsel  for  the  prisoner,  or  li  it 
is  insisted  upon  on  the  part  of  the  proMv^nior, 
I  shall  not  at  all  regret  the  cip'  ny 

time,  or  bodily  fatigue,  as  far  ai  »t 
cessary  for  me  persunally  to  l     '  -I 

woidd  willingly  spare  the  ju-  '>- 

cause  their  labour  has  bccri  ^f 

I  were  to  go  through  the  wl^  fi 

evidence,    I    am    v-v^'    .cm  t 

should  only  load  t  ^i. 

collection  of  a  m^r  it 

were  stated  again  to  '  :i 

truth  be  less  pn  pirr  d  t  i- 

lions  that  I  jf 

ihc  evidence  ^  J. 

Mx«  Attorney  U«nc^a/.--Uu  Uic  |>4it  «t  lUi| 


I 


1293J 


far  High  Tmuon^ 


A.  a  Vi 


[1294 


vrosecutioo^  »i  appeari  to  me,  that  I  cannot 
better  cx»nsull  the  interest  of  llie  public,  lliaii 
to  leave  the  execiition  of  this  duly  to  that 
^scrction  which  presides  here. 

Mr.  Efikine,—i  shall  not  express  my  own 
tentiment,  because  the  attorney- general  has 
expressed  niy  jjentimcnl  completely.— 1  leave 
it  entirely  to  the  discretion  of  your  lordship ; 
and  Mr.  Hardy  desires  me  to  state  his  confi- 
dence in  the  justice  of  the  Court,  and  to  ex- 
press hh  acquiescence  tn  the  mode  your  lord- 
shjp  proposes. 

Lord  Chief  Justice  Eyrt,  —  Then  I  will 
take  that  course. — If,  in  summing  up,  there 
is  any  paper  I  should  not  state,  which  the 
counsel  on  either  side,  and  particularly  the 
counsel  for  the  prisoner,  should  think  may 
throw  light  on  wnat  I  do  state,  if  they  will  be 
ad  £Ood  m  to  put  me  in  mind  of  ii^  as  I  go  on, 
it  aball  certainly  be  read. 

st;itMt:co  T7r« 

Lord  Chief  Justice  £j/fv.— Gentlemen  of 
the  Jury ; — ^I'hc  prisoner  at  the  bar,  Thomas 
Hardy,  stands  indicted  for  that  he,  together 
with  John  Uorne  Tooke— John  Augustus 
Bonney — Steward  Kyd — Jeremiah  Joyce — 
Thomas  Wardle^Thomas  Holcroft— John 
Richtcr^Matthew  Moore— John  Thclwall— 
Hichard  Ilud^son,  and  John  Baiter — has 
compassed  and  imagined  the  death  of  the 
kin^ :— the  language  of  the  charge  is — 
*'That  they  conspired,  compassed,  imagined 
and  intended,  to  stir  up,  move  and  excite  in- 
surrcction,  rebellion  and  war,  against  the 
king,  witlim  this  kingdom  of  ^reat  IJritain, 
and  to  subvert  and  alter  the  Icgii^lature,  rule 
mnd  government  therein  eslabli'ihed,  and  to 
4epo^  the  king  from  the  royal  state^  title, 
power  and  government  of  this  kingdom ;  and, 
to  bring  and  pal  the  king  to  death,  and  to 
fullil,  perfect,  and  bring  to  cfiecl  their  trea- 
DS  and  treasonable  compassings  and  imagi- 
tions  aforesaid,"  they  comntitled  several 
-overt  acts,  which  are  chRr-  '  "is  indict- 
ment—The  first  overt  m  **  their 
meeting,  con^ulling,  conipu.i.i;  u..u  ns^iceing 
to  cause  and  procure  a  convention  and  meet* 

injg    of     the      klnrr's      vnhjetl^    Uj    I"'       .v^-   rnhlcd 

within    th«  .    with  ju  in 

order  ihit  *  .♦  mi  ig   II  ied, 

ni  'Ui  ojjd  m  dcliunce  of  (he  autho- 

liv  tft^t  the  will  o(  the  parliament, 

vciljiiU'  ^o  lobe  subverted  aiid 

red,  thr  ^  rule  und  government 

•li<^  'a  depose,  and  cause  to 

ht  from  the   ruval  state, 

IH  '  ''        :'" 

\\  **  writr 
If.  —■''-'- 

an 

%i' 
1< 

h 

f—    .  _  atS, 

Cnc«^Ui4g€(UCliU  ^ikl   i*Jtk;£bb4ii>Ull|    U*  B]OVe^ 


induce  and  persuade  tlie   king^s  subjects  la 
choose,  depute,  and  send,  and  cause  to  bw\ 
chosen,  deputed,  and  sent,  persons,  an  dek>  » 
gales,  10  cootpose  and  constitute  such  cou-  \ 
vcniion.'* 

The  third  overt  act  charges  them  "  witK 
meeting,  consulting  and  deliberating  the  mora 
Ti  hIiK  nni|  rtftfctually  to  a^ssemble  such  con* 
!  liic  ir^ilorous  purposes  aforesaid, 
*'  -the  calling  and  asscmbhngfiuchcoDw 

veniicju,  and  how,  when,  and  where  the  sama 
should  be  assembled  and  held,  and  by  what 
means  the  subjects  of  our  said  lord  the  king 
should  and  might  be  induced  and  moved  to 
send  persons,  as  delegates^  to  compose  and 
constitute  the  same." 

The  fourtli  overt  art  charges  them  with 
*^  consenting  and  ap;re6ing,  for  the  same  pur*  i 
pose,  that  Jeremiah  Joyce — John  Augustus 
Bonney — John  Home  Tooke — Thomas  War- 
die— Matthew  Moore— John  Thelwall— Johar 
Bailer— Richard  Hodgson — John  Lovetl — 
William  Sharpc,  and  Jolm  Pearson,  should 
meet,  confer  and  co-operate  amone  them- 
selves, for  and  towards  the  calling  and  assem- 
bling such  convention.*'  i 

The  fifth  overt  act  is  for  "  causing  and  prtH 
curing  to  be  made  and  provided, and  consenting^ 
and  agreeing  to  the  making  and  providing  of  j 
divers  arm  sand  offensive  weapons;  that  istosay 
guus,  muskets,  pikes  and  axes,  for  the  purpose 
of  arming  divers  subjects  of  our  said  lord  the 
kin^,  in  order  and  tu  the  intent  that  the  sama 
iubjecis  should  and  might,  unlawfully,  for- 
cibly,  and  traitorously  oppose  and   wiihsiaud  < 
our  lord  the  kinp,  in  the  due  and  lawful  exer* 
cise  of  his  royal  power  and  authority,  in  the  ' 
execution  of  the   laws  and  statutes  of  thia  ^ 
realm,  and  should  and  roieht,  unlawfully,  tor- j 
cibly,  and  traitorously  subvert  and  alter,  and  < 
aid  and   iaissisi  in  subverting  and   altering, 
without  and  in  defiance  of  the  authority,  and  < 
against  the  will  of  the  parliamcnl  of  this  king- 
dom,  the  legi'^lature,  rule  and  government ' 
eatfihiiJihi'd  in  this  kingdom,  and  to  depose,  \ 
and  to  liid  and  assist  in  deposing  the  king  i 
from  the  royal  slate,  title,  power  **md  govertt- 1 
ment  of  ihii  kingdom," 

The  vixth    ov^erl  act  charges,  «  meetm^, 
conspiring  and  aj/recing  to  raise,  levy 
make    an  insurrection,    rc*>eHion    and 
within  this  kingdom,  against  the  kuig." 

Tlje  «^ercTttfi  overt  nrx  charge»^  the  **  meft 
ng  and  agreeing  ta  I 
]"&«  to  lie  subverted  J 
.!e  iind  govern^ 
ium,'ana  loj 
to  i*L  ur  1-vp.va,  tlic  king 
.  title,  power  and  governmeii 

vert  act  charges  these  i 

ig  and  composing  divers  1 

>',  iettem,  detlarations,  instnicticns, 

IIS,  ordrr5,  addresses  and  writings, 

and    wiii  '^»«  same,  coataiaiiig 

therein,  i  uuragcmenta  and  mx* 

hortatioDs  u^  muvc,  mducc  aod  pemadc  the 


1295]        35  GEORGE  IIL 

«ubjecis  of  our  Baid  lord  llie  king,  to  aid  tnd 
^sisi  in  carrying  irilo  effect  such  traitoroiti 
jtubversioo;  alttraiion  and  detH»sition,aiKl  also 
cenlidning  therein,  intormation^  iij^tructiun& 
and  dirccUims  t<*  the  subjects  of  our  said  lord 
the  kmg^  LoWf  >wben  and  upon  what  occiifions 
I  he  tmitorous  purposes  last  aforesaid,  should 
and  might  be  carried  into  efiect.'* 

The  ninth  overt  act  charges  the  **  pro- 
curing and  providing  arms  and  offensivp 
vvaponSy  (to  wit)  gun$,  inuBkets^  pikes  and 
sxe^y  therewith  to  levy  and  wage  war,  insur- 
rectioa  and  rebellion  againiit  our  said  k>rc) 
Ihe  ki|ng|  within  this  kingdom/' 

For  tlie  present,  gentlemen^  you  win  attend  to 
the  evidence,  with  a  viev*  only  to  the  establisii- 
snent  of  some  or  other  of  those  fai: Is  which 
are  so  charged  as  overt  acts,  the  j;cneral  effect 
of  the  evidence  I  shall  take  occasion  to  state 
to  you,  with  observation*  upon  il,  when  I 
,  come  lu  slate  the  whole  of  the  evidence  to- 
gether. 

The  firsit  witness  that  was  called,  after  the 
written  evidence  was  in  a  great  measure  gone 
through,  wai*  William  Caniagc,  who  said,  be 
was  a  member  of  the  society  at  Sheftield ;  that 
he  became  so  the  latter  end  of  the  year  1791 ; 
Ihal  he  acted  at  secretary,  he  believes,  five  or 
six  monllis  ;  be  ceased  to  act  in  that  capacity 
about  the  latter  cud  of  Aprd  or  May  last — he 
used  to  sign  the  letters,  which  were  often 
written  by  others — the  bii.^ine*s  of  the  society 
was  nianagal  by  diftcrent  persons— there  was 
a  conuiiittee^ — the  leading  pcrsonsof  the  com- 
mittee were  one  David  MarUn,  who  used  to 
attend  the  conmiitlee  ;  John  Allcock,  George 
Widdlson  and  Mattliew  Lodwin — they  were 
^rs^ns  concerned  in  writing  these  letters — 
that  the  professed  *>bject  they  had  in  view^ 
was  a  parliamentitry  reform— that  they  chose 
Matth«w  Campbell  Brown  a  delegate  to  the 
Scotch  Convention,  and  that  tie  was  sent  to 
Brown  at  Edinburgh,  by  the  Society  to  carry 
hini  cash,  lie  says,  lijtre  whs,  at  tirst,  ki 
parliamentary  reform  proposed  to  be  brought 
about  by  petitioti  to  parliament.  Bemg 
asked  what  was  their  next  mewsure^  supposing 
their  petition  was  rejected,  he  said,  he  never 
heard  any  other  specitic  plan»  proposed  by 
Mr.  Yorke^  or  pointed  out  by  him. 

He  sa^  s,  the  society  was  threatened  to  be 
dispeiMjd  in  their  meetings,  by  the  people  of 
hlicltield,  by  the  oppiisile  party  j  that  they 
llioughl  it  necessary  that  they'  should  have 
arms  lor  their  own  defence ;  and  he  approved 
,of  it ;  he  did  not  see  any  harm  in  the  business ; 
bit  they  hud  a  right  to  be  armed  for  their  own 
defence,  against  any  ilk^gal  attack  from  that 
party,  ail d  to  prvtcct  their  meetings ;  this^  he 
rtiudt  was  the  general  idea  amongst  a  great 
f^  who$«  names  lie  could  not  mention  at 

Qtp  be    |»avK.     Mr     Viirk*^    annrnvrfi    I  he 

♦    He  wa^ 

^  it  was  iih-  :  s 

|1.  11  re  a»  a  witness,  wh« 

fot^r ;  an  well  aaht  l., 

whu  iiuidc  tlmt  blade  of  %ht  |Mke ; 


■1 


Trial  of  Thomas  Hardt/  [IS96 

he  t&id,  he  heard  nothmgof  any  other  aorl  of 
arms^  and  nothing  of  arms  in  any  ..tb^r  r^.,,^ 
try ;  he  ^id,  he  tiid  not  know  ol  it 

being  made,  cxceitting  three  <J' 
j  were  made,  he  believes,  by  HiU  :  he  »ayi| 
he  saw  a  pike  handle  at  VViildison*s;  it 
was  about  eight  or  nine  o'cloi'k  at  ni^lit,  whra 
he  went  to  Yorkc's  about  it ;  that  iiu  perxin 
was  present. 

He  savs,  he  was  af  tfic  meetiitg  upon  the 
Castle  llili,at  8hc(TicId;  thai,  at  that  time, 
tht-'re  Was  no  recommendation  of  arot^.  Ht 
i^ays,  he  knew  Davison,  whd  was  dervMit  t» 
Gale ;  and  he  also  knew  Robert  Mood  v.  Yorb 
recommended,  that  parliament  shoulid  not  be 
fietitioned  ;  he  heard  of  an  a(ldre«^s  to  liK 
[►eople ;  lie  says»  tliiit  Y'orkc  was  drawn 
m  a  carriage, without  horses;  he  heard 
disapprove  of  the  Scotch  Oaveniigfi ; 
t bought  the  people  were  very  niicli 
pared. 

He  proves  a  letter  produced*  tr»  l»e 

Davison*s  hand,  addressed  to  Utrdy,  and    

nc  had  sceti  it  in  Davison's  po&scjaion  m 
Shefheld,  Davison,  be  says,  came  ori^biltv 
from  Leeds ;  and  he  acted  as  secretanr  « 
Leeds.  He  says,  he  desired  thfilt  kUcrtan 
Hardy  might  be  directed  to  Mn'  *  — :  \}it 
said,  the  proper  secretary's  nanv  -^ 

Broomhead,  was  struck  out,    \  ^    .u^j 

thought  some  letters  to  tiie  5l  r  i  i  had  been 
intercepted-  He  said,  Moodv  j  lU  imudlti  y* 
thfpc  dozen  pikes;  they  w«te  sotuewhrre 
about  seven  feet  loo^  made  of  fir  ;  tht  bbd» 
about  ten  inches ;  they  were  about  the  mate 
shape  as  a  bayonet,  flirted  and  pointed ;  limt 
were  rvooe  shafted,  that  he  knew  of,  of  m 
other  shape;  one  was  mude  liefore,  wbiuh 
was  not  of  that  shape  ;  and,  as  well  ai  be  le- 
collects  it,  that  one  was  sltowo  lo  Y'oike.  Uv 
said,  that  Davison  is  gone  olT.  He  b  iudc<ed  m 
to  a  night  cat ;  lie  &ays,  he  knoWA  what  it  hi 
it  slandM  four  wa>s;\hc  ip-  ''"  *  ^  t  «ys  ii, 
to  act  against  cavalry,  by  I 
the  street— This  t-  <«^  .»^i  - 

Upon   hii^  cro 
parliamentary  rel      ^ 
equal  representation  in  llie   H*i 
mons;  he  had  no  idea  of  any  tli 
dilated  against  the  king's  inaje^ity. 
House  of  Lonls  ;  there   never  was  acs 
dual  of  the  society   had  any  ftuch  tli 
they  had  no  idea  of  carrying  Ibcir  rrXotmiA 
by  force ^  i>r  to  overthrow  the  inciinalloal  tf 
the  people  at  large,  iind  the  indiliBikO  ^ 
parliament     *  -^  '  ' 


ice. 
says,  • 

:i  nwie 

■.  UK 


tlMWgpr 


he 
member,  U  theri 
if  tlieti*    T'  M  -    : 
lor  tun.  I 
honour 
would  : 

He  i.u  ,. 
fore  he  si|n< 
tinned  to  d( 
secretary,  tt 
saw  no  tea 


:hll 


aurl  y    Uicy 


CiEktttSDOid  i 

'..I-  [y  iif  tbe 

<     ihiunc*  lit 

I  sooety* 

'_'   i^i>rrt  1^ 

-a* 

i  hr 

•»Fi  ^ 

i<dd«l» 


1297] 


for  High  Treason. 


A.  D.  1794. 


[!998 


threatened  with  interruptions  in  IMarch,  1794 ; 
lie  never  heard  that  the  prpposed  convention 
vr^s,  to  put  down  thekin^and  the  parliament, 
and  to  take  upon  themselves  the  functions  of 
government;  the  Sheffield  Society  thouj^ht 
tliat  the  Scotch  Convention  would  petition, 
antl  that  the  House  of  Commons  would 
attend  to  the  application  of  a  lar^  num- 
ber when  a  small  number  of  individuals 
night  be  neglected ;  that  he  should  have 
thought  himself  the  most  abandoned  of 
mankind,  if  he  had  continued  a  member  of 
tlie  society,  if  they  had  taken  up  such  senti- 
ments ;  he  said,  he  had  never  any  reason  to 
believe  that  there  was  an  intent  to  destroy 
the  constitution.  He  said,  they  were  afraid 
of  the  opposite  party  making  an  attack  upon 
them ;  tliey  thought  what  thev  were  doing 
WIS  legal;  they  had  uo  intention  of  arming 
against  the  king  and  parhament ;  he  would 
not  have  remamed  another  day  in  that  so- 
cietv,  if  that  had  been  the  use  intended  to  be 
made  of  these  arms;  but  he  thought  they  had 
a  right  to  have  arms  for  their  own  defence, 
upon  the  Bill  of  Rights,  against  any  of  those 
people  that  might  attack  them :  Yorke  said  it 
was  so.  lie  could  not  take  upon  himself  to 
tell  what  the  delegates  of  the  convention 
meant  to  do.  He  believes  it  was  the  cheap- 
ness of  the  article  that  recommended  the 
pikes.  As  to  the  cat,  he  did  not  know  that 
any  were  made  from  the  model ;  he  had  seen 
some  years  ago,  something  of  that  kind  at 
Newcastle ;  and,  as  he  recollects,  as  to  the 
time,  it  was  some  time  about  the  American 
war ;  the  letter  alluded  to  in  this  man's  evi- 
dence, is  addressed  to  '^  Citizen  Hardy,  No.  9 
Piccadilly,  London." 

"  Fellow  Citizen  ;  the  barefaced  aristocracy 
of  the  present  administration  has  made  it  ne- 
cessary that  we  should  be  prepared  to  act  on 
the  defensive,  against  any  attack  they  may 
command  their  newly-armed  minions  to  make 
upon  us.  A  plan  has  been  hit  upon,  and  if  en- 
couraged sufficiently,  will,  no  doubt,  have  the 
effect,  of  furnishing  a  quantity  of  pikes  to 
the  patriots  great "  enough  to  make  them 
formidable,  the  blades  are  made  of  steel  tem- 
pered and  polished  after  an  approved  form  ; 
they  may  be  fixed  into  any  shafts,  but  fir  ones 
are  recommended  of  the  girt  of  the  accom- 
panying hoops  at  the  top,  and  about  an  inch 
more  at  the  l)ottoni ;  tne  blades  and  hoops, 
more  than  which  cannot  be  properly  sent  to 
any  great  di>tance,  will  be  charged  one  shil- 
ling ;  money  to  he  sent  with  the  orders.  As 
the  in«litulion  is  in  its  infancy,  immediate 
encouragonipnt  is  necessary.*'  They  have 
struck  out  **  Orders  may  be  sent  to  the  secre- 
tary of  the  Shctficld  Constitutional  Society. 

**  SheffU'lJ^  (Sinned)  llicnARD  Davison." 
«  April  24,  1794."^ 

**  To  prevent  post  suspicion,  direct  to  Mr. 
Robert  Moody,  joiner,  Cheney  Square,  Shef- 
field.   Please  to  forward  the  enclosed.*^ 

The    witness  says,  Davison  might  have 

VOL.  XXIV. 


the  same  views  for  the  people  in  Tendon  as 
the  witness  had  in  Sheffield;  he  says  the 
pikes  "would  cost  about  twen»y  pence.  Being 
asked  if  he  ever  heard  of  such  a  place  as  the 
Tarrot  in  Green  Arbour  Alloy,  London,  he 
says  he  does  not  know  any  thing  of  it. 

The  next  witness  is  William  Broomhead, 
he  is  a  cutler  at  Sheffield,  and  was  a  mem- 
ber of  the  Constitutional  Society  there  at  its 
first  institution  in  1701 ;  he  says  he  did  not 
know  that  he  was  one  of  the  twelve  who 
were  associated  with  the  London  Constitu- 
tional Society ;  he  has  some  idea  of  a  letter 
having  been  written  that  they  might  act  in 
conjunction,  but  never  heard  of  the  associa- 
tion ;  he  was  secretary  of  the  society  in  Shef- 
field for  the  last  five  months  before  he  was 
apprehended,  which  was  in  April ;  he  saj'S 
the  object  of  the  society  was  a  parliamentary 
reform,  by  meeting  and  endeavouring  to  en- 
lighten each  other,  and  to  spread  the  know- 
ledge of  grievauces,  that  they  might  unitedly 
apply  in  tne  most  unexceptionable  mode  for  a 
reform  of  parliament;  the  term  universal 
suffrage  he  did  not  hear  of  till  the  Edinburgh 
Convention ;  he  says  he  knows  Yorke,  who 
sometimes  eoes  by  another  name,  by  the 
name  of  Redhead,  he  resided  at  Sheffield  se- 
veral times ;  he  cannot  tell  exactly  how  Ion?, 
the  last  time  might  be  six,  seven,  or  eight 
weeks.  The  witness  knows  Gale;  he  says 
Yorke  used  to  attend  the  weekly  meetings 
during  his  last  visit  at  Sheffield,  but  he  was 
not  a  settled  inhabitant  of  the  place ;  that  he 
was  considered  as  a  man  of  considerable  abi- 
lities, and  an  orator,  and  treated  with  respect ; 
he  said  he  wrote  several  pamphlets  at  Shef- 

,  field  ;  he  used  to  bring  parts  of  them  to  be 
read  to  the  society  at  these  meetings. 

I  The  society  held  these  meetings  m  a  small 
and  in  a  large  room ;  there  was  an  elevation 
for  the  speaker,  which  some  called  the  pulpit, 

I  some  the  tribune;    from  this  tfibune  Mr. 

I  Yorke  addressed  the  society.    He  was  at  the 

I  meeting  upon  the  Castle- hill,  Mr.  Yorke  was 

'  there,  and  expatiated  very  largely  upon  the 
corruptions  which  had  crept  into  the  consti- 
tution, or  rather  the  evils  complained  of;  he 
says  his  manner  of  speaking  son»ctimes  car- 
ried him  farther  than  he  ought,  he  was  pecu- 
liarly energetic,  fiery,  very  warm,  very  htrone:, 
Lut  that  he  said  nothing  contrary  to  the  law 

I  and  constitution. 

He  says  it  was  settled  at  a  previous  mect- 

I  Jng,  that  he  the  witness,  should  make  a  mo- 

i  tiou  for  a  petition  to  the  House  of  Commons, 
in  order  tnat  it  mijyjht  be  over-ruled,  for  the 
purpose  of  introducmg  another  motion  in  its 
place ;  he  says  he  made  his  motion  and  it  was 
objected  to,  with  a  view  to  the  introducing 
another;  he  says  there  were  foiur  of  tlieni  of 
thecommitU'e,^himself  and  three  more— that 
several  people  were  assembled  ;  the  new  mo- 
tion was, to  petition  his  m^esiy,  it  was  drawn 
up  before  they  assembled,  for  a  rctbnn  in 
parliament;  that  Mr.  Yorke  addressed  ih»* 
people,  tliat  the  petition  wa*  «i\\vv^  V^vAvfNx 

i      4  O 


1299]        35  GEORGE  UI. 

to  eari  Stanhope,  but  he  did  not  think  fit  to 
present  it ;  they  afterwards  agreed  that  Mr. 
Yorke's  speech  should  be  printed ;  it  was 
printed  and  ptiblishcd  at  Sheffield ;  a  printed 
copy  was  sliown  to  the  witness,  he  believes 
that  which  is  now  produced  was  one;  there 
were  some,  he  says,  to  be  had  at  Mr.  Gale's 
shop;  he  says  at  their  private  meetings 
copies  of  ibis  were  directed  to  be  sent  to  se- 
veral persons;  several  packets,  to  the  amount 
of  twenty-four  or  more  were  wrapped  up  sepa- 
rately, put  in  a  box,  and  sent  to  the  prisoner. 

The  witness  says  he  was  applied  to  by  one 
John  Allcock  to  become  secretary ;  he  says 
he  had  nothing  else  to  do,  that  the  war  had 
destroyed  his  business,  and  therefore  he  ac- 
cepted it;  he  heard  a  report  of  arms  in  Shef- 
field ;  that  other  people  met,  but  he  purposely 
avoided  meddling,  in  thought  or  act,  with  any 
matter  of  that  sort ;  he  heard  of  arms  in  the 
society,  a  few  days  before  this  meeting ;  it 
had  been  spoken  of  as  the  right  of  the  sub- 
ject to  have  in  their  power  the  means  of  de- 
fence ;  he  says  a  spurious  hand-bill  had  been 
published  in  the  town  ;  he  says  that  the  hav- 
ing  arms  was  spoken  of  as  a  right,  he  thinks 
it  was  after  the  meeting  at  the  Castle- hill; 
he  says  it  was  at  a  puhHc  meeting  of  the  so- 
ciety; there  were  several  other  people  who 
were  not  members  of  the  society,  they  were 
introduced  by  members  as  visitors ;  he  says 
he  never  saw  a  pike  till  he  was  brought  to 
London,  but  that  pikes  were  talked  of;  he 
saw  a  model  of  a  night  cat,  which  was  only 
like  a  play-thing  for  a  child,  that  it  had  four 
soikes,  one  Charles  Rhodes  produced  it ;  that 
the  conversation  about  it  was  not  a  serious 
one,  but  he  considered  it  as  the  act  of  a  child, 
and  it  was  talked  of  in  a  careless  idle  way. 

He  says  he  remembers  Yorke  saying  we 
were  in  a  low,  despicable  situation,  and  rather 
than  submit  to  it,  he  would  go  up  to  London 
with  the  people  that  were  there;  this,  he 
says,  he  thinks  was  before  the  talking  about 
arms;  the  reason  for  his  remembering  this 
passage  was,  the  pain  he  felt  at  hearing  any 
thing  of  that  sort  said,  for,  he  says,  that  for 
himself  he  fears  God  and  honours  the  king. 

He  says  that  he  has  seen  a  pamphlet  of  the 
sort  of  this  that  was  now  produced ;  that 
upon  the  Fast -day  the  people  assembled  at  the 
.top  of  the  town,  that  there  were  a  thousand 
or  two  thousand,  and  that  they  acted  as  des- 
cribed in  that  paper.  The  paper  was  found 
upon  Hardy  by  Mr.  Lauzun,  and  proved  by 
this  witness,  it  is  an  account  of  the  Fast  day 
as  observed  at  Shcflield,  and  of  a  serious  Lec- 
ture which  was  held  there,  the  title  of  it  is 

"  Fast  Day  as  observed  at  Slieflield,  a  serious 
Lecture  delivered  at  Sheffield,  February  the 
28th,  1794,  being  the  day  appointed  for  a  ge- 
neral fast;  to  which  are  added  a  Hymn  and 
Resolutions.'' 

The  lecture  turns  upon  the  destruction  of 
Ae  priests  of  Baal.    The  hymn  does  not  seem 
^  have  aoT  iLibg  very  necessary  to  be  stated; 
•e  are  tfceie  stanau  \u  it ; 


Trial  of  Thomai  Hardy  [rSOO 

**  O  Thou  whose  awful  word  can  bind 
*'  The  raging  waves,  the  raging  wind, 
"  Mad  tyrants  tame,  break  down  the  lugh, 
''  Whose  haughty  foreheads  beat  the  sky; 

'<  Make  bare  thine  arm,  great  King  of  Kings, 
**  That  arm  alone  salvation  brings ; 
"  That  wonder-working  arm  which  broke 
**  From  Israel's  neck  the  Egyptian  yoke. 

"  Burst  every  dungeon,  every  chain, 
*<  Give  injured  slaves  their  rights  again ; 
"  Let  truth  prevail,  let  discord  cease, 
"  Speaks  and  the  world  shall  smile  in  peace.'* 

The  Resolutions  are, 

"  Resolved  unanimously,  "  1.  Thai  war, 
the  wretched  artifice  of  courts,  is  a  system  xi 
rapine  and  blood  unworthy  of  rational  beiogs, 
and  utterly  repugnant  to  the  mild  and  bene- 
volent principles  of  the  Christian  religion.'' 

'^  2.  That  if  the  present  war  be  a  war  of 
combined  kings  against  the  people  of  France, 
to  overthrow  that  liberty  which    tliey  are 

I  struggling  to  establish,  it  is  in  our  opinion  a 
war  of  the  most  diabolical  kind. 
'*  3.  That  when  public  fasts  and  humilia- 

.  tions  are  ordered  with  the  same  breath  which 

I  commands  the  shedding  of  oceans  of  buroan 

.  blood,  however  they  may  answer  the  purposes 

[  of  state  policy,  tiiey  are  solemn  prostitutions 

•  of  religion." 

I  "  4.  That  the  landing  of  Hessian  troo|»  in 
this  country  (a    ferocious  and  unprincipled 

!  horde  of  butchers)  without  consent  of  parlia- 
ment, has  a  suspicious  and  alarming  appear- 

'  ancc,  is  contrary  to  the  spirit  of  our  constitu- 
tion, and  deserving  of  the  marked  indignatioQ 
of  every  Englishman/- 

I  **  5.  That  it  is  high  time  to  be  upon  our 
guard,  since  these  armed  monsters  may  in  a 
moment  be  let  loose  upon  us,  particularly  as 
the  erection  of  barracks  throughout  the  king- 
dom, may  only  have  been  an  introductory 
measure  to    the  filling  them    with  foreign 

I  mercenaries." 

j  **  6.  That  the  high  and  freeborn  minds  of 
Britons  revolt  at  the  idea  of  such  a  shfish 

j  system,  and  cannot  be  so  far  broken,  is  to 
kiss  the  hand  which  would  chain  them  to  its 

'  will. 

I  "7.  That  peace  and  liberty  are  the  off- 
spring of  Heaven,  and  that  life  without  them 
is  a  burthen." 

"  8.  That  the  thanks  of  this  meeting  are 
due  to  earl  Stanhope  for  his  motion  anu  spi- 
rited speech  for  acknowledging  the  Frciich 
republic,  and  restoring  peace  to  our  distressed 
country,  for  his  motions  and  able  speech  ia 
behalf  of  the  persecuted  and  suflfcring  patriots, 
Messrs.  Muir,  Palmer,  Skirvine,  and  Mar- 
garot,  in  which  he  nobly  stood  alone,  sod 
also  for  the  whole  of  his  truly  animated  sml 
benevolent  exertions  in  support  of  the  iqjiBtd 
rights  of  the  people." 

*'  9.  The  thanks  of  this  meeting  are  als» 
due  to  Mr.  Sheridan  for  his  nervous  and  do- 
quent  speeches  in  the  cause  of  injured  f*- 


1501] 


Jiyr  High  Treason. 


A.  D.  1794. 


[1302 


triolism,  and  in  support  of  the  constitution  ; 
ausd  also  to  every  other  member  of  parliament 
who  has  nobly  stood  forward  at  this  impor- 
tant crisis  in  support  of  the  constitutional  li- 
berties of  Englishmen." 

"  10.  That  if  any  thing  had  been  necessary 
to  have  convinced  us  of  the  total  incfiicacy  of 
argument  against  a  ministerial  majority,  the 
decisions  which  have  latelv  taken  place  in 
parliament  would  liavc  fully  confirmed  our 
opinion." 

•'11.  That  therefore  the  people  have  no 
remedy  for  their  grievances  but  a  reform  in 
parliament ;  a  measure  which  we  determine 
never  to  relinquish,  though  we  follow  our 
brethren  in  the  same  glorious  cause  to  Botany 
Bay." 

In  the  next  page— "The  London  Corres- 
ponding Society  united  for  a  Reform  in  Parlia- 
ment —  Committee  Room,  March  20th, 
1794— Resolved,  that  the  society  approve  the 
sentiments  contained  in  the  serious  Lecture 
delivered  to  the  Constitutional  Society  at 
Sheffield,  on  the  twenty- eighth  of  last  month, 
and  eamestlv  recommend  it  to  the  perusal 
of  all  who  think  civil  and  religious  liberty  a 


**  Resolved,  that  the  commanrling  a  gene- 
ral fast  for  the  purpose  of  imploring  the  Di- 
vine Father  of  mercy  and  peace  to  support 
and  prosper  us  in  the  horrid  act  of  deliberately 
destroying  our  fellow-creatures,  is  repugnant 
to  the  true  spirit  and  principles  of  Christianity, 
where  we  are  commanded  to  pray  for  our 
ienemies,  &c.  and  farther  considermg  that  a 
great  part  of  the  people  are  unacquainted 
vcith  the  nature  of  the  present  war,  either  as 
to  its  justice  or  necessity,  every  endeavour 
being  used  to  keep  them  ignorant  of  the  real 
principles  and  designs  fur  which  it  was  com- 
menced, to  approach  and  to  supplicate  the 
Omniscient  Puwer  under  such  circumstances, 
and  for  such  a  purpose,  must  iudeed  be  dread- 
ful, since  knowledge  and  conviction  are 
wanting ;  the  worse  than  hypocritical  hearts 
of  those  who  are  the  authors  of  such  a  mea- 
sure,  although  they  at  present  impose  upon 
the  ignorant  and  credulous  by  such  detestable, 
such  pretended  show  of  devotion,  cannot  es- 
cape the  chastisement  of  that  Power  whom 
they  thus  insult,  and  from  whose  judgment 
there  is  no  appeal. 

"  T.  IIarot,  secretary." 

The  next  paragraph  is :— "  Society  for  Con- 
stitutional Infurmatiun,  March  21st,  1794. 

"  Resolved,  that  the  secretary  of  this  so- 
ciety be  directed  to  write  to  the  Friends  of 
Peace  and  Keforin,  at  Sheffield,  and  to  assure 
them,  that  this  society  views,  with  pleasure, 
their  steady  exertions  to  obtain  a  fair  repre- 
sentation of  the  peuple  of  Great  Britain,  in 
parliament,  and  the  proper  methods  which 
they  have  taken  to  employ,  usefully,  tliose 
days  which  may  be  appomted  for  public  fasts. 
'*  D.  Adam Sy  secretary .'' 

This  publication;  and  the  resolutions  thus 


entered  into,  on  the  Fast-day,  at  Sheffield,  re- ' 
ceived  the  approbation  of  both  societies,  the 
Constitutional,  and  also  the  London  Corres- 
ponding Society. 

William  Broomhead  goes  on  with  his  evi- 
dence : — he  says,  that  the  society  consists  of 
about  six  hundred ;  that  they  never  amounted 
to  many  more ;  tertainly  not  to  two  thou- 
sand, they  had  been  represented  to  be  of 
that  number  in  some  papers,  which  led  to 
this  explanation.  The  distribution  into  di- 
visions, or  sections,  was  not  regularly  kept ; 
that  they  were  to  meet  as  they  thought  pro- 
per ;  but  that  they  were  to  collec  t  a  penny  a 
week  each,  to  make  a  fund;  he  says,  that 
that  part  of  the  business  was  not  properly  at- 
tended to;  the  district  meetings  were  not  re- 
gularly and  properly  attended  to. — lie  says, 
that  a  gentleman,  from  Halifax  read  the  lec- 
ture, and  that  the  pamphlets  were  sold,  but 
they  had  not  a  very  extensive  sale ;  the  wit- 
ness himself  composed  a  prayer  that  was 
used  upon  the  occasion ;  the  copy  was  deli- 
vered to  the  printer,  and  it  was  settled,  at  a 
private  meeting  of  some  of  the  members,  that 
it  should  be  so  printed. 

They  next  go  to  the  proceedings  at  Shef- 
field, in  the  open  air,  on  the  seventn  of  April. 
1794,  which  are  also  in  print,  and  were  found 
upon  the  prisoner,  which,  I  think,  should  be 
read  to  you. — I  have  only  to  observe,  at  pre-  > 
sent,  upon  this  paper,  that,  as  to  the  general 
libellous  turn  of  it,  nothing  very  material  to 
the  present  question  arises,  but  that  there  is 
one  passage  in  the  petition,  which  may  be 
very  material  for  your  consideration,  where 
he  talks  of  an  impending  storm,  connecting 
that  with  the  date,  which  is  the  seventh  of 
April,  1794,  it  may  be  hercaller  matter  for 
your  consideration. 

[Seepp.  613,  e/s^y.] 

I  thought  it  necessary  that  the  whole  ot 
this  paper  should  be  read,  because  the  paper 
has  been  very  much  relied  upon  in  the  cause, 
and  because  diflcrent  constructions  have  been 
put  upon  it  by  the  counsel  in  support  of  the 
prosecution,  and  by  the  counsel  on  the  part  of 
the  prisoner:  the  importance  of  it  is  not 
drawn  so  much  from  its  general  extravagance, 
as  it  is  from  the  particular  circumstance  that 
it  purports  to  resolve,  that  the  body  that 
were  then  assembled  at  Sheffield,  would  peti- 
tion parliament  no  more,  and  would  try  some 
other  course;  what  was  meant  by  petitioning 
parliament  no  more,  and  what  was  meant  by 
trying  some  other  course,  will  be  a  subject  for 
your  deliberations  when  you  take  this  i)aprr, 
with  all  the  circumstances  that  preceded  it, 
and  that  followed  it,  keeping  in  your  minds, 
that  this  is  a  paper  which  was  published 
among  a  very  numerous  set  of  people,  assem- 
bled at  Sheffield,  just  about  the  time  that  the 
proposition  for  a  convention  of  the  people 
was  under  consideration,  in  a  committee  of 
correspondence  and  co-operatioo  of  the  tw<i 
societies,  the  Coti^VViAiot^uA  Cw\«.ys^^ 


^^ _        _        pie  against  ihe 

:icty :  it  WAS  a  rgfl  to  Uie  people  to  arm 
ajrainal  foreij^n  and  domestic  enemies;  Uwl 
tile  advL'fbc  parly  to  iiim,  and  hU  friends^  al 
Slicffiekl,  liud  givtin  out,  that  they  sliould  be 
able  to  do  nuiUUig  wilti  him,  nor  bU  parly, 
the  society,  till  they  could  causa  a  riot ;  that, 
from  llus,  he  understood,  that  arms  came  to 
be  Uilked  of;  that  il  was  to  oppose  illegal 
force,  suth  as  had  heeu  used  at  Birminghiim, 
atid  at  Mancliesiter ;  such  as  was  against  the 
bw  of  the  land;  he  says.  Gale  had,  in  his 
hand,  the  hand  hill,  at  the  time  they  were 
talking  of  amis;  and  there  were  several  re- 
solves printed,  iti  his  paper,  the  week  follow- 
ing, being  a  direct  answer  lo  it,  mentioning 
something  upon  the  matter 

Being  a:»ked,  if  any  ot  the  people  in  this 
society  to  which  he  belonged,  had  any  idea  of 
making  any  attack  upon  the  king,  or  the 
House  of  Lords,  or  had  any  idea  of  altering 
the  government,  in  thai  respect;  he  says,  it 
was  as  much  his  intention  to  fly  to  the  sun ; 
he  says,  his  object  was,  to  enlighten  the  people; 
to  show  them  the  ground  of  all  their  com- 
plaints  and  sufferings,  when  a  person  worked 
lor  twelve  hours  a  day,  and  could  not  get  a 
living ;  that  was  what  he  understood  oT  it; 
their  object  was  parliamentary  reform;  as 
such  liicy  corref^ionded  with  the  Society  of 
the  Friends  of  the  People,  as  wcU  as  the 
Cons^liiulional  Society ;  he  says,  he  would 
not 'have  been  a  member  of  this  society,  if 
there  hud  been  any  idea  like  that  of  attacking 
the  Kmg,  or  the  House  of  Lords;  he  does  not 
think  there  was  such  a  wicked  man  among 
them;  that  parliamentary  reform,  in  the 
House  of  Common?,  was  their  abject ;  thai 
the  idea  was,  that  King,  Lords,  and  Cummous 
'~"  ,  vutli  Ihe  concurrence  of  the  nation, 
a  rcftinn;  that  no  one^  in  Sheffield, 


being  «3 

have  beti. 

some  part  in 

that  they,   ti 

I'eoplc,  were  liu: 

promised  ton<e 

were  not  ^a* 

about  the  Iv 

the  haiiil-i^'.  1    h  ;.!    !,.    ;.    j, 

they  puMi-l.*';i  a  r-  'JiU'.  :    ^ 

they  took  ihc  same  v^otd 
advertisement,  as  hi*<l  b< 
hand-bill,  an^  t  .  i  ;.  :  - 

calling  upon 

invaders,  ami  ^«u..m  -iiv  vnt 
He  was  askcd^  as  he  k 
thrcatenctJ,  whclh'- ''  h-^r.^j 
had  applied  to  u 
He  stales  that  ( 
I  active  members  nt  this  t 
papers,  and  th^Al  ttie 
domg  It;  by  which  he 
they  were  more  vinleijii 
been ;  that  they  wiuketi 
having  a  good  opinion 
that  the  resolutiti 
sian  troops,  was  l^ 

bill;  he  knows  liuuungi 
that  was  sent  at  the  time  I 
responding  Society,  bjr  13 
any  thing  of  it,  tiif  he  was 
his  exanaaatioQ  he  for 
He  says*,  he  cannot  ans* 
was  in  this  society;  if 
men  among  all  bodie 
Davison,  ithe  seat  ilie  1 
his  knowledge.  There  ' 
lions  of  the  date  of  the  I 
,  1794,  of  theConstitutiui] 
1  iwcuiielh  of  Murctu, 


1303] 


Jqt  High  Treason. 


A.  D.  1794. 


[IS06 


was  quite  fall ;  there  were  between  sixty  and  a 
hundred  people ;  that  Yorke  took  his  leave  of 
tiie  society  by  a  speech;  that  he  talked  of 
going  to  some  place,  which  he  called  Bcl^i" 
um ;  that  he  understood  him,  he  was  to  head 
Um:  French  army,  and  that  they  would  be  ripe 
for  a   revolution   by  Christmas ;  what  was 
really  said,  how  this  man  must  have  misun- 
derUood,  we  cannot  very  well  guess,  but  to  be 
sure  it  could  not  have  passed  exactly  as  he 
understands ;  and  what  he  meant  by,  *'  they 
would  be  ripe  for  a  revolution  by  Christmas ;" 
whether  he  meant,    that   the    part   of  the 
world,  where  he  was  going,  would  be  ripe  for 
a  revolution,  or  whether  he  meant,  when  he 
came  home,  they  would  be  ripe  for  a  revolu- 
tioDy  does  not  at  all  appear,  by  this  man's  evi- 
dence, anv  way  that  you  can  depend  upon ; 
but,  he  adds,  that  he  hoped  to  come  to  Lon- 
don, at  the  bead  of  them  ;  that  is,  I  suppose, 
the  French;   and  he  talked  of  having  the 
honour  of  being  a  member  of  the  convention, 
in  France ;  he  noped  he  should  come  at  their 
head,  hither;    that  the  society  would  join 
them ;  that  Mr.  Pitt*s,  the  other  ministers', 
and  the  king's  heads,  should  be  upon  Temple 
Bar ;  that  the  king  and  queen  of  France  had 
met  with  what  they  deserved ;   that  the  Sans 
Culotes  were  a  set  of  brave  fellows ;  and  he 
hoped,  when  he  came,  that  the  societv  would 
not  shrink  from  what  they  pretended  to  be; 
he  said,  it  was  impossible  to  do  any  thing 
without  some  bloodshed ;  he  said,  that  there 
were  a  set  of  brave  men  at  Sheffield. 

lie  says,  that  the  niglit  before  this  conver- 
sation passed,  there  was  a  man  at  the  meet- 
ing, who  came  from  Shetiield,  who  said  there 
were  pikes  at  Sheffield,  at  six -pence  a  piece; 
another  man  answered,  that  it  would  be  right 
to  have  some ;  it  would  only  be  living  upon 
bread  and  cheese  for  one  day.  After  this  the 
witness  says,  he  went  and  discovered  wliat  he 
knew  to  Mr.  Dundas,  and  the  lord  mayor, 
for  he  thought  it  was  proper  government 
should  be  let  into  the  light  of  it ;  he  was  first 
asked  to  go  to  their  place  by  a  friend  of  his, 
one  Smitti,  a  delegate ;  he  was  asked  to  be 
niadc  a  member ;  lie  was  there  seven  times 
in  all;  and  this  is  the  whole  of  his  evidence. 
You  see  the  substance  of  it  is,  he  gives  an 
account  of  a  very  extravagant  conversation, 
supposed  to  have  been  hcla  by  this  Yorke,  at 
the  meeting ;  what  you  will  make  of  it,  is  for 
you  to  judge. 

Upon  his  cross-examination,  he  says  he 
was  a  linen  draper;  he  resides  now  at  the 
Rose,  in  the  Fleet  Market ;  that  it  was  at  the 
latter  end  of  the  year,  1793,  when  a  friend 
asked  him  to  go  with  him  to  one  of  those 
divisions;  thai  VVhitehorn  said  Smith  had 
asked  him ;  that  Smith,  Ashley,  and  Baxter, 
were  there ;  that  nothing  hap|>ened  to  offend 
him  that  night;  some  papers  were  read; 
Whitehorn  had  belonKccl  to  a  Society  in 
llolboru,  which  the  witness  did  not  know  till 
ai^rwards;  that,  for  hU  part,  he  nevtr  wished 
lor  a  relcrm  in  parliament;  be  aidd,  ttiat  he 


had  read  a  paper  which  they  ^ve  him,  to  two 
or  three  of  his  friends ;  he  said,  he  went  the 
second  time  to  see  what  they  were  upon ;  that 
he  had  not,  at  the  first  time,  been  desired  to 
so,  but  that  he  had  been  twice  after  he  had 
been  at  Mr.  Dundas's;  he  says,  they  all  shook 
hands  with  Yorke  at  parting. 

lie  says,  he  is  not  now  in  emplovment,  and 
has  not  been  since  May;  he  had  been  a  few 
months  at  Mr.  Kellerby's,  in  Finsburv-square, 
who  was  a  linen  draper  then ;  he  has  since 
let  his  shop  to  another  person,  and  carries  on 
the  tayloriug  business ;  he  had  been  before  at 
Mr.  Faulder's,  a  linen  draper's,  in  Holbom, 
almost  two  years ;  he  says,  he  was  lately 
engaged  with'  a  Mr.  Marley,  in  liolborn ;  he 
left  him  on  Friday  last,  telling  him  he  was 
going  out  of  town ;  the  reason,  he  says,  foi^  * 
doing  that  was,  that  he  thought  of  going  to 
Shemeld,  and  it  would  not  be  convenient  to 
pretend  to  remain  in  place,  when  he  could 
not  stick  to  it.  lie  was  asked,  what  passed 
the  other  nights  ;  he  says,  he  has  no  parti- 
cular remembrance  of  any  tiling;  but  the  third 
or  fourth  nicht  he  saw  Yorke;  he  heard  Yorke 
say,  he  had  been  to  Newgate  to  see  Mr. 
Fmst;  he  never  heard  Yorke  mention  any 
thin^  about  pikes,  and  he  says,  he  does  not 
think  Yorke  was  at  the  meeting  the  night 
that  the  pikes  were  talked  of. 

Gentlemen,  if  much  depended  upon  the 
credit  of  this  witness,  there  certainly  arc  some 
observations  that  go  to  his  discredit,  upon  this 
cross-examination ;  at  the  same  time  he  is  not 
contradicted  as  to  the  facts  which  he  has  sworn, 
by  any  person  that  comes  from  the  division ; 
it  is  not  possible  to  say,  that  his  evidence  is 
not  to  have  regard  paid  to  it,  having  regard  to 
it,  still  you  wiU  take  it  with  those  allowances 
that  you  ought  to  make  for  an  acaiunt  of  the 
sort  that  this  man  has  given,  which  is  not  very 
correct,  and  not  very  intelligible,  in  every  part 
of  it ;  it  does  seem,  upon  the  whole,  if  his  evi- 
dence is  to  be  depended  upon,  that  Yorke  was 
at  this  meeting;  that  he  was  then  going  some- 
where, and  he  talked  extravagantly,  and  of 
coming  to  London  to  head  a  revolution,  some- 
time about  Christmas,  and  hoping  the  society 
would  join  with  him,  when  he  did  come ; 
what  is  to  be  the  etlcct  of  that  upon  the 
whole  of  the  case,  you  are  to  judgp. 
Thomas  Whitehorn  says,  he  is  shopman  te 
'  a  bookseller;   he  became  a  member  of  the 
j  Ixmdon  Corresponding  Society  the  same  even- 
ing with  the  last  witness ;   he  says,  he  was 
there  four  times ;   he  saw  Yorke  there  one* ; 
'  there  might  be  from  forty  to  sixty  people ; 
another  says,  i  think,  frum  sixty  to  a  hundred ; 
the  room  was  full ;  Yorke  seemed  to  be  very 
well  known ;  he  made  a  very  lung  speech ; 
he  heard  him  speaking  very  loud  ;  what  it 
was,  he  cou'd  say  nothing  at  all  to,  hut  he  did 
.  understand  something  of  his  going  abroad ; 
I  he  himself  hail  lived  with  Mr.  Owen,  in  Fleet- 
street  ;  afterwards  he  went  to  a  Mr.  Bagstcr, 
in  the  Strand;  he  taw  Aleimoder  after  i^^- 
but  that  he  hlviMK  W!\  ^Soib  tMR^i^^Xl 


rihe  king  oi  rrLtuce;  he 
>aw  him  at  Uic  t'as>ile-liill,  iu  the  nionUi  ol 
April;  lie  used  lo  dress  his  hair.  It  waA  the 
tMlfipikMlk  uHhc  town,  at  the  time  Ibc  armi 
Sfst  Mg^n  inukm^,  and  he  nude  a  dozen  of 
pike  shufis  for  Gale ;  thkit  Yorke  inquired 
when  they  were  made  ;  when  he  had  fjni<»Jied 
one,  he  curried  it  to  Yorke,  and  askrd  him,  if 
it  wtiuld  do ;  he  said,  ^-es ;  iie  took  about  a 
dozen  and  a  half;  that  Mr.  Wilkinson  look 
thcni ;  he  under?»tuod  ihc;^  vcre  to  be  used  in 
their  own  ddence.  Yoike  u^ed  to  s*y,  he 
wanted  iinivcri!al  suBVage,and  that  the  society 
were  all  for  that;  he  says,  there  was  not 
much  dispufin^  about  the  mode;  that  «tome 
weeks  before  Yorke  kft  Shefhcld,  he  (the 
witness)  di^asrecd  with  him  about  this  uni- 
versal siitVraL;f ;  he  told  him  he  thought  the 
plan  would  not  do,  that  they  would  cany  it 
i'"«  i^r '  u,  wliirh  Yorke  said.  **  I  have 
ng  else  will  do  i*  he  says, 
1  I;  they  difFered  in  senVi- 

ment|  an<i  bad  no  more  conversation  about  il 
— he  said,  he  expected  to  be  paid  for  the  pike 
handles  by  the  people  who  took  them. 

Upon  his  cros^-examinalion,  he  said— that 
he  wa^  a  friend,  in  general,  to  the  king — that 
Ihc  society,  iu  general,  were— that  be  would 
i>ot  have  conlinued  in  the  society  if  he  thought 
they  were  not— that  the  first  notion  they  had 
vi  univcrsul  suffrage  was  taken  from  the  duke 
of  Richmond's  plan,  which  was  read  in  the 
society,  and  gcnemlly  ap^irovrd  of — he  never 
\ini]cr'*too<i  that  il  was  meant  to  do  any  thing 
by  force— that  he  did  not  ihink  the  people's 
iniiids  were  prepared  fur  it  (by  which  I  under* 
bland  hmi  to  mean,  prepared  for  the  plan)—  j 
h«  thott|;ht  ftl  firnl  tlial  it  inij2;ht  be  done  | 


was  a 


ness  renhed,  that  he  ho[ 
such  idea;   that   if  thei 
arm  themselves  in    thcji 
ihcrefure  they   thi.n^^Ji 
thtmsclvcs,    He  i 

ncvtr  mode  a  pan 
hatl  no  thought  oi   any 
sort— he  says,  that   Vj 
get  warm  in  convct 

speak,  but  he  had  no   

was  not  well-alVccied  t©  lh« 
to  Davjson*^  IritT,  he   kn 
and  he  1 
who  g;* 

This  1?^  Liie  MTM 
of  this  pbn  of  re  i 
it  was  ;  ami  t-  ^ 
high  rankai. 

and  who  havi  .,..,..  ..,.^  ,,, 
debate  and  promvilg.ite  the 
the  political  s^late  u(  the  ci 
commit  them  to  the  press  in 
this  was  commivtea  ;  the 
which  is,  that  it  is  in  the  p 
to  disperse  them  to  any  « 
meitns  they  find  their  way  i 
persons  loo  often  uneqiiiU 
examining  and  discussing 
they  beconte  by  tUnl  mea 
infinite  mischief  to  tl^ 
this  is  the  general  h 
reform,  that  has  thus  i*juu< 
minds  of  the  lower  orders  ot' 
say,  a  lesson  that  I  think  t 
property  ought  never  to  f*urg;< 

Gentlemen,  the  next  vvu 
Hill,  a  citUer  at  St  ^ 


i'  -II  -.•  .•      ■•  xr.     » 


«  -  *»wr 

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VJ4.V  ■      ,'    /    ,.,       ;:.,  ..      \-  •...     ;;v  ;.-.■. 

*^   l//f  u^-t    '    *  •    t   .         \     f ;        •'■' 

•>l«-        ''•#,••       /        ,•*;  ,    ■-*    .  ;j  •    .^       ,        .    -    ,        .  .       ,    -f 

«««,  ,/    f  ■/,  ••  # '.,     „    „*    ■■ '  '  .    •     -.  .  •;    ';■,   V   v! 
"ir.*  ftt,    .      /'  ,     •'••<//••      '  •■.  ,'1   *    r-  >^^  /    ■, .  - 

'I  I.'    f'.*t,'       .  4  I  •    ,'  *    *ii:  if,".'      r;  '■  ;;  ','':!'';- 
/;.»«   ,     f.«    .I**' r.'J' ■:       •    '/•:,*:•.    ''.r.'.i  *♦' ';   of 

*>»>/,!*':•    .|»,',l,'        .  ,•      *.'     *   ..  !.,/      *\*-.'   'J.i^t',\      f#-* 

»*ifr#«'t  rf  I    I..'   r,'  »/    i.'.»  .-.-.K' •■.  ^   »  ..I'll''.  h'l'J 

iW  *     .I*     '    '.II    ;.    '.f,      :»»ii1^    tl   «  -,       hi  •*'    ."[/i'jV'J 

*f»/r".r'I.   t'f    /:*  ii?',r»    fi»i.l':.r.v-,   t/,  'Hi':!-  '  kfi'J  not  j^ive   it   rriv.-T,  c-riurnioa>  inJ   *ca:;- 

"'II'       J'l'    ' '.f   ;i'»ii'!.::;'    .'.'.'ty  /l'[iii»':'l  'Ui 01  is  as  it  is,  aii'l  (lescrv:;!^  cvtry  j' i:u?.'> 

fi-/»  J.' I  'If,-.  »'#  ;i»»«  ,,/|   !.».':  <o;t  ■.»!»'!  iiM.'.il  -o-  Mir-fit 'A'hich  thc  law  ca!i  iiitlict. — Trie  wii:i'">6 

'lii/,   ").'.  .i|.|.«.M.f<'t  SI/  [.M.'in*.;  ;ih<.r'.^ar'i>i  •■avH,  ii*:  tii inks  he  received  it  in  (Jctobtr '.v 

Wi'  /  Mill  .  iliii  'l.'i*   v/.j  i  ;i  *l«f,.ii/-  .il»',ijt  ttt#j  ;  Nov*:ri.hf.T;    if  so,  prob«ibiy  what  he  received 

Willi'    ;' .  ij"  .i»  III'  ;m  hi  f.il  ";iiiMiilt'*f.  (if  Ho-  |  WIS  fiot  lUU'd  thc    Ist  of  April,  as  this  pjper 

If.f/iiif »,  It  It  I  /'.ill  :iijfj  li.ixtfi  v.|,/,ki;  I  i  lion  tliHt  I  is,  hut  WHS  (lilted  the  SOlh  of  January  ;    that 

fill. .ill  .  ili«ii    n.%-.  .1  f|f|,ii!i-^  ;i1mi,  ;iliout  th«;  !  datf! a^vrr-es  with  the  subject  you  see,  and  is 


4'.    •         1 

' ^   '.  -i  r..  1  •     -^" 

-- 

r.'.  f .  ■  . 

.  r 

:    .  : 

...--'.  *.  -:     ..  :  "  i 

.- 

.'.;rr.  *  ■ 

-.'  ' 

.--  .  *;.«.&  ,■■  -..:.. 

_ 

:.-..',  .'. 

'.' 

.' .  - 

1.      ■.-•.*  .'.:  .t:  - 

Ti'-.rU  . 

.••. 

•    f. 

Ir.'soor-  :^e:'- 

-ir 

r.':ef.».  ■• 

t' 

i.r  -. 

• ,  r^.r.tr:*-    vrri  . 

.'.* 

*p.rrfry 

■*  ■*; 

.-.:,  i:.:f  prj-^*iiff 

.- 

\\  AXuiW 

e: ', 

.r,-,.' 

l*ri*.or-,  w.'.ich  y-y 

<'jliv..n-. 

d.i 

'. ';  .t 

•.;.4l  Afrijni  vi:.:c:i 

11 

an 'J  not 

give   ,t 

rriv.'*:,  c-nurnioa> 

■1 

ihiiliil     '/111.  ii  w»  If  III  hi-  pr(;M:nlf:f|  to  ihf:  juiy 
whif  hiifl  III  ijiiillf  il  r.ulriii. 

•  ••  *"'>"  '•"  ^"*  |iii«i««nt  nt  ihf   itif'ctiii^  at 

•  fmiii  ,    I  hill  tlir  iiif.rftiipr   wuh  to  have 

W  III  Stiirf  Nirnoi, 'rotUiiiluiiu.coiirl- 


not  unlikely  to  have  been  the  real  date  of 
thiH  paper ;   whether  he  is  correct  in  saying 
he  received  it  in  the  month  of  October  orNo 
vcmlier  will  depend  upon  his  recollectioD. 
He  says,  that  from  Chalk-fttfm  they  went 


13]S] 


Jar  High  Trmtm. 


A.  D,  179i- 


L13I4 


ta  Coropton- street,  where  hi*  divisioti  used  to 
meet ;  they  '        '       id  there  till  eleven 

o'clock;  Ih  . — He   says,  that 

there  w,4»  h  niLtuu^'  uiui*  the  id  of  May, 
1?94,  *t  ihc  Crown'  and  Anchor- tavern,  at 
which  he  was  j*res€nl»  havni«:  a  Ikktt  i;ivcn 
him  hv  Mr.  Joyce  for  Ihe  unnlversary dinner; 
tlmt  tfic  address  from  tlie  Gluhe  tavern  Wii^ 
reaiJ  before  dinner  at  that  meeting*  and  dis- 
tribiile^i  afterward*;  the  paper  which  he 
spoke  ot,  tie  received  at  Ihc  I  hrec  \\\xi%  on 
Snow  hili,  whieh  was  after  the  ^oth  of  Jh- 
niiary :  therefore,  1  iinppo?»e  that  paper  was 
the  sicldreM  hum  the  Gione-tavcrn,  according; 
to  his  former  evideucc,"* he  says,  he  has  been 
at  Thetwall's  [etlurcv— tliai  the  otice  of  pikes 
wa^  to  be  a  ^lnilmg  for  each  blade. 

He  w'd'i  liskfd  kis  to  Go>hn«^  and  Hillier — 
he  saysi,  he  knk*w%  lheo> ;  ihey  came  to  his 
father's  house  on  the  Monday,  he  mmtioncd 
before  there  having  been  a  iiiccttii|cappoifiteti 
in  Green  Arhour^LOiirt,  to  lay  down  money 
for  the  pikes  ;  tiie  meeting  was  postponed  to 
the  following  Fridtty.— While  Go^hnLC  and 
UiLtier  were  with  him  they  heard  Itiat  Hardy 
wa*  av  I  (that  accounts  for  their  not 

having-  ,1 ;    he  did  undrrst*ml  tbey 

Hietnt  tu  iui\L' .illPiid' d  thr  :  *  7  on  the 
Friday— that  fir  wm^  recunn  1   shafts 

to  T>-— r-''-^— 1--       <  ^  piUi.   u. liimself: 

\v  upon  the  Wednesd.iy 

all  was  in  custody,  being 

•fraui  It  should  be  fuund.  He  wa%  a^ked  if 
he  had  a  ma^jic  larithom  ?  he  &hd  he  bad 
one — that  it  had  nothini;  hut  the  destmction 
of  the  Basititc  and  the  beheading  the  governoi 
painted  on  it, — He  fays  he  knows^Uillkr; 
that  he  had  a  pike,  but  not  of  the  same  con- 
struction as  his. 

tJpou  his  cro«s  cxifini nation  he  snysi  he 
became  a  member  of  the  Corresponding  So- 
ciety la^t  Jidy  was  twelve  mouth  ;  that  \\tt 
inaJea  pike  b>r  himself  in  m^^'  ><  1 791— he 
aay»  be  neard  Vorke  at  Uol  -house 

aay,  that  they  had  pike**  at  ^  and  he 

Miya,  he  untlerstood  ihatRevcrdi  mem  hers  hud 
fuTnwhi*d  them^^clvcs  w»th  arms— be  jwys,  it 
vi'1%  just  about  the  lime  the  He»*<»}iU  troops 
had  oren  l»inded  without  the  consent  of  par^ 
liament;  but  he  Mys  he  had  no  inienlion  to 
use  Ibe^ic  arnv*  d^ainHi  Hie  irovernmont  of  the 
cciii  V  '       ■  '      '       ''        me  who 


Hi 

t-  aft«  he 

Sa^i",    »M'   nui 

.>      MMU-*.     M        Ml     V    .l-C        Xhftf 

»hould  he  ixu 

aspersions  of  Ihc  meet. 

in^i,  n<  1^    > 

I*  '-<l   |H>wer»  btil  unlv 

df^amvi 

L)   them;    thai   a 

great  ih 

id  been  shown  to 

tlieir   meeting*  whirn  they  propoifed  to 
ciate> 

He  lays.  Hardy  wa*  always 
the  divition:     h*»  nrvrr   it*^\ 


i»hieb  h«  produced  ;  he  says*  he  doe*  not  know 

V  ■'  '''  :.'  that;  he  does  not  think 

^  ed  of  it;    the  first  bill 

vv.i.  u.  .;..ui;*ri  cujuun.  Hc  undcrstood  Har- 
dy knew  who  the  persons  were  to  whom  he 
wtts  to  bcnd  for  pikes  ;  hc  says  that  the  pikea 
were  made  at  the  time  the  Hessian  troops 
were  landed.  He  had  notice  that  there  were 
Home  spirited  Resolutioos  by  the  ShcflScld 
Society;  he  learnt  it  from  a  book  he  pnr» 
chafed  at  Eaion*s  shop — He  says  that  his 
society  met  without  the  use  of  any  weapons 
for  two  years  previous,  to  that  time ;  but  he 
heard  that  a  di*isiun  in  Bnnhill-row  bad  been 
often  interrupted  by  the  polite  officers. 

Nowj  liie  malena,l  fact  upon  this  J'oting 
man's  evidence  with  regard  to  the  prisoner,  is, 
that  it  adduces  pretty  sirons;  proof  that  ihft 
Idler  had  been  received  by  Hardy  from  Davi* 
son^  and  that  be  had,  in  fome  ^ort,  acted  upoit 
it ;  whether  he  had  proposed  it  publicly  at  tho 
division,  or  no,  yet  that  he  had  ^uch  a  letter, 
und  couid  tell  them  where  those  pikes  were  to 
be  gf»t ;  in  con*e(|iience  of  that,  he  made  an  ap- 
plication to  Hardy ;  and  in  consequence  of  < 
I  ^>Hlion,  there  was  to  have  been  s 

I  the  J^arroi  in  Gr».'en  Arlnjur  court, 
^v  H  [  1    .     ^^  j^j^^.g  Dikes  were 

ht  \u\  .    certainly  connects 

Hiirdv  .u.  ..«^.i.  |'>r.v .,  r>o  far  as  ttiat  Iransac* 
lion  goes. 

The  next  witness  is  Sanmel  Williama; — h6 
says  tt€  is  a  ^un  engraver;  thai  hc  wu:i  n 
member  of  the  London  Corrtsponding  Society; 
he  knew  Frankio^*;  he  saw  hmi  m  his  owu 
hon^r  ;  he  was  also  a  member  of  the  C«»rres- 
pondrnj;  SfM.ifty;  that  Pranktow  lud  applied 
to  him  to  make  some  arms  lor  him  ;  Im  saw 
the  fea^t  advertised,  ami  went  to  Hardy  for  a 
ticket ;  Hardy  naid,  il  wai*  uol  nsiml  to  give 
tickets  to  those  who  were  not  me«ubers  ;  he 
gave  bim  one  of  the  addrebsCs,  and  iard, 
it  wa%  fur  a  reform  in  piirhiMient.  The 
witness  says,  he  j^ave  Hardy  ah  order  forsomc. 
fch*H"i,  which  Hardy  made  ;  and  then  he  told 
Hardy,  he  was  10  a  line  for  celling  giin^; 
Hardy  desired  him  the  next  time  he  came,  to 
hnnji  a  gtm  wuh  bun ;  hc  brojtrht  him  one; 
H«mly  sold  it,  he  then  gave  Hardy  tn  order  for 
31  pair  of  boots;  Htrdy  bid  him  brmg  two 
or  three  E;uns  whieh  he  siild  likewise;  and 
t  was  in  rhe  house,  which   wa*  not 

I  he  prisoner  was  apprehended. 

.1'  ^M^,  hf  Knows  Spt'nrc,  at  Little  lAirti- 

»t4ie;  he  h;\cl  i^crn    h  rank  low  there;  hc  went 

tn  Sin  111  I  '\  t.,  iii-pr.K  I  pcr^otrs  m  the  m;imiai 

tof  Mr.  1  ranklow;  that 

t  'lie  or  two  pair  of  stjiirj 

room,  lietwpen  rij»hi  and  ten  m  the  >•  veiling; 

anrl  hii  thinks  that  the  ctirtaiii^  of  ifie  roofn 

♦own  ;  they  used  to  meet  on  Thursday 

Ki»  s»vs,  h*"  b<*r:ime  a  member  by 

'  "lion,  about  a  fort- 

'  f  hi.s   lirst   teeing 

'   '  the 


vol..  XXIV. 


1     ♦f' 


yr.^-yn 


J5ISJ 


■:  'VEOfcSE  iJL 


.^.  1r*i'   V.  •:.•..— .••'^- 


*/>"    ,1     .*.'.  i      .;         *r    J..i 

t^  r  *   ».'-.   ,.-  /I  H ,  .^ 

t/. .       ....      i   ■ 


*V"/y,  4  ...  •.  .»,  .ir.*.v.*-t.'. •»    '.:   ^jts:.'.^r.  . 

f, ...    ;.<■.    «,»♦  .1.  xr.  4  v<  "'x  .t"-ti**_    »i.,    EX.'. 

' z*.      ^ .  *<  . .    .  I .  i«j-  7  '■.  -■  i^fcf .-.  :^i .-.   Ji  -,ri.-4 U-'.  t.1  . 

r..^  •    ^  I-    ,.  :i  ,  -•<'.  ;  ;•  r^Atf    .  *    V  t,    sift    ^:;ACt- 

U- ;  '.'  /^..  .  .?.  f;*.M:  <-.•>•  I: -r  -.-,.:>«  icrsjt 
'*:   .    '  ...•*•*    .-..IS.":!:      •.-^.  v.^'^.Jtt^  ««y«.  &« 

J. .. .  ..,:  4..  ?^:^.  r  .*^*:<.  m.*.  ".i.^ ;  trjert  "••re 

ri4»i/«f.  'w^^.  i!'.t  tft  ;»'>  1:4.. '^ifi  ui^  y^ir.^i,  of 
l^:(*fi«t  .  ,  f;  it  »,.»•,  j.f'.j. ',*#■■:  to  rj.«.fje  icitc 

sii»',«*i  4  ;,.:;.j./.«:  .Uf  I  fiKrin  ;  >/•:?,  from  c^n- 

Ir'.'cjti  .11  •*:ili  I  r  .liki'/W,  !♦':  \itti\f.X Wr^A,  tij^l, 
i;  l!  «  y  'l.'l  fi«.»  :'«.».  4  IfAorUi  Iti  \t'itii'^ft»'fAf  ih'y 
».'»». j'i  i.'i/f  It  ),j  i*,tu  iti  ;i;nM  ;  U.al  nofi^i  liUt 

f..'.^*  i»»»/-f|f|#r|  tr.i .  f^rfiiyfrUi  A*.-^/CwUcfi. 

Y'. .  •'.*,  ifiM  ifi^ii  s-j.^iiiTs  of  c»ri*,  ^hich 
J.'  i('[.iM'l  \fi  \\^t\f  yM(\  lo  frauklow,  for 
ti.i*  J^ri.lf«:iii  A* v/^r.i,:tii,ri  ;  i%itii  r«.':;%rH  to 
v.i.'if.  K'  .ij'.jiiM'l  r/>  M-ii'lj,  I  tliiftk  )mj  c;in 
)...')>'  rn  <:  iiiii/.N  iiii{iiif  lU'/ii  lr'«rii  tL^it  upon 
ll.T'Iy  ,  i»  J  .1  liiiiM.^l  rr/||M  rii  ill  traHf:  ;  Uiis 
ill  jii  L*  "ifi  \\  l,y  I,  I'Mii;  '.li'/is  'A  JIarrJ\  ;  aud 
li':  jiiliiiLili 'J  ii;  llarrly  th;il  li»^  w.ih  in  ihc 
;^!.fi  liiM- ,  III  /'«ii'.<.r|iii  iir<:  tA  wljif.li,  llaniy 
i;  iv<-  fjijii  .III  i*r(l<:r,  iiiid  h':  iMV.  li;Lr(iyano. 
IJ,' .  j.i'Im,  jiji'I  iIjMi  Ihuf})  ;mv*-  hmi  aiio- 
II.' I  «ii'l«r,  .iii'l  \i*  (li'|ioi'l  o[  fiiir-kr,ts  tor 
l.iiii,  wtii' li  ti(.  iiii«4)il  <l<i,  tor  ;ill  tliut  I  'Cc 
/I'.in  lliiii  ji.iii  (it  ill*;  Ml  I',  wry  inrior:f;nlly ; 
liul  il  li.i  .  ■./iiiif:wliitt  fit  iidiftciMlt  r4j|iiplf;xion 
Willi  If  nil  I  \At  li;jiiklow\  A'-^orialloii ;  for, 
i!  .Miv  tliiii;-  r.  to  |>4-  <»h|rr.t(-(l  li>  (hat  associa- 
li'/ii,  tliMi-  1-.  i./iiiifiliMi'.';  to  ohj«(:t  to  Hardy, 
Sin  liiiviiif;  ••iviii  till .  iiiitii  a  rsinl  to  I'raiiklow, 

4ii'l  flH  litl'ilili);;  III-.  a'Vii  liitldll. 

Now,  ih.il  tills  u».soi  lalioii  was  to  be  ob- 
!«.<  I<  (i  to,  IS  «vi<lnil  (roiii  the  i:irninihtaiic(rs 
ol  ihi  ciw  ;  foi,  you  Mf,  tJiiH  is  all  assotja- 
liMit  (.iMH  (I  oil  III  a  |iii\iitf'  and  claiid<:!)tiiic 
iitiiiiiii  I  .  tliiy  iiiri  1  III  Miiall  parties,  cxcr- 
i.i'.iii.!'.  Ill  a  Hioiii,  alii  hilr  lioiii,  the  ciirtaius 
down,  .Hid  ( III  itiiiKtiiiirrs  of  roiiccaliiicut,  and 
a  rMjiM'.ilincnt,  vny  contrary  to  wliat  inif;Kt 
bii  f-k|iri  li'd  in  till-  oiduiiiiy  ciiKtr  of  an  aHbocia- 
Liiiii,  v^llt'l^  |M-iipU'  iiri:  iMoiid  of  tlicir  arms, 
;ind  III  .i|i|T.iiin!;  \\\  \\w\v  unitbrm  ;  so  that 
iioihtu,'.  semis  (ii  a('(  omit  tor  tlu'ir  pnKTcdiii;; 
in  lli.it  I  l.iiidoHtiiic  iiiaiiruT  ;  tJitrcturC  tht; 
l^iiilirth  As%«M  lilt  ton  M-nns  un  ttShuuicd  name, 
Itlld   linl  w:illi4Ulcd  by  tlio  ri'ul  ciicuiustauccB 


Bsr£j 

T-itJi:-:*  ■•Ml.    Sid-«  iii'W*tf.-y^s  s  ae  I 
•  i:j!  ---'  LTa.*  :  Jii^  ar  ic«  sr-sce«r  c  « 

N  .'Ifrv  .    ::«  ttj?.  cc-vn  i,  vesica' «f  I 

'-:  irj!  Cc.T^sOi'^nftfic  %xar^.  Be  ^-«i7  fpe 
V^  utuait  «t  Sf«££e'i.  cacfUHK  inca.  ' 

z^'.Msz  &  t^«ULsaxid  z>nis :  b«  tans,  tsat  ii «» 
k  ta^.z  br  be;cA^'iii«  ca{p«at^.  id  muHe 
^>j<ch  aa  crd^r:  and  thcrewre  t&«?v  «u  k 
ff^ore  cocveriiuoQ  abcot  k :  I  id  act  think 
ir.tK:i  i&  to  be  made  cf  UttC ;  the  Boaa  ««  & 
isUaaz^ ;  Uariv  did  col  mf  pear  to  yotn  m  tbt 
c6ri%«TS%tMD ;  it  seems  to  ccd  m  nothBt: 
^hd  I  do  not  thiiik  jguciq  cortuxct  it  w  ai  tc 
make  any  thizis  out  ot  it ;  tberefiore  I  4o  bbi 
mean  u>  it^te  it  as  •  circucutaoce  iip«Q«bich 
ytAt  can  raue  any  thing. 

The  neit  witness  is  George  Saodenoo,  who 
<saya  tbat  he  waA  at  Sheimerdiae'*,  k  the  Bo- 
rough, upon  the  second  of  April ;  be  nys.  he 
went  thei e  to  decide  a  bet ;  tbat  be  saw  tbeie, 
about  v^ven  or  eisht  stand  of  arms,  and  soar 
intn  €xerci>;in?,  who  belonged  to  an  amxd  so- 
'.i*iy  ;  toai  they  wxre  members  or  the  LondL-£ 
(orre-j.ondin^  Society  ;  that  their  nucibers 
u'-re  about  twenty-six  or  twenly-?even ;  iie 
'^.ly-t  \iH  might  have  seeu  aboiil*twent>--K...r 
or  twcDty-five  together  at  Shehnerdioe's ;  he 
suys  they  objected  to  him  becatue  he  vas  not 
a  inciiibtr  of  the  London  Correspooding  So- 
cirty,  hut  they  admitted  him  upon  his  f.'x^* 
niisini'  to  become  a  mem}>er ;  be  under%*oo<2 
thiit  tney  were  to  obtain  a  reform  of  pariii- 
nicnt  at  the  point  of  the  bayonet ;  he  does  nor 
nicnlion  who  said  that,  nor  what  the  particiiiar 
expressions  of  the  conversation  were  from 
which  he  collects  tiiat,  but  that  he  colkclfd 
it  trom  their  general  conversation. 

lie  says  that  they  adjourned  to  the  house 
of  one  Day,  in  Worcester-street,  where  there 
was  a  private  committee,  who  had  settled 
certain  places  where  they  w(;re  to  assemble ; 
he  says  that  one  of  Uie  meetings  was  •! 
Spencc's,  another  at  a  shed  in  Westminster, 
near  Totliill  Fickls  Bridewell;  be  alteoded 
pretty  constantly,  sometimes  at  Spencc's^ 
sonictiincs  in  Westminster,  from  the  clc\'coth 
of  April  to  about  the  iirst  of  May  ;  they  were 
tauKht  the  manual  exercise  by  one  Orr,  who 
had  served  with  the  Vrcnch  arn>^»  who  vas 
also  a  member  of  tlie  Correfipoiiding  Soriety ; 
he  says  that  Shelmerdme  wa«  a  batter>  tut 
he  fretfueotly  changed  bit  men ;  and  Ik  sud 
one  rcttson  tor  removing  Irom  SbdamtbDt\ 


H7] 


jw  High  Trmsmu 


t  at  «  meeiias  of 

a  member  cncti- 

iich  was  not   pro- 

►'  docf  not  »cera  l^i 

Air,  Pill  was  to  go 


tlm  Ibtj  tUdiif bt  some  of   his  men 

i  HOC  lie  staunch  to  tha  tause ;  t)mi  wat 

I  af)ras^ioau 

He  Rays  h«  -w- 

fclivi^ion  in 

a  cinnitK 

upon,  a  I 

to  miicli ;     thlit 

over  one  of  \he  brid^fTH  ut  twelve  o'clock  at 
sight;  aomr^  '  il  it  wan  very  improper 
to  toakeaii'  '  ufion  th;tt,  urn}  nothing 

morepasK^  «, ^'"  -'v^--  ♦'-— -  hii*l  hcen 

ncwa  of  a  defeat  of  ^  \  which 

they  of  this  society  tfi  ^^        irw*;  he 

aay^  that  one  of  them  f«4id  iie  hiul  the  pleasure 
to  iurortn  the  society  that  one  of  tlie  king's 
UnemB^giiB  had  been  killed  in  the  country  ; 
BoMmr  aaid  if  n  btiil  tjeen  tun  own  ^on  he 
ahoiiU Sia^>e baen  glad;  he  savs  theri.^  were 
iraiueat  intiinations  to  take  care  of  %p\es  i 
thai  there  m^%  a  proposition  th^t  ten  should 
tncetat  one  house ^-thnt  is^  nine  of  them  to 
meet  at  the  houi»e  of  th«  tenth  ;  itiey  talked 
«f  blowing  a  spy's  brains  out,  The  witness 
waa  aaked'what  he  was,  if  he  was  not  a  spy — 
he  layA  he  waa;  Xh^i  they  were  talking  of  a 
reform  of  parUament  at  the  noiut  of  the 
1)tyonet ;  that  that  appeared  to  be  the  inten- 
lion  of  this  armed  society  from  the  genera] 
converwition. 

Now  the  dfrimi^ljmce  mentioned  by  this 
w ji  ■     ■     *     0  peiiple 

w<  <n  ot  a 

$'  Hill 

Ti...  '.-.1- 

hemQOi.      - 

to  the  cu<ise»  e^  nt 

auipicioti  th^t  till  .mg 

tor  no  good  purpox'tOf  ^itid  lbi«i  llii!)  i^t  iiicre- 
<bee»  a  circumstance  wliich  docs  make  pnrt  of 
the  case  which  is  now  ttndtr  consideratJon  ; 
Ibr  it  ia,  I  think,  if  thi^  evidence  Iw  true,  im- 
IHMSihie  to  suppose  thut  this  w  itir 

vohjuteer  society,  who   wrrc  iig 

llwmtelvcfi  t  -  •'  ostensible   |m.i  jMj^t  %  t-it- 

Bftmd  in  tl  ^;    thev  st4te  strange 

ihllt  their  nundD^  at  intst,  uiu»t  have  hn  tj  m 
m  etate  of  very  great  irritation^  and  ibsii  they 
Imid  designs  not  fit  lor  honest  men  lo  enter- 
taiiif  ancT  which  mu»t  create  real  apprehen- 
fions  in  the  minds  of  all  those  who  know 
lliai  iuch  def^igns  wert  conceived  by  such 
loeo. 

£dward  GosHn^,  who  wai  also  a  member 
of  thtCorre#.p«*nH -■ '  ^  '-fy,  says  thiit  upon 
the  lift«eiitUi  of  *,  he  was  admitted 

a.  f|iefnh<>T  -    t.tiiil  i.^rn.  ,i  niMii-i.Hli:*!}' 

had  dr 
sfeol  lo 


*'■■■; 


he 
that  ha V  log  ^«a 


.^imto  go  10  HUlicr 
acdiltoui  pataf hleta 


A«  a  tTM.  [15184 

thert,  he  thought  he  might  be  able  to  leam  I 
from  bim  where  tin-   man    was:    he   t^jlj 

that  he  eonrluded  Irom  the  circiim^T^nre 
these  pamphlets  bemg;  sold  ther.  ^ 

was  a  member  of  the  Corresponds i 
—that  led  him  to  inquire  ol  H  ^ 

man;  he  ^y«,  he  was  propo^r 
communication  with  the  r  MJt    nc 

attended  afier wards  in  o(  jver  whc^ 

ther  they  really  had  any  inn niiuu  Lu  ann. 

Me  says  that  the  division  he  kkelori^d  to 
was  number  eleven^  meeting  in  Norihaniptoiw 
street,  CJerkenwcll,   he  did  not  rf^iolleri  th€t 
sign,  but  the  man  that  kept  the  hnn-^e  wa3 ' 
named  Holt;    he  says  I  hat  there  was  somtfj 
conversation  about  the    meeting   at  Challf  1 
Farm»  which  had  been  on  the  Say  before*! 
that  it  was  said  to  be  necessary  to  arm  fop  4 
the  purpose  of  defend) ngt  the  Convention  id 
they  had  done  in  France. 

If  this  was  a  fact  well  established^  it  would 
be  a   very   s»tror»5  fact  indeetl   in   the  tsisc'j 
because  when  you  onre  suppose  the  nlea  tcp ' 
be  that  the  Convention  was  lo  meet  without  j 
arms,  to  act  peaceably  dud  in  order,  and  thut  j 
the  others  were  to  defend  them  with  arms/  ( 
that  would  give  that  Convention  a  completion 
to  be  ftire  of  a  very  dangerous  natuTC  indeed^  ( 
and  would  go  a  great  way  to  warnni  every  ' 
thing  that  has  been  said  of  it.     But  you  will 
remember  that  this  very  strong  fact  is  staled 
by  a  man  of  Gosling*!  descrij»lion,  to  whonr 
some  ejccepiions  ui  point  ot  credit  lay,  Ihe' 
weight  of  which  you    will    weigh   in  your 
niiiMs. 

fio  t^i  c  that  the  Convention  was  to  be^ 
Jiout  six  weeks;  thsil  they  talker) 
^  i.  Ji^  force  by  force,  if  Mr.  Dundas 
should  bring  hi9  Scotch  lawii  into  Knjjbod; 
that  the  expression  used  was,  **  The  inlaraoua 
and  ever  to  be  detested  Court  of  Justiciar/* 
ia  Scotland ;  he  says  that  there  were  one  or 
two  hundred  thousjirs  i   the  pri*cc«d« 

ing9  and  resoluliont  ordered  to  bo 

printed. 

On  the  Monday  after  this,  he  fiays  be  wai 

n?     -  •' »    '      '  ,,...,.:...    .^  Qj^Q  Morris'if 

r  that  divinion, 

i..   .  '  r  sixteen  and 

tweiH  was    recora* 

mentli  -relieved;    ho 

says  that  he  and  Hillicr  went  to  see  thif 
doctor  Hoil'4Mm,  who,  I  take  it,  wa^atthat 
time  in  Newgate ;  they  tound  Lloyd,  lioussel^ 
and  a  captain  Williams  »^"  Anunrjin,  with 
Hodgson;    there    was  a  '*ith 

doctor  Hodc^'^on^  he  askr  i  r   he 

J'  ■  ■'  \ui_,i\,  by 

V4H  to  btt 

di>i^jMt  luvt^'  '^K'  i^^t.u  the  xiut 

of  arms  at  one  ^ ;    that  it  was 

:iltn(i^.l     Mwlv  -    I  to    hr    Cilloil 


:    he 
J,  -  ■  ,    ,     ^  ■    ■■  iJierif 

w^re  fio  uiea  oA  ftoperty  among  ihun^  t^ 


JS19]       SB  GEORGE  lU. 


TriatoflUmm  Hwrdy 


11300 


which  Rousael  made  this  rq^ly,  that  as  soon 
as  they  were  organised^  money  should  not  be 
wanting.  That  will  also  be  a  ▼ery  stronc  cir- 
cuinstance  in  the  case,  if  yo«i  should  be  of 
opinion  that  this  witness  is  deserving  of 
credit.  He  says  that  Lloyd  gave  a  toast — 
"  The  world  a  republic  or  a  desart.**  Doctor 
Hodgson  said  he  hoped  soon. to  see  a  Revolu- 
tionaryTribunal  established  in  this  country,  for 
he  hated  all  others;  Roussel  said  he  was  gcnng 
from  thence  to  TbelwalPs,  and  he  should  set 
off  next  day.  Uillier  asked  if  he  was  going 
to  France,  he  said,  yes. 

.  The  witness  says  he  was  that  evenins  at  the 
division  he  belonged,  to,  the  eleventh  division, 
that  one  Wright,  a  delegate,  was  thercf ;  that 
when  he  was  coming  away,  Wrisht  asked 
him  if  he  had  got  anyarins?  he  said  no; 
Wrieht  told  him  it  would  be  necessary  that 
all  should  have  arms,  as  possibly  we  might 


Benaet,andHiUier  wwealHiHia^aBdtOBM 
other  persons  at  a  pari  of  thk  convwition; 
Baxter  said  there  was  no  danger  to  beappie* 
bended  for  Stone,  that  la  the  peraoa  appre- 
hended for  high  treaaoo,  Ibr  he  bad  too  nudi 
firmness  to  let  them  ^et  any  tbiu  out  of 
him :  he  said  that  the  (SHnmittae  of  Goms- 
pondence  and  Co-operation  weie  prepaiiog 
an  address  to  the  army,  with  soma  strong  re- 
solutions, and  he  said  that  prudent  and  dete^ 
mined  men  were  wanted  to  propagate  the 
opinions  contained  in  those  resolirtkips ;  hs 
said  that  one  Moore  had  beeo  particuiafiy 
active  and  successfuL  in  getting  over  ths 
army;  that  thev  had  moat  to  fear  horn  ths 
youns  recruits,  tney  had  succaedcd  beat  wift 
theoTdsokiiers;  tluit  if  one-third  of  the  anaj 
were  got  over,  the  others  would  not  do  mocfa. 
Then  the  fact  was  mentbned  of  Baxter^  hiv- 
ing  an  interview  with  some  officers; 


very  soon  be  compelled  to  use  them ;  he  sa^s  i  Baxter  said  one  of  the  ofKcera  said  to  him. 


Gordon  was  their  secretary,  that  Gordon  said 
lie  was  eoing  to  America,  tiiat  he  was  very 
sorry  to  leave  the  society  just  as  they  were 
going  to  act  a»  well  as  to  think,  and  to  rege- 
nerate their  country;  that  he  should  take 
floroe  copies  of  their  spirited  resolutions  to  be 
delivered  t(»  the  popular  societies  in  America. 
Hillier  mentioned  his  not  having  got  a  mus- 
ket, but  he  said  he  had  gut  a  pike. 

He  says  on  the  twenty- 6fth  of  April  he 
was  at  Hillier's   house,  number    eighty   or 


why  do  not  you  blow  them  all  up  together. 

He  says,  that  Baxter  asked  him  iAie  kacv 
who  would  buy  a  pike,  the  witness  said,  bt 
should  have  no  objection  to  purchase  lae, 
but  it  would  be  of  no  service  unless  he  knew 
how  to  use  it;  he  says,  Baxter  saki,  if  he 
would  go  the  Thursday  or  Friday  foUowin^ 
to  the  Parrot  in  Green  Arbour  Court,  in  Ihs 
Old  Bailey,  and  ask  for  one  Edwards,  ha 
would  be  called  out  to  him,  that  be  was  to 
tell  Edwards  that  Baxter  had  sent  him,  then 


eighty-one,  in  Bishopsgate  street;  that  there  <  he  was  to  have  a  pike,  and  that  he  would  be 
was  a  person  there  whose  name  he  was  told  '  *-'--• — "■  "-  --^  —  --^  «  -^  -  •^- 
was'M  icksly,  and  there  was  a  drunken  man 
there,  and  a  man  of  the  name  of  Bennct; 
WicH^ly  said  he  had  received  a  lelter  from 
Shelheld,  stating  that  there  had  been  a  nume- 
rous meetinjj  there,  and  that  they  had  deter- 
mined to  petition  nu  more  for  a  parliamentary 
reform  ;  that  there  were  some  knives  making 
of  a  particular  construction  at  Sheffield ;  that 
the  letter  contained  a  drawing  of  the  knives, 
that  they  were  to  be  fixed  to  poles,  and  they 
talked  of  tlieir  use  heing  to  cut  the  reins  of 
the  horses;  .that  the  principal  dependance  of 
the  society  consisted  in  securing  the  royal 
family  and  both  houses  pf  parliament.  Hil- 
lier said  if  they  could  resist  the  first  shock 
from  the  army,  there  would  be  no  danger 
afterwards :  the  king  bein^  secured,  the  army 
would  have  no  head  to  look  up  to,  and  would 


introduced  to  others  with  whom  be 
learn  the  use  of  them,  that  Edwards  wss  s 

very  clever  fellow,  and  could  teach  him,  that 
pikes  were  much  cheaper  than  muskets,  that 
muskets  could  not  he  supplied  on  account  of 
their  expense  —  and  that  people  might  do 
niisch^f  if  they  did  not  know  how  to  use 
them. 

The  witness  says,  he  observed  they  mi^bt 
have  a  parlianientarv  reform  without  coming 
to  blows,  upon  which  Baxter  said ;  **  Is  there 
a  man  in  the  society,  that  believes  a  parlis- 
nientary  reform  is  ail  wc  want  ?  No,  not  one'' 
—he  said  that  mnny  men  of  property  bad  hi- 
therto kept  back  on  account  of  the  sanguinary 
conduct  of  the  French,  but  that  they  were 
now  willing  to  come  forward,  as  they  were 
\  convinced  a  revolution  might  be  effected  in  a 
i  few  hours— that  he,  Baxter,  did  not  wish  the 


he  glad   to  accept   the  additional  pay   that  I  king  or  any  of  his  family  to  lose  their  own 


would  be  ofi'ered  them ;  that  men  would  not 
fight  for  six  pence  a  day  if  they  could  have  a 
larger  sum  ;  he  says  that  nobody  objected  to 


lives,  he  thought  they  might  20  to  Hanover, 
but  that  it  niu.st  be  expected  that  some  bk)od 
must  he  shed,  for  some  particular  persons  bad 


all  this     He  says  when  he  was  going  away,  ;  ofi'ered  such  insults  to  the  people  that  human 


Bennet  went  out  with  him  into  the  street 
that  his  conversation  was  so  violent,  and  he 
spoke  so  luud,  that  he  the  witness  checked 
him,  for  that  persons  walking  by  would  take 
notice  of  what  he  said. 

He  says  he  knows  Baxter,  that  on  the  ninth 
of  May  he  had  a  material  conversation  with 
Baxter  at  Hillier's  house ;  he  says  Baxter 
atated  that  he  had  been  with  Mr.  Joyee,  who 
3nt  4wetafy  to  ead  ^Ul^lope;  thfit  A^Ubp, 


nature  could  not  overlook. 

He  says  the  conversation  af\erwards  Uiraed 
upon  Thelwall's  having  been  indicted,  in 
which  there  was  nothing  very  material.— He 
said  he  attended  most  to  Baxter's  coovcm- 
tion,  because  he  was  informed  be  was  one  of 
the  Committee  of  Correspondence  and  Co- 
operation. Baxter  said  many  tbousand  pikes 
were  making  at  Sbeffidd,  thattha  haa^  weit 
only  to  oome.  Igmi  theneay  wd  tbi^  tliqy  ^rcia 


Ml 


for  High  Treaion, 


to  be  stocked  in  town ;  he  recommended  ibal 
iiolhiog  of  ihgt  should  be  mentioneil  at  aoy 
V>  the  divj^on*,  lill  Ihc  new  conslitiition 
fthould  be  iiduplcd.  tor  there  were  *|>ies  in  ihc 
society  ;  tltdt  11  would  be  udviseuble  tu  lei  the 
French  prii^uner*  out,  \t  the  emigrants  resisjlt'd^ 
that  the  emigrnntb  should  share  the  fate  cif 
the  Swiss  itt  Haris,  He  mentioued  the  name^ 
of  Mr.  Fill,  Mr-  Dundiis,  Mi.  Keeve%  and 

c:r  persona  who  had  olfered  such  iusuits 
kthe  people  that  buninu  nature  could  not 
look. 

He  &iiys,  in  going  home  with  Baxter,  he 
utider!>tood  trout  couverj^ation  he  had  witli 
Uim,  that  the  address  to  the  ariny,  wa,!}  to  set 
the  troops  »ud  the  emigrants,  to  be  embodied, 
at  variance^  und  they  were  to  say  to  the  aiiny^ 
that  they  had  ftworn  to  %ht  for  the  king  and 
CQuntry,  and  il  they  were  at  variance,  Ihey 
might  Lhoose  which  side  they  pleaded  ;  ihi&t  it 
would  be  proper  to  enlarge  upon  the  severity 
of  their  u^aj;e,  and  Hie  !»nmUne«4S  of  their  pay« 
but  they  must  tirst  sound  their  pnnrinlr-s  anfi* 
if  they  <ound  the  aoldiers  were  . 
Iheo  they  must  not  go  on.    He  sun  u 

respect  to  aJl  these  ctrcumstancen,  he  com- 
municated them  firom  time  to  time  lo  Mr. 
Wickham,  that  he  g^ve  him  iatclhgeace  of 
M'hal  passed* 

On  liih  cra^s-examinalion^  bo  is  a«kcd  wtmt 
situation  he  wa%  in^  he  suid  he  kept  a  hroker*s 
shop ^ be  IS  asked  >f  he  did  not  deal  in  king'* 
fttore^  he  %aid  be  did  ^ay  to  a  man  to  wiiom 
he  wa5  unwtUmg  tu  give  his  namc^  that  he 
dealt  in  n«ivtil  i»tore»«  thuiking  that  would 
^ut  the  mnn  off  from  any  farther  inquiry^ he 
bjiys  thitt  he  is  employed  by  a  magistrate,  to 
Wor^hiji-^lfcct,  winch  oceaMoned  him  to  say 
that — he  drnics  that  he  lived  by  smuggUogi 
and  cheating  the  king  in  his  stores. 

He  wai*  usked  if  he  ever  went  by  the  name 
of  Douglas ;  he  says  he  did  for  six  years, 
while  be  carried  on  the  business  of  a  liair- 
dreuer^  which  is  ten  years  since,  in  Petty 
France,  at  No,  3.  He  says  his  father 
had  a  shop  of  business  in  the  city,  that  he 
wiahed  lo  go  out  for  improvement,  and  did 
not  like  to  appear  as  a  jounieyman,  when  his 
father  kept  four  or  five  men  in  his  owd 
boiiae  ;  llial  his  takin*;  the  name  of  Douglas, 
tvis  a  mere  »ccident;il  circumstance. 

He  was  asked  if  he  knows  a  Mr.  Lincoln, 
whocollects  rent*  for  Mr.  Macnamam;  he  says 
ke  doe».  and  that  he  borrowed  from  Mr.  Lm- 
€olo,  li'ur  or  five  years  a^o,  leu  pound,  or 
ten  guineas^  and  gave  him  x  note  tor  it,  in 
the  name  of  Douglas^  while  he  bore  tliat 
name,  which  hjiv  betri  frince  paid.  He  aays 
Mr.  MacnMnia.ra  came  to  him  lo  the  coJ}'ee> 
bouse,  wtjeri!  tie  and  the  other  i*i»«i«-^^-n 
l»ere;  Ihm  he  hch.ived  so  ii)  to  li 
wts  much  tlurnetl,  umi  ilul  not  kn*  ._    uc 

•aid ;  that.  Mr.  Mar  rue  to  the  cotiec* 

house  to  him,  and  the  note  would 

&ppe4ir  against  him  li  it  wns  not  paid. 

He  wgs  asked  whetlier  tie  had  not  by  in- 
^ry  e?[pretaioiiS;  «Ju:itcd  thfiae  peopk 


i 


A.  D.  17^ 

to  say  the  things  which  be  had  Mated-*be 
says  that  he  may  have  appeared  to  have  ap- 
proved of  what  was  doing,  btit  he  never  did 
approve  of  it  —  particularty  that  he  n«ver 
Siiid,  "  why  don't  the  society  leurn  tlie  use  of 
arms/* 

He  is  then  asked  ^s  to  a  Mrs,  Coleman, 
who  had  lived  with  him,  and  died  in  his 
hou-e;  he  smys  lie  made  her  will,  and  that 
no  partnflierpropcrty  was  left  to  her  relationa 
— he  is  a^ed  it  &  brother  of  a  former  husband 
bad  not  made  hume  charge  against  hiiu— he 
says  he  never  heard  any  tomplk»int,  or  anv 
charge  against  his  conduct  respecting  the  wii), 
but  that  a  brother  had  come  ttp  lo  make  a 
claim.  He  is  a^ked  if  he  knows  one  Cox,  n 
cheesemonger— he  says  he  has  dealt  with  him, 
and  he  did  not  use  him  very  well,  but  nothing 
turns  upon  that,  for  he  is  not  called. 

Then  there  Wds  a  print  produced,  which 
was  found  upon  Roussel,  it  is  an  engraving 
of  the  manual  exertise  of  soldiers,  ^ithcaps 
upon  tlieir  heads,  intended  to  be  painted  red 
— you  understand  that  it  is  the  cap  o*  liberty 
DOW  worn  in  tVance,  and  is  a  sort  ot  signal, 
by  which  men  who  entertain  these  opinions* 
may  be  known. 

Gentlemen,  I  stated  to  you  before,  that  this 
witness  has  given  very  important  evidence^ 
tending  to  show  the  dietermined  purpose  of 
this  Convention  to  use  Ibrce  against  the  king^ 
his  family,  and  the  government— If  this  man*i 
evidence  can  be  depended  upon,  be  certainly 
blali'S  FJaxlcr  to  use  very  strong  language,  so 
iiuhscrcet,  that  one  could  hardly  have  thought 
thai  a  man  would  have  ventured  to  use— and 
on  the  other  hand,  the  observation  made 
upon  this,  is  certainly  founded,  that  this  man 
is  ool  contradicted  with  regard  to  the  testi- 
mony that  he  gives,  and  that  all  they  rely 
upon  to  ^hake  his  credit,  is  wliat  turns  out 
upon  bin  cross  examination — the  account  be 
gives  of  himself,  of  his  having  told  a  roan 
that  he  dealt  in  naval  stares,  for  a  vile  pur- 
pose—having borne  the  name  of  Douglas — 
(laving  acted  about  in  that  sort  of  way,  and 
going  there  ior  the  purpose  of  living  inlbr- 
mation  to  government.  GentlemeD,  it  is 
your  province  to  judge  what  degree  of  credit 
you  think  ht  to  give  to  this  man's  evideoce. 

The  next  witness,  is  John  Grove* — he  is 
another  man,  whose  credit  is  more  directly 
impeached  than  Goshnsi's  has  been,  who 
also  speaks  materially,  tt  his  evidence  is  triic« 
He  says  he  was  at  the  Globe  tavern,  on  the 
twentieth  of  January,  1794;  he  became  a 
member  early  in  the  month  of  February,  he 
was  desired  to  becomt  ^  ^,  iu  order  to 

make  a  di**covcrv' ;  hr  was  a  very 

lar^e  assembly,  he  bcii^^<  -  .^ii  .Martin  witt 
called  to  the  chair,  who  read  an  address,  and 
Mr  kniit*r  ri- ul  it  over  again ;  he  does  not 
r  r  I  r  u  I  ar  toast  w  bich  waa  dnnk, 

btii  were  read;   and  by  a  pafier 

titat  was  printed,  he  shotdd  be  able  to  refresh 
hii»  inoniory — he  savs  in  general,  the  coiiver' 
sBtioii  wiA  uoiveml  sufinige,  aod  aniiual  t|&^- 


almost  tdl  other  functions  of  the  goTernment; 
that  he  recommended  a  convenlion,  in  order 
to  procure  an nufti  pa rliamenLs  and  univcr!^] 
ftiSmec;  and  that  he  recommended  a  new 
nodeiling  of  ihe  House  of  Commons, 

Ub  VLytf  be  was  at  Chalk-fann ;  Hardy 
was  there ;  that  Lovett  was  in  the  chair ;  thai 
there  were  printed  papers  dispersed ;  there 
was  a  letter  from  the  Currespondm»  Society 
to  the  Friends  of  the  People,  carnesllv  soHcit- 
ing  the  cxincurrence  and  assistaruie  of  that  so- 
ciety, in  assembling  a  convention  of  ihe 
fViends  of  freedom^  for  the  purpose  of  obtain* 
iotu  in  A  iegal  and  c^nBtitutional  method ,  a 
fyll  and  effectual  representation ;  be  saya,  the 
answer  was  read  from  the  Friends  of  the  Peo- 
ple to  the  Corresponding  Soricly,  dated  April 
the  eleventh,  1794,  and  then  tiieir  letter;  a 
number  of  resolutions  were  put»  and  two  hun- 
dred iliousaod  copies  ordered  io  be  published. 

Groves  says,  he  went  to  a  house  in  Store- 
street,  Tottenham  Coti-rl  lioad,  where  the 
meeting  was  to  be  held  ;  he  went  part  of  the 
way  wiib  Thelwall ;  he  says  there  was  a  urit- 
ten  paper  upon  the  door  of  the  house,  in 
Store-ftreet^  stating  tliat  ihe  ropcting  was  to 
be  held  at  Chalk-farra  ;  he  says,  Lovett  was 
in  the  chair;  the  principal  persons  who  spoke 
and  acted  at  that  meeting,  were  Lovett,  Itich- 
ter,  Thelwall,  and  Hodgson ;  thai  Thelwall 
made  two  or  three  speeche*;  he  says,  there 
iri4  a  clamour  went  round  that  there  were 
ipies  and  informers  there;  Mr,  Thelwa!! 
9aid,  he  was  for  admitlins  all  spies  and  in- 
formers  there,  because  the  nunili^  of  the 
members  of  the  London  Corresponding  So- 
ciety could  be  no  agreeable  news  to  the  mi- 
nister ;  he  says  llichtcr  re.id  the  resolutions ; 
thai  Eichter  liopt  reading  to  make  some  ob> 


opened^  it  pn 

-    ?ds 


it  was  fixed  straight  foniart 
one;  somebodj  eaid,  thef 
chme  knives ;  upon  that 
was  a  smile ;  be  *ajs,  he  U 
as  harmless  instriinaen is,  c« 
where  they  were  to  be  li 
might  have  Bome  ofOreea  i 
Green  was  to  be  found  ;  ib 
perfumer  and  hair-dr 
Ijdcester  firld^. 

He  says  he  went  to  Gr 
knives;  Green  said,  he  1 
and  three  hundred  ;  that 
speak  very  low  ;  the  par  1^ 
which  was  adjoining  the  \ 
and  said,  for  my  wife  its  a 
that  he  attended  the  n«ceti4 
Pearce*  when  they  were  j 
if  you  strike  wilfi  ihem, 
knives,  they  will  not  fly 
that  oiirposc ;  he  says  m  ma 
found  fauit  with  the   coi; 
knives  ;  he  said  ihey  iT>i^ 
that  they  were  not  eqiiall 

He  says,  he  was  at  a  i 
scription  was    proposed 
which  application  was  reject 
of  the  violence  of  his  rondnt 
another  reason,  if  the  ^ 
right,  that  he  was  not 
her;  be  said  he  was    pres 
and    Anchor  tavern,    uj 
May;  that  there  was* 
February,  when  an 
was  read  ;  that  wa^^  dif 
number  ibree,  in  Compton 
so  late  as  the  tifth  of  J« 
be  proper  to  read  that  ] 


1 


c;kfne»  while  ihny  werR  iHprB,  of  »nmc  public 
eveia  ;  Irm  I    ■  ^ 

llml  It  vr«ii 

Ihtit    there    W4S    .1   ^iJii^,   ciMcti    "   1  ne     l  rf  e 

C'ou»Ululiou/'  dviivered  util  belorc  dinner, 
tt^ii  ilierc  Wiis  a  piipcr  on  each  platc^  but  he 
dots  noi  rrcoJk'cl  what  it  was ;  he  believes 
Mr,  WhiMitni  waa  in  ihc  dmii;  th>a  Mr. 
Uoruc  T(jokc  wiu  tluTe^  ami  the  prisorif-r 
It  arc)  Vt  was  there;  thjt  when  tiie  tonipany 
canit^  iiili>  the  fuota,  the  French  pupuUr  tunes 
live  re  struck  up,  %n<\  tncotml,  uml  ttifry  pl^vecl 
altaofiit  the  whiilfs  ofth«  i)*'  Nlnr^'U 

k»is  niiirehf  Cii  ira^  and  tli  uol^  and 

Umt  il  I  scerje  oi  tkLppin^, 

He  ^  I  m  rj« r  M  r .  H or n  e  l'o«k c 

Nid '■  J  uj   ihc   company;    he  pi€^ 

§n  hy  ;ju  observation^  timt  he 

%\>  jf.nv   10  Ihr  rfMjni,  might 

b  uuint  spy,  am!  to 

'       ih-  '  -         j'd  to  audress  him- 

fell ;  ajiil  the  witness  says,  in  consequence  i>t 
f  kis  addressing  him&clt  to  govermnent  sjiies, 
'  he  did  titlend  to  whul  he  suiid  ;  he  begged 
the  company  to  take  notke^  that  he  was^not 
inebriated,  lor,  having  sooietbing  lo  say  lo  the 
comfniny,  be  ^oirfc  cure  to  refrain  from  his 


t 


floss ;  and  for  fear  of  being  ini»takcn,  and 
eing  taken  to  be  in  a  state  of  iiitoxie:ition; 
he  brgi^^d  every  body  present  tu  tike  porlic  u 
lir  notice  of  w nut  he 


i  ItMUH 


said  ;  he  ealiiid  the  piir- 

lr*-.|    ^in  I-      iif    riirriinl  u,ii  -      -inA 


t-  iirpofieol 

Mr  lite  conn- 

try.     5  oi  i^rds,  the 

iieredii  tf  that  s-kip- 

ck,  nauiiug  a  ^XiUicui^ir  kmi,  could  be  con- 
dcrtd  a3  one  of  iho  heredilarv  imbilily  ;  he 
:  !*4me  of  the  House  of  Lord*  a«  of  the 
of  Commons,  ho  said  the  junto  be> 
{ the  two  partic^K  wa&  in  order  to  atnu^e 
t  that  poor  man,  the  kinc ;  he  «aid,  I  bat 
action  of   pajtic»    in    ttie    ilouie  of 
ifn%  was  in  order  to  abuse  mud  dtMve 
c»pk  of  thin  cciuutry.      lie  My»»  Mr. 
|t  speech  wai  received  with  grout  ap- 

that  tb(;rc  wat  a  »oi)s:  but^;,  U>  the 

rof  *^  God  »avc  itu;  kine/*  but  not  lho«e 
He  Hay**^  that  Mf.  tfome  Tooke  tung 
'ilveneofiho  tong;  he  had  for^ 
-4t  waft. 

^  croftS'CuuuiiiiimtiOfit  he  says  he 
bujiMMMe  of  »  eofivf  jeiKcr,  and 


It  T..  two  and  twenV'v 
%u  attorney;  he  wat  ti«kr 
H  lohcitLH     Ih    said   ht*  <i 
r   by  the  i^tr 
Bit*    .  Iw*    WAi    a 

IhImc;  a  M)itcitijr  t(>r   pri»»«rui 
iOn^r*;    tit  Mid,  when  llielw:  I 
ver9fid,thatThel«»;dlr- 
lum,  than  h»f  upon    i 


not 


I'fi- 
">n- 
i»ou 


el  Ih^ 

ipoke  ^i]^My  oi  tnc  nfTcuii-ar>' uooiuiv 


eouiitrj ;  be  said,  they  had  io»t  thetr  weight 
>i- btate,  by  the  introduction  of  the  new 
lily,  who  h^d  been  uitroduced  into  the-l 
iiuut^t;  of  ix)rd«*  by  meaxte  ot  their  conduct  inn 
the  Houi^e  of  ( 'umaions ;    he  taid  he  tpoke 
fi,.r«jv  ..t  ikvr.  -.fiice  of  the  king,  in  the  conslWJ 

i ,  that  the  new  made  pecfrs^ 
t;  iitroduccd   inio   the  ilouse 

Lurdft,  either   had  oouibined,  or  were 
bining,  for  the  purpose  of  amusing  that  [ 
man,  the  king;    that  the  king  had  lost  his  i 
true  weight  lu  the  constitution,  by  means  or] 
this  cof  ruptioo ;  be  sa^s  the  object  of  all  his*-j 
conversation  wa9,  that  improper  people  were 
brought  into  the   Hoitse  of  Commons,  and 
that  iht  reby  the  evd  complained  of  arose. 

Tht!y  then  read  a  io«^  wliich  was  found 
at  Harder  s  iifjuiet  in  a  kttcr  addre<>fted  to 
I Urdy^ without  date;  that^ongmua  be  road, 

[Sec  p.  TO  1.] 

Con  tie  men,  I  would  oh  serve  to  you,  upoi^  I 
this  song,  what  perliaps  may  occur  upon  some  J 
other  parts  of  the  evioeni^e.  It  wan  fuirly  ob-  i 
•erved,  ^n  the  part  of  the  prisoner,  that  tber^] 
is  a  great  deal  of  dtS^ereore  between  tliis  aort  j 
of  loose  pn^i«r«  found  at  his  house,  in  the  s^-l 
tuation  be  wa*  in,  as  secretary  to  this  pepy' 
MMTielf ,  to  whom,  therelore,  ail  sorts  of  txii  ^ 
woulcf  of  course  be  ad  '--  !  which,  pcrliap^*^ 
it  wouhl  be  prudent  i  but  every  raaa  ! 

■-^  i">t,  m  that  respL'L.,  y,....  prudent;  thiH  | 
h  a  vast  difterence  between  thii  swrt  of 
L.  ;;,  and  a  paper  wbich  had  been  commu« 
mcated,  and  acted  upon^  and  made  therebj^ 
the  act  of  the  party  hiiuself,  by  hi&  own  con* 
duct  upon  it;  the  evidence  could  not  be  re- 
jccted,  becatt»:  the  keeping  such  papera  is 
£iome  reproach  to  a  prudent  uiasi^  and  aftnr^^J 
some  evidence  of  the  improper  conneiioB 
tbrms,  in  con^ecjuencc  ul  whiLh  all  Uicsc  sort 
of  licentious  things  come  to  him. 

The  next  witness  i^  Jtt^-  '^ — fpson,  who- 
proved  the  finding  a  fukr 

Wdliam  Carnage  is  Lli^..  ..,^....ucd  again  j 
he  says,  that  be  taw  Margarot  tn  the  Tolb 
at  Ewnbtirsh ;   that  be  had  a  sprtDf;  knid 
upon  hta  table ;  tliat  it  was  liard  to  ^hut,  arxt 
by  hia  description,  something  Ukc  ttie»c  SheC^  i 
held  knivas;  he  savs  he  never  aaw  one  at  i 
ShcfHeld ;  thnt  this  knife  lay  publicly  for  him  ' 
to   ^'  liner  with;  tliere  were  six  or 

arrci  .cseol;  and  it  was  ahowod  to 

biin  !^  knife. 

LI*  "11  ^yt*  he  became  a  member 

of  tiic  1  ^jiTr>|H»ndmg  8o£iety,  in    Iktober, 
t79S;of  Uie  diviaion  number  twelve,  at 
•Mjl^n  of  the  Mi'»''*"'M  Hi»i^«-  .j^i^t|^i^i|f.|||,j 
\lAnsion   iiou*  ^   n^civi 

rnlf  B  of  the  m^         .  address 

%o<ieiy.  in   Man  hi,    tt^^T;    having 
thexc  paper «  lie  intimalcd  to  the 
the  hoitfte,  thai  he  thouf^ht  it  would  be 
f^fff^i*  ftit  hmi  lo  permit  tlw  divi»ion  to  o 

isc;  that  he,  therefore,  doclined   to" 

rtixi«  tLi  bis  hcHue ;  he  »ayik  Uic  di- 

vjiioti  aufioiancd  to  the  Crovm  in  Kew$al« 


J 


imfT]       S6  GEOROE  m. 

stieet^  tnd  he  'wm  accepted  u  a  member  of 
thit  society,  upon  the  twenty-ninth  of  Octo- 
ber ;  he  says  ne  was  at  the  Unicom^  Covent- 
gatden,  at  the  ^visba  nmnbertwo;  that  I 
take  to  be  Hardy's  division;  that  there  was 
a  faurge  meeting;  the  room  was  full ^  there 
might  be  seventy  or  eighty  people  there; 
Haray  appeared  as  secretary ;  be  says  Paine's 
Address  tu  the  French  nation,  was  voted  to 
be  published,  and  delivered  out  to  all  Uie  di- 
visions ;  that  a  paper  called  the  Rights  and 
duties  of  Man,  was  to  be  continued  weekly ; 
that  the  delegates  had  received  addresses, 
i^iproving  of  the  society's  addiess  to  the  Na- 
tWDal  Convention;  that  the  delesate  of  the 
divisioD  reports  to  the  divisbn  what  b  dime 
at  the  committee  of  delegates. 

It  will  be  proper  here  just  to  observe  how 
that  stands.— By  the  constitution  of  this  so- 
ciety it  is  divided  into  a  great  number  of  sub- 
divisions, as  many  as  they  have  opportunity 
to  make,  oonsistinc  of  not  less  tnan  thhty 
members  in  a  sub-division ;  each  of  these  di- 
raions  choose  a  delegate  to  represent  them  in 
a  general  committee  of  these  delegates; 
twfaKh  general  committee  of  delegates  act  for 
the  soaety  at  huge;  and  all  such  matters  as 
are  thought  proper  to  be  communicated  to 
the  divisions,  are  brought  back  to  each  divi- 
aion  by  the  delegate  of  that  division,  and 
communicated  there.— That  is  the  way  in 
irhich  this  machine  is  framed  and  carried  on. 
The  witness  says,  upon  the  thirty-first  of 
October  he  was  at  toe  division,  number 
twelve,  at  the  Crown  in  Newgate^street,  when 
the  Address  to  the  French  Convention  was 
read,  it  having  been  brought  forward  before 
at  a  committee  of  delegates.  On  the  second 
of  November,  at  the  Rainbow,  in  Fleet  street, 
there  was  a  meeting  of  division,  number 
eleven.  There  was  a  report  that  the  society 
at  Stockport  had  written  to  Sheffield,  that 
they  approved  of  the  difierent  meetings. 
There  was  a  letter,  which  was  a  pretty  long 
one,  in  which  it  was  said,  that  it  would  be  a 
good  thing  to  send,  as  he  understood  it,  the 
Ijondon  delegates  down  to  teach  the  farmers 
pohtics;  this  letter  was  by  the  editors  of  the 
Sheffield  paper,  intituled  the  Patriot,  and  this 
was  written  to  the  delegates ;  this  is  after- 
wards produced,  and  it  corresponds  with  the 
witness's  note;  it  is  much  fuller  than  his 
note,  but  as  far  as  his  note  docs  go,  it  corres- 
ponds pretty  much  to  the  pa))er ;  only  instead 
of  sending  delegates  from  London  to  teach 
the  farmers  politics,  the  proposition  was,  that 
the  societies  should  send  delegates  frum  their 
respective  bocieties  into  the  country  in  order 
to  enlighten  the  minds  of  the  people. — He 
says,  there  were  six  honorary  members  of 
the  London  Corresponding  Society  admitted 
io  the  society  at  the  Crown  and  Anchor. 

A  certificate  of  Hardy*s  election  to  be  a  de- 
legate was  then  produced;  it  was  a  paper 
found  in  his  possession. 

lynam  then  went  oo  with  his  evidence : — 
b^  •«»^  he  waa  at  ft  meeting  upon  the  twtlfUi 


TfUd  qfTkmoi  Ifmrify 


tta/B 


of  November,  at  the  Uniconi.  of  £t 


number  two;  there  were  verylou    ,  

at  the  readii^^  a  letter  ftom  Banow  to  the  con- 
vention of  I*rance~(he  says,  it  waa  eithdr 
Barrhe  or  Barlow ;  he  seems  to  give  but  a 
blundering  account  of  thai,  it  certainly  waa 
quite  amMher  sort  of  thing). — lie  aayi^  the 
number  of  the  society  in  London  was  stated 
to  be  six  thousand ;  it  waa  observed,  that  the 
divisions  in  Spitalfields  were  increasini^  m} 
soon  would  be  eqoal  to  all  the  other  diviima 
of  the  aocie^.— There  wm  %  letter  horn 
miyor  Johnson,  from  Ediobui^h,  disapproffa 
ing  of  the  address  to  the  ConventbB  so  i 


—he  says,  tliat  the  address  wbieh  Ihcy  bal 
ordered  to  be  sent  to  the  Natiowa  " •=— 


in  France,  had  been  ordered  to  be  pubfiAsI 
in  France,  and  sent  to  the  eighty  three  da^ 
partmenu  in  France.— The  society  at  8bi^ 
field  had  sent  up  their  address  to  the  cooh 
mittec  of  delegates,  who  had  forwarded  itta 
the  National  Convention  of  France.  Tbt 
next  meeting  was  on  the  twenty-first  of  No> 
vember,  of  the  division  number  twelve,  at  the 
Crown,  in  Newgate-street;  thcve  waa  a  lift  ' 
of  a  congress  to  be  hekl  ui  Scotland.— A 
charge,  which  had  been  deKvefed  by  Mt, 
Justice  Ashhurst  to  the  grand  jury,  was  rcadi 
—It  was  reported  that  the  society  aft  Nor- 
wich  wanted  to  know  if  they  meant  to  coae 
into  the  duke  of  Richmond's  pbm,  er  Id  tip 
up  monarchy  ;  they  suspected  this  waa  la 
draw  them  into  some  unguarded  eipieHteSr 
and  declined  answering. 

Gentlemen,  you  recollect,  that  letter  was 
read,  and  that  when  they  did  answer  it,  the 
answer  was  more  guarded  than  some  of  the 
letters  of  the  society ;  it  was  such  an  answer 
as  might  naturally  lead  one  to  think  that 
there  was  some  suspicion ;  it  is  a  curious  cir- 
cumstance, that  in- the  notes  of  this  man,  who 
attended  the  divbions  regularly,  and  took 
notes  as  being  a  delegate,  it  should  be  noted 
that  they  suspected  tliat  letter  trum  Norwich 
did  not  come  from  a  friend,  and  that  it  was 
meant  to  draw  them  into  si^me  scrape. 

He  then  speaks  of  the  branching  off  of  s 
new  division,  number  twenty-tlirve,  fian 
number  twelve;  and  this  new  division  net 
at  tlie  Ship,  in  Moorfiekls,  on  the  twenty^ 
venth  of  November — he  says,  he  waa  i ' 
a  delegate  of  this  new  division  he  waa  reoon* 
mended  by  his  division ;  and  it  waa  piupoisd 
at  that  time  that  the  public  should  he  infens- 
ed  that  they  were  not  levellers,  and  tlial  tbey 
wished  to  avoid  all  riots  and  all  resistaoee ; 
that  tliis  arose  from  the  magistrates  havii^ 
interfered  with  their  meeting — that  the  eon* 
versation  was,  that  the  first  cnaracteia  at 
Edinburgh  belonged  to  the  cause,  had  (brmcd 
themselves  into  a  society,  and  called  Iheih 
selves  a  Convention  of  delegates. 

Upon  the  twenty-ninth  of  Novenibar,  br 
says,  he  attended  a  meetmg  of  drtegata  M 
the  Sun,  in  Windmill-ttreat ;  Iban  wm 
twenty-two  delegates  preeenlLT-Hia  notamw 
that  dpriaion  elma  BM  r  *' 
e 


fw  Higk  treaitm* 

ton  from  Islington ;  that  a  society  was  in- 
tended to  be  formed  there.  The  sub-commit- 
tee brouzht  forward  their  answer  to  the  Crown 
and  Anchor  Society,  which  was  referred  bacii, 
and  another  answer  was  offered,  drawn  by  a 
eentleman  of  the  name  of  Vaughan,  counsel- 
or Vaughan,  who  was  a  visitor  then  from  the 
Constitutional  Society,  and  this  was  approved 
with  some  alterations ;  the  words  "  dymg  in 
the  cause"  were  struck  out ;  it  was  directed 
to  be  put  in  the  Sunday's  paper;  and  that 
fire  hundred  bills  should  be  pasted  up,  that 
^ey  were  not  levellers — and  if  their  funds 
were  low,  Mr.  Vaughan  said,  the  Constitu- 
tional Society  would  print  for  them.— They 
understood  that  enemies  were  setting  into  the 
society  ;  tliat  five  divisions  had  been  scouted, 
as  he  called  it  (that  is,  driven  from  the  places 
where  they  met) — that  Margaret  proposed  to 
write  to  Mr.  Pitt  and  the  attorney-general, 
that  if  their  meetings  were  illegal,  ns  would 
be  ready  to  surrender  himself,  but  this  was 
over-ruled ;  and  it  was  resolved  to  support  all 
prosecuted  members  : — he  said,  he  wrote  this 
minute  at  the  time. 

He  was  then  shown  a  note,  which  he  says, 
he  received  from  liardy ;  it  is  in  these  words 
^addressed,  Mr.  Lynam,  No.  31,  Wal- 
brookc;  dated  December  the  4th,  1799) — 
'^  Citizen  Lynam ;  you  are  requested  to  meet 
the  Special  Committee  this  evening,  at  seven 
o'clock,  at  the  Nag's  Head,  Orange  Street, 
Leicester  Fields.  I  am,  your  f^nllow  citizen, 
<«  Thomas  HAaoY." 

«<  Please  to  inform  any  of  the  delegates 
aear  you,  that  you  know,  but  no  one  else." 

This  is  a  circumstance,  in  some  degree,  con- 
firmatory of  Lynam's  general  evidence. — He 
Bays,  he  went,  but  he  has  no  memorandum  of 
any  thing  that  passed.— On  the  eleventh  of  De- 
camber  he  was  at  the  division,  number  twenty- 
three  ;  it  was  reported  there,  that  the  London 
Corresponding  Societies'  rules  had  been  intro- 
duced among  the  soldiers. — It  wasreported  that 
the  Irish  hvA  been  scouted  as  we  ban  been,  and 
that  thev  had  applied  to  the  council,  who  had 
declared  their  meetings  to  be  legal ;  that  he 
understood  by  that,  the  privy  council. — He 
aays,  their  funds  were  low,  and  the  divisions 
wererecommended  to  subscribe  to  the  publi- 
cation of  the  Address;  three  of  this  division 
Wferwl  to  stick  the  Address  up  about  the  town. 
—It  was  reported,  that  Baxter,  who  was  a  de- 
legate of  the  divisk>n,  number  sixteen,  was  at 
the  meeting  at  Shoreditch  church,  and  that 
he  opposed  that  meeting,  and  that  he  was  laid 
hold  of;  and  in  consequence  of  that,  seeing 
that  he  could  not  resist,  he  threw  some  of  the 
Societies'  Addresses  amonsthe  people  assem- 
bled there ;  and  he  complained  he  was  very 
ill-used,  his  coat  torn,  and  he  was  stnick  se- 
veral times  in  the  chureh-yard;  he  said^  it 
was  a  meeting  to  support  the  constitution. 

Upon  the  thirteentn  of  December  the  dele- 
kgates  met  in  Kound«eo«t,  id  the  Straod; 
eighteen  persons  wefc  present;  Hanly  w«« 

VOL.  XXIV. 


one.*-It  was  reported,  that  the  magistrates 
were  aAer  Littlejohn.— One  Field  was  chosen 
assistant  secretary. — ^There  was  a  motion  from 
the  division,  number  four,  that  a  letter  should 
be  wrote  to  the  Common  Council.  He  says, 
that  Ridffway  was  to  publish  Margarot's  letter 
to  Mr.  Secretary  Dundas:  the  project  was, 
that  this  letter  was  to  be  written  and  carried 
to  the  post  office  by  Margarot  and  two  others. 
— ^The  letter  was  dated  the  fourth  of  Decem- 
ber, 1793;  and  that  they  might  be  sure  it  was 
sent,  they  took  a  receipt  from  the  pos^  office. 
The  letter  to  Mr.  Secretary  Dundas  was  read, 
recommending  a  reform,  and  to  protect  them 
from  all  interruption. — ^That  letter  must  be 
read. 

[See  p.  771.] 

Lynam  says,  his  note  goes  on  to  state — 
That  division,  number  one,  recommends  that 
it  be  represented  to  the  public,  that  confusion 
may  be  expected,  hut  that  if  riots  ensue,  our 
societies  will  aid  the  magistrates,  and  that 
copies  shall  be  sent  to  the  masistrates ;  but 
take  care  that  we  say,  that  no  disposition  ap- 
pears of  committing  any  riot,  and  that  we  wdl 
persevere  in  a  parRamentary  reform ;  but  if 
prosecuted  persons  were  not  found  to  be  rash 
m  words  or  violence,  that  it  is  proper  for  the 
society  to  protect  them— he  says,  I  do  not 
know  whether  any  thing  was  done  upon  that; 
there  were  many  things  agitated  in  the  com- 
mittee.— The  delegates  of  the  division,  num- 
ber two,  Hardy's  division,  proposed  to  bring 
forward  new-shaped  cards  of  admission.— A 
letter  from  Norwich,  siened  Cosens,  vras  read, 
mentioning  roeetinss  being  held  there^  as 
well  as  in  other  puiceSy  to  support  the  go- 
vernment; and  asked  whether  the  Loncmn 
Society  had  signed  to  support  government. — 
Margarot  proposed,  that  should  not  be  com- 
municated to  the  divisions :  what  the  reason 
for  that  was.  is  not  clear.  There  was  a  letter, 
dateil  the  fifteenth,  from  Paisley,  expressing 
their  willingness  to  correspond  with  us,  ana 
mentioning  twelve  societies  formed  in  August 
for  a  parliamentary  reform.  There  was  a  let- 
ter from  Edinburgh,  of  the  eleventh  of  De- 
cember^ to  call  a  convention  of  all  Scotland, 
to  be  ot  the  same  opinkin,  and  the  title  of  the 
Society  was—"  The  Friends  of  the  People"— 
Archibald  East  Hodge,  president;  William 
Itcad,  secretary. 

He  SRYs,  that  division,  number  thirty-three, 
met  at  Crown  Street,  upon  the  eighteenth  of 
December ;  nothing  passed  tliere.  Upon  tlio 
twentieth  of  l>ecember,  the  delegates  met  at 
number  thirty-one,  Compton  Street;  Haidy 
was  present;  two  members  were  dcputefl 
from  the  Constitutional  Whigs  to  know  if  tha 
Corresponding  Society  would  concur  in  an  Ad- 
dress to  the  I  riends  of  the  People.  Division, 
number  twelve,  recommended  to  petition  par- 
liament before  Mr.  Grey  brinj^s  in  his  bill  (br 
parliamentary  reform— Martin  recommended 
not  to  publish  any  thing ;  that  the  timtt  wmM 
not  do;  that  they  eQ\skittf^^tax&%^\0K'*^s^ 
i     4Q 


1531]        S.5  GEORGE  HI.  TM  rf Thomas  Hmrdy  [UST 

trea«urv.  Ni;rr.ljcr  siirteen  move*  for  the  At-  j  from  the  Roman  Ctlhorxs  in  Irehcd,  wb* 
leL'Jite*  to  <!cifcriiii:ie  if  they  shouM  sign  the  :  were  of  the  same  mind  with  thenHcive*;  and 
Address  at  trie  Crvwn  and  Anchor-,  and  this  ,  the  application  was  Xn  them,  to  s«e  whether t 
was  lett  to  cvtr>-  man's  discretion;  that  is  the  j  commmiication  could  be  opened  vith  them, 
address  tiiat  had  been  formed  there,  by  ano-  '  Ilard^  was  present. 

ther  par*y,  in  support  of  government;  the!  The  next  is  a  meeting:  at  the  division  noo^ 
qucrti'jn  was,  whether  tliey  should  sign  that  her  twenty-three,  January  tne  eighth,  ia 
Address;  and  tl.is  was  left  to  everb^ man's  '  Crown-streiet,  Mcorfields.  He  says,  I  have 
discretion,  but  to  avoid  it,  if  possible.  Marga- '  got  down  here,  tliat  the  declaration — I  wp- 
rot  wrote  to  Cozens,  that  we  will  not  sign'at '  pose  the  declaration  mentkioed  before — it  u 
any  of  themcetiiizs.  "         I  the  opinion  of  this  diTisiony  that  it  shouid  be 

There  is  a  conimunication  from  Norwich,  rejected  ;  it  was  agreed  likewise,  not  to  ad- 
that  five  cuineas  had  ( cen  sent  up,  in  order ;  dress  the  king  at  all.  It  was  aajd,  Mr.  Grey 
to  have  Mr.  Fox's  speech  on  a  parliamentary  :  would  not  bring  forward  his  mc»tion  tor  a  re- 
reform,  sent  dowTi  to  tiie  persons  from  whom  !  form,  unless  petitions  were  sent  to  parLament; 
the  money  came ;  and  they  were  to  publish  '  agreed  to  petition  parliament  by  all  meaiii» 
some  hand- tills  to  express  a  dctcrmin<itlcn  to  and  not  to  address  them, 
persevere.  Five  hundred  copies  of  Mr.  1  ox's  I  The  next  is  a  'meeting  on  the  lenlh  of  J> 
speech  were  scut  accordingly.  Division  nuni-  '  niiar\-,  1793,  at  niunber  thirty-one,  Old-Cocnp- 
ner  sixteen  proposed  to  give  tickets  to  soldiers, '  ton-street ;  seventeen  delegates  attended,  rf 
to  admit  them  gratis,  itthey  chose  to  cuter;  :  whom  Uardv  was  one;  the  declaration  wu 
but  that  they  shall  be  warned  o\  their  danger :  ,  ordered  to  lie  upon  the  table  ;  then  it  was 
this  was  not  agreed  to.  Division  number  '  agreed  upon,  that  no  written  paper  be  brought 
twcniy-four  moved  to  publisli  our  determina-  j  in,  but  by  a  delegate,  or  throuen  the  treasurer 
tion  to  support  the  magistrates,  and  persevere  '  or  secretary.  Margarot  reported,  that  the  couor 


in  a  parliamentary  reform :  this  was  agreed 
to  ;  and  Margarot  was  desired  to  draw  u  up. 
A  petition  from  Carter,  who  was  employed  to 
fctick  bills  up ;  that  he  lost  a  place  of  twelve 
ahil lings  a  week.  Martin  had  been  directed 
to  defend  him ;  and  there  was  a  subscription 
to  defray  the  expense.  Ilidgway  had  com- 
niunicatcdy  that  be  was  ready  to  publish  any 
thing  the  society  chose  to  send  him.  It  was 
observe*]  by  Miirgarot,  respecting  Mr.  Fox, 


try  correspondence  did  not  shine  ;  there  were 
very  few  letters ;  he  reoorled  that  lie  hjd 
sent  a  letter  to  the  Friends  of  the  People,  at 
Free  Masons'  tavern :  the  answer  was  read : 
that  thcv  expected  to  obtain  an  effectual  re- 
form ;  tbev  were  desired  not  to  mix  fbcei{;n 
politics  wfth  home  poUtics,  and  to  avoid  isy- 
reign  correspondence.  It  was  remarked,  th»t 
this  society,  that  is,  the  society  at  F'ree  Ma- 
sons* tavern,  never  brought  Torw  ird  tneir  prin- 


thai  lie  had  gone  as  far  as  could  t7e expected;  '  ciples  ;  and  it  was  determined  not  to  ccrret- 
but  tiiat  they  were  not  obliged  to  him;  for  he  »  pond  with  them.  Bell  observed,  that  the adr 
w  t^  lorccd  to  avow  what  he  had  done.  Mar-  dress  to  the  National  Conventi<in  of  Frma. 
tin  reporlcd  that  Gay  had  cn)ployed  Carter  i  proves  that  we  mean  their  laws  here ;  t» 
to  stick  up  bill:j;  and  that  he  had  bturk  them    which,  according  to  this   minute,  MargiQOt 


up  ill  the  morning,  instead  of  the  evening,  as  !  said,  no  doubt ;  others  said  nothing, 
he  was  ilin.tted;  in  consequence  of  which,  he  i  That,  you  see.  is  the  most  uiatci 
wastakt.n  up.    The  next  i«  number  thirty-    these  papers  1  ha\e  hitherto  read   to  you 


one,  Compion-slrcet,  a  meeting  of  the  dele-  -  tliat,  in  the  course  of  the  conve^^.ltion  at  tiiu 
gales  on  the  twenty- seventh  of  December,  j  meeting  of  delegates,  respectiu-^  tiieir  addresi 
The  prijjoner  was  there.  FUich  delegate  was  to  the  N'aiiunal  Convention  uf  France.  Bell 
to  take  the  sen^^e  of  his  diviMon,  on  the  pro-  ■  said,  it  proved  that  tricy  mettnt  the  Frencb 
priety  of  admitting  soldiers,  and  on  what  I  laws  should  l>e  e>t.ibh>lied  here  ;  to  which 
term's.  '  ^largarot  said,  no  lioubt ;  Uie  others  said  up- 

He  says,  upon  the  third  of  January,  1793,  |  thing;  Hardy  was  tiien  present, 
there  was  a  meeting  of  delegates,  at'number  j  He  says,  it  was  observed,  tliat  a  plan  which 
thirty-one,  Compton  street ;  Margarot  was  had  been  proposed,  of  the  addition  of  a  huo- 
chosen  prendent;  Hardy,  secretary;  Field,  dred  members  to  the  House  of  Commons,  will 
8ub-secre*ary.  The  distresses  of  one  Thomp- |  not  do;  it  will  give  them  niurc  ad\anta^. 
son's  wife  were  laid  betore  liic  meeting ;  he  ;  and  keep  us  from  a  proper  reforu).  It  was  rfr- 
was  a  member,  but  had  gone  away  to  France  ;  ported  tliat  one  of  the  Irish  deieiz-itcs  had 
twelve  shillings  and  sixpence  was  collected  tor  '  agreed  to  correspond.  At  a  meeliiig  on  the 
her.    TIktc  was  a  motion  came  forward,  for.  14th  of  January,  at  Hardy's,  Hanly  said,  bf 


a  declaration  to  the  public  ;  two  divisions  ob- 
jected to  it;  the  declaration  was  proi>osed  to 
be  published ;  the  objection  was,  because  the 
declaration  said,  rather  have  a  constitution 


had    dispersed  lifty  of    our  addrcs^es,  aud 
twelve  of  Keirsant's  speech. 

The  next  is  a  meeting  of  delegates,  on  the 
17  th  of  January,  at  number  tliirty-one,  Comp* 


without  a  king,  than  a  king  without  a  constitu-  ton-strceL  It  was  reported  that  uuietecn  of 
tion :  it  was  obserred.  that  this  would  be  a  .  the  divisions  were  kept  up.  It  was  agreed 
thing  proper  to  be  wtiiL  if  thsv  wmb  npubli-  that  thev  were  to  debate,  and  consider  whether 
cans.    AlaiMVt  -Md  1 «  ><^teen,or  twenty-one,  was  the 

« letter.   J  .volin|;&r  amemberof  pailfl^ 


ISSS] 


for  High  Treason* 


nient^.  il  was  arinied,  it  should  be  eighteen, 
because,  al  thnt  Vs:<^,  they  are  liable  to  be 
mititia-men.  Division  iiuiiibcr  twelve  re- 
commended to  consider  of  a  public  meeting, 
to  discuss  parliamentary  reform  ;  that  was  re- 
ferred back  again,  for ,  further  consideration. 
Number  four  proposed' thanks  to  the  mayor  of 
Glasgow,  and  to  the  society  of  Durham  and 
Dundee,  for  uniting  with  the  society.  There 
were  sixteen  deleg:ites  present.  A  petition 
from  Carter  was  presented,  who  had  received 
sentence  for  sticking  up  a  bill,  suppf)scd  to  be 
a  libel.  A  special  committee  appointed  to 
examine  how  his  defence  had  been  conducted. 
A  motion  was  made  for  all  the  delegates  to 
meet  on  a  Saturday  evening,  to  discuss  politi- 
cal subjects.  A  letter  was  received  from  Nor- 
wich; the  Friends  of  the  People  want  to  pro- 
pose a  mild  reformation  ;  and  this  society  of 
Norwich  want  to  know  whether  they  are 
friends.  One  Hobhouse  had  formed  a  society 
at  Bath,  and  proposed  a  correspondence.  Then 
it  was  proposed  to  correspond  with  the  Nor- 
wich Society,  through  the  means  of  the  Bell 
Society. 

He  says,  on  January  the  24th,  there  was  a 
meetingat  number  thirty-one,  in  Compton- 
street.  Two  gentlemen  came  with  a  petition 
from  Thompson's  wife.  Martin  thought  it 
should  be  rejected.  There  was  a  conversation 
about  tlie  defence  of  the  bill-sticker,  and  also 
an  account  of  what  counsel  had  been  applied 
to,  and  who  did  undertake  the  defence  ;  there 
was  an  anxiety  about  the  manuscript  of  this 
bill  which  had  been  stuck  up,  which  had  got 
into  the  hand  of  Grant.  A  letter  from 
Kichter,  that  he  did  not  dare  attend.  The 
delegate  number  five  Is  going  to  France,  with 
some  copies  of  Paine*s  works ;  he  had  private 
notice  that  they  would  all  be  taken  up. 

Upon  the  3 1st  of  January,  Baxter^  the  de- 
legate from  number  sixteen,  proposed  that,  in 
future,  of  the  quarterage  money  six- pence 
should  go  to  the  society,  and  the  other  seven - 
pence  to  go  towards  the  expense  of  the  room  ; 
U  was  agreed  that  this  might  be  a  very  proper 
measure  to  be  adopted  for  the  poor  divisions, 
but  not  for  the  rest.  It  was  remarked,  and 
assented  to  by  all,  that,  supposing  there  should 
be  an  opposition,  and  the  two  parties  should 
come  to  an  open  rupture,  it  would  be  proper 
to  encourage  the  two  divisions,  number  six- 
teen, and  number  twenty-five,  in  Spital-fields. 
because  they  were  very  numerous,  and  it  is 
necesfrary  to  keep  them  together.  These  are 
the  divisions  bctbre  mentioned  to  be  as  large 
as  all  the  other  divisions  put  together.  This 
last  remark,  he  says,  he  makes  from  his  re- 
collection. Number  seven  proposed  to  pub- 
lish a  letter,  which  had  been  written  by  a 
Mr.  Law  to  Mr.  Reeves  respecting  the  busi- 
ness of  an  association ;  but  this  was  rejected ; 
and  anotlier  publication  was  proposed.  The 
reply  to  the  answer  of  the  Friends  of  the 
People,  objects  that  they  were  not  explicit ; 
and  they  want  to  Imow  how  far  they  mean  to 
go  with  their  design ;  and  Lynam's  note  is. 


A.  D.  1794.  \13Si 

that  they  were  apprehensive  of  a  breach.  Tlus 
general  sense  of  the  Friends  of  the  People 
aid  «ot  go  as  far  as  the  London  Corresponding 
Society,  or  Constitutional  Society,  who  thought 
that  it  must  come  to  a  stniggle  :  this,  he  said 
also  was  recollection.  Margarot  said,  they 
were  getting  on  fast  again  ;  a  petition  is  not 
the  mode.  "Then  conies  a  material  passage 
—but  yet,  it  was  agreed  a  petition  should  be 
presented,  to  keep  the  public  mind  agitated 
upon  the  sul)jcct  of  reform. 

He  says,  upon  the  firth  of  February,  the  di- 
vision number  twenty-three,  met  in  Crown- 
street.  It  was  rrporled,  there  were  sixty 
friends  to  the  cause,  uiio  declined,  at  present, 
meeting  the  society  ;  but  they  are  good 
friends,  and  wi<ih  them  success  ;  that  there 
were  certain  religious  societies  in  the  king- 
dom, whose  sentiments  led  strictly  to  repub- 
licanism ;  they  were  numerous  in  several  of 
the  great  towns ;  naming  them ;  and  particu- 
larly in  London :  and  that  the  societies  in 
London  were  just  now  beginning  to  orpnizc 
themselves  agreeably  to  the  principles  in 
France,  and  that  they  were  to  meet  on  Mon- 
days and  Thursdays.  It  was  said  that  Painc*s 
works  had  been  published  in  Sweden. 

The  next  meeting  was  on  the  7  th  of  Fe- 
bruary, of  the  delegates,  at  number  eight. 
Queen-street,  Seven  Dials.  The  prisoner. 
Hardy,  was  there.  They  were  anxious  to  pre- 
serve the  divisions,  sixteen,  and  twenty-nve, 
as  poor  divisions;  these  were  Baxter's  divi- 
sions ;  that  they  would  be  of  great  service,  if 
we  should  go  to  war ;  this  was  an  observation 
of  MargaroVs.  Many  said,  it  was  eventually 
expect^  that  there  would  be  a  rising  in 
the  country.  A  letter,  sent  to  Bath,  has  Dcen 
gone  fourteen  days,  and  no  answer,  though 
two  letters  have  been  sent.  A  Sheffield  letter, 
of  the  16lh  of  January,  by  order  of  the  Con- 
stitutional Society,  had  been  conveyed  to  all 
the  societies,  requesting  to  know  how  far 
they  mean  to  go ;  and  all  were  of  one  opinion 
not  to  petition  this  year.  Hardy  was  present^ 
and  proposed  that  there  should  be  a  delegate 
from  each  division  of  the  society,  to  agree 
liow  to  proceed.  Mr.  Fox  has  observed,  in 
the  House  of  Commons,  that  the  people  have 
a  right  to  alter  the  government  when  they 
please  ;  the  Scotch  and  the  Irish  have  done 
It.  The  London  Corresponding  Society  were 
first  formed  to  send  a  delegate  to  all  the  other 
societies,  to  determine  the  best  way  of  reform. 
The  Friends  of  the  People,  in  the  Borough, 
still  exist,  and  were  determined  to  commune 
cate  with  this,  and  other  societies,  and  in« 
auire  into  their  intentions.  It  was  agreed 
tnat  a  circular  letter  should  be  sent  to  all  the 
societies  in  London,  to  meet,  two  or  three 
firom  each,  and  couie  to  some  determination. 
The  question  to  be  debated  at  each  division. 
What  is  the  best  way  of  proceeding  ?'and 
that  meeting  to  ho  advertised.  It  was  deter- 
mined to  write  to  Sheffield,  to  inform  tliem, 
that  we  will  answer  them  very  ahocU^^ba^  ^«% 
meaatopiQCfi»i, 


IM]       S5GE0B0BIIL 

Upon  the   14t]i  of  Fcbnivyt   1798,  tht 
diviaoD.  number  twirivey  chose  Mr.  Godftegr 
ti  ft  dei^gttte,  wbo  was  needed,  being  kail 
Qeorge  Goidoii't  mtteniej.    My  note  in,  that 
tlim  was  another  man  m  the  divinoo,  ooo- 
^apted  with  kifd  Geor^  Gordon,  who  waa 
nijaclad.  TohedetemunedattheneiiBaeelp 
iaJL  whether  Ih^  were  to  petition  pariianient; 
W?  Che  observation  it.  that  it  will  enga^^  the 
fiAlic  attention  for  the  present.    Afiieed  to 
oemand  a  conference  with  the  Constitutional 
Society:  they  are  drawing  up  theetate  of  the 
npnaentation,  and  are  zpm  as  ftr  aa  us. 
Hm  Friends  of  the  Peoj^  do  not  go  so  ftn 
The  Borougjh  Society  dEo^s  not  go  so  fer. 
Molhom  Society  say,  thsy  are  for  Republica* 
9ipm.    The  Aldgi^  Society  li  broken  uf ; 
and  nioit  of  the  members  liave  jiuned  tbe 
Corres|XNidiq|  Society.    There  were  ahool 
ais  societies  m  Lonoon  to  confer  with.    A 
letter  sent  to  the  Constitutionai  Whip  at 
SbeffieUf  wynif  ,  there  will  be  a  conliBrence 
fbout  this  matter,  and  that  they  will  write  to 
Uieffl.    Three  questions  would  be  proposed 
m  oonskieratioD'-whetlier  to  petition  the 
IMng— to  petitwn  parliament-^  to  call  a 
conventKMi.    It  was  remarked  that  it  would 
be  well  to  decline  coming  to  anyreeolutum 
till  Uie  whole  nation  are  efpeed.    Margarei 
m^yh  the;r  ahookl  neither  peUtbo  nor  remon- 
atratei   it  woukl   be  unconstitutiooaL    Ra- 

Srted  that  tbe  AUcAte  Society  had  tbankad 
r.  Fox  for  hie  speech,  say  iag,  that  the  peepla 
aoiight  alter  the  cpnatiUition^  mthout  gmng 
their  reasons. 

The  next  is  a  meeting  of  divisbn  number 
twenty-three,  held  on  the  10th  of  February, 
VI  Crown-street.  The  question  was  agitated, 
^bich^was  the  right  age  for  election,  eighteen, 
or  twenty-one;  which  was  put  to  tbe  vote. 
Came  io  a  determmation  to  petition  parlia- 
ment. 

On  the  31st  of  February,  il^  delecates  met 
at  Compton-street.  Godftey,  who  had  been 
raected  and  re-diosen,  was  rejected  acain, 
but  insisted  he  would  not  quit  the  place; 
therefore  they  had  no  other  way  of  getting  rid 
of  him,  but  by  adjourning  to  Charles-street. 

On  Saturday  evening,  the  83rd,  it  was  re* 
ported  that  a  great  number  of  delegates  were 
Uk  town  from  different  societies  in  Scotland, 
upon  a  reform. 

The  Constitutional  Society  have  adjourned 
ViU  tbe  a6tb  of  March,  to  see  what  Mr.  Grey 

3ould  do  in  parliament  Agreed  to  write  to 
1  the  societies,  to  present  a  petition  to  par- 
liament ;  that  their*s  was  to  be  prepared  im- 
mediately; and  it  was  expected  theyshouki 
have  twenty  thousand  names  to  this  petition. 
If  this  petition  was  reacted,  thev  wouki  write 
to  their  ^enda  to  continue,  and  then  wiU  be 
iim  time  for  all  to  unite,  and  to  pcftitkai  tbe 
king.  The  Friends  of  U)e  Peopk  approva  ef 
Vr.Grey'aremonstraiM.  BepDrted  that  lUi 
baak'a  fofosiog^  to  dkmmifc  wouldaaeiM  the 
>^,HiiiBng .imotyiney,  jABsanaed* 
i>iifrtoeiibecribet»njpno^yS4 


[IS» 


IVlpi  (|f  xMinMi  Jrafdy 

ipprisonnent  lor  debt;  .,. 

actibe;  bat  theyapned  «liej«o«ld  taimm^ 
tmM  hom  it,  that  wan  worth  fddiBUagi 
lliQBe  was  ft  letter  ainad  ianndftlt  Certain  «r 
Curtaia,  HielMkofFabiWHyt  vtMamm^m 
letter  of  the  iiat ;  and  there  waa  an  naowsr  ift 
the  Norwich  Society,  that  tiwy  ^kmk  «Im. 
Frianda  of  the  Peapte  ftPB  iModa  m  tfaa  MM^ 


On  the  iStti of  Frtmaiyv tlieniinuft 


iftf  of  the 
aoslerRow. 
Mr.  Fml  and  the 
derdab,  aodthftllfaia 
thenewapawa.    Leileia 


atiff^MiPM» 


of  FiKraaiy,  by  aider  of  tlwc  rini^'anii 
Thewitnere  ^nm  Eatraols  of  tfaa  lelllii 
agreed  to  write  to  the  8hefficid  Sodely;  tte> 
pettbon  to  iv^liamenl^  though  itwon^  ere* 
ttt  thia  tine  it  will  answer  ft  gaadpv* 
The  London  CoiioipOndingSocMlye 


IpBint  to  petitbn,  awl  write  to  aUllie  i 

m  tnia  kingdoin,  todoeo;  it  will  es 

tuUeot  to  be  agitated  everv  weak;  not 

belost;  andsay,  we  equally  lament  the  «»} 

Gerrald  proposes  a  petition  firom  the  f     *~~ 

Comaponding  Society  to.ba  earn  h- ^ 

to.Mr.  Fox  to  be  presantod. 

On  the  7th  of  March 

m^  Hardy  waa  there;  a. petition  to  | 

ment  produced,  read,  and  refeiwd  to  tnadm» 

sionsi  on  the  98th  of  March  iiew  drtaptoe 

aia  to  be  dioeen ;  Mr.  FMnd'a  painphlalan 

the  war  to  be  reprinted,  andeachdtviMnto 

have  one ;  a  petitum  to  be  drawn  out  on  nil 

of  parchment,  each  delegate  to  have  one,  aoi 

to  try  what  coffee-bouses  will  take  it  io  to  is 

to  receiye   signatores.    Upon   the   Slst  ef 

March.  Baxter  reported  that  there  had  bam 

constables  at  his  division  ;  a  letter  dated  tbe 

16th  of  March,  from  the  Birmingham  Sodeqr 

to  Hardy,  of  which  he  gives  extracts  b^inainc 

Citixen  Hardy;  repoi^  that  theFnendsw 

the  People  had  received  two  lettera  from  lbs 

Friends  of  Freedom;  Grant  and  littleiebft 

were  dismissed  from  their  situation  as  boao« 

rary  members  of  the  Conslitotional  Sodety— 

that  sode^  wrote  to  thia  socielgr  lor  ote 

honorary  members;  Grant  was   dtschai||Sd 

because  he  refused  to  give  up  the  mamiscnpt; 

Margarot  made  a  motion  to  print  a  thousand 

of  Freind^s  address  to  Republicans  and  Ab6> 

Eepublicans,  to   make  extracto  and  strsH 

remarks  by  Margarot    Upon  the   08th  m 

March  there  were  seven  hundred  and  tiigbiaw 

signatures,  and  five  skins  are  not  yet  btot^ 

in ;  a  select  committee  chosen  to  make  mm 

laws  and  to  fbrmdivirions;  a  select  oomautise 

to  consider  of  foture  r^ulatiooa  for  the  eocieQ 

at  large,  and  lor  the  oonetitotion  of  gsnswi 

prindplee«  Gn  the  nth  of  April  two  ti       ^' 

nad  signed  this  petitson;  wroto  to  tito 

of  the  People,  thaidung  tfiem  lof  ' 

paitialatatooft' 

to  ha 


'Jti^v  :  i-TkftJii 


•i 


J3S7] 


fir  High  Treason* 


A.  D.  1794. 


[123B 


On  the  99th  of  April  there  was  the  annirer* 
sary  dinner  of  the  Constitutional  Society,  at 
the  Crown  and  Anchor  tavern,  lord  Sempill  in 
the  chair.  The  witness  says  they  talked  very 
boldly,  and  laughed  at  the  fears  of  the  public, 
and  were  sure  a  revolution  would  take  plaee 
in  this  country.  Then  come  the  toasts— the 
RighU  of  Man— may  Despotism  be  trampled 
under  the  hoofk  of  the  Swinish  multitude,  &e. 
On  the  9nd  of  May,  a  delegate  meeting, 
number  thirty-one,  Compton-street,  eleven 
delegates  present;— Mr.  Fox  wrote  to  Hardy 
that  the  petition  which  had  been  brought  to 
him  went  to  a  radical  reform,  by  which  woukl 
be  understood  universal  suffiate,  which  he 
was  not  a  friend  to,  but  he  woold  present  the 
petition  if  we  desired  it;  they  then  desired 
Mr.  Francis  to  present  it;  two  of  the  Sheffield 
delegates  that  brought  their  petition  were 
made  honorary  members ;  Mr.  Fox's  note  was 
produced,  but  nothing  turns  umm  that. 

At  a  meeting  on  the  10th  or  May,  number 
•even  proposM  to  draw  up  a  remonstrance 
against  the  war.  It  was  said  Hardy  had 
received  an  anonymous  letter. 

At  a  meeting  on  the  93rd  of  May,  twelve 
delegates  pre^nt.  It  was  proposed  to  call  a 
s;eneral  meeting;  there  was  a  letter  from 
Littlejohn  on  the  18th  of  May— proposed  to 
have  a  committee  to  prepare  an  aodress — 
notice  was  taken  of  Le  Brun's  letter  to  lord 
Grenville;  this  might  be  thought  to  have 
come  from  some  communication  with  France, 
and  they  waited  to  see  what  notice  would  be 
taken  of  that  letter.  On  the  90th  of  May, 
Hardy  moved  to  break  up  for  three  months, 
which  was  not  carried. 

Upon  the  6th  of  June  a  public  meeting  was 
advertised  five  for  six ;  thanks  were  voted  to 
Mr.  Wharton  for  his  speech — agreed  to  he 
printed,  and  comments  to  be  made  upon  it; 
Margaret  to  get  a  thousand  copies  of  Mr. 
Wharton's  speech.  The  witness  says  he 
ceased  to  be  a  delegate  firom  the  15th  of  June. 
He  says  he  attended  division  twenty-three 
on  the  95th  of  September— reported  that 
there  was  a  new  society  at  Coventry,  which 
was  increasing,  and  that  there  was  a  new 
division  of  the  Correspondins  Society  that 
net  at  the  Orovc,  in  Bandy  LeK  Walk.  It 
was  stiftted  that  Cniden,  of'^  Walwortti,  had 
written  that  offensive  paper  called  La  Guillo- 
tine; it  was  remarked  tnat  he  \ms  siipposed 
to  be  employed  by  tlie  Convention  in  France. 
It  was  reported  that  there  was  a  petition  to 
the  king  brought  forward  at  the  last  meeting 
of  delegates,  but  it  was  declared  by  1^1  r. 
Vaiighan  to  be  treasonable ;  in  consequence 
of  which  another  was  prepared;  eighteen 
new  members  were  made  that  week;  Bell 
was  going  to  Ireland,  and  would  establish  a 
rorrespondcnce  there ;  a  petition  was  brouglit 
forwsrd  against  the  war ;  Hodgson  was  chosen 
president,  and  Hardy  continued  9ccretai7. 

On  the  94th  of  October  there  was  a  meeting 
in  Hackney-road  to  elect  two  delegMS  to  be 
Mnt  to  the  conventiaa  in  Seotfauid^  M vgarot 


and  Gerrald  were  elected.  On  the  5th  of  Nov. 
it  was  reported  that  Hodgson  had  resigned, 
and  that  Baxter  was  chosen  chairman ;  that 
Margarot  and  Gerrakl  went  to  Scotland  on  the 
30th  of  October;  that  the  funds  were  low,  the 
subscriptions  not  equal  to  the  expenses;  that 
another  delegate  be  chosen  from  each  division, 
to  form  a  sub-committee  to  revise  the  consti- 
tution; report  of  a  new  society  formed  at 
Bristol;  that  colonel  Macleod  and  Sinclair 
were  ^le  as  dele^tes  to  Edinburgh  from  the 
ConstitutKMial  Society. 

Then,  sentlemen,  you  heard  of  an  associa- 
tion at  Lambeth,  to  learn  the  manual  exer- 
cise ;  the  plan  was  not  matured ;  these  were 
members  of  the  Corresponding  Society,  who 
were  desirous  of  learning  the  exercise.  That 
memorandum  respecting  the  association  at 
Lambeth  is  so  far  material,  that  it  speaks  of 
that  association  as  a  thing  that  had  been  only 
then  heard  of  for  the  first  time,  and  had  not 
originally  proceeded  from  the  committee  of 
delegates. 

On  the  Idth  of  November  a  division  meet- 
ing, number  twenty-three.  Read  a  letter  from 
Norwich  approving  the  convention  at  Edin- 
burgh :  that  the  finances  are  very  low,  and  a 
second  subscription  is  wanted  to  support  the 
delegates  in  Scotland.  There  is  a  kind  of  me- 
morandum, or  sort  of  instruction  for  the  del^- 
gates;  a  letter  is  sent  to  the  delegates  re- 
questing them  to  visit  all  the  societies  in 
Scotland.  The  witness  Says,  that  at  first  he 
thoueht  that  what  was  said  of  the  finances  re- 
latecT  to  the  Norwich  Society ;  but  looking 
again  he  rather  thinks  that  it  relates  to  bis 
own  society ;  reported  that  there  was  to  be  a 
second  general  meeting  to  be  held  at  Edin- 
burgh, but  afterwards  it  was  altered  and  in* 
tended  to  be  held  at  Glasgow :  there  was  a 
letter  read,  dated  the  8lh  of  November,  from 
Hardy  to  the  delegates  in  Scotland. 

On  the  ind  of  January,  the  witness  attends 
asain  as  a  delegate ;  they  resolved  to  remove 
the  committee  room  to  number  three,  in  New 
rU)mpton-street;  that  no  person  who  had  not 
belong  three  months  to  the  society  to  be 
electe<l  a  delegate ;  agreed  to  draw  up  a  hand- 
hill  approving  of  the  conduct  of  the  delegates 
in  Scotland,  and  censuring  the  justices;  to 
distribute  a  thousand  in  Fxlinhurgh ;  a  letter 
was  read  from  Sheffield,  signed  Willhuu 
Broomhead,  chairman,  recommending  them 
to  come  to  some  spirited  resolutions  to  be 
adopted  for  the  support  of  the  delegates  im- 
mediately ;  it  was  said  that  at  this  meeting 
there  were  about  two  thousand. 

The  next  meeting  is  the  9th  of  January ; 
he  has  not  got  f lardy's  name  down  at  pre- 
sent, but  believes  he  was  there ;  there  was  to 
be  a  general  meeting  on  the  tOth  for  dinner 
at  the  Globe ;  a  sub-committee  was  appointed 
for  the  management  of  this  meeting,  the 
munes  put  down  for  stewards  were,  Thelwall, 
FVanklow,  Agar,  Kydd,  Lnvett,  Harriion^ 
Stiff,  Peacock.  Harris,  SinclairyPowel,  Wil- 
Htm9|  Mitdlel|  Pttrte^Khttw^  i&sWiSXTl^Bsa!- 


business  began ;  they  went  to  a  room  iibove 
stars,  there  were  Martin,  Ramsay,  Richter, 
Thclwall,  and  Hardy  there.  The  short- hand 
vvriter  reiK>rted  Mdrgarot's  trial;  an  address 
to  the  n*ition  was  carried,  and  then  they  ad- 
journed to  dinner,  Thel wall  was  chainnan; 
the  witness  dineil  in  an  adjoining  room ;  the 
witness  came  again  into  the  large  room  soon 
after  he  had  dmed. 

There  was  a  meeting  of  delegates  at  num- 
ber three.  New  Campton-^treet,  on  the  liSrd 
of  January;  the  prisoner  was  there — agreed 
that  hand-bills  be  stuck  up,  saymg  what 
srievauc^s  wc  wish  lo  redress,  riic  next 
uiing  timt  came  forward  was  a  box  for  the 
subscription  for  the  support  uf  the  delegates 
ill  Scotland;  it  was  opened  that  night,  the 
amount  wa5  13/.  4t.  lid,  and  nine  liad  slul- 
lings;  it  was  proposed  to  publish  the  names 
of  those  who  Iiad  given  evidence  against  the 
patriots;  this  was  objected  to  byThelwall,  as 
It  might  produce  massacres.  It  wa^  proposed 
at  that  time  to  chouse  two  sub-delegates  to 
attend  the  perpetual  committee  to  watch  the 
parliament  every  night;  this  proposal  was 
not  carried ;  it  was  proposed  that  the  com- 
mittee should  be  made  perpetual. 

Upon  the  3(^th  of  January,  a  meeting  of 
delegates.  Hardy  being  present,  division  num* 
her  eleven  recommended  to  divide  the  metro- 
polis into  divisions;  number  thirteen  inuvcd 
to  reconmiciid  it  lo  those  who  are  not  mem* 
bers  to  subscribe;  number  eii^ht  wished  to 
know  if  they  shouid  remove  intu  the  Burough, 
that  press-gangs  were  about,  and  they  had 
lost  their  business ;  Thelwall  moved  to  ap- 
point a  permanent  committee  of  delej^ates  to 
consider  of  the  measures  to  be  pursued  during 
the  present  posture  of  affairs,  and  to  be  a  at^- 
ccfii  one ;  those  of  the  ^^cufind  committee  of  , 


^ 


Gcfltlemcn,  thls]_ 

this  ap|H»iLilrnirrit  tVf  4 

to  the 
act  in 

secret  committee  were  &fl« 
this  extraordinary  wav,  bu 
another  secret  cuminlitee, 
not  to  be  known ;  so  tlie 
conducted  by  a  secret  can" 
pruhahlv  he  the  s»me  pen 
h'-  '  '.e  to  b< 

'1'  is,  tb 

be  uaii^truus,       SS  Mat    thi 

were  tu  do  is  matter  of  ob 
extraordinary    procec  ^ 
ceived  in  a  parcel   ft 
garot,  dated  the  1  Hb  -  .  .1 
was  received  from   Gerral 
writer  to  be  sent  down 

At  a  meeting  on  th 
number  eighteen  ro«vedl 
of  Swine;  a  coniniitiee  of 
the  new  constitution  of  Ih 
that  60,000  hand  bills  cj 
speech  respecting  the  for^ 
ed,  and  to  return  him  tl 
time  the  witness  says  he  o 
gate.  He  was  then  asked 
was ;  he  debcrihes  him«>e 
monger,  and  lo  be  in  ihc 
that  he  wab  hr$^t  arnon^  tl 
dent  at  the  sign  of  lljc  Kim 
he  saw  ^ome  of  the  resolnti 
he  told  the  landlord  that  Ih 
to  be  a  meeting  to  ovcrlui 
and  advised  him  not  lo  h 
any  more,  for  if  he  did  ih 
his  licence  taken  from  htnig 
into  the  room  and  conn^ 
he  refexa  to  a  Da&ef  ^rhicfl 


1541] 


Jw  High  Treason. 


the  retail  way  since  he  left  Alexander  Shrimp* 
ton  and  Company ;  that  the  resolutions  and 
addresses  were  first  published  upon  the  twenty- 
fourth  of  May  1793 ;  he  says  that  when  he 
was  tried  for  being  a  spy,  there  was  nothing 
particular  brought  forward  against  him.  In 
that  month,  he  says,  he  went  into  Stafford- 
shire and  Yorkshire  for  some  time  ;  that  he 
consulted  with  a  friend,  who  recommended  to 
him  to  make  a  report  of  these  transactions,  and 
he  has  done  so  from  time  to  time ;  he  thinks 
the  first  report  he  made  was  on  the  first  of 
October,  1793  ;  he  made  his  reports  to  one 
whom  he  was  certain  would  communicate 
those  reports  to  a  proper  channel,  but  that 
^rson  was  not  a  magistrate  ;  he  says  he  put 
down  everything  he  could;  that  it  was  his 
duty  to  do  so,  for  he  was  to  report  to  liis  own 
division,  and  he  gave  the  same  reports  to  his 
division,  according  to  his  notes,  as  he  had 
given  into  that  cliannel  by  which  he  meant  to 
make  a  discovery  of  all  that  had  passed. 

Gentlemen,  it  has  been  a  fatiguing  work  to 
go  through  these  broken  accounts  of  the 
transactions  of  the  society  from  this  man's 
notes,  and  the  accounts  must  necessarily 
be  somewhat  imperfect;  but  upon  the 
whole  they  carry  with  them  very  great 
marks  of  authenticity ;  and  with  respect  to 
those  facts  which  can  be  clearly  collected 
from  them,  they  seem  to  be  very  weightily 

S roved,  and  I  cannot  imagine  that  the  evi- 
ence  of  this  man  is  shaken  in  any  particular 
whatever,  from  the  mere  circumstance  of  a 
man,  otherwise  of  credit,  choosing  to  give  in- 
formation of  proceedings  which  he  conceived 
to  be  dangerous  to  the  constitution  of  the 
country ; — to  say  that  that  is  to  afiect  his  credit, 
is  not  a  thing  to  be  asserted  in  a  court  of  jus- 
tice, nor  fit  to  be  encouraged  by  a  jurjr. 
'Wherever  men  of  this  description  give  evi- 
dence, and  they  give  their  evidence  m  a  way 
which  is  fairly  open  to  observation,  the  cir- 
cumstance of  their  coming  to  give  their  evi- 
dence in  this  manner  will  have  its  weight,  but 
if  their  evidence  in  other  respects  is  uniformly 
consbtent  and  probable,  and  is  not  impeached, 
it  is  not  enough  to  say  that  this  man  went  into 
this  society  on  purpose  to  inform  the  magis- 
trate of  what  was  passing.  It  is  extremely 
necessary  that  should  be  done ;  it  is  the  duty 
of  magistrates  to  watch  over  the  public  peace, 
if  any  thing  material  is  going  forwanl  by 
which  the  public  peace  of  the  country  may  be 
aficctcd ;  it  is  the  duty  of  the  magistrate  to 
use  all  proper  means  to  bring  these  proceed- 
ings to  light,  in  order  that  they  may  be  brought 
to  the  test  of  the  law;  and  he  would  be 
criminal  if  he  did  nut  use  those  means. 

The  next  witness  is  Maclean ;  he  produces 
a  letter  found  upon  Adams,  the  secretary  of 
the  Coustitutional  Society,  dated  the  thir- 
teenth of  October,  1793.  from  the  editor  of 
the  Patriot  at  Shctlield,  directed  to  John  An- 
drews, secretary  to  the  Society  of  the  Friends 
of  Universal  Peace  and  the  Rights  of  Man,  at 
S4Dckport. 


A,  D.  179*.  [1542 

This  letter,  though  of  a  pretty  old  date, 
seems  to  have  deserved  attention ;  it  shows 
the  extraordinary  diligence  and  attention  with 
which  the  making  proselytes  to  this  cause, 
was  pursued  in  that  |)art  of  the  country,  as 
well  as  in  many  others.  That  letter  and  the 
answer  to  it  must  be  read. 

[See  pages  825  &  829.] 

Gentlemen,  the  next  witness  is  John 
Coates ;  he  says  he  is  an  apprentice  to  Frank- 
low,  who  lived  at  number  one,  China  Walk, 
Lambeth ;  he  says  he  was  bound  apprentice 
in  November  last ;  that  Franklow  used  to  b« 
out  late  of  nights;  that  there  used  to  be  ex- 
ercising with  fire  arms  up  stairs  twice  a  week, 
about  eight  o'clock  in  the  evening;  that 
ShelmercBne  and  Williams  were  two  of  the 
persons  who  used  to  be  there,  there  wert 
about  eight  or  nine  of  them;  he  supposes 
them  to  be  the  same  persons,  the  window 
shutters  were  shut ;  his  master  used  to  go  to 
Worcester-street,  in  the  Borough,  he  does  not 
know  what  he  did  there ;  he  says  the  arms 
they  used  at  his  master's  house  were  kept  on 
the  first  floor,  he  did  not  know  where  the^ 
were  put  afler  his  master  was  apprehended ; 
he  remembers  seeing  cartouch  ooxes  in  the 
cutting  room,  they  lay  upon  the  board ;  ht 
once  saw  his  master  in  regimentals,  and  that 
Williams  had  a  uniform,  he  saw  his  master 
in  regimentals  one  Sunday  morning  in  tht 
house. 

James  Walsh  was  at  Chalk-farm  when 
Richter  read  the  resolutions;  he  heard  the 
word  convention  mentioned  by  him,  and  that 
they  had  formed  a  correspondence  with  dif- 
ferent societies  in  different  towns ;  that  was 
all  he  could  speak  to,  except  that  two  hun- 
dred thousand  copies  of  the  resolutions  were  to 
printed ;  and  he  says  that  The! wall  spoke 
very  violently. 

Thomas  Green  was  the  next  witness ;  hi 
says  he  is  a  perfumer,  tliat  he  also  deals  in 
knives  and  cutlery  ware ;  he  says  it  is  cus« 
tomary  for  perfumers  to  deal  in  such  articles ; 
he  says  he  had  knives  with  a  catch  in  the 
back,  he  had  three  dozen  of  them  from  Shef* 
field,  packed  in  small  parcels,  he  sold  four- 
teen of  them,  he  can  name  three  or  four  per- 
sons who  bought  single  knives,  one  was  the 
prisoner  at  the  bar,  and  that  he  sent  him  six 
others  in  a  package ;  that  he  was  to  make 
choice  of  one,  and  if  he  could  dispose  of  the 
rest  he  might;  he  did  not  book  them,  and 
four  of  them  were  returned  after  Hardy  was 
apprehended,  he  had  not  called  on  him  before  ; 
he  said  he  sold  one  to  one  Mr.  Billiugton,  and 
one  to  Groves ;  he  had  them  from  Scoffield 
and  Company,  at  Sheffield;  that  he  had 
dealt  with  another  person  in  Sheffield ;  they 
have  riders ;  one  happened  to  bring  patterns 
of  this  kind  of  knitc,  which  before  he  had 
seen  in  shops  in  the  Strand,  and  other  places, 
and  so  he  ordered  a  parcel ;  he  says  he  docs 
not  know  how  Hardy  came  to  know  that  lui 
had  them ;   he  says  that  in  CqislV^^-'^xvu^ 


ISIS]       35  GEORGE  III. 

be  ate  his  rapper  with  one  of  these  knii-es, 
Peerce  had  another  which  was  rather  better 
finished,  and  which  he  had  not  bought  ot  the 
witness. 

Upon  his  cross- examination^  he  says  he 
used  such  a  koite  as  this  seven  years  ago ; 
that  he  has  twenty  of  the  three  dozen  he 
bought  left  now;  *most  cutler's  shops  have 
them  ;  that  he  sold  them  in  the  common 
course  of  his  trade.  As  to  Groves,  iie  ^ays 
he  came  to  purchase  a  knife,  and  he  remarked 
the  utility  at  the  knife ;  he  did  not  tell  Groves 
that  he  bad  sold  two  or  three  hundred  of 
them,  but  Groves  asked  him  if  he  had  sold 
many,  he  told  him  yes,  he  not  liking  to  dis- 
courage the  sale  of  bis  own  goods ;  he  says 
be  did  not  desire  Groves  to  speak  low,  be- 
cause the  parlour  door  was  open,  and  his  wife 
was  a  damned  aristocrat,  he  did  not  use  such 
fta  expression ;  he  did  not  desire  Groves  to 
apeak  low;  that  the  knives  lay  openly  in  the 
glasf  case  for  sale;  he  says  he  did  not  keep 
them  to  sell  to  mischievous  people,  and  he 
does  not  recollect  sa^iin^  a  word  aliout  his 
wife,  or  usinc  the  word  aristocrat,  and  that  he 
never  wished  to  conceal  from  his  wife  that  he 
sold  these  knives. 

Now  here,  undoubtedly,  there  is  a  flat  con- 
tradiction between  him  and  Groves;  they  are 
both  witnesses  called  on  the  part  of  the 
crown ;  they  certainly  put  you  under  a  di- 
lemma, and  make  it  difTiCult  for  you  to  be  sa^ 
tisfied  that  Groves  is  a  person  who  is  entitled 
to  credit  for  what  he  has  said ;  at  the  same 
time  though  Groves  is  contradicted  in  this 
particular  by  this  witness,  he  is  contradicted 
in  no  other  particular  where  witnesses  mi2;ht 
have  been  called  to  contradict  him,  that  i>>  a 
circum!)tance  for  your  consideration,  upon 
which  you  will  cxercihe  your  Judgment,  I  am 
not  not  at  all  pressing  you  to  incline  to  give 
more  credit  to  a  witness  who  has  been  con- 
tradicted in  one  particular,  llian  the  whole 
tenor  of  his  evidence  upon  the  whole  entitles 
him  to. 

The  next  witness,  is  Edward  Hods^in,  a 
printer ;  he  declined  answering  whether  he 
printed  a  particular  paper  which  was  shown 
to  him,  but  he  admits  that  one  Hodgson  ap- 
plied to  him  to  print  it,  and  brought  the  ma- 
nuscript. It  is  a  hand-hill  respectiug  the 
Ins  and  Outs,  that  we  arc  in  danger  from  the 
French,  and  from  the  Hessians  and  Hanove- 
rians, in  either  case  we  should  get  arm%  and 
learn  how  to   use  theni — you   recollect  the 

Eapcr.*  He  says,  that  from  all  he  obser\'ed, 
c  has  no  rta'«on  to  suppose  that  they  had 
any  thing  but  a  reform  of  parliament  in  view, 
that  it  was  no  part  of  their  plan  to  attack  the 
kmg,  he  never  heard  any  such  thing,  or  to 
displace  the  Lords — he  would  not  have  con- 
tinued a  moment  longer  in  the  society,  if  he 
had  supposed  any  such  thing. 

He  says,  that  upon  Hardy  and  Adams  being 
taken  up,  and  reports  being  in  circulation^ 

«  Sec  p.  897. 


Trial^Tkamai  Hardy 


risu 


•  that  under  pretence  of  referm,  they  had 
other  objects  in  view,  be  left  them — he  says 
he  under$tood  the  Convention  was  a  thicg 
not  determined  upon — tiiat  they  were  to  take 
the  advice  of  the  societies  in  the  country. 

.  whether  they  were  to  assemble  a  cocveotioB 
— he  says  there  was  no  idea  of  their  raakme 
laws,  or  introducing  the  anarchy  of  Fiance 
into  England — he  became  a  member  in  the 

'  month  of  February — he  says  he  has  read  i 

Erinied  copy  of  thc'resolocioos  at  Chalk- tana , 
e  has  seen  m  printed  copy  of  the  pruceedings 
on  the  twentieth  of  January* ;  he  knew  no- 
thing of  their  having  any  thins;  to  do  with 
the  works  of  Paine — that  serenl  people  ap- 
plied to  him  lo  print  the  proceedinn  at 
Chalk-farm. 

The  next  witness,  is  George  Ross  of  Edki- 
burgh ;  he  says  be  became  a  member  of  the 
Society  of  the  Friends  of  the  People  in  £dia- 
'  burgh,  about  the  end  of  the  vear  1793  :  that 
he  was  a  member  of  the  Hritish  Conventioc : 
,  he  says  he  made  a  mistake  at  nrst,  as  to  the 
\  year,  it  was  in  1799,  that  he  was  made  & 
'  member ;   that  at  the  end  of  November,  o: 
;  the  beginning  of  December,  1795,  the  dele* 
I  gates  from  oUier  societies  in  Scotland  atteod- 
!  cd,  and  some  from  England ;    he  says  h^  n- 
'  ccived  some  letters  from  one  Stock,  in  Edm- 
!  biirzh,  who  was  a  member  of  another  society 
of  the  same  nature ;    he  says  he  sent  several 
'  of  them  into  the  country ;    one  to  a  person  of 
the  name  of  Miller,  at  Perth,  which  is  now 
,  produced;    he  sent  one  to  Strathaven,  and 
<  one  to  Paisley ;  he  is  not  certain  whether  h' 
sent  one  to   Dundee ;    he  cannot  be  rerthir. 
whether  he  was  present  at  the  vote  or  uuiur. 
that  they  came  to  in  the  Convention,  uher. 
they  extended  their  hands ;    he  *ays  he  re- 
members the  fact  of  their  dispersion — he  say« 
the  circular   letter    produced    is    the  papr: 
which  was  sent  by  hira,  to  dift'crc  nt  parts  ui 
Scotland. 

Upon  his  cross-examination  he  siys,  th:it 

,  his  only  object  was,  a  reform  in  the  liuuse  ci 

■  Commons,  he  never  thought  there  wai  an 

intention  to  attack  the  kind's  person,  or  hij 

prerogatives;    they  did   no't   at   all  consider 

themselves  as  the  parliament  of  Great  Bri- 

,  tain,  but  they   meant  to  consider  of'  proper 

means  of  petitioning ;    he  says   he  perceived 

nothing  ot  any  other  intent;    nothing  wv 

•  said  against  the  kins,  that  he  heard;  he  sa}> 
it  would  have  been  foolish  enough  to  attempt 
to  make  laws  to  bind  the  people— he  mvs  Iht 
British  Convention  consiNted  of  about  t\To 
hundred  persons — they  had  no  arms  to  at- 

I  tack  the  magistrates ;  there  was  no  prnpan- 
;  tion  of  the  means  for  resistance  :  he  sairl  the? 
''  had  nothing  illegal  in  their  thoughts ;  if  they 
i  had  thought  it  illegal,  they  would  nut  hm 
;  done  it,  or  if  they  liad  thought  it  dangerous 

lo  the  king,  they  would  not  have  done  it 
I  He  says  the  Convention  consisted  of  people  of 

all  ranks,  mostly  people  of  good  chancier. 

people  of  sober  lives  and  good  monis;  he 

'*^  be  does  not  recollect  being  prmmf  at  a 


1515] 


fQf  High  Treason, 


A.  D.  17Di* 


HS46 


Itttanicular  resolution  inquired  aAer;— be  savs, 

i  o«  Ihinks  lie  was  present  when  the  resolu- 

l-^on  was  come  to  about  the  Habeas  Corpus 

]  3\cl^  lo  meet  at  a  place  to  be  appointed  by  the 

Ijecrct  coinmiltie.    He  wy^^  Downie  was  a 

rineitiber  of  the  society ;    he  uiicferstood  the 

rCouventiun  of  Emergency  to  be  called  to  pe- 

r tUion  parliHQ^ent ;    that  he  would  not  have 

XJtereed  to  u  convention  iijion  any  other  term$i 

Rhal  he  un<)er»lood  they  were  to  specify  a  par- 

Ucubr  reform  m  their  petition. 

Arthur  M'Ewan  sayb^  he  lives  al  the  Water 

rofLeilh,  he  remembers  the  dispersion  of  the 

|ton%'enlion  by  the  magistrates ;    thai  a  lar^e 

otntnittee  of  union  met  in  consequence  of  it, 

f  which  Watt  was  a  member;    there  was 

Itiother  committee^  a  sub-committee,  called 

I  conimittee  of  Ways  «nd  Means ;  that  Stock, 

kmrke*  Aitchcson,  Btnilhron,  Downie,  Watt, 

and  him!*ctf^  were  of  that  commitlee,  to  took 

into  the  aff^Airs  of  v^kirving  ;  he  never  saw  the 

letter  inquired  after. 

Ue  *ia)  s,  tl»u>  Watt  read  to  them  a  plan  to 
seixe  the   lord  justice  Clerk,  and  the  rest  of 
the  lords  nf  council  and  session,  and  the  lord 
prnv,,Kt  tJ  Frlintun,rh;    fy  kiudle  a  fire  at  the  , 
J  Vew  Town,  and  that  par*  - 

t;  :  ned  in  the  street,  to  in- ^ 

terccpt  the  fioki^ers  as  they  came  down  from 
the  ca'irle;  the  fire  was  to  draw  the  military  i 
from  the  castle ;    com  ins;  down  to  a   point,  I 
they  were  lo  be  inclosed  by  two  parties ;  that 
different  parties  were  to  seize  the    banking  , 
houses    in    Edinburgh,    and    commissioners  j 
were   to  be  appointed  to  demand  the  cash 
from  the  banks;    he  did  not  know  who  were 
to  cxectitc  this,  only  the  sub-comnuilee  were 
pment  when  this  was  disclosed  ;  the  witness 
laid,  he  tibjected    to  ati  I  his,  he  would  not 
agree  to  any  thing  that  should  disturb  the 
}>care,  or  shed  the  blood  of  his  countrymen ; 
that  Bonthron  agreed  with  him,  and  no  far- 
ther communication  was  made  at  that  tinie« 

He  says,  at  another  meeting  Watt  produced 
m  copy  of  a  procbraation,  prohibiting  the  re- 
niovail  t^if  corn»  grain,  hay,  and  meal ;  that 
persons  were  not  to  remove  the  same  from 
their  respective  places  uf  abode;  tttere  wa^  a 
copy  of  an  address  to  the  king,  ordering  him 
to  oismi^s  his  present  ministers,  and  to  put 
an  end  to  this  bloody  war,  or  eUe  he  might 
expect  bid  consequences  to  ensue — this  was 
to  DC  sent  to  the  king,  on  the  morning  after 
the  attai:k»  The  wilneHs  said,  iheM:  things 
did  not  belong  to  the  cause  of  a  reform,  and 
he  would  have  nothmg  to  do  with  it* 

lie  sayn,  t»e  went  wUh  Watt,  to  Robert 
Orrock's,  to  be»peak  pikes ;  Orrock  skctchetl 
out  one,  W  '  '     '  "'  I  lo 

aend  to  Vc\  tri- 

btrv-  -*■■•■'  K'i    the 

t  tendon, 

Of  ^■..     ..,...., ■ ....   .....Ay   bv  ihc 

<lc>K  o  WaU^  who  pr»>f>osedto  *^enil  a  Ictlcr 
%u  it^niy ,  Stock  undertook  to  ukc  this  let- 
ter. Slock  look  a  slip  of  naper,  aad  gave 
him  Bonoe  token  by  wmch  tal£  some  coircs- 


ponde&ce  was  to  becondiieted,  something  was 
to  signify,  that  the  aristocrats  were  doing  so 
and  so,  and  the  democrats  so  and  so;  Stock 
was  to  call  again  upon  Watt;  the  witness  saw 
bim  no  more. 

Upon  his  cross-examination  he  says,  that  a 
parhamcnlary  reform  was  the  object  of  th© 
Society;  that  the  society  lo  which  he  be- 
longed, consisted  of  about  twenty;  that  he 
attended  the  convention  about  half  a  dozen 
nights  ;  that  they  meant  to  obtain  a  parlia- 
mentary reform,  by  a  petition,  and  that  it  was 
to  have  come  under  consideration,  the  night 
they  were  dispersed  You  see  tljcre  was  a 
scroll  of  a  petition  brought  forwiird,  and  a 
negative  put  npon  it,  m  a  certain  way,  by 
calling  for  the  order  of  the  day;  but  in  that 
story  of  his  he  must  be  mistaken  ;  he  says  il 
wii&  to  come  under  consideration  the  night  of 
the  dispersion ;  that  there  were  near  two 
hundred  members;  that  Lhey  hud  no  arms; 
he  never  heard  of  an  intention  to  use  force ; 
that  the  reform  most  of  (h^m  spoke  ut\  was 
universal  suft'rage,  and  anntiai  (>afh»iiiicn 
and  bGuie  were  kir  triennial  [Mrhamcm*;  I 
says,  there  was  nothinit  Mud,  tMiithint;  thi 
Kmg,  or  the  l^rcU ;  hecmttol  luulcruke  to 
say,  what  thai  committee  of  union  w*^  for, 
he  did  not  hear  th.it  it  was  fur  the  purpose  of 
establishing  a  new  coiivt'ution  ;  hci^iy^i.Skirv- 
Jng's  lctt*:r  wus  read  at  a  meeting,  uiid  a  stib^ 
comniitlce  appomicd.  lie  H»ys  he  tie.ird  the 
delfgiilc!*  were  to  have  anotiiercouviMitiun,  of 
the  tune,  and  place  of  meeting  of  which,  they 
werr  '  ;   he  could  not  say  as 

to  tl  \v  ciriiventioQ. 

N\ '<ii    ■,►,.,......,.     ays,   he   i^ourched  the 

house  of  W^att,  on  the  Gtteenth  of  May,  but 
nothing  turns  upon  that. 

Genilcmenf  this  wan  the  evidence  they  gave 
of  a  conspiracy  breaking  oiil  in  Stotland, 
aAcr  the  dispersion  of  the  convention,  which 
it  is  insisted  ution  by  the  /tttorupy-general, 
makes  a  part  of  this  n;cnerai  plan,  in  this 
country;  that  by  possibility,  lU^d^'s  circular 
letter,  or  some  othef  of  Ittrdy's  puhlitjiilions, 
or  the  publication  of  the  Slieflield  commhtcc, 
or  of  the  Constilnlional  Society  might  huve 
excited  this,  is  ceil4,inly  true,  and  tiiercfoi 
the  f^v.-irTw  *>  /  Mnirf  fxvi  be  njecied  ;  but  as 
tlie  to  the   prisoner,  Uard: 

thut  I  ^   M.4ted  directly  m  this  co 

spiracy,  the  evidence  docs  not  appear  to 
to  gu  thai  length,  for  till   the  cunveraiitii 
about  a    letter  to    be   carried    by   Stock 
Hardy,  comes  lo  nothings,  fur  Stock  never  di_ 
drhver  that   letter;    Mar^irol  and  tJerrald^i 
who  were  dtkgatci  with  n.irdy%piirlicipiklioi 
from  the  Com  '        Society.do  not  a 

pear  to  have  b.  l  in  this  (on^pinii 

— ^lliiy  were,  1  ■  .^»..-Il.  .i  »k 

and  upon  the 

IIrT  -i  f  rii   t.i  I,  ^  \ 

rtOt  I 

whit  J  ,     .      .  .  f  \ 

the  pajus  ihat  had  been  l^ken  tinu' 
country  to  irritate  it;  but  I  do  n 

4  a 


^as 


lion,  before  Hardy  was  apprehended  ;  they  | 
were,  therefore,  pupers  that  existed  before 
tiiat  time. 

Now  this  paper  purports  to  he  projected 
resoKitiohs  fur  the  mecUog  ai  Chalk-farni ; 
they  difter  essentially  from  the  re^iolutions 
tiiut  were  agreed  to,  and  appear  to  be  of  a 
more  direct  and  violent  cast  than  those  reso- 
lutions were,  beca\ise  they  poiot  immediately 
to  the  person  of  the  king;  it  will  be  pro|)er 
that  )ou  should  hear  that  paper  now  read. 

[See  page  870.} 

Gentlemen,  what  is  conveyed  by  that  last 
resolution  ?  Thut  it  is  the  boundcn  duty  of  llie 
people  to  punish  all  traitors  against  the  na- 
tion,and  ihat  the  following:  words  are  now  not 
a  part  of  the  oath  of  allegiance — *•  That  it  is 
not  lawful  to  tiikc  arms  against  the  king  ;'* 
a  more  dangerous  and  more  treasonable  pa- 
ptT,  ouc  ha*  hardly  t- vrr  seen ;  of  this  paper 
I  liave  to  remark » thai  there  is  no  evidence 
which  directly  brings  it  home  to  the  prisoner, 
Hardy,  hot  the  evidence  stands  thus — This 
has  been  munifestly  a  dratighl  of  a  rcMjlution 
which,  in  the  raind  of  the  drawer,  was  in- 
tended for  a  meeting  of  the  London  Corres- 
ponding Society,  H bout  that  time  ;  the  date  to 
it  is  the  fourteenth  of  April;  upon  that  four- 
teenth of  April  the  Cb^lk-farm  resolutions 
were  proposed;  the  paper  was  found  upon 
ThclwHii,  who  was  present  at  the  ChaJk-farm 
meeting,  and  taking  au  active  part  there ; 
8ueb  a  paper,  therefore,  tbuiid  upon  Thelwall 
and  Martm,  two  members  of  this  society, 
seems  but  loo  manifestly  to  prove  what  the 
ideas  were  that  were  floating  m  the  minds  of 
the^  people,  at  the  tune  of  those  resolutions; 
and  they  certainly  show,  that  very  dangeroua 


tuatnei 

that  he  tevied  t*>  1 

was  taken  up ;    thai 

absent ;  that  he  wa 

with  him ;  that  he  I 

upon  him  on  n  Sue 

markably  peaceable  i 

that  whenihe ineetin« 

de^^ued  that  they  woiui 

with  them  ;  that  his  « 

lary  reform  in  the  Ho  lis 

that  it  was  no  part  of  b  19 

aheratioQ  in  the   House 

meant  nothing  a4rainst  1 

bid  that  he  shoufd  ;  thai 

conversations  upon  polit 

he  had  with  Hardy  ;  ih 

him  to  ask  a  number  1 

never  supposed   the  pris 

different  from  his ;  he  saj 

the  letter  from  Sheffield  a 

brother  introduced  hira  ; 

tavern ;  and  at  Chalk- fur 

was  very  peaceable  ;  th 

rcsoluiions  in  prim,  iuid 

tamed  a  correct  account 

thought  that  all  th^t  ws 

places,  was  agreeable  to  I 

lie  says,  it  is  true,  tha 

lej^atcs  t«t  the  SoUch  Co: 

self  was  not  in  othce  ;   he 

committee  ;  he  never  he 

he  docs  not  think  that  1 

tlie  secret  committee  wei 

of  their  proceedings,  and 

attend  after  Hardy  w^s  1 

Margarol  and  Gcrnild  m 

he  may  have  seen  the  a^ 

;  August,  1793;  bc  hei] 


1349] 


fir  Htgh  Treoim* 


L   Jtnow 


10  ibem :  then  wis  one  very  tang  ooe ;  he 
Ciinnot  recoltect  tht  title  of  it;  three  of  Uie«i« 
|ciiig!»  were  printed  in  ouc  iilieet  of  paper;  b« 
cantioi  ftscuUoci  ilie  Utla  of  ttieai, 

Tbe  only  ob&crvAiian  thiit  occurs  td  mc, 
upon  thi»  nian*ft  evideiice  \%  tlic  di^staace  ut 
whieb  ho  seems  la  hjive  been  kcjtt  troin  all 

^        I  to  huve  ma* 

;««i  a  Mr  the  society; 

^nd  il  IS  remurk^biu,  tkjiit  lliid  penujn  who 
wasconncrlnl  wttli  Hurdv\did  nut  even  know 
1^  hc  circunutaince  of 

l!.  ^  not  cominimicau 

iog  J I  S<  ril,  which  I 

ihiok  cr  Ih^rc  wjui 

^y  rcd^iun  u us  man  into  the 

JkuHlKM  (ft  JO  J  deal  uncertiiiii, 

uponihift  iiU%v  wi  ,...r  ..i.ieiice;  bvtt,  if  other 
people  were  lei  into  it,  wht^  ihb  m^o  was  iu>l 

ng  fAjs,  he  was  a  member  of 
I  [  _       S  belonged  to  Hardy's  division ; 

tiieir  uiiiy  object  vmSy  a  reform  in  the  Bouse 
uf  Commons;  they  hud  no  thoughts  against 
die  King  or  tJie  UaiiHe  ol'l^urds;  they  had  no 
idea  of  opposing  the  goveroment  by  force* 
The  object  of  the  Lotiveutiotif  he  saya,  was,  to 
get  the  MD^e  of  liu)  dtlej^atcii,  J'rom  diiferent 
givisioDs,  to  obtiiin  a  reform  iti  the  House  of 
Comro*jns,  and  Itiat  ilierc  wii*i  int  inlentiun  of 


proceciliuL'  '  ^  ;  ■  ■ 
ciety ;  he  ^ 
h;Uf  iu  lh< 
a  letii 

a  !ui  .. 
I  a 

If^uie  UIUM4.,  but  ha 
lie  %^y,  lui 
ther* 
I  doea  n* 
pncedeleg^tr,  ^ 
t  lOf  five  or  s>\  y 
iie  aays,  he  ki...  .> 
iMiDphletk  there; 
I'thrrc,  but  ut'\*T  I 

l^ae,  Uvho^  voted  b^  b^iilot;  he  kfKfws  Uodg- 
[ioo  tiic  Ldiicr ;  hclnuw^  notbin^  of  4iiy  &c- 


It  any  uunnber  ol  the  i*o» 

!ic  was  two  jrours  and  a 

.a  ii('V4r  H.iw  nr  heard  of 

;  he  \v9ia 

uimcnce- 

luui  at  the  Crown 

ii  of^lay;  Uierc  wai 

Uoc^  not  know  what  i| 

waft  at  Ch^lk  Fann ;  he 

■il  the  Glotic-tavcmv  but 

vviut  they  were  ;  he  wai 

'  '^     ;    he  ceabcd  to 

»    r,  ui4^..     ^iiop;  he  bought 
lie  has    vecit     Irankluw 

III iI  tjf  :j.iiv  *'\i'rij -iu.^  tLf-M«u 


(cvdbeu^)oii  oi  I 
[In  At 
[beara 
I  Ibe  re^i'^r  i 
[Wrd  of  I 

mev  J 

L  c^nuot  tcjJ  1 


rinted,  a^lttr  the  ap- 
I  he  haft  uever  been 
he  never 
iw  it  in 
tiK  [ievcj 
up  m  tiic 


whether  t 
he  did  ro 
>Iutioo& 


:  th:il  utlicr 
the  niajoTn^ 


say^  was  very  ofXcn  obtatDcd, 


the  general  conduct 
at  Chalk   Farm  wa& 

he  voted  for  tljc  re* 
ig  Ihttu    diiitiricUy« 

to  thcni;  that  he 
,  tlut  iA  a  way  in 
Uiete  Mf«fabli«0|  I 


A.  D.  179k  LI350 

Altf UKler  Wilb  says,  he  wb*  between  two 
and  thret  yeara  a  member  nf  the  <^oi 
ing  Society ;  he  says*  the  object  of  1 1 
was  a  parti  r,     f        reform  m  ih*?   tinur^c  ot 
Common !>  v  were  full  of  respect,  bo* 

aour«and  iiut hlv,  lu  the  king;  he  never  had 
reason  to  ihmk  olhom  intended  otlierwibc ; 
never  to  his  kuijwled|eei  was  it  intended  to  do 
any  ihin^  by  force;  that  he  would  not  have 
continued  in  the  society,  if  there  had  beeii 
any  intention  of  doing  any  thing  by  force  ;  he 
fiaa  not  been  a  memoer  of  the  society  t^ioco 
the  king  of  trance  suffered ;  that  the  prisoner 
ill  of  an  amiable  character,  and  a  good  mem* 
her  of  ftociety. 

The  witness  says,  he  is  a  dancing*mastef ; 
he  1$  ali!M>  a  member  of  the  ConsUtutional  $o- 
deU'l  he  wat  introduced  by  ilolcrolt,  after 
he  became  a  member  of  the  ConmUutional 
Society;    he   wished   to   hear  speakers  that 
were  clever  uien ;  he  took  his  rule  of  potiticf 
from  news-paperSy  from    public  report,  and 
from  debater  in  both  Houaes  of  Parliament ; 
he  was  but  httle  acquainted  with  the  proceed- 
ings ;  he  did  not  see  the  b<H>ks  at  the  meet* 
ings;  he  never  knew  any  of  their  transac- 
tions, which  might  bring  the  people  or  those 
they  employed,  into  any  diHiculties;  he  ma^, 
he  says,  have  given  a  iihilUng,  or  five  shil^ 
ling9,  a  guinea,  two  gumeas,  or  live  guineai, 
to  assist  Carter ;  he  says,  he  ot\en  gives  five 
guineas,  and  he  docj»  not  know  whom  he 
gives  it  to;  then,  wlien  pres«»ed  a  hUlc,  he 
says,  he  might  have  given  5ome  shillings,  if 
not  guineas ;  at  last  he  said,  he  dtd  not  give 
guineas,  but  he  did  ^ive  a  few  shdhngs ;    he 
says,  he  was  a*»ked,  m  one  of  Uie  %ucicties«  to 
contribute,  in  Compton-street ;  he  £>ays,  he  is 
not  sure  he  gave  more  than  that,     lie  never 
heard  of  a  secret  cornmiilee,  or  committee  of 
correspondence,  and   never    saw  any   letter 
that  had   been  wntlcn  to  tfic  pusoner.      I 
think,  notwithstanding  Uiat  strange  tlourifh 
of  hi!»,  ;ibout  the  five  guineas,  one  may  safely 
conclude  that  tliere  was  no  harm  in  this  wit* 
net»ii, 

Archibald  lltmter  waa  a  member  of  the 
London  Corrcfipundmg  Society  about  twenty 
months;  he  know%  the  pribunrr ;  he  belong- 
ed to  the  «ame  division  with  ll:irdy  ;  he  saytty 
the  ot^cM^t  of  the  society  wa^^  to  obtain  a  par-* 
liiiuientary  n^forui ;  he  never  understood  any 
lliing  else  but  a  reform  in  the  Commons 
Hon^c  of  Parlianveot;  tlic  King,  and  the 
House  cif  Lords,  to  remain  as  they  were;  he 
xicv^r  I.,,  .rj  .A  I  .r,-.,  ,.  ,t  ^^f  the  Hrport ;  he 
say  lion  to  alLtck  the  p^ 

veil  thut  Ihudy  was  % 

t   man;  he  sayt^ 
^  ^  ucr  at  the  divU 

biuii,  alii'ut  pike)*,  iiu«  wuiuiuunic^aicd  it,  to  hui 
knowlt'dee  ;  he  cnrvlintitd  a  member  of  iht 
«joticty;  ne   <■■  Uiccd  by  Jon-oh  Hun- 

ter j  he  did  I  very  regularly,  beiuff 

ircu  ueii  tly  ou t  c.  i  i  o  w  u . 

He  say»,  be  was  at  Chalk  Farm,  Mid  %l  the 
GIobe-isivcrD  ;  he  understood  thar  ^uc««4«* 


[^s   in    fv 


MP 


Eieli«n€$  in  hts 

in  Und,  and  sometimes  in  liouses, 
WliBt  ymi  ^ilL  make  of  the  evidence  of  this 
Tcry  cxlraordjoary  witneas,  I  do  nol  know; 
to  be  »ure  it  b  as  extraordinary  as  one  ever 
met  with. 

Alexander  Fmser  sayi^  he  is  a  taylor ;  Ihat 
he  was  a  member  of  the  Corresponding  So- 
ciety, for  abuul  len  months;  he  ceds^ed  to  be 
ameinHer  J.i^tApnl  wiis  twelvemonth ;  he  says, 
^  par  i.imcntary  reform,  in  the  Htjuse  of  Com- 
mons, w\h  ihi-  ubject  of  the  society  ;  be  says, 
they  had  no  intent  against  the  King,  and  the 
House  uf  l^rds ;  they  had  no  ijiteot  \q  pro- 
duce a  reform  by  violence ;  he  would  have 
had  no  concern  in  any  such  thing,  if  that  had 
been  their  ohjecl. 

VVillian*  Bnrday  ivays,  he  is  not  a  member ; 
he  is  a  shtmmaker  in  buke  street.  Saint  Mar- 
tin'»-lane;  be  bd%  known  the  pri^^oner  fifteen 
years;  the  prisoner  was  foreman  to  him 
seven  years  ;  tie  bears  a  very  good  character ; 
he  is  of  a  peaccdhte  and  orderly  dispositioo^ 
and  a  ven  hunt^l  man« 

Thomas  Oliver  sayS|  he  is  adi9!»enling  mi- 
nuter; he  is  not  a  member  of  this  society; 
he  says  be  hn^  knowri  the  prisoner  four  years; 
that  be  showed  him  a  papery  containing 
some  resolutions  about  parliamentary  reform; 
the  wilnefis  a^ked  hun,  wfiat  the  ultimate  end 
and  design  was ;  he  said,  a  relorm  of  purlia- 
ment,  of  the  House  of  Commons,  upon  peace- 
able and  constir\)i:ii>niil  principles ;  upon  the 
same  plan  as  thedtikeol  RichmomI  propOFed, 
in  the  year  UH'^*— He  said  he  frequently  tried 
to  suck  out  of  htm,  what  his  intent  was,  and^ 
at  first,  he  said,  he  had  done  this  since  the 
report :  that  can  hardly  be ;  for  before  the 
report^  Hard)  was  in  custofly  ;  then  be  admits 
it  was  when  in  bis  own  hoU!^C|  somewhere 
about  May  or  June ;  he  says,  he  is  a  man  of  few 


ver  1 

nidi 
:>eiii| 


lam  this  point;  he  says  * 

once  or  twice  a  w<rck,  oitt  < 

what  they  were  doings  i 

fndj;  he  says,  he  never  i 

for  the  duke  of  Rich m< 

never  agreed  in  opinio 

j  member  any  thing  beii 

I  vention;  he  always  thoin 

^  inoffensive^  man^    and    t 

\  guilty  of  violence. 

I      Upon  his  c^o^s-c^taIn^nl 

1  not  know  that  HarcJy  was 

I  ber  of  the  Constitutioi 

Friends  of  the  People 

course  with  that  society] 

between  his  society,  aui 

field,  was  in  May,  179^ 

he  saw  ihe  address  of 

1792;  he  did  see  the 

of  January,  179  4,  and  h^ 

at  Chalk  Farm,  and  the^ 

length  his  society  meant 

declined  answering      A  h; 

the  People  is  shown  to  bit 

there  was  no  correspf^nc 

Society  of  tlje  Friends  of  1 

Society  for  Const! tiitiooa 

there  were  gentlemen 

hers  of  both  societies. 

John  Carr  S4ys,  he  i$ 

society;  he  has  known  | 
years;  he  gives  him  the  c 
pciiceablc,  honest,  worthy 
John  Stevenson,  a  coai- 
is  not  a  niemher  of  eitln 
he  has  known  Hardy  e 
says  he  is  ot'  an  extrem* 
disposition  ;  he  saw  hii 
was  io  Mr.  Barclay *j 
ral  character,  no 


I 


1353] 


^T  High  Treason. 


A.  D.  1794- 


[1354 


he  catoe  to  Loodon ;  that  he  wss  one  of  his 
congrefc«tiun ;  thai  he  is  »  ven'  re  spec  tabic 
chjiriclcr,  and  m  far  as  connected  with  him  m 
areliut  '  .k  to  his  ctm- 

ractet  Mfl;  that  h^h 

t  m&ti  <'i  LiMi-<  ^cult:  lm>^«iu3  v.ro<l  and  man. 

Peter  iMachcnn,  a  shoe-maker,  ^y**,  heha<k 
known  JUrtiy  seventeen  yesir^  ;  that  he  is  of 
ai  irery  aminhlc  character,  hulh  civil  und  re- 
ligious ;  »  peiiccable,  auiet,  wclUlispoiied 
jnan. — The  ivtiness  sttys  nc  has  beeii  a  mem* 
ber  of  the  Corre^poii<ltng  Society,  but  had 
ceased  to  t»e  one  two  years  ago ;  he  says,  he 
remembers  no  resuiutions  about  Paine's 
Rights  o*  Man ;  he  remembers  their  writing 
to  the  Con^t Ml uionoJ  Society,  to  have  mem- 
bcrt  »»so<  itttcd ;  he  met  with  ihem  at  the 
Belly  in  Exetct-tvireet,  before  the  society  was 
formed  ;  he  was  no  d**legale ;  he  does  not  re- 
lulleet  who  wii»  ttie  iirr^t  chain  nan;  Mairiprut 
might  be  fur  any  ihin^  he  knew  ;  he  beheves  | 
Hiirdy  to  be  one  ot  the  first  thut  met ;  and  a  ' 
person  ol'  the  name  oi  Black,  and  a  Mr.  Gow,  | 
who  b  since  dead;  that  thtre  was  no  clergy- 
roan  or  fiby&ician  among  them ;  thdt  there 
were  thirty  or  lorly,  or  more,  when  they  met 
the  grcaieit  number;  the  ^rsl  time  he  came, 
perhaps,  there  nnghl  he  twenty ;  he  beHeves 
Margarot  was  the  principal  man  in  formmg 
the  ortffinal  laws,  but  he  camiot  recollect  who 

ated. 


Alexanfler  Gordon^  ti  shoe-maker,  says,  he 
hat  known  the  prisoner  twenty  years ;  that 
he  is  a  sober,  honesty  induslrioub,  peaceable 
man. 

John  Boguc,  a  carpenter  and  cabinet- maker, 
says  he  l^aj»  known  the  prisoner  near  ten 
ytm;  that  he  is  an  induslrioti*,  honest, 
christian  man. 

Mathew  Dickey,  a  Scotch  iacton  says,  he 
haa  known  the  pn-joncr  upwards  oj  nvc  years; 
that  he  i^  a  btDclly  honcM,  ijpri|>ht  man; 
their  intercourse  was  entirely  upon  business. 

James  i  lardy  saya,  he  is  not  n>lulcd  lo  the 
prisoner;  he  hvcb  in  Smithficld;  he  lias 
Jcnown  him  from  17  70,  or  l7tJ0;  he  gives 
him  llic  best  of  rhar*jclers» 

1  hey  then  chH  Mr  Kiujy;,  and  the  pnrnose 
forwhuh  they  Cdll  Mr,  King  was,  to  snow, 
that  a  k'Uer,  which  was  enclosed  to  Hardy,  ju 
Dii?twn's  letter,  whieh  DiiviMiii*s  letter,  you 
rea»llect,  propu^rd  to  Hardy  a  plan  for  fur- 
nianinpE  the  society,  or  any  one  that  wanted 
theoii  with  pikes  Ifom  Sheffield;  in  that  let- 
tcfj  a  letter  to  a  8<icicly  at  Norwich  wai  sent 
•ocloaed;  Mr.  King  is  not    '  '  rak  ex- 

mtdf  to  It,  but  he  «ays,  he  <  ct  the 

circumstance  of  a  letter  bcjn  mprnnl 

at  ihc  tnitc,  but  he  cannot  i«i'  ii  •  mm  u> 
•ay,  whether  that  WM4  the  Nuiuich  itlui  ui 
no. 

David  Martin,  of  ShefTield,  ftayt,  he  U  a 
snemher  of  h  M>citty  there,  for  a  reform  in 
the  Commons  Uon^e  of  parliament,  by  legal 
aod  coQStitutional  means  ;  he  says,  that  he 
had  DO  reaion  lo  believe  that  the  object  of 
any  olher  penoii,  was  diflcrrnt  from  his ;  he 


;  had  not  the  most  distant  idea  of  doing  any 
thing  by  force ;  he  says,  ibey  sent  delegates 
lo  Scotland,  to  co-opi^rate  with  other  dele- 
giles  to  obtain  a  rcforto,  by  a  petition  lopar- 
Imment ;  he  >ayj,  they  hopt^cl  the  cflft'ct  of  a 
general  coopeMiiou,  would  be  (.nfficienl  la 
induce  t!*c  pHrliiiincnr  Iti  {^rant  the  petition; 
lliat  it  W4S  not  tlicir  design  lo  compel  by 
lorre ;  be  suys,  he  would  not  liave  rrmainetl 
ill  the  Society,  if  it  had  ;  he  had  no  intention 
to  attack  the  King,  nor  to  attack  the  Lords; 
he  say^,  he  knows  a  per>on  of  the  name  of 
Gale,  he  was  an  artive  man  in  the  society,  he 
believes  he  is  not  now  at  Sheffield,  he  has 
no  hou5c  there;  the  witness  was  made  an 
associated  member  of  the  Constitutional  So- 
ciety, in  1792 ;  he  has  heard  of  the  proceed- 
ings of  the  ^colch  Convention,  he  saw  an 
account  of  them  in  the  Gazetteer  of  Edin* 
burgh,  he  did  not  approve  of  that  part  relat- 
ing to  a  secret  cumraillce — he  says,  being  at 
the  outside  of  the  people,  on  the'CaMle-mll, 
he  did  not  hear  the  resolution  to  petition  the 
House  of  Commons  no  more— he  says^  Vorke 
and  he  had  not  eiactly  the  same  opinion,  as 
to  a  plan  of  reform  in  parliament;  he  docs 
not  know  who  arc  the  editors  of  the  Patriot, 
but  has  heard  that  Drown  was  one,  which 
Brown  was  a  delegate  to  the  Scotch  Conven- 
tion; he  thoughi  him  a  peaceublej  and  well- 
disposed  man  ;  he  says,  there  were  letters  be- 
tween their  society,  and  the  Stockport  Socielj, 
and  he  thought  they  albo  were  peaceably  dis- 
poned.— He  says,  he  was  not  in  the  secret, 
that  the  motion  lor  a  petition  to  parframenl, 
which  Broom  head  m^ide  at  the  Sheffield 
niettin^,  wns  made  to  he  negatived ;  he  says, 
whatever  Mr,  Brown  might  write  or  think,  or 
whatever  he  might  do,  the  soeitiy  gave  him 
no  authoritv  to  act  fur  them  at  Edinburgh, 
e^eept  in  a  leg:tl,  and  constitutional  manner : 
he  admits  that  he  had  read  Vorke'»  speech. 

Edward  (lake**,  a  plater  at  Sheffield,  says, 
he  has  been  a  member  of  the  soricty,  from 
1791  to  the  present  time;  he  says,  he  at- 
tended the  mrrtintr,  that  his  object  was,  lo 
procure,  by  liiwrtil  and  constitutional  mean>^ 
in  co'opcntt ion  with  thereat  of  the  sodotics, 
a  reform  in  parliament ;  they  expecle<i  their 
petitions  wuuld  be  heard,  when  made  by  large 
tMidies,  that  it  would  be  more  likely  lo  im- 
press the  parliament ;  that  it  was  never  their 
object  lo  use  force;  he  t»ays,  he  would  not 
hAve  remained  in  ihesociety  if  that  had  been 
their  objcr t ;  they  had  no  object,  but  a  reforni 
in  the  Hou'jc.'  ol  Commons,  and  that  by  peti- 
tion. He  Siiyn,  he  was  upon  the  Castle-hUl, 
!h:it  he  docs  not  know  the  terms  of  the  reso- 
iiiii  [i;  he  was  ni  the  society  when  a  dele* 
ptc  s\as  sent  to  Sniili^i.i!  he  does  U'<»  r.^^i 
icct  whether  iht  n  came  fi 

land,  or  from  tli  .  he  says,  1 1  .      , 

was,  to  have  proper  measures  coriiidered  of,  to 
obtain  a  parhamentary  reform ;  be  says, 
Brown  was  to  express  the  sense  of  their  so* 
ciety ;  they  were  to  point  out  the  proper  way 
of  atklresuDg  pailMwiil,  whicU  might  sot 


^_        mtt  Man  «'p|»*««iH  |i»t»jy  vm  ^ 

been  threai£aed  and  ill  uied  dv  Ihe  opposite 
P«it7i  and  by  iitdividuaU,  wfto  tuok  upon 
IjlBinselvea  an  auUiority  ihut  th«y  had  no 
Hpit  tu ;  this  was  complained  ot  m  the  so* 
ciety ;  he  says,  that  it  never  was  designed  or 
Bgllatcd  to  arm,  as  a  body,  to  at  Lack  the 
guvernment;  if  it  had  beeu,  he  shcmid 
fiave  known  it,— He  says,  he  was  a  ineiuber  of 
the  commiUce ;  he  doc^  not  know  that  there 
were  any  of  their  menibers  in  any  ways  as- 
sociated with  the  Cot  responding  Socle ly,  any 
farther  than  by  correspondence  ;  he  did  not 
coDstan Uy  attend  the  committee,  and  the 
committee  did  not  regularly  enler  their  pro- 
cecdmg*  ;  Ihey  were  kept  by  William  Broom- 
head  ;  he  says  he  knows  Samuel  A»hlon ; 
that  he  corresponded  wilh  the  society  in  L-on- 
don^  for  their  ^^otiety  j  he  has  seen  Ashton 
write,  but  he  did  not  attend  to  his  writing; 
he  sjAVs  that  llm  iellers  thai  were  aenl  were 
not  altogether  known  to  the  society  at  large  ; 
the  body  trusted  to  the  committee  ;  that  tiie 
commitlee  sometimes  reported,  but  had  no 
fixed  time  for  doing  it;  he  sav-,  Paine'a  Uighls 
of  Man  had  tK:en  introduced  into  the  socitty, 
before  they  were  declared  to  be  a  Ubel ;  be 
doe*  not  know  whether  a  letter  of  the  1 4th  of 
March f  to  Ad^ims,  was  stent ;  be  speaks  of 
writing  to  Mr,  Home  Tooke,  and  lo  the  Con* 
stilulional  Society  ;  two  Jelters  were  read ; 
one  ofthem  wa^  enclosed  to  Hardy,  in  answer 
to  a  ieller  from  him^  to  know  what  it  was  Ihey 
were  doing  ;  tlie  other  was  a  letter^  of  thje 
same  date,  tomid  upon  Adams* 

The  witness  admitted  the  letters  to  be 
A  Jab  ton's  hand  writing,  and  signed  by  him  ; 
it  says  they  were  resolved  to  olitain  a  radical 
reform  of  the  country,  a»  soon  as  prudence 


know&of ;  that 
were  published, 

Daniel  Stuart  is  caJledi 
had  a  letter  from  the  Sh« 
Samuel  Ash  ton,  to  the  ! 
dated  the  I4ih  of  Mav,  1^ 
tho  People  havijij^  publis^ 
upon  the  11th  of  April 
it  will  be   necesaary  %h 
answer  should  be  read. 

[See  pages  %09€ 

Mr.  Mtornejf  GeneruL — J 
tipua  his  crohs^aaminali 
letter  of  the  26lh    of   Mil 

sent  lo  the  C>  -  r  '  v  *  ■  Muall 
ship  has  nu  >»,  I  i 

proper  plucc  Lw  ,..^.,,  ^t  in 
Lord  Chief  Justice  £y 

[8e«  p.  1 1| 

).ord  Cbiff  Ju»lic<:  E^ 

he  never  heard  of  thia 
Mav,  to  the  ConstitutioiL 
thinks  he  did  net  know  at  I 
tbeir  members  having  hem 
theCui  i        '  ^  ^      yj 

to  som* 

the  I'tttijiuib  UP  iiir   I'ttumj 
harl,    and    that   otUer   u^ 
added  to  that  society  ;   he 
ther  loid  Otter*  a  meniberl 
Convenliun,  had  been  e« 
ciety,  he  says  he  is  still  j 
William  Dewsnap,  ^  i 
field,  nays  he  was  a  men 
Society :  that  their  ubje 
in  the  Commons  iloa^e 


1357] 


fur  High  Treason* 


D.  ndi. 


[1358 


theii ;  he  savs,  l»e  hftt  lizard  people  speak  of 
ill  ireAliiig  the  society  ;  that  llu*re   were  iii- 
fljimiujlijry  letters  m    Ihe  .*?hcfHcld   |»at>ers 
fiurti  tme  Husscll ;  he  savs,  however,  he  is  u1- 
int»*l  ii  flrunger  to  ihc  nike  business,  as  lo  ihe 
^ueral  tiiijpcit  >f  1^  ^^"  ^^^  ^^  have  aroied, 
tt  nm^t  hikfc  been  knuwn  to  him^  he  mii^t 
have  heani  of  ii,  tlie  questiou  wsi*j  titver  ugi- 
Uted  in  the  eomminee,  or  in  the  sotieiy ;  rte 
tiever  hciird  ufuny  inlcDtion  lo  resis>t»  or  to 
tttack  ejovernmenl,  he  hud  no  such  object 
hrn   '  '*■      r!  he  hi***  reasonable  hope  that  the 
hi  J  not  ;  he  says,  the   society  pulu 

lii.  ..  ...;,  Juke  ol'llichmond**  letter  to  inform 

the  societies  at  Urge  of  the  principles   ihey 
meant  to  go  upon,  and  they  adncrcd  strictly  t4) 
those  principles. 

Upon  hi$  cross-examination  he  say9,  the 
ohject  was,allabn^,  to  obtain  a  reform  by  pe- 
tition ;  that  thit  w&s  negatived  on  the  Ca«t)e- 
Uill,  he  heard  no  voice  in  the  affirmative;  lie 
sayb  he  remained  a  member  of  the  society, 
after  that;  he  has  some  recollection  of  a  vote 
of   approbation    of   the  proceeding**  of  the 
Scotch  (*ouvention,  but  he  wa^  not  then  pre- 
sent; he  says,  he  did  not  know  of  the  contriv- 
ance to  huvc  the  vote  for  the  petition  nega- 
tived, nei  Hut  from  liroomhead  nor  Camai;e, 
and  he  ha^  had  corrciipondencc  with  Brooni- 
head  for  6 f teen  years ;  he  fiays,  he  did  not 
know  that  any  petition  to  hii*  maje-ity  was 
preuarf*d  ;  he  i^ays  he  can  form  no  bcW  as 
to  triehand-writttig  ofAshtnn. 

Edward  Smith,  a  cutler  in  Sheffield,  says, 
he  WIS  a  member  of  the  society  in  1791; 
thai  their  object  wan,  to  obtain  a  parliamen- 
tary reform   upon  the  duke  of  Richmond's 
Slan,  mhis  letter  toct»!    ■  '  ^'    -man  ;  he  un- 
erstood  by  the  expr-  iisofMaii  in 

iheir  letters,  equjil   rn.   ........ion  in  parlia- 

meoi  in  the  UoM^e  of  Commons  ;  he  never 
heard  any  thing  m  the  society  that  they 
wished  lo  attack  the  king's  title  or  his  pre- 
rogtthve.  but  madx  trie"  other  way,  nor  to 
lo  touch  Uie  dignity  of  the  House  of  Lords  ; 
he  meant  to  hnv#\  a^  !if»  ftrtint^ely  expressed  it 
l^  cd   m    lOtlS; 

'*  lie  heard  no* 

tiuii^MF  Anus -Mj  tin;  nuiHi-ijiil  tiuil  threat* 
enefl  thenj;  that  upon  any  good  news  they 
used  to  fiie  ojstols  into  tlieir  hotjseii ;  that 
there  was  nothing  lo  provoke   this  conduct  ; 

;h«T,  u',v  ....  r.^^. (I ..,„  -  i,^  gays  if 

Itl  iould 

,ad  pikes; 

it  never  was  his  wish  or  r^tyeet   in  be- 

mhig  a  ihcmbiT  of  that  wcicly,  to  touch  or 

Tcct  hi>  sovtfeigo, 

llpfin  \us  cro'^^Hrxaminaijon,  he  lays,  thut 
try  to  provide  arms  for 
I*'  '•  doe*  tiol  know  how 

'  uju  ,   IIP-  :     '  "        ■■     ' 

Ui cation  t 


Invasion,  that  being  tha  substance  of  tho 
haml'bitl,  which  they  uiiderbtood  to  be 
against  them,  they  adopted  similar  wottis; 
he  says,  that  by  equal  represtntatlou,  he 
means  that  every  man  was  to  liavc  his  vote; 
lie  had  read  both  editions  of  the  Rights  of  ] 
Man  by  Mr.  Faine ;  he  oblaineil  them  by  a  i 
subscription  of  a  few  friends;  that  there  were 
many  tlmt  had  them;  that  they  thought  well  I 
of  them ;  that  they  seldom  read  theiu  at  the 
SfKiety,  but  they  read  them  at  tlieir  owo 
houses;  they  also  had  other  cheap  pubHca* 
lions;  he  says,  he  was  not  at  the  meeting 
when  they  approved  of  Painc'a  works ;  that 
he  never  took  into  consideration  Paine's  no- 
tions of  monarchy;  that  the  society  did  not 
adopt  that,  but  they  made  no  protest  againbt 
it ;  that  iliey  did  not  wish  lo  destroy  mo- 
narchy; he  understood  the  author  to  be 
expressing  disaffection ;  he  says,  he  knew 
Yorke  at  Sheffield,  he  was  at  the  Castlc-hil?, 
they  voted  by  lidding  up  hands;  he  never 
heard  of  the  addreis  from  the  society  to 
France. 

His  grace  the  duke  of  Hichmond  is  then 
called,  in  order  lo  identify  a  paper  which  b 
represented  to  be  his  grace's  plan  for  a  re- 
form  of  parliament ;  ho  could   not  identify  ^ 
that  paper,  but  produced  a  ptijier  purp>orling  , 
to  be  a  letter  to  a  colonel  Sharman,  containing 
a  plan  for  a  relbrin  of  parliament,  and  that 
letter  was  road.     The  plan  was  for  universat , 
suffrage  and  annual  election,  and  it  stated 
that  the  remedy—that  the  wliv  lo  obtain  tC  1 
would  be  by  the' people  :  he  dicf  not  e^p^essly 
name  a  convention  of  the  people,  but,  how- 
ever, he  certainly  said  enough  to  put  that  I 
expedient  into  the  heads  of  those  who  were  ] 
caper  for  such  a  plan. 

Air.  Stuart  is  tnen  called  again ;  he  says^ 
I  that  he  has  heard  Hardy  stale  his  plan  to  be 
universal  suffrage  and  annual  parliaments; 
th«  witness  always  obiccted  to  it,  but  that  i 
was  Hardy's  opinion,  he  always  adhered  to' 
the  duke  of  Hichraond's  plan— he  said,  that 
was  the  whole  object  of  nis  society ;  he  was 
once  in  company  with  him  at  supper,  he 
found  him  a  sincere,  simple,  honest  man;  he  ! 
iays  he  did  not  know  that  he  had  been  aaj 
associated  member  of  the  Consiitutioual  So-1 
ciely. 

Mr«  Sterling  produced  the  minutes  of  a 
Scotch  borough  convention,  but  they  could 
not  be  read, 

Josthli  Sirott  of  Derby^  says,  he  belonged 
to  a  re ;  that  a  reform  in  the  Com* J 

mori^  t  Parhamenl  was  their  ubject^i 

they  iud  no  design  against  the  Kin 2^  or  the! 
Houi'j  ofLonh,  anrl  they  \mt\  no  intention  to! 
bring  a^h  rrc;  ihat  upviu 

their  pctj  ,  their  socicti 

never  m<'t  iv^^mu 

Mr.  8hertdan  was  then  called ;  he  says,  hdl 


arm  sgain&i  dontestic  encmi( 


Iv*       "I   ij"'    Ml  I',  tin' Mr    lv«iLiir_:    i(-HN«^i:ii    .in    tuil'JUV    n* 

!^n    parhamem  into  the  cause  ^C  Vwvt  ^i^^rc^xv  ^*^ 


1359]        35  GEORGE  III. 

that  time  ;*  that  upon  that  occasion  he  sent 
to  Hardy,  viho,  he  understood,  could  give 
him  inforiDation ;  he  came  to  him,  aDtl  be 
conversed  with  him  ;  Hardy  stated  his  whole 
objecl  lo  be  obtaiouig  by  peaceable  means  a 
reform  on  the  duke  oT  Riclmiond's  pltn,  and 
that  he  was  ready  lo  give  him  a  sight  of  his 
^boie  correspondence,  to  [reduce  all  hi;* 
papers  lo  him,  thai  he  might  i  y  them  ficfoie 
pajrliament  in  any  manner  Ihat  he  sh-uld 
think  fit ;  he  was  asked  whether  he  was  or 
not  an  original  member  of  the  Con^litulionar 
Society,  he  said  he  was,  but  he  had  not  at- 
tended since  1763;  there  were  some  questions 
whether  Mr.  Sheridan  had  said  any  thing  of 
hooks,  as  weil  as  papers,  whether  Hardy 
offered  him  books  as  we  J I  as  papers :  after 
wards  he  said  he  coutd  not  take  upon  him 
to  be  sure  that  Hardy  mentioned  books ;  that 
his  offer  was^  to  put  him  in  possession  uf  alJ 
the  papers. 

Mr.  Francis  was  then  called ;  he  saw  Mr. 
Ilardy  twice,  firslal  his  own  house,  and  after- 
wards at  Mt.  Francis's  house  ;  the  Corres- 
ponding Society  had  thanked  Mr.  Francis  for 
a  speecn  he  had  made  lo  parliament  in  the 
year  ITP't,  and  had  expresijed  a  desire  that  it 
should  he  printed  ;  upon  Ihut  occasion  he  saw 
Mr  Hardy;  he  says,  belbre  that  tune  Hardy  had 
been  sent  to  hi  n  to  desire  him  to  present  a  pe- 
tition on  thf-  subject  of  a  reform  in  parliament; 
thai  It  ley  wis  lied  their  delegates  might  be  ad- 
mitted to  come  to  his  liouse,  accordingly 
they  were  admitted,  and  they  brought  a 
petition— I  here  were  four  of  them;  he  told 
them  he  objected  lo  the  prayer  of  their  peti- 
tion, wliich  was  for  universal  representation 
according  to  the  duke  of  Richmond's  plan; 
he  says,  that  Hardly  seemed  a  remarkably  rea- 
sonable, quiet  man;  that  they  were  very 
ready  ^l  the  argument  in  support  of  universal 
fiuSrage,  they  said  they  only  followed  the 
opinions  of  the  duke  of  Richmond  ;  he  says, 
he  told  them  they  should  have  left  the  re- 
medy in  general  terms  to  the  wisdom  of  the 
house ;  they  said  they  were  sorry  they  had 
►  4iot  known  that  sooner,  but  that  now  they 
could  not  alter  it,  as  the  petition  was  signed 
by  a  great  number  of  people,  and  must  be 
presented  that  day,  because  Sir.  Grey  was 
that  day  to  make  his  motion. 

Mr.  Francis  says,  they  did  not  declare  that 
they  would  accept  nothing  else,  but  they  ap- 
peared to  him  to  adhere  to  universal  represcn- 
I  talion.    There  h  a  It  tile  puzzle  about  a  letter 
F which  had  been  written  to  Mr.  Francis,  and 
tills  answer ;  they  had  in  that  letter  thanked 
(llim  for  what  he   had  said  about  a  radical 
I  reform  on  abroad  basis;  he  says  that  was  not 
J  exactly  the  tenor  of  his  speech,   but  he  did 
^»ol  think  it  right  to  enter  into  much  atterca-  I 
lion  upon  the  subject,  he  gave  them  a  civil 
aniwer^  and  there  it  ended. 

*  Sec  the  debate  on  Mr.  Sheridan's  mo- 
lion,  in  Ibe  New  Parliamentary  History,  Vol* 
30,  j».  ^g;». 


Trid^Thcmat  Hatdtf 


[1360 


The  Earl  of  Lauderdale  sajs.  he  rocemd  i 
letter  from  the  Si»cietjr  of  the  Friends  of 
the  People  at  Portsbure,  near  Edinhuf^h; 
that  he  saw  Skir\'H>.  ;  *  jt  utcasion, 
and  he  suppose*  the  u    w 45  nude 

lo  him  in  conitequtiKv  '.  ^  tonvrrnalkm 
with  Skirving;  Skirvui^  repre*cn«erl  tlitttthry 
wished  to  have  men  of  eduCdliun,  tlml  th*^^ 
mi^h I  he  prevented  frunt  iktMng  intu  nbfUN 
dilfe%  which  they  should  oiherwivj  lie  liable 
to  falf  into;  he  ^ays  be  had  nu  rea^ionto 
suHpect  thi£t  iiny  thmg  mure  was  meant  Ihan 
ra  obtain  Universal  SuflfrAge  ami  AtwiiiaJ  Par- 
hamentft;  he  heard  nulhihg  of  force*  and  litii 
no  reason  to  think  there  wns  any  intention  of 
force.  He  was  asked  if  he  hid  heard  any 
thing  of  Skirving's  letter  to  thtrdy  m  Jul?, 
1793,  which  is  a  remarkable  lelier,  his  lorn- 
ship  says  he  had  notj—thi^  [  think*  iAthe 
evidence  on  the  pari  of  the  dcfendani. 

Gentlemen,  I  would,  if  the  day  were  not  k» 
far  spent,  aJ^d  my  own  strength  too  moth  ei- 
ha^^ted,  now  go  on  and  finish  what  I  have  to 
say  upon  this  subject,  but  I  foresee  it  muft 
necessarily  rim  into  an  inconvenieul  length, 
both  lo  myself  and  to  you;  and,  therefore,! 
hetieve  I  must  trouble  you  to  attend  to-marrov 
morning,  and  then  1  shall  hope  ia  a  few  boun 
lo  release  yotr* 

It  being  now  thirty-five  minutes  piute 
o*clock  at  ni^ht,  the  Coiirl  adjoumcid  to  W| 

nesday  mornmg,  nine  o'clock. 


Seision  Bouie  in  the  Old  Bailiy^  Widmt 

Ntn^tmber  5th^  1794. 

pRCSEaiT, 

Lord  Chief  Justice  Eyre,  Lord  Cluef 
Macdonald,  Mr.  Baron  Holtiam,  Mr. 
tice  Bullcr,  Mr.  Justice  Grose,  and 
his  Majesty's  Justices,  &c. 

Thmnat  Hardj^  set  to  the  bar* 

Lord  Chief  Justice  K^rt, — OenllcmeQ 
the  Jury ;  I^sl  night,  at  a'  late  hour,  I  fin 
the  summing  up  of  the  parol  evidence,  and 
some  narts  of  the  written  evidence,  which 
seemea  to  be  more  immediatrly  connected 
with  th6  oarol  evidence  00  both  sides,  escept 
that  I  din  not  slate  lo  you  the  proleit  in  tbe 
House  of  Lords,  which  was  rp»d  to  you,  lij 
the  consent  t>(  the  alto-  '00  tM 

part  of  the  prisoner.    I  i  (ojfOi 

at  that  time,  because  it  (Jiu  noi  ^pp^M"  toi 
lo  be  in  its  nature  evidence.    It  is  touM  ' ' 
that  ha%  passed  in  the  Parliamentar^r  If 
of   this  country,    from   whence 
might  be  drawn,  on  ihr*  •^^''«  '^*  *^^ 
lo  evidence  tbe  purity  m  f«il  \ 

tentions,  and,  in  myju  !,  :     .r^     .  .jjal 
view  only  that  it  can  be  made  u»e  of  i 
behalf. 

Having  thus  finished  the  suntanii^ 
the  evidence,  I  vankj  »ay  lo  yoii,  that  iJ^m 
cause,  this  great  and  mometkUKu  cauic  be^ 


-^-^^ 


Ft. 


\36i]  for  Jh^h  Treamn. 

/vfOii  \\\c  king  iiriil  the  prisoner  at  the  l^ar, 

tlie 

!uis 

e«  so  comiiK'tcNJ,  bus  bctni  prucink'd  ij|*vri, 

ad  Ua!» been atteiRk-tJ  to  by  ^uu  with  so  mcicli 

fttieurc  uiui  If  liiper,  that  there  \^  reusori  lo 

)i)^}cct  tluit  }our  maids  have  bei;it  siiilicicrjlty 

jfi^rmed  ori  Uic  suhjurt  to  enable  yun  to  djs- 

over  il5  tiuo  merits,  ajid  to  pronouure  a  vcr- 

which  iu  lh€   f  '        wiU   bt?  satis- 

ctory  to  vour  own  -  ,  and  an  so<  h, 

innol  but  be  !y&ttiaLivii^4>  iv>   the  comiiui* 

GiMitlemen,  \^  "^   '^  ^r,.  ■-.!  i  v.ticr,,  ik.,n  to 
l>e,  a"4  1  c;in  In  i  iiftii 

J  duty  a!i>  that  \  :  .        mr, 

» reftect  that  upon  this  occasion  there  t8,  I 
tiink,  no  possible  cliance  of  our  bcin^  cn- 
anglcd  in  any  ditlkidties  in  point  of  law. 
'he  venhcl  in  ihjscase,  will  not  proceed,  and 
Will  rice  JVC  no  directions  from  mo  that 
t  ought  to  proceed,  on  any  narrow  or  lethnical 
ounds.    The  '  '  J'd  in  liiis  in- 

Gtnienli  Is  in  l  ilic  prisoner 

the  biir,  anti   lhum;  nmi^j   n.ive  t     ■- 
Vrncd  with  him,  h^vc  con^ptreil 

'      -jfp.    :.,..!   r.,  .mI.....,i   U.i-  ,n r.  ,.,.. 

h^ 

©f  CO  I  lijciiciith  ot  the  king.    Jl  is 

indeed  I  ;  prcfiuinplion  of  law,  jicknow- 

Icdgijd  by  tiie  Ujsl  writers  upon  lUe  iuw,  and 
pArlicukiily  by  encrj'  one  of  tboisc  writer!*  who 
imve  Ijccn  referred  to  by  the  counsel  t»n  both 
6ido5,  tlvat  be  who  con^ptrc^  to  depose  the 
-.  and  jnij^inr;*  the  doith  of 
I  never  has  iKrcn  niude  a  quev 

WIlfUUT    111'       ''    ''^'■'''  " '■'    '"■■"■"    "''ilU^ 

til  of  th.  lent 

cd  in  Ih*    i,  ...  .;  ,.  .-  , >  Uic 

zy  to  dcpoKU  hnn,  ^^r  whether  the 

nicy  to  dcpoM'  the  kill  %    nmsl   mrriHa- 

rily,'froni  the  imlure  of  tl  !  hi  - 

uent  to  the  c'-'iii|Mi>mi:  the 

^ath  of  tl  put 

you  that  i  he 

dcatli  of  the  i^iiV'j,  ib  Iw  Ic  piovcU  i4  ciiiUipUou 

jji  the  n^ind,  prior  '**   lb*'  eonr<*ptic»n  ol  de- 


A.  D.  179f. 


[I3C2 


poftition,  that   an  hoiH:st  man  could  fai: 
iloiiht  whether  he  who  conspires  to  dr 
the  king,    hvA  compared  or  iiimgiticd 
dciilh. 

Gentlemen,  you  will  tbrrrf<  re  proceed 
the  cxiimiuution  of  the  fa.ct^  und  [  iiin  m 
cordially  disposed  to  agree  with  the  conn: 
for  the  priiionerf  th.tti  if  he  is  ihis  duy  to 
convicted^  be  ought  to  be  proveHblenicnt 
taint;  i.e.  the  proof  ought  la  be  clear 
eonvini'iiig.     t  ■  '       Aord  diri 

le55t  I  shou|«l«  oully»«iH 

the  nuture  ol   u..  j-uj^u  ,  li  ini>  couMst  of, 
train  of  circumMances  provjdc<l  the  result 
such  as  hhrtll  leave  no  <]Miihi  ;.i  your  min 
The  law  of  the  bnd   i-  clcrir,   tlmt 

such  proof  is  as  legal,  ai  re  ought  to 

be  as  satislactory,  as  the  mo^i  i»06iliv«  and 
direct  proof  that  can  be  offered 

Gentlemen,  the  question  of  fact  may  be 
shortly  stated  thus ; — Whether  the  prisoner^ 
and  the  other  persons,  have  conspired  to  si  *  ~ 
vert  the  monarchy,  and  whether  they  ha^ 
set  on  foot  u  project  of  a  convention  of  if 
people,  in  order  to  effect  it  ? 

Gentlemen,  1  iiave  employed  a  part  of  thai 
time  since  the  Court  broke  up,  which  it  was 
necessary  enough  for  mc  to  have  devoltfd 
sleep,  in  endeavouring  to  take  such  a  rcvii 
of  the  evidence  in  this  cause,  a*^  might  cnabi 
mt  to  lav  tlie  questions  of  fact  between  ill 
king,  and  the  prisoner  at  the  bar,  with  sor 
tolerable  distinctness,  before  you,  thut  y^ 
might  ^ce  where  the  matter  hin^^eilt  and  th 
you  inij;ht  be  lla-  better  eiiabk-d  to  apply  your 
atleniioii  and  consideration  to  the  difcrcnt 
points  of  th«5  case,     i  rlo  not  know  whether  I 
shall  succeed,  or  not,  but  1  do  hope  I  shall  he 
able  to  point  out  to  you  the  leading  features 
of  this  case,  in  a  way  that  may  be  of  som^ 
use  to  you  in  t'-r"""'  ^-^ir  judgment, 

I  begin  will  .  you,  that  I  think  i1 

ought  to  l>e  c<if  J  thi^  priboner,  u 

the  whole  result  of  this  evidence,  that  be  had 
set  out  onginally  upon  that  which  is  called 
the  Duke  ut  ltichinon<rs  I'lan  of  a  Reform  ia 
PurVtauicnt ;  thai  is,  upon  a  plan  to  obtain  a 
representation  of  the  people  in  the  t'omtnons 
House  of  Parliament,  by  Universal  SuMVage 
and  Ainnral  Election  ;  and  I  think  it  will  be 
incundjrnt  on  those  who  sustmi  the  proso- 
culir:  istyynu    that  tl  I,  a;    ■ 

the  tins  who  have  »jrn< 


la^^ 


mer 

proxinuty    wJ. 
rrtd^;?tjf>n  o*  \ 


jm   that  whid 
[Tid    it   iH   tht 


I^^i'niiitiMii 
4S 


rigu';'."  or  i  .iJiiLinii'iH    iiiKf^iaO 


1363]        S5  GEORGE  IIL 

n>ent  of  a  government  by  a  reprcsetj ration  of 
tlic  people  only;  a  pure  democracy,  which 
may  uiKlmibtedly  be  comprehended  under  the 
Lords,  "  a  full  and  free  Representation  of  the 
People.** 

Gentlemen,  in  the  mass  of  the  written  evi- 
dence which  has  been  laid  before  you,  there 
are  to  be  found  paasasef,  and  those  not  ex- 
tremely numerous,  T^Tiich  will  be  fit  to  be 
submitted  to  your  consideration,  as  grounds 
from  whence  the  pro^culors  have  drawn 
their  conclusion,  and  by  which  they  are  to 
support  it ;  that  this  departure  from  the  ori- 
ginal plan  has  taken  place,  and  that  the  prt- 
ioner  at  the  bar  has  entered  into  the  criminai 
pursuit  imputed  to  him ;  the  passages  in  the 
evidence  to  which  I  particularly  refer  you,  are 
those,  in  the  first  place»  which  mark  the  con- 
duct of  the  popular  societies,  in  which  the 
prisoner  is  imphcated,  in  the  course  of  the 


year  1795,  prior  to  their  presenting  their  ad- 
dresses to  the  National  Convention  of  France  i 
when  you  have  considered  this  evidence,  you 
will  have  then  to  consider  thof>c  addresses  to 
the  National  Convention,  with  the  circum- 
stances belonging  to  them.     After  you  have 
een  and  considered  those  addresses,  you  will 
hen  have  to  look  at  their  subsequent  con- 
uct,  to  be  collected  from  their  written  trans- 
btions,  down  to  the  time  of  the  dispersion  of 
he  British  Convention,  in  Scotland,  in  the 
atterend  of  the  year  1793;  and  then  you  will 
bave  to  consider,  and  to  form  ^our  judgment 
"pon  that  project  of  a  Convention,  whicli  was 
Dnceived  and  proceeded  upon,  to  a  certain  ex- 
ent,  in  the  beginning  of  1794. 

Gentlemen,  here!  think  you  will  find  the 

;reat  outline  of  the  charge,  upon  which,  with 

uch  explanations  as  the  rest  of  the  writlt-n 

fevitknce  will  afibrd,  and  the  additional  cir- 

tim stances  disclosed  by  the  parol  testimony, 

foil  are  to  decide, 

I  think  I  may  state  to  you,  without  troub- 
ling you  with  particular  evidence,  that  it  is  ' 
lear,  from  the  whole  mass  of  the  evidetice 
rhich  you  have  heard,  that  these  popular  so- 
acties  had,  in  the  beginning  of  the  year  17 9t, 
►  conducted  themseTves  as  to  raise  a  question 
upon  themselves,  and  their  conduct,  some 
lime  before  the  addresses  to  the  National  Con- 
tention took  place;  you  will  recoliect  that  it 
ippeared,  from  some  uf  the  papers  which  were 
Itead,  that  there  was  a  society,  calling  them- 
ilveSj  **  The  Friends  of  the  Pebplc,**  con- 
f  of  men  of  rank  and  property,  and  of 

Ktion  in  the  country,  who  wd  Defused  to 

orrespond  with  the  Constitutional  Society. 
jTou  will  recollect,,  that  the  same  set  of  men 
liad  exhorted  the  Sheffield  Society,  with  whom 
^thcy  were  in  correspondence  that  year,  and 
"  ad  ethorted  them  in  vain,  to  make  an  ex- 
plicit declaration  of  their  attachmeol  to  the 
nvcinment,  as  by  law  estabhshed^    Some  of 
Qiese  popnbr  societies  had  gone  so  far,  that  a 
ciely,  at  Stockport,  put  the  oueftion,  di- 
'y,  to  the  Loiid(ui  Cgrr^poaaing  Society » 


TmtqfThmas  Han/y 

by  a  letter,  addressed  t  neriiowa 

the  bar,  to  know  what  it  v  ■  ■     .  ^  meant,  j 
particularly  to  know,  whether  they  i 
go  on  with  the  House  of  Lords  >  Tnat  i 
intimated  their  doubts,    wh-^  b 

House  of  Lords,  they  could 
plan  of  reform ;  or,  whether  \ 
who  made  a  part  of  the  11 
liberty  of  conscience,  as  they  unutr^nood 
could  ever  be  satia^torily  established. 

Another  society,  in  the  *^j'^-^  '-■-    fw 
Norwich,  put  the  question  still  ukcti 

and  in  a  way  which  could  not  ^ , 
understood  ;  fur  they  put  this  direct  ip 
to  the  prisoner,  Uaray,  as  secretary 
London  Corresponding  Society : — Do  you 
tend  to  rip  up  the  monarchy  by  the  root*.  > 
is  in  evidence,  they  suspected  tliat  this  \m 
letter  wa^^  a  snare,  mtended  for  Ihem ; 
will  recollect  Lynam's  evidence  to  tjjat  efl 
and  that  they  were  on  their  guard.    The  | 
soner,  Hardy,  for  the  society,  answered  I 
these  letters.    To  be  sure,  one  inisht  i 
ably  have  expecte<l  that  men,  who 
the  duke  of  Richmond's  plan,  with 
of  heart,  and  who  meant  not  lo  go  I 
plan,  would,  when  called  upon,  have  mostil 
tinclly  avowed  the  extent  of  their  plan, 
terms  which  could  admit  of  no  equivo 
or  exception  ;   that  they  would  huvc  av* 
their  dutiful  attachment  to  the  king; 
they  would  have  avowed  their  adhercace  I 
the  constitution  of  the  eovemment,  as  J 
established,  in  King,  Lords,  and  < 
that  they  would  have  left  no  mail  to 
and  particularly  those  persons  who  put 
question  to  them,  what  their  of--     - 
upon  these  points,  on  which  th 
was  to  govern  the  conduct  of  olKi_»^.     v* 
respect  to  the  present  letter,  the  moK  i 

they  had  to  suspect  that  letter  to  i>e  a  l 

laid  for  them,  the  more  reascm  tbej  hftd^ 
speak  out. 

What  the  opinion  was  that  tliey  re;^ly  < 
tertaincd,  the  answers  lo  these  two  requil 
tions  are  supposed  to  be  suflicient  to 
you  to  discover ;   the  letters  and  I  be  j 
shall  now  be  read  to  you ;    bf^fore  tiiey 
read,  I  would  observe,  once  for  alt,  that  to  a 
case  of  this  nature,  much  stress  < 
be  Idd  on  particular  expressions. 
that  men*s  Uves  should  depend  on* 
pretations  and  constructions  of 
against  even  a  very  strict  inti^ 
actions,  lo  the  prcjuaice  of  any  pri 
sometimes  expressions  are  too  sii 
times  transactions  too  exphcit,  to  j 
doubt   as  to  their  real   interpii 
meaning. 

GenUeiQen,  hear  the  answers  to  these  t 
requisitions  read ;   attend  to  them,  anil  i 
what  it  is  they  do  import,  and 
wheiher  they  do  import  any  &atis&cioi^  I 
explicit  avowal  of  attachment  to  tli«  ooMlin^ 
tion  of  the  country,  as  by  law  TTtnMfcrtnJ^  ll 
King;,  Lurdsp  aad  Coromooa. 


1365] 


^r  High  TreatOH' 


A.  D.  179*. 


[1366 


^B  no 


[Sec  piges  ^88^  Sao,  39ft,  393,  ef  te^.]    " 

Gentlemen,  nil  the  observatioas  thtti  are  to 

made  ot)  the  i^iirticalar  c^ipress'mns  m  iUv^e 

,WQ  answers^  h^vc  been  jilread^'  made  to  you 

J  the  counsel,  and  you  will  judge  of  their 

roper  force.     I  h«ve  no  occai^ion  i4J  repeat 

'  em.    Siich  of  them  as  strike  your  nilnds, 

Icarly   and    distinctly^    are    probably    well 

fed.    If  it  re«|aire?  much  uiccnctss  of  cri- 

inauiry  to  fix  the  meaning  imputed  to 

onls,  i  should  advice  you  not  to  employ 

ourselves  in  that  sort  of  crilicbm,    I  think 

would  only  eijtJtnglt?  yourselves,  and  you 

not  see  lh4^  case  in  its  great  outlines, 

I  believe  is  the  only  way  in  which  it 

be  seen  truly.     One  obscr%'ation  only  I 

make  on  tlveii'  answer,  because  it  i$  im- 

lately  connected  with  the  history  of  this 

transaction,   uamcly,  tiiil,  in  their  answer 

tJiey  inform  the  i»ocii'ly  at  Stockport,  that  they 

liavc  resolved  on  addressing  the  French  Na* 

liuna*  r.iMv..Miu.o    T^nd  then  follows  this  ex- 

Iraor  *'  Without  cnlering  into 

the  i  M  of  such  a  measure,  elfec is 

hich  your  society  will  not  fail  to  di$cover,  we 

invite  you  to  join  us/'    What  were  to  be  the 

jirobable  ejects  of  this  measure,  which  these 

fMnons  were  to  discover  ^    And  why  did  not 

they  expressly  avow  to  tliis  society  the  whole 

q(  their  project,    in  terms  that  could  admit  of 

no  possible  equivocation,  or  doubt  ?  These  are 

'  le  only  observations  which  1  make  on  thia 

letter* 

Oentlemen,  Ihcy  state  that  they  had  re- 
aolved  to  aildress  the  National  Convention, 
4Uid  they  did,  in  fact,  address  it;  and  it  h  very 
ap|>arent  in  the  evidence,  that  the  society  to 
bicb  Hardy  belongetl  took  the  lead  m  that 
jeaaure.  Tliey  notify  it  not  only  to  the 
ilock port  Society,  but  also  to  the  other  socie- 
'e%  With  whom  they  were  then  in  corrcspon- 
Dcfi,  They  transmiUed  their  resolution  to 
idress  the  Convention  to  the  Society  for  Con- 
'  nal  Information;  that  society  having 
cd  their  aftprobation  of  the  intention^ 
id  on  Corresponding  Society  tranftmilted 
lo  them  the  address,  which  they  meant  to 
^f^nt]  tK^  result  was,  that  the  Society  for 
i  unal  Infoniiation  did  not  think  fic 

t  y  M  m  in  that  particular  address,  but 
ey  alsa  resolved  to  present  an  addrtss  of 
heir  own  lo  the  Convention  of  France,  and 
t  i;d  so.    What  their  objects  vv(*re 

I  _    iic^^e  adda-^M's  are  only  darkly 

tliuticU  to  m  the  letter  of  the  Corresponding 
iety  to  the  8ociely  at  .Stockport;  but 
vcr  their  objects  might  be,  it  i*  anobser* 
II  which  an^es  upon  their  conduct  to- 
s  those  two  societies  to  whom  thcv  5cnt 
lews  two  letters,  and  upon  their  conduct  in 
ihiu  inf  sintin  '  TlifM'  iiddresses,  that  if,  m 
*  to  explain  the  iellerSy 

I  lev  Iioii  measures  lo 
luepwuii  iceofsome 

ID  check,  :  lo  animate. 

Or  imy  other  ubju.id|  which  xuade  it  a/eceamiy 


\         l*>cli 
Oriu] 


for  them  to  keep  measures  with  those  iocie- 
tles^  and  to  answer  every  man  in  his  own 
way»  SO  as  to  lose  none,  and  to  increase  the 
number  of  their  followers  ;  and  if  you  were 
disposed,  therefore,  to  attribute  the  particular 
language  of  these  answers  to  some  such  QOH 
ccssily,  or  policy,  yet  in  respect  of  their  coaH 
duct  to  the  National  Convenlbn  of  Fraric^^ 
they  appear  to  be   perfectly  volunteers ;    to 
have  no  measures  to  keep  with  any  body, 
and  to  be  therefore  directly  responsible  for 
all  the  consequences  that  might  follow  from 
such  addresses. 

Gentlemen,  it  will  be  necessary  to  trouble 
you  wiUi  the  reading  of  these  addresses; 
because  they,  on  the  part  of  the  prosecution, 
[  insist,  that  they  admit  of  no  explanation 
whatever;  that  they  are  the  measures  of 
determined  Republicans,  going  out  of  their 
way  to  express  their  zeal  in  the  cause  of 
Republicanism, — You  will  hear  these  addresses 
read,  and  you  will  judge  for  yourselves,  how 
for  they  merit  that  imputation.  ^_ 

[See  pages  522  and  535.]  ^| 

Such  was  the  language  of  these  addresses, 
which  were  presented  to  the  National  Con- 
vention of  France. 

Gentlemen,  it  appears  from  the  evidence^ 
that  these  addresses  were  presented  by  per- 
sons appointed  from  hence.  The  name  of 
one  of  them  is  J.  Frost.  The  language  in 
which  Frost  presented  them,  you  are  in  pos- 
session of;  it  has  been  laid  befoie  you,  in  the 
course  of  the  evidence,  but  it  may  be  proper 
that  you  should  now  hear  it  read  again.         <^ 

[See  page  579.]  ^M 

I  forbear,  at  this  time,  to  remark  on  the 
conduct  of  the  persons  employed  to  present 
these  addresses,  except  so  far  as  that  conduct 
is  coooected  with  the  case  of  the  prisoner  at 
the  bar,  because,  in  any  other  view  of  it,  it  is 
not  before  you.  The  lauguage  used  by  F'rost 
is  connected  with  the  case  of  the  prisoner^ 
for  though  not  held  by  the  prisoner  himteU, 
nor  by  the  persons  who  deputed  Frost  to 
deliver  the  aodrcsses,  yet  it  is  brought  home 
to  them,  because  the  language  of  the  presen- 
tation of  the  address  is  transmitted  by  F>ost 
to  the  societies;  and  you  will  find,  thiit,  alter 
they  bad  been  informed  in  what  language  it 
had  been  presented,  an  unqualified  approba- 
tion of  the  conduct  of  Frost  was  given  by  the 
^oclcty  for  Constitutit^nal  Intoiuiaiion,  of 
which  Hardy  was  an  associated  mrralcr* 

Ad  observation  has  been  matle  Mp^m  one  of 
lhf«tc  addresses,  which  dec  I  »i  re?,  "  ■♦  ''  =  '  the 
National  Convention  of  France  i  to 

act,  there  was  htlJc   to  be  doi  ih 

itspcct  lo  the  views  of  these  po^ 
What  connexion  the  views  ot  i 
societies  could  have  with  the  NaUou<d  Cvn. 
vcution  of  France,  unless  ihi-y  had  begun  \n 
entertain  m  new  idea,  or  a  new  intcrprclatioa 
of  tlie  phrase,  **  Reprci^ntation  ot  the  pcopU 
by  UmvcrwdSuftAgeaadAimuiU  £iecu»ci&.,' 


lani       55  GB0116£  UL 

smog  oirt  cT  the  prooMdimorilieTlalioiiil  • 
CiMiveatkMiofFnooe^  orniMtuMiagtfiiKif i 
thnD^yeltobeiiowadofled,  incoMMiMiioe 
of  tbeN^tioual  Convcotm  of  FnuMe  wvinc  ! 
odiibiled  thfttmtttcaie  on  the  Ihettre  i? 
the  .worlds  and  lo  be  now  atteapled  lo  be 
oMiied  into  eiecvtioii,  it  for  jfoar jvdgttwnt. 
Tbe  praMoterof  tbcseaddraMes  fm€MyiimtA 
oo  expeclalion,  tbat  felkittfiorii  mMk  moo 
oome  over  lo  a  Netieml  A«kh«%  here. 
Wbst  Uttt  Netmal  AmeniUy  w»  to  be, 
which  was  to  be  ettoblifthcd  beie  m  Emgliody 
and  which  was  to  be  felicitated  hf  Fiaace, 
will  be  a  Mdbfeet  for  your  serious  cooMlera- 
tioo^aod  mart  dekctve  and  demaiid  the 
deepest  investiptioa. 

Geotlemen,!  have  stated  to  $00,  thaithe 
Oidy  eflEeet,  b  tfab  cate,  which  the  fancoace 
of  the  delefpte,  who  pteselitid  this  address, 
CBO  have,  is  ih  respeet  of*  the  addptibo  of  it  by 
tbe  prisoner,  and  by  the  penom  eoiieenied 
wHh  hffli.  It  was  truly  ahsen>ed,  that,  if  an 
a^t  be  employed,  it  waald  be  cmel  to  bind 
m  principal  to  any  tbin^  in  which  he  went 
beyond  the  bounds  of  his  apn^:  It  would 
beerurltohnpiHetheacts  otibageiitio  hb 
prindpal;  when  that  principal  never  approved 
of  them ;  but,  if  the  principal  does  approve  of 
them,  there  is  no  hardsmp  in  such  imputa- 
tiso;  there  is  nocniclty  or  hardship  whatever 
in  maikinz  tbe  principal  accountable  for  the 
oooduct  c7  the  4»^nt,  ih  obnstniing  the  lan- 
guage of  the  agent  to  be  the  language  of  the 
principal.  . 

.  Qeqtlefnen,  you  will  judge,  whether  those 
concerned  to  support  this  prosecution  have, 
upon  solid  grounds,  or  otherwise,  branded 
these  procee<ling:s  with  rank  Republicanbm, 
and  with  being  a  distinct  avowal,  that  every 
one  of.  thofic  people  was  embarked  in  the 
cause  of  Republicanisni :  it  is  an  eitremely 
unportant  point  to  settle;  for,  on  your  review 
of  the  subsequent  transactions  in  this  cause, 
they  will  undoubtedly  have,  and  must  have  a 
very  different  complenon,  as  they  are  under- 
stood to  be  the  proceedings  of  determined  re- 
publicans, or  as  the^  arc  understood  to  be  the 
proceedings  of  dutiful  and  loyal  subjects  to 
tbe  king,  zealously  affected  to  the  constitution 
of  the  country,  as  established  in  a  King,  T>ords, 
and  Commons.  Men  of  the  one  description 
are  entitled  to  a  large,  liberal,  and  candid  in- 
terpretation of  all  their  wonls  and  actions. 
Men  of  those  other  principles  must  expect  to 
have  their  language,  sentiments,  and  conduct 
referred  to  tliose  principles. 

Gentlemen,  the  next  head  of  inquiry  for 
you  will  be,  the  transactions  of  these  societies, 
subsequent  to  tlie  presenting  of  those  ad- 
dresses, and  prior  to  the  conception  of  the 
present  design  of  a  National  Convention  in 
England,  which  is  tlie  immediafe  subject  of 
this  prosecution;  and  you  will  exanune, 
whether  tbe  persons  who  bad  taluta  this  ei- 
tvtioidinHv  ii-mf  •-••s^»»  -— i-  ^ 


tlM7hM»i 


iMDWulildc 

Assembly  i 

donebytbnei 

pectatkn  of  a  Naiioiial 

land;  yoa  wiH jjadge ^ 

taken  very  active  step*  to  i 

for  it    The  acts  of  these  1 

mediately  referable  lo   this 

hwe  been  laid  before  jwm^  en  the  | 

psoseeution,  consist  cliiei^of  f — '~ 

portingwarm  and  mananfied 

the  vrorks  of  two  celemted  wvAeriL 

Fame  and  Joel  Barlow;  the  lint  wmi 

the  R^ts  of  Man,  and  the  faMt  on  wlit  Mi 

called  the  IVmJflge^CMrrs.    P^tfts  of  these 

works  have  been  read  to  yoii,  and  tfaejave^ 

most  direct  attack  on  the  establish0eiitof  iM 


im^ 


monarchy  of  this  country ;  ua^  Ibey  doailKk 
more  or  less'  pointedit  and  dirfeet^  the  ert*' 
blisbment  of  that  order  in  this  eocmtiy— Ihtf 
Bouse  of  Lords.  The  societies  not  ctolyap 
proved  of  these  works,  but  thej  dispene# 
them  all  over  the  counlr}*,  with  a  woiweifol 
anxiety,  and  at  a  great  expense.  The  prose- 
cutors, in  this  ca«e,  have  asked  the  questioi^ 
why  was  this  done  ?  They  say  it  is  acting 
consistently,  if  it  is  done  by  Republicans, 
who  wish  to  subvert  the  monarchy,  and  to 
overbim  the  established  orders ;  but,  if  it  is 
done  by  dutiful  subjects  of  the  kiui;,  and  per- 
sons attached  to  the  cfmslitutioii  oV  the  coun- 
try, what  explanation  can  t)>ey  give  of  it  ?  In 
the  defence  that  was  made  for  the  prisoner,  it 
was  ob5)er\'ed,  that  there  were  parts  of  these 
works  that  went  onlv,  in  general,  to  defend 
the  Rights  of  Man  in  society,  without  going 
to  the  establishments  of  this  country ;  that  to 
such  parts  of  the bc  works,  there  could  be  no 
reasonable  objection ;  and  that  those  parts 
might,  therefore,  l>e  disseminated  by  honest 
men  and  good  subjects.  Admit  that  the  ob- 
servation IS  hir;  was  it  not  the  duty  of 
honest  men,  and  good  sul^jects,  who  were  dis- 
seminating such  parts  of  tiie<e  works  asmig^t 
serve  to  enlighten  mankind,  on  subjects  on 
which  they  ought  to  be  enlightened,  to  have 
taken  sonic  pains  to  have  separated  tbe  l»d 
parts  from  the  goo<I,  or  at  least  to  have  given 
tbe  public  some  caution,  that,  in  reading 
tho^  worics,  they  should  make  a  separation 
of  themselves^  that  when  they  were  reading 
•f  the  general  Rights  of  Man,  and  fotma 
fy?!^  JS?^  »5.^  mcnarchy  of  this 
**«Awiidheeafefidtiotto  imbibo 


13159] 


Jin  H^h  Treason. 


A.  D.  1794. 


[1370 


reading  observations  on  Privileged  Orders, 
they  should  take  care  to  remember,  this  was 
not  intended  to  strike  at  the  orders  of  this 
country,  to  which  the  public  had  a  devoted 
attachment  ? 

8uch,  gentlemen,  would  have  been  the  con- 
duct of  good  subjects,  Tliat  this  vras  not  the 
conduct  of  these  persons  is  most  apparent ; 
and  that  these  publications  must  have  had 
the  etfect  of  doing  a  great  deal  of  mischief, 
by  alienating  the  minds  of  the  king's  sub- 
jects from  his  person  and  government,  and 
from  the  constitutwn,  is  perlectly  clear.  How 
muchof  this  eftcct  these  persons  intended,  I 
sliall  leave  entirely  for  your  consideration ; 
thus  much  I  think  is  clear,  that  tlicrc  is  no- 
thing in  those  publications  which  can  serve  to 
remove  any  prejudices  which  arise  against  the 
prisoner,  and  the  persons  concerned  with  him, 
from  the  addresses  which  was  presented  to 
the  Convention  of  France. 

Gentlemen,  another  general  feature  in  the 
transactions  of  those  men,  at  this  period,  is 
their  numerous  publications,  complaining  of 
grievances  supposed  to  exist  in  this  country, 
and  the  abunaance  of  licentious  observations 
scattered  throughout  these  publications,  all 
tending  to  produce  the  same  ettect — the  aliena- 
tion oi  the  affections  of  the  country  from  the 
king  and  government  Grievances  may  and 
will  exist  in  all  govcrnment8,and  that  they  may 
exist  in  a  greater  or  less  degree,  in  this  govern- 
ment, may  be  true ;  but  dutiful  and  gcxnl  8ul>- 
jects,  who  honcstl  v  mean  the  reform  of  these 
grievances,  will  take  care,  in  their  endeavours 
to  procure  this  reform,  not  to  hazard  the  over- 
turning the  government  itself. 

These  are  the  transactions  in  the  early  part 
of  the  year  1793,  upon  which  the  prosecutors 
rely,  as  munifcsting  a  spirit  of  disaffection 
and  republicanism  by  which  these  men  were 
actuated,  and  as  evidence  of  their  having 
taken  measures  to  prepare  mcn*s  minds  for 
what  they  call  a  radical  reform ;  in  effect,  a 
change  in  the  whole  government  of  the  coun- 
try'. 

It  appears,  that  in  the  course  of  the  sum- 
mer or  that  year  the  project  of  a  National 
Convention,  to  be  hcla  in  Scotland,  origin- 
ated ;  and  they  say,  on  the  part  of  the  prose- 
cution, and  certainly  not  without  colour  (how 
far  it  is  distinctly  proved  you  will  judee), 
that  it  originated  with  the  prisoner  at  the  mir. 
They  refer  you  to  a  letter,  written  by  the  pri- 
soner to  Sk Irving  in  Edinburgh. 

[See  p.  407.] 

Now  you  w'lU  hear  the  answer  read  which 
Skirvin^  sent  to  that  letter,  and  you  will  at- 
tend to  It,  because  that  answer  is  charged  on 
the  part  of  the  prosecution  to  have  a  great 
deal  of  matter  in  it,  tending  to  explain  the  me- 
chanism of  a  National  Convention,  and  also 
what  was  to  be  its  great  object. 

[Sec  p.  408.] 

GeDtlcmen,  every  part  of  this  letter  de- 


serves the  roost  serious  attention,  in  that 
view  of  it,  which  I  pointed  out  to  you  just 
before  the  reading  of  the  letter.  I  think  there 
are  some  paragraphs  in  it  which  may  require 
to  be  respited  to  you.  This  letter  says, — "  I 
have  not  a  higher  wish  hi  the  present  exer- 
tions for  reform,  thap  to  sec  the  people  uni- 
versally and  regularly  associated ;  because  I 
am  persuaded  that  the  present  disastrous  en- 
gagements will  issue  in  ruin,  and  the  peo- 
ple then  must  provide  for  themselves.'^  What 
du  these  mysterious  words  mean  ?— disastrous 
engagements  to  end  in  niin  !  If  we  under- 
stand this  to  relate  to  any  political  engage- 
ments into  which  this  country  had  entered, 
and  which  might  end  ill,  the  people  woidd 
not  have  to  provide  for  themselves;  that 
would  not  dissolve  the  government.  What 
does  he  mean,  therefore,  when  he  talks  of 
these  disastrous  engagements,  which  are  to 
issue  in  ruin,  when  tne  people  are  to  provide 
for  themselves? 

"  And  it  would  be  unhappv  (says  the  writer 
of  thb  letter)  when  wc  should  be  ready  to  act 
with  unanimity,  to  be  occupied  about  organi* 
zation,  without  which,  however,  anarchy  must 
ensue."  Organization  of  what  ?  It  is  true^ 
that  if  the  country  was  to  be  brought  to  such  a 
state,  that  the  government  was  to  oe  destroyed 
and  another  form  of  government  to  take  itf 

Elaco,  it  would  be  unliappy  when  we  should 
e  ready  to  act  with  unanimity  to  be  occu- 
I  pied  about  organization  of  the  new  powers  of 
government,   without  which    anarchy  must 
ensue. — ^Does  the  writer  mean  this,  or  what 
does  he  mean  ?    lie  goes  on — "  Wc  will  not 
need  but  to  be  prepared  for  the  event,  to 
stand    and    see  the  salvation  of  the  Lord. 
i  Let  us,  therefore,    take    the  hint   given  us 
'  by  our  oppressors ;    let  us  begin,  in  earnest, 
i  to  make  up  our  minds  relative  to  the  extent 
,  of  reform  which  we  ought  to  seek.'' 

The  extent  of  reform  which  they  oujght  to 
seek,  according  to  the  defence  was  distinct, 
and  well  known,  and  liad  been  so  a  great 
while,  for  it  was  the  duke  of  Richmond's  plan 
of  reform. 

He  adds—"  Be  prepared  to  justify  it,  and 
to  controvert  objections ;  let  us  model  the 
whole  in  the  public  mind ;  let  us  provTde 
every  stake  ana  stay  of  the  tabernacle  which 
&«  would  erect :  so  that  when  the  tabernacles 
of  oppression,  in  the  palaces  of  ambition,  are 
broken  down,  under  the  madness  and  lolly  of 
their  supporters,  we  may  then,  without  anar- 
chy and  all  dangerous  delay,  irect  at  once  our^ 
tabernacle  of'  rightcuumas,  and  may  the  Lord 
himself  be  in  it." 

What  docs  this  mypKvious  man  mcaa? 
What  is  this  tiilnirnaclc  of  right rousnesB 
to  be  erected  at  once,  \\iIIk>uI  aiurchy 
and  dan&^crous  delay  r  arc  Uu  y  right  on  th,^ 
part  of  the  prosecution  vhcnlheysiv,  ih^^ 
he  means  thai  it  is  probable  there  may  gooti 
be  a  rcvoluliun  in  tlie  government  of  \^^(r 
country,  and  tliat,  in  that  case,  it 'would  b^  cj 
some  body  of  men  should  be  ctady  to   |^ 


kviDg  had   this   cuitimuniaition  with 
Skirvin^  on  th€  subject,  he  had  An  opportunity 

of  weighing  It. 

There  is  in  the  cTidencc  another  exposilioo 
oi  a  national  convention,  it  may  be  proper 
that  I  should  mention  it,  but  I  shall  not  state 
it  with  great  particularity,  because,  uniier  the 
circumstances  of  this  case,  I  do  not  think  it 
ought  to  press  much  agamst  the  prisoner.— -I 
mean  the  speech  of  Barr^rc  on  the  subject  of 
a  national  convention ;  in  which  lie  takes  a 
great  deal  of  pains  to  show,  that  it  is  a  thing 
}>erfectty  consistent  with  an  established  go- 
vernment.—That  a  national  convention  was 
Ihe  autliority  of  the  people  at  large,  which 
might  consist  with  the  established  govern- 
inents  of  ah  countries.  The  use  that  might 
be  made  of  this  doctrine,  by  those  who  wished 
to  reconcile  the  people  to  a  national  conven- 
tion a«i  a  constitutional  measure^  is  apparent, 
and  the  probable  consequences  of  such  a  con- 
vcntion  not  less  apparent.  And  here  it  is  fit 
Ihut  I  should  take  some  notice  to  you  of  a  cir- 
cumstance not  wholly  unconnected  with  this 
nan  of  the  subject ;  It  wm  observed  to  you 
ny  tho  leading  counsel  on  the  part  of  the  pri- 
soner (to  whom  T  am  always  desirous  of  pay- 
ing attention),  and  the  observation  was  re- 
peated, that  a  (K!ople  had  a  right  to  alter  their 
pvernmenL  That  proposition,  under  certain 
circumbtanccSf  may  be  true  ;  but  it  ou^ht  not 
to  have  been  introduced  into  a  court  of  justice, 
bound  to  adiuinifitcr  the  iaw  of  the  existing 
governuieut,  and  to  suiter  no  innovation  upon 
It.  I  did  tiol  internipt  the  learned  counsel 
when  lie  stated  this  proposition,  because  I  did 
not  wish  to  stop  him,  or  to  disconcert  the 
chain  of  his  argument;  hut  havmg  passed  it 
bv  uonn  that  occasion.  I  fenl  it  mv  dutv  to  no- 


Skirving*s  pruject 
land;  he  recommends 
an  official  letter  to  his 
propose  to  them  to  sen* 
ventioD ;  and,  in  that 
ing  nut  to  take  notice 
municatioQ  with  htna* 
Hardy,  appears  quite  iaj 
was  certainly  not  an  ii 
society,  independent  of 
the  society.  Had  he  a 
it  might  be  said,  he  m\ 
in  a  great  many  tbingftjJ 
ten  many  things  whicB  oi 
or  which  he  had  not  time 
might  write  whole  slieeU 
idea  of  the  sense  after  he  ] 
was,  therefore,  very  mu 
consider  the  prisoner  oiU^ 
here  he  certainly  i^  a  pri 
traordinarily  so;  a  prim 
great  share  of  the  spirit  oi 
city,  which  totally  chaofi 
the  man,  as  it  might  t 
from  all  the  rest  of  &e  c¥ 
A  letter  is  written  accor 
and  the  delegates  are  ap 
two  very  able  men,  viz.  Mi 
The  Scottish  Conventioi^ 
for  fourteen  days,  and  im 
authority.  Wliat  wotj| 
that  Scottish  Convention 
persed,  one  can  only  conji 
to  form  any  rational  conjc 
to  attend  to  the  general  cc 
vention.  It  is  fit  you  shoi 
memory  just  the  leadini^  j 
pressed  on  yoU|  on  be 
the  meeting  of  the  tls^l 


ISTS] 


Jbar  High  TreoMon. 


A.  a  1794*. 


[I374r 


consent  to  H  onlj  I>ecau9e  it  would  prepare 
men  for  what  was  to  follow,  and  •erre  to 
keep  the  public  muid  in  agilatioo  upon  that 
sul^cct  Considering  this  convention  as  a»- 
Bcmbled,  in  order  to  procure  a  reform  in  par* 
iUmetit,  It  would  be  nt  to  compare  the  means 
with  the  end,  and  then  judge  whether  this  os- 
ten«»ible  purpose  was  the  only  purpose  of  this 
convention* 

When  there  was  a  motion  made,  that  a 
scroll  of  a  petition  to  parliament  should  be 
prepared,  they  negatived  it,  and  therefore,  if 
that  was  their  only  object,  the  mirpoM  of  their 
meeting  was  at  an  end ;  but,  laying  that  ob- 
ject aside,  view  this  convention  as  it  was  ;  yon 
£nd  It  closely  imitating  the  manners  of  the 
Katjonal  Convention  of  France;  you  hear 
of  primary  assembties  and  sections ;  you  per* 
ceive  this  National  Convention  assuming  to 
Hself  a  formality  of  proceeding  which  is  very 
becoming  where  it  is  subject  to  no  just  excep- 
tion, but  in  the  place  in  which  it  appears,  cer- 
tainly very  alarming.  We  find  the  convention 
IS  const  limited  every  day  by  solemn  prayer  ;  it 
is  closed  every  day  by  solemn  prayer.  They 
bad  llielr  committee  of  finances  ;  their  patrio- 
tic donations,  with  honourable  mention ;  their 
order  of  the  day;  their  appellation  of  citizen; 
ftod  after  the  tenth  day  they  assumed  this 
data.  TkeJirUyear&fthe  British  Convent hn  : 
recoikect,  how  all  this  follows  the  language  of 
the  Niitiunal  Convention  of  France.  Who 
shall  »ay  w^t^lt  would  have  happcnH  if  that 
convent  ■  >  -^  not  been  disperseil  at  the  end 
of  fou  r  W  ho  bhah  say  that  if  they 

had  cou; —  .  :u  aii^ume  in  the  manner  in 
which  lUcy  had  breun,  and  some  interval  had 
been  permitted  to  them,  and  that  in  that  time 
they  na<l  happened  to  gain  the  public  opinion 
in  thetr  favour,  ludging  by  what  happened  in 
France,  who  shall  say  that  this  body  of  men 
^rould  not  liave  been  the  government  of  this 
country  ?  This  convention  was,  however,  dis- 
persed ;  the  consequence  of  which  has  been, 
that  legal  proceedings  have  taken  place  against 
lome  of  the  members,  upon  which  it  would 
Dot  become  me  in  this  place  to  make  any  ob- 
•crvaiions,  except  lliat  occasion  has  been 
taken  to  complain  of  these  proceedings  as  a 
grie\'ance,  and  most  certainly  the  prisoner, 
•nd  those  who  are  connected  wirli  him  in 
these  societies,  did  lake  occasion  from  thence 
to  irritiitc  the  public  mmd  to  as  great  a  de« 
gr«e  as  it  was  nossible  to  do,  by  the  reflections 
that  wtrr  roaae  on  these  proceedings. 

'  n,    there    immediately    followed 

'M  Hi?ctions  which  were  dispersed  on 

ti^  '  *e  proceedings,  the  plan  cjf  a 

hi  onto  be  held   in  England; 

^  k » "  '  '     f  >oin  I  to  w  hich  live  whole 

o(i\u  IS  to  have  its  relation, 

ttioreti»p.   .     ^,,m  I i deaertoa lerious atten- 
tion on  your  part*  %o  th«  citciililStaaccs  witlj 
vrhich  this  new  p^^r^  of«  rrtrtvi»i^iii-k*^  t*^"!.  ;.. 
troduced  lo  the  ; 

It  was  recoimnent!  ,    _..    ..l....  , 

la  ofdcr  to  eaablo  you  to  jtuj^e,  whether  tlic 


object  of  it  was  that  peaceable  object  whicit 
is  insisted  on  for  tljc  prisoner ;  whether  a  r&. 
form  in  the  Commons  House  of  Parliament 
was  really  the  bottom  of  the  whole;  of  wha- 
ther  the  object  of  it  must  hava  been  to  altev 
the  constitution  of  our  goverrunent,  to  obtain 
indeed  a  fuU  and  perfect  representation  of  the 
people,  but  not  m  the  Commons  Mouse  of 
Farliamcnt. 

One  should  have  apprehended  that  under 
any  provocation  which  these  people  professed 
to  liave  felt,  or  which  tluy  might  really  feei^ 
they  would  have  pursued  a  very  different 
course  from  that  which  they  did  pursue,  aa 
they  were  acquainted  with  the  circumstances 
of  the  dispersion  of  the  former  conventioDy 
and  with  all  the  objections  that  were  mado 
to  that  convention.  As  they  were  determin- 
ed to  have  another  convention,  it  was  to  be 
expected  that,  at  least,  they  would  have  takea 
care  so  to  guard  their  htnguage  and  proceed- 
ings,  that  it  should  be  impossible  they  could 
be  misunderstood  ;  to  liave  expressed  them- 
selves clearly  and  distinctly  on  all  ocaisions; 
to  have  explained  the  grounds  of  this  convcn* 
tion ;  to  have  conducted  themselves  with  a 
decent  moderatiun  towards  the  government 
of  the  country,  and  towards  its  proceedings. 
It  might  reasonably  have  been  expected  that 
they  would  have  made  an  express  avowal 
of  loyal  sentiments,  and  an  express  disa-. 
vowaf  of  going  any  lengths  which  could  be 
justly  objectea  to ;  an  express  disavowal  of 
ffoing  beyond  the  original  object  of  par- 
Fiamentary  reform,  as  stated  by  the  dukt 
of  Richmond.  Every  thing  that  was  inBam- 
malory  ought  to  have  been  most  carefully 
avoided,  in  order  to  prevent  their  purpose  be- 
ing misunderstood ;  and  what  was  more  ma* 
terial,  in  order  to  cn:»ure  success  to  tJic  mea^* 
sure  itself.  What  was  done  you  will  see,  and 
from  that  you  will  form  your  own  conclusions. 
They  published  a  paper,  which  you  will  hear 
read,  and  you  will  attend  to  it.  I  do  not  con- 
sider it  as  my  business  to  make  particular 
comments  on  it,  let  it  make  its  own  impres* 
sion  on  your  minds.  The  paper  I  refer  lo 
^there  are  many  which  are  connected  with  if) 
is  the  address  of  tht^  ttOth  of  January,  1794»oi 
the  London  Correspondini;  Society,  at  a  geae* 
ral  meeting  held  at  the  Globe  tavern i 

[See  page  441.] 

Gentlemen,  you  have  heanl  this  paper  read, 
it  expressly  refers  to  a  convention;  and  it  was 
certainly  published  at  a  time  when  an  idea  oT ' 
ft  convention  was  in  tlie  minds  of  tlie  people 
Now  )'ou  are  to  judge  between  the  king  and 
the   priHincr  upon  the  evidence  which  this  i 
paper  aUuTd5,  wtiether  the  object  of 
ventitin  w^is  merely  to  procure  a  tr- 
reprciicnti^i'.    :.      ^  ■'  ,    -  '     •  .   .1      . 
House  of  I 

''*■",       Slid    .it  '    'JUJltl^     IV        Ult     1.1.^X131.1  LMi  I VM  I     \«l 

»ry,  or  whetlier  thai  paper  is  to  be  under- j 
,  ...d  as  a  manifesto  to  excite  the  people  la 
\  Qvcrtura  the  sovonuQenti  and  to  dis5£X% 


nnita  a  joini  commncee,  wno 


ivsolution  ex  piTs^ed  tu  more  guarded kngasge, 

wiiich  ^ oil  will  Kesr  read. 

[See  page  564.] 

You  s€c  thai  ihis  h  a  dry  rp^olution  to  call 
a  couvf  iktion  fur  tlie  |nir|>us€  ot  taking  tnlu 
comidenitioii  the  proper  method  or  ohtaiiiiiig 
a  fjUr  and  full  representation  of  tlic  people* 
This  is  Iheir  object,  ;i>  i1u\  tlinik  tit  to  express 
tljcmsclv€s  wpou  con  Hiid  it  cer- 

tainly wa^  not  too  laii  it  tu  have  re- 

tracted any  part  of  the  rdshne^5>  and  violence 
of  any  former  mi^sure  which  Ibcy  might  have 
taken.  If  they,  thinking  ibey  had  Ccen  too 
violent  iu  their  expTe:»?iiori5,  or  extravagant  in 
their  sentiments  had  come  to  this  resolutiou, 
with  a  view  to  remedy  the  fault  of  their  former 
proceedings,  and  contiiic  ttic  objects  of  the 
convention  within  its  just  limits,  that  con- 
sideration would,  no  doubt,  have  its  due 
weight ;  but  even  iu  ibis  resolution  we  find 
no <fc€la ration  that  they  sought  only  a  reform 
in  the  Commons  House  of  Parliament,  and 
tliat  no  atl«:mpt  was  meant  against  the  King, 
«nd  the  jurisdiction  aiid  authority  of  the  Uau»e 
of  Lords, 

There  was  a  joint  committee  of  correspotj- 
deoce  and  eo-operatian  appointed  by  tlic&e 
Bockties  to  consider  of  the  means  for  carrying 
this  resolution  into  exeaition,  and  it  appears 
that  they  entered  into  a  very  extensive  cor- 
respondence both  in  England  and  in  Scotland 
for  that  purpose  ;  while  that  cor  i^  '  -ce 

was  going  on,  upon  the  14th  of  A  i  *e 

London  Corresponding  Society  htiu  u  ^^-i^Mal 
meeting ;  it  seems  to  have  been  oriL^tnaily  in- 
tended to  have  been  lie  Id  in  a  large  room  in 
Store-street :  it  was  not  held  there  orobablv 


Ullv 


J  press  I  he 

^  to    let  '.vl 

they  wert 

which  oti   i 

mulgated  \ 

ing  to  briii- 

fectsof  their  l-or^icr  vioi 

advancmg  in  the  same  o 

by  the  aamc  means  to  ihi 

their  object,  what  uust  Im 


irustead  o(  rr- 
of  their  lo) 
ment  t-*  ti 
a:s  rc^. 
as\A\  ' 

i:. 

y\ 

tiieJii 

this  iii 

<|ue!9tiou;iUc  ^ha^»c:  • 

nes  alori£;  with    li    r 

force,  and   . 

they  arc  ri 

in  suupori 

wilt    hear 

read, and  jju  wm  nj^ 

on  them. 


•rwTUt 


f  Sec  p  p,  73 


passible,  if  Uifiyaltendcd  to  the  subject^  or  if 
Ibey  bad  t.u  '  i  il  lo  see  that  it 

was  cxtrcn;  -h  those  reso- 

Inrr—  ' '  I  W.I  inmijMu  inu«i>aijil  people?  and 
f  lore  as  might  have  an  opportunity 

v>.  ...^...,._  u  them*  According  to  these  re^o- 
lutiun^p  It  was  a  probaljle  case  **  that  they 
ivoiild  soon  be  m  a  sUle  where  the  social 
compiict  would  be  uctusiily  dissolved,  aad  that 
it  would  be  necestiary  to  appeal  to  that  prin* 
ctple,  tlidt  incontrovertible  maxim  of  eternal 
justice,  that  t lie  safely  of  the  people  was  the 
suprtnnc,  »iid  in  cases  of  neccsnity,  the  only 
law/'  which  admits  but  of  one  interpretation* 
if  the  sue  ill  compact  is  dissolved^  there  is  an 
endof  the  govemmentf  of  course  there  must 
bo  the  e4(tabii*ihment  of  another  in  its  sicad; 
another  government  must  be  framed ;  this  is 
thcretbre  expressly  encouraging  the  people 
la  look  out  for  the  moment  to  arrive  when 
another  govenuucnt  wa5  to  be  framed ,  to  be 
erected  on  the  Tuins  of  the  present  establi&li- 
meat. 

Gentlerocn,  it  is  of  importance,  with  respect 
to  the  present  question,  that  the  eighth  and 
ienUi  resolutions  glance,  not  in  an  indirect 
manner,  at  the  House  of  Lords,  as  a  body  in 
the  contitution,  not  entitled  to  the  respect  of 
ihc  people.  Of  what  extreme  consequence 
this  was  in  the  present  moment  you  will  see, 
because  this  was  the  moment  in  which,  tliat 
which  was  to  he  done  in  tbe  National  Conven- 
tion, was  to  occupy  the  minds  of  ail  people, 
And  what  was  to  be  done  f  They  say  on  the 
part  of  the  prisoner,  that  he,  and  those  who 
were  associated  with  bim,  were  in  a  duiilul, 
constitutional,  and  regular  course,  to  collect 
the  sense  of  all  people,  and  then  present  the 
united  wishes  of  the  people,  in  a  regular  and 
conntitutional  way,  to  parhaincnt.  Now  was 
that,  or  could  that  be  the  ohject  of  men  who 
had  aMumcd  lo  much  of  the  republican  cha« 
faeter,  who  afler  addressing  the  National 
Convention  of  France,  had  uclfcd  the  (lart  they 
bad  done,  up  to  the  present  ntomcnt,  who 
vere  then  talking  of  tbe  social  compact  being 
dissolved,  and  were  Uien  speaking  contemp 
tuously  of  the  other  branch  of  the  legislature. 
To  this  (Question,  what  was  meai*t  lo  be 
done  in  this  convention,  as  resolved  on,  in 
January,  17Q9jind  as  followed  up  by  the  re«»o- 
kitions  at  Chalk-farm,  on  the  14th'  of  April, 
belongs  a  transaction  of  a  society  itl  Sheffield, 
which  t        '  '  ly  in  corrcs* 

Sonde h  here  in  Lun- 

on.     i  ul  been  arti- 

fici^llv  n  I    I      I.I       r  y  numerous; 

there  was  ,i  itkCLin  ,  ,  ,  ;en  thousjind, 

OU  the  7lh  ut  Apt  iistlc*htlL     Sevc- 

IjjjjMj^uhiUouii  wr  I'lssed  ;  they  were 

^MjMi^by  a  Mr.  Vorkc,  not  a  native  of  that 
.^l^^ktil  ttho  fo\uv\  hU  way  amoni^  thetu, 
an  ^  You  Imvc 

lit  inhfT   of  the 

JOiiiJ'-M3  Lunc.'t'L'iidmj  iff  whit 

ifcctions  he  wciH  to  not  ap* 

1     ptar;  how  lb«c  rwoiauous  wtit  oUlamcd,  I 
I         VOL.  XXIS*. 


\ 


do  not  th*mk  it  material  to  observe  upon,  far- 
ther than  that  it  is  a  satisfaction  to  know,  that 
though  multitudes  are  made  parties  to  these 
proceedings,  there  is  every  reason  in  tho  world 
to  behve,  ttiat  but  few  are  engaged  in  the 
depth  of  the  project.  Of  the  ten  thousand 
people  assembled  tin  the  Ca&lle-hill,  there  is 
no  reason  to  suppose  tliat  two  hundred  knew 
what  was  going  forward.  A  trick  for  negativ- 
ing a  resolution  to  petition  parliament,  was 
concerted  between  four  people,  and  by  their 
mancBuvriof;, and  management,  these  resolu- 
tions passeuin  such  a  way,  that  it  was  impos* 
sible  they  could  be  understood  by  the  greatest 
part  of  the  people ;  but  however  that  was,  the 
promulgation  of  them  to  the  world  at  this 
juncture,  appears  to  have  a  very  close  con- 
nexion  with  Ihib  plan  of  a  convention.  1 1  wa» 
proposed,  and  resolved,  to  petition  parliament 
no  more.  It  was  observed  by  iLe  counsel  for 
the  prisoner,  that  you  cannot  justly  conelude« 
because  an  individual  society,  or  those  who 
conducted  that  society  were  of  opinion  that 
they  should  petition  parliament  no  more,  that 
therefore  a  body  of  men,  more  likely  to  com- 
mand the  attention  of  parliament,  were  not^ 
according  to  their  apprehension  to  apply  ta 
parJiament,  for  a  parliamentary  reform. 

It  was  fairly  put,  and  it  is  n^hl  and  fit  to 
see  whether  the  observation  is  founded  in 
the  truth  of  the  case.  When  you  come  to  e^t- 
amine  the  resolution  with  Che  context, it  hardly 
admits  of  that  interpretation,  because  the  rea- 
son they  as>3ign  fur  not  petttjoning  is,  that 
they  will  not  f>etition  a  t>oay  who  are  not  their 
representatives.  Now  that  reason  must  apply 
to  the  House  of  Commons  for  ever,  according 
lo  their  notion  of  it,  and  as  it  was  understood 
and  adoptedi  by  the  Corresponding  Societ^r, 
and  other  societies  with  whom  they  wore  la 
correspondence.  If  it  could  nolbe  the  object  of 
this  convent  ion  to  petition  parliamentt  whero 
shall  we  hnd  the  ooject,  but  m  the  addresses 
to  the  nation  immediately  preceding  and 
immediately  following  the  promulgation 
of  the  project,  which  appear  totally  incon- 
sistent with  the  itlea  ot  a  convention  for 
the  purpose  of  an  application  to  parliament,, 
and  to  be  consistent  with,  and  calcubted  to 
give  effect  lo  a  convention  for  other  purposes,, 
and  particularly  for  the  purpose  of  concfriuig 
the  means  of  establishing  a  refw  <  »*o- 

vernnient  of  the  r»cop1c? — flu  e  of 

parol  evidence,  which  respects  iiii>  jKiint  ht 
to  be  stated — Lynam  snys,  th^tat  one  of  their 
H"-  *'"  '  ftell  observed  that  their  address  to 
f  111  Convenlion   in  Fr-uicc,   proved 

i  u.--.ni  im  .titnn:ln*.-  ill., I  lnws  here 

I  Ut.  The 
*  1 1  irdy  wjia 
f  d  ut  A  iiKviintr  of  tho 
i:                                    If  he  had  no   doubt,  and 

I I  the  niiture  of  llit  li  i-  n  i'  '  mmm  i<  itites 
th'^l  opiuiijn,  and  if  I  In  hm  i  k  :.  lJ..  u  to- 
gi'lhrr  tihould  be  irrtx  unci  I  cable  lo  Ihc  other 
opinion,  Uien  there  ii  a  weighty  nvidence  Jor 
your  comtdcratioa,  to  prove  tb^  whole  eiteai 

4T 


'*^-  ■''-      -* 


"I 


J3T91        35  GEORGE  III. 

of  the  propa<(Uion  ai  it  ia  staled  on  the  pari 

©f  t>»c  prosecution. 

The  parol  evUlencf  applies  both  way?,  many 
af  the  witticsHs  for  the  cn»wii  enpressly 
disavow  all  tore?  upon  the  govprnmeDl,  and 
A  very  other  object  beyond  h  reform  in  The 
Commoni*  Hmise  of  Parliament;  on  the  other 
handf  individuals  are  ehar^ed  with  having 
attempted  to  corrupt  the  soldiery,  tiiid  io  have 
mediUied  a  ]>ersonal  attuck  upun  the  king^ 
samI  direct  force  against  his  government ;  but 
this,  however,  I  ought  to  observe,  b  not 
brtHight  home  lo  the  [»fi«>oBer.  There  is  also 
frntol  evideurc,  though  loose  and  unt  onnccled, 
aC  a  jH'epanitiun  uf  arms  in  whidv  the  pri- 
aoAer  is  in  some  degree  implicated,  One 
witness,  not  of  the  best  crrtht,  said  thai  they 
were  lo  furnish  themselves  with  arms  to 
dtfenrl  the  Nationiil  Convention  when  it 
should  he  caUed.  This  evidence  in  its  nature 
it  very  important — this  ia  clear,  that  in  llieir 
idea  of  a  nuiiouai  convention,  every  thinf^  was 
Ibarein  to  be  conducted  peaceably,  and  orderly, 
the  national  convention  must  then  be  pro- 
tected from  without,  because  it  is  by  snch  a 
national  cot%vention  being  protected,  and 
being  left  at  libertv  to  act,  that  it  could  exe- 
cute its  orders  and  decrees;  it  seems,  there- 
fore, not  inconsistent  with  the  idea  of  a 
national  convention  which  was  to  overturn 
tbft  government,  to  inculcate  peace,  and  good 
ocder^  for  the  truth  undoubtediy  was,  and 
these  persons  saw  it,  that  whatever  this 
national  convention  was  to  do,  it  must  do  by 
means  of  having  the  voice  of  the  public  going 
along  with  it.  ^It  was  in  that  way  only,  that 
it  oould  execute  its  purposes ;  the  taking  arms, 
therefore,  to  defend  the  national  convention, 
has  an  immediate  connexion  with  the  charge. 
In  the  parnl  evidence  it  was  also  slated,  that 
these  people  expected  there  would  be  a 
struggle  before  they  obtained  their  object,  and 
that  ihc]^  had  made  a  preparation  for  it ; 
several  witnesses  said,  that  their  whole  object, 
in  furni*>hrng  themselves  with  amis  was,  to 
defend  themselves  ag^in?>t  illegal  attacks,  and 
negatively,  that  tlicy  did  not  mean  to  attack 
the  king,  or  Ihe  government.  If  they  had  no 
•bject  beyond  pure  self-defence,  they  might 
lawfully  furnish  themselves  with  arms* 

^  If  they  meant  to  put  themselves  into  a  con- 
dition to  sustain  their  convention  by  force, 
•gainst  any  attack  which  m)£;ht  be  made 
upon  it,  or  upon  them  in  defence  of  it, 
—defence  becomes  offtnce  and  treason. 
Respecting  the  whole  of  this  evidence  as  to 
arms,  standing  alone,  I  should  have  thoiiglil 
no  greul  reliance  was  to  be  had  upon  it;  con 
nee  ted,  as  it  is,  with  the  whole  transactions 
of  these  bodies,  it  certainly  is  midence  very 
lit  In  lie  taken  into  consideration  by  the  Jury, 
and  is  of  some  use  towart^s  marking  what  was 
in  the  minds  of  the  people  at  the  rime  lliey 
propostsd  this  convention,  and  whether  their 
purpose  was  that    which    iV  ■r\oi\ 

charges — a  purpose  of  subv.  n- 

iQf  nt  of  th©  couatry^  cwi«;'i"'^'"^*J  ui  pu^mg 


TrmlffThomm 
the  king,  which 

dtu.  ^  .^.,  j);irtft 
rittlly  to  t>ear  \x\ 
you  may  he  able 

and  lo  jiKlge  M 
they  justify  the 
it  is  laid. 

But,  before  yol 

you  are  to  atteni 
to  every  thing  th 
of  the  prisoner. 
Gentlemen, » 
part  of  the  wri^ 
troverted:  it 
I  do  not  think  it 
that  the  prieonel 
share  in  thete  Ij 
not  ofily  in  strict 
to  the  satisfacti 
principal  in  the 
only  s»ecretary  to 
tti ember  of  both 
in  one  or  two- 
He  was  the  proi 
ef  some  of  the  j 
nianceuvring  a 
tore  I  did  not 
you  with  separali 
dence  which  aM 
Gentlemen^  tl 
and  weighty  obi 
material]  ty  of  tti 
of  the  situatioi 
them  introducii 
ties,  for  the  puq 
what  was  passii 
the  subject  m 
particularly  th« 
necessary  cbnni 
vention,  which 
think  tlicre  is 
observation;  aj 
the  circuni6iano4 
purpose  ot 
you,  iliat,  ihoti| 

I  picion,  yet  that 

I  to  fix  on  the  c< 
that  ojitraordii 
tion  has  imputd 

I  evidence^    takei 

I  furnishes. 

I      Gentlemen,  ii 

I  soner  thus  : — ^"II 
simplicity  of  m 

!  in  his  d^portm* 
tution  of  his 
political  object 
obtfiinin^  a  radi 
House  ot  Pari  14 
universal  suffira 
he  had  taken 
I i shed  in  the  nn 
TheyM 

I  measif 
cernod  m  vni^-i 


1381] 


J^  High  Tftmofu 


A.  D.  119^ 


[tsn 


lion«  his  ideas  on  that  iulje<:t  were  Uikcii  trom 
thgt  book ;  and  there  it  cert^iiiily  a  very  \Ami 
tllu&ion  ia  that  book,  to  the  people  meciing 
together  fur  Utis  purp^j  i  ihc 

miVis  to  execute  hin  i  m; 

that  he  hnd  aji  expect  h^i  .iged 

by  Ibe  language  of  tli  "'  utuied 

sens^  of  a  great  duiu^  >  by  Lhcir 

delegates  in  convculioa,  i  '  pjiriia- 

meiitv  iDight  perhaps  ha\'i  >  c^s  than 

petitions  rroiii  individiials,  wlielher  they  were 
considered  a5  iudtvidual  men,  or  u.s  individiiai 
tocieties  of  men* 

They  farther  intist  for  the  prisooer^  thul 
hare  is  to  be  found  no  proof  of  a  design  to  use 
this  convention  to  any  other  purpo!»e :  and 
that,  as  to  the  horrible  purpose  of  subverting 
the  govcrnraent,  they  say,  it  h  not  only  not 
proTed,  hut,  to  the  nature  of  the  thing,  is 
iqjprobablc,  and  even  impowible^  considering 
how  di^proporUoned  the  means  are  to  the 
csd — Tliat,  if  it  is  to  be  considered  m  a  pro- 
ceeding of  the  san)e  nature  with  tlie  British 
Convention  at  Edinburgh,  it  ought  not  to  be 
held  to  he  treasonable,  becauAe  that  was 
treated  as  a  mi&dvmeaDor  only— They  say, 
|¥halBirer  violence  ther«  may  be  in  the  lan- 
guage of  the  resolutions,  addresses,  and  other 
papers  to  which  the  prisoner  has  been  privy, 
there  is  in  them  no  demonstration  of  the 
beaaoaable  designs  now  imputed  to  him. 

They  ajppeai  to  the  tcsiimony  of  a  ^reat 
ixutnfocr  of  n;^a)heia  of  the  difTcrcnt  socjeUes 
^iiK  iiK-,rr,  j^c  ty|5  b^cn  conjjccled,  for  the 
H-  uf  their  princjp)es,*iud  of  Uh  o\vn  ; 

111  ^J  attachment  to  the  king,  and  their 

reverence  for  the  con&titutian  u(  parliaihcnt, 
and  for  the  Lord's  House  of  Pailiameut,  a^  a 
branch  of  it. 

And  the  prisoner  aUo  appeals  to  the  cha- 
racter given  of  him  by  a  cloud  of  respectable 
witne^es^  who  repre^nt  hmi  as  a  ptacc^ble, 
scdiilc,  rcjigioiis  and  niurat  nmii,  having  as 
many  of  iliijii  collect  fnnn  his  conversuiiofi, 
Ihison-  ^■-  t  '  rm  of  parliumputi  and, 
lA  ft  p.^  Italian  of  tlie  loUHciou^ 

iffr''*^'  ,    ,.,.  t.vH.jiicl,  thc>'  rchr  v^'U  lu  a 

pr  which  he  niiidc  to   Mr  .siuruiin, 

wi  L -eutleman  propo*»ed  to  biiU;;th« 

procec<!iu^»»  of  these  siocicties  before  piirha- 
iDcnt,  in  the  sprmg  of  the  year  1793  ;— the 
prisoner  otfered  to  show  Iiiin  his  l^ooks 
papers,  and,  in  bhort,  all  hi%  corrrKpoodcncc, 
Uiat  had  any  rehition  to  the  subject,  and  was 
ready  to  lay  tJifm  bffure  piirJiument. — lie  i* 

I      also  rep rcAen led  (       '     '     ncis,  a%  appearing 
to  Imn  to  br  dn  .  il  in  this  buitine^s 

of  a  ptirliamenl^ry  rriorin,  jnd  *yinrerclv  <lcM- 
rous  of  obtainiiij^  it,  in  the  rr^Mlar  ctjui»r,  by 
petUiun  to  the  U^  "-'  -^  ♦  ■  muioux;  Jinditup 
pears  that  he  hriH  on  to  ^1r  Fmnctei* 

•a  from  the  M>cirf ,  i  ,.  h  he  bclotit^ed,  to 
be  by  him  presented  to  p^rliiiment. — This  mim 

I      in  May,  1795, — ^The  pcttlion,  I  should  add* 
wa«  on  th<$  plan  of  the  dtikc  of  Itkhmoru); 

I      and  it  may  be  true,  that  this  pluu  may  huvc 

I      receiired  couuteuiince  from  the  protest  which 


has  bf«en  road  to  you  from  the  Lord's  Journals, 
made  by  a  great  number  of  the  lurds  in  par- 
liament, and  containing  seuliments  which,  if 
yuu  suppose  it  to  have  fallen  into  the  hands 
of  inf<!uor  men,  who  happen  to  be  eapcr 
enlhusiants, certainly  might  have  gr^    ■  '  t 

xviih  ibtinu— Bu^gcnilciuen,  you  ss , 
wh,it  Ihc  duke  of  Richmond's  pktu  ,  ,  .,.o 
protect  go  to;  if  a  quealloii  were  to  arise, 
whctlw-r,  in  a  clear  cabe  oi  a  project,  •strictly 
according  to  tlie  duke  of  H*chuioud'»  piau. 
and  btricUy  according  |o  the  proti'st,  ;iny 
crime  Ciiuld  be  fasileoed  upon  tlic  a5sembhn§j 
a  convcnUun  for  the  purport;  of  riromolm<£tl>d 
project,  these  hentimenls  wo\iu\  have  their 
weight  .* — Here  the  anpUcation  fails  ;  nohudy 
can  suppose  that  either  the  duke  of  Rich- 
mood's  plan,  or  the  language  of  the  protest^ 
goes  in  the  smailest  degree  to  countenance  4i 
convention  for  the  purpose  of  introducing  a 
dfcmocracy  into  the  country,  which  is  3ia 
purpose  now  imputed  to  this  prisoner. 

J  have  already  given  it  as  my  opinion,  thai 
it  ought  to  be  conceded  to  the  |>risofler,  that 
really,  and  truly,  when  he  set  out  in  tiiis  bu« 
stuesSy  he  was  £»inceri;ly  attached  to  that  re* 
form,  as  eipres^K'd  in  tlie  duke  of  Richmond's 
plan;  and  probably,  at  ttiat  time,  he  had  HA 
idea  of  ^om^  beynnd  it;  but  tlie  queslioft 
now!  ]icr  he  tias  notgoaa 

verv  I 

Mi\  ^-\jut:iv}i  ti'  IJM41,  m  his  reply,  has  tn^ 
peached  sontc  of  the  testimony  that  1ms  Immi 
given  fi^r  the  pnsoner,  by  imphcatiog  the 
t.ituessc^  belonging  to  some  of  thcM;  socie* 
li<es,  in  li^  vu/lent  measures  which  were 
adopted  by  these  societie^t  and  the  SfM^ld 
Society  in  pftrticalar«  whose  duplicity  iu  their 
corrc*^^K»udcrice  with  the  Constituijonal  So^- 
cicly,  ^md  the  Society  of  th«  Fritnds  of  the 
People,  of  which  I  liavc  already  ukcn  notice, 
h  uptn  to  a  (Treat  deal  of  ub^rv-ttiott.*— 
Thou  '  .ahciroHlti»thi*tthiiy 

arc  }  y,  uud  sincerely  at- 

tichiii  v<  II  cun^i.iuii'N*  of  the  country^  and 
to  their  kini;,  yet.  M  they  arc  found  to  be  en- 
gaged ill  niC'i^Hum*!  which  mipiy  directly  the 
<  ••hirary,  il  d^ya  pf>  very  strung ly  to  tlic  cre- 
dit of  tl»«ir  tebliuiooy;  lor.  lu  timi  c^saev 
tliLir  testimony  is  **  Protestatio  contra  fu* 
turn,'* 

Gcnllcmcn,  in  the  reply  to  that  part  of  the 
evidence  givr^n  by  Mr.  Francis,  where  be 
*»'tid  the  prisoner  appeared  to  him  to  be  per- 
fcttly  sinccrc'i  it  was  iibservcd,  nil  this  ap- 
pears l»y  the  evidence  to  have  been  tncre  pre- 
lent  e  and  |»«jliey  to  carry  ou  the  general 
plan  ;  the  reply  idso  observes  on  the  evidence 
tu  hi-*  cluracttT,  that  ttiuugh  hr  ba^»  establish- 
ed by  a  (loud  of  wiin«s%es  and  in  the  most 
«^4t  is  factory  maimrri  ttiat  he  is  in  hi^t  private 
character  a  !^edatt%  moral,  rcli;;f'»u^,  g»XKl 
fTian,ycl  Ihj^t  his  condvict  in  hII  tht^c  transac- 
tions strongly  marks,  that  hr;  is  ^rJ  deept/ 
tiueturL-d  with  enthusjiasni  that  hi^  morul 
character  m  ly  be  but  a  neutral  circumstance. 
The  c<»uD>cl  ill  reply  tuoutioacd  the  fiuDOUi 


l_ 


U  GEOEGE  m. 


nmwt^m  the  p»t  sf  tbe 
hgl  w  vli  taK  bj  tlHt  amit  M  w 
Nmb  an  IIm  c9iMee^  ««  toialtf 

Id  ttie  CoBurn^a  fIot»«  ^  fWJbipeot 
Gcolleraeii^  upon  Ibe  whole  ol'  ttili  stxie^ 

gniipoa  tl>e  «1ik»&  anx^e  of  eviideo^  tHctre 
|pM%  voo  iuve  npw  co  eiemse  jfocjr  jud^- 
Bttt^  I  de»r€,  that  in  aefeisuig  yoyr 
ji^gaigii&  yvm  vill  pvf  no  aUM«  stieninii 
m  mf  thlag  I  b«fe  Mii  tiaa  that  wliidi  b 
jMBvvvsirv  tci  lead  yisti  io  lii^  coifendef^tiuii  of 
MlMe  |>oftib»  whkh  *eirm  inmcdiaiely  to  ciHi- 
•tHuir  the  p&niciJar  charge  a^nst  tlib  maa» 
mud  to  the  cYideiice  by  wbmh  it  ii  sup* 
a^rl^d  ^  to  lb(»%e  |)otnt^  uid  U»  Ibai  evidence 
li^  wtiirh  llie  defence  fzimj  be  sufr^rted,  4Jid 
to  th(^  aniwcr  giirea  to  that  defence.  Every 
terdjct  or^gbt  to  be  thi^  jorj'i  o^wn  tod  ought 
to  proofed  oa  ctear  gruimds  of  f^rt — It 
flight  iQ  do  »o  in  a  ci&te  ot  thh  nature  oiore 
paTlkul*<rIy,  if  powihle,  becsiufe  oo*  great 
obji^l  of  ihii  pfo»eciJttgn  fiiti*t  be  that  the 
cmiutry  inav  fc«  *^ti5fiietl,  that  ihey  mAj  see 
that  the  peihlk  jiiblkg  of  H  ha^  Uken  Its  fair 
coiiT%L%  aiMJ  ih^t  yoUp  the  jury,  have  well  and 
tnily  tried  and  trtie  dcNverance  made  between 
tbe  kme  and  the  prisoner  at  the  bar^  accord- 
ing to  the  law  of  the  bnd  and  the  oath  which 
yoii  have  taken. 

J  am  verj'  boot  to  bavc  occasion  to  remark, 
that  during  the  course  of  this  trial  the  dignity 
of  a  court  of  Justice  bas  but  too  often  been  vio- 
lated by  improper  behavioiir  both  within  and 
without  doors ;  what  il  is  men  can  mean  by 
such  conduct  wlto  do  not  wish  at  once  to  di«- 
iiolve  all  government  and  the  bonds  of  all  sa^ 
ciety,  I  cannot  imagine.^— I  trust  I  shalL  hear 
no  iTiore  of  this, — You  will  now  withdraw, 
gentlemen,  and  consider  «f  your  verdict. 

One  of  iff  e  Jury. — My  lord,  we  wish  to  bave 
a  tQp  of  the  iiKlktpimt  to  take  out  wttb  us, 


re  sbaU  not  hare  oecMOO  fm  aav 


r^ 


iatoCoMt  at  tba^-Aw 


[Tbie  Jn  wiUidrcw  mt  tlurtj  i 
twelve  iraock 
a^fi  JatoCinat 
t&eee'cloek.] 

Tkmat  ff^nfy  set  to  the  bm, 

€krkt^ih€  AtrsigmM, — Tbomas  Hardjp  Intd 
up  yotir  Eand — GeiHlefiieB  of  tbe  ioff»  loak 
upon  the  prisoner — How  say,  yoo,  m  Imamt 
HjMdf  fitllty  of  tiie  bigb  tieafoo  wbawoi  ba 
stantfa  mdicied^  or  Dot  gailiy  f 

F<rrema m^^^oi  Gi&l^. 

Cierk  of  drrtigm.^Did  he  fij  for  it  ? 

Foreman, — Not  that  we  know  of. 

i*ri«ii«f ,— My  fcilow  countrymen  I  ittum 
you  my  tbanks* 

[The  pmoner  wa&  immediaielj  discba^pd*] 

L&rd  Chief  Justiee  Eyrr. — Gentlemen  of 
the  Ju  17  J I  ought  to  takelhe  first  opportunity, 

alter  this  laborious  attendan^-e,  very  is^iticerdj 
to  thank  you  for  the  rea^ltnesLS  with  whidi 
you  have  sacrificed  ^  TDUch  of  your  i 
convenience^  and  with  which  you  have  i 
gone  the  fatigue  of  this  trial,^ 


For  an  account  of  the  demonstrations  ef 
joy  which  were  manifested  on  the  acnuittal  of 
Thomas  Hardy  set  tbe  New  Annual  ke|i£tcr 
for  Ibc  year  1194^  p.ST4. 


*  The  jtiry  tlept  at  the  Humtnums  every 
night  from  the  S69th  of  October,  attended  by 
the  proper  officers  of  the  Court,  sworn  in  tha 
usual  form,    Qn$-  E4. 


ADDENDUM 

TO  VOLUME  XXIV* 


TO  HABDY'S  CASE; 


?,  91  J,  I  2.     Note  to  the  word*  '<  October 
the  bixlb/' 

In  Sibly*8  Report  of  the  Trial  of  Tliomw 
Ilard^y  tl)e  preliminary  proceedings  from 
I  the  sixth  to  the  twenty-seventh  of  October 

k|^  inclusive^  arc  detailed  at  much  greater 
^^r  length  than  in  the  text.  The  following  is 
^^K  Sibly*&  account  s 

^^^guion-Houtc,  CUrkenwtll — Monday ^  Oct,  6. 

^^^  The  Court  met  at  ten  o'clock,  when  the 
^  grand  jury  had  not  a  bill  ready  to  return. 
About  two  o'clock  the  Lord  Chief  Baron  ap- 
peared on  the  bench »  when  a  true  bill  was  re* 
turned  against  the  following  persons  for  high 
treason : 


Thomas  Holcroft, 
John  Richter, 
Matthew  Moore, 
John  Thelwall, 
Richard  Hodgson,  and 
John  Baxter. 
Jolm    Love  It  was   not 


Thomas  Hardy, 
John  Home  Tooke, 
Jn.Augustu<i  Bonney, 
Stewart  Kydd, 
Jeremiah  Joyce, 
William  Wa^le, 

The  bill    against 
ound. 

The  jury  thanked  the  chief  justice  for  the 
lliargc  delivered  to  them  the  day  on  which 
'l^e  commiasion  openedj  which,  at  their  re- 
ucst,  was  ordcrca  to  be  printed,    The  judge 
hanked  them  in  return  for  the  comphmenl, 
is  he  would  not  aflett  lo  say  that  ne  deli- 
ittred  it  withuui  notes,  he  would  chcarfully 
icqutcace  in   their  renuest.     His  lordship  ob- 
[served,  thut  the  jury  had  attended  four  days, 
raod  wi!»hed  lo  know  if  they  should  proceed 
[^any  farther  that  day  ?  or  if  they  meant  to  ad- 
journ? After  this  conversation,  they  agreed 
)  acyoorn  to  jcxt  day  at  ten  o'clock* 
The  Attome^'Generai  made  the  usual  mo- 
Lions,  that  copies  of  the  indictments  be  given 
[  to  the  prisoners. 

The  Chief  Jtutice  wished  to  know  of  the 

r Attorney-general,  what  lime  he  would  be  in 

f*.uJiniv.a  to  deliver  to  the  prisoners  the  panel 

,  &fc,  a?i  ten  days  were  required  be* 

J        I       '  rials  could  commence. 

i'hc  Attorney-Gentrni  said,  he  should  be 

I  able  to  answcfi  and  settle  the  business  next 

Nay. 

f    The  Chief  Jmtice  next  called  noon  the  per* 
vms  who  tttended  as  agcnt^i  iolidion»^  and 


others  for  the  prisoners,  and  informed  ihem^ 
that  by  the  U9ual  application  ttiey  may  hav«  | 
access  to  the  prisoners.  He  said,  he  would  i 
not  harass  Ine  prisoners  by  having  iheml 
brought  up  until  their  arriiignment— to  informJ 
Ihcni  of  these  particulars,  for  that  copies  of| 
their  indictments  should  be  left  with  them^M 
and  wished  this  infurmation  might  be  imroe^J 
diately  communicated. — ^And  then  the  CouciJ 
adjourned. 

A  List  of  the  Wit;? esses  sraPCENiEO* 

Jlitrfi/e*ex.— The    Kino    against    Tiioujt 
Hardy,  Joun  Horne  Tooke,  John  Au^ 

OUSTUS    BoiiiN'EY,    StUART     KvDD,   JeR 

wiAH  Joyce,  Thomas  Wardle,  Tkomai  "" 
HoLCEOFT,    John    RicuiEa,    Mattuew 
Moore,     John     Tueewall,     RicflARft 
Hope  SON,  AND  Joun  Baxteh. 

Upon  an  Indictment  for  High  Treason 

AUntnder  Aitcheion^  student  of  medicin^ 
residing  in  C;inongiite,  of  Edinburgh,  in  the 
parish  of  Canon  gate,  in  th«  county  of  Edtn* 
Durgh,  a  prisoner  in  the  Tolboolh  of  Edin- 
burgh.— Henry  Atesundcr,  abiding  at  the 
Rose-tavern,  Fleet- market,  in  the  city  of 
London,  lincn-draper. — Daniel  Adatm^  of 
Tooke Vcourt,  Cursi  lor -street,  in  the  county 
of  Middlesex,  gentleman.— Gforge  Aiien^  of 
Turner*s-court,  Bedford-bmy,  in  the  county 
of  Middlesex,  one  of  the  constables  attend' 
ing  the  public^ofhce  in  Bow- street,  Coven l* 
garden,  in  the  said  county. — John  ArmiiroHg, 
of  Kingsland-road^  in  the  parish  of  .St,  Leo- 
nard, Sliorcditch,  in  the  county  of  Middle- 
sex, one  of  the  constables  attending  the  po* 
lice-ofTice,  in  Worship- street,  in  the  said 
county. — Jamet  Jgar^  of  Hare-court,  in  the 
Temple,  barrister  at  law. — Joseph  tiutterm&rtk^ 
of  Fleet-street,  London,  bookseller. — Jokik 
BuUock^  of  Church-yard-court,  in  the  Inner 
Temple,  London,  stationer  to  the  Board  of 
Ordnance. — Wm.  Broomhead^  of  Watson's* 
walk,  Sheffield,  in  the  county  of  Vork,  culler 
and  scissar  fmisher,  now  in  custody,  at  the 
house  of  Mrs,  Mary  Parkinson,  ni  lilUe 
Charles-street,  Westminster,  in  the  county  of 
Middlesex. — Grant  Broughton,  one  of  hi  a 
majesty^  messengers  in  ordinajry,  abiding  at 
the  house  of  the  right  honourablo  the  mar- 
quis of  Salisbun',  m  Arlinetoa^treet,  in  tb« 
county  of  Middlesea^— *&niArd  B«^W^^  "* 


\ 


S5  GEORGE  III. 

linion-crcscent,  Kent-road,  in  the  countjr  of 

Surrey,  eentlemiiD,  one  o(  the  derks  of  tUc 

jpolice-umce,  in  Lambeth-street,  Whitecbapel, 

in  the  count)  of  Middlesex, — J(^tph  Hurchelt^ 

of  the  .Sheriifs-oflice,  in  Took*»-court,  and  re- 

'  friding  in  Great  James-istreel,  Bedford-row,  in 

the  county  of  Middlesex,  attorney  at  law.^ — 

George  Cheek  Barnes^  of  Noble-itrect,  Gosh 

'vel-street,in  the  county  of  Middlesex,  printer, 

— John    Bouitt   of  Red  lion-court,    Charter* 

llouse-IaDe,   London,    oewsnian    und    ticket 

porter* — Thomas  Btnckbume,  of  Craven-street, 

City- road,  in  the  county  of  Middlesex,  paper 

hanger  and  underlakcr* — WHttatn  Blacky  of 

York'Street,  Webtminster,  in  the  county  of 

[  JdiddleseXf  green  groccn  and  one  of  the  con- 

Iftables  attending  the  Public-office  in  Bow- 

•trect,  Co\entg»rden,  in  the  said  county. — 

K^rt   Bererfmd^  residinc  at  the  comer  of 

'Bcnnel's-court,  Drnry^lane,  in  the  county  of 

I  BCiddiesex^  taytor  and  green-grocer,  and  one 

I  ©f  the  constables  attending  the  Public-office 

tifi  Bow-street,  Covent-garden,  in   the   said 

I  county. — Arthur  Blake,  of  Devonshire-street, 

[Portland-place,  in  the  county  of  Middlesex, 

['•s^*— Uki&flrt/    Benn^y    of    Redinan*fc-row, 

iBeibnal-green,  in  the  county  of  Middlesex, 

P%rarchouse-man,— l^m.  Barclay^  of  DukcV 

Ijcourt,   St.  Martin's -lane,  in  the  county  of 

{Bftddlesex,  shoemaker.— ^cManiW  Bircht  of 

p  Vine-street,  in  the  parish  of  J^t.  John,  West- 

jUiinstcT,  in  the  county  of  Middlesex,  labourer, 

(«ne  of  the  patroles  attending  the  public-office 

I  in   Bow*5lrcet,  Coven  t- garden,   in   the   said 

I  county. — Antfton^  Beck,  of  Oit ford-street,  in 

fthc  counry  of  Mrddlcsex,  Sadler.— JoAn  Bur- 

Ifey,  of  Blackman- street,  in  the  Borough  of  j 

I  fiouthvvark,  in  the  county  of  Surrey,  one  of 

the  clerks  in  the  Auditor's-ofhce,  Somerset* 

Elace.— JaAn  Bone^  of  Weston- street,  Snow- 
elds,  South wark,  in  the  county  of  Surrey, 
muslin  clearer.—  H' if  Ham  Carnage  ^  of  Fargate- 
street,  Shctheld,  in  the  county  of  Yurk,  ink- 
bottle  maker,  now  iu  custody  at  the  house  of  i 
Mrs.  Mary   Parkinson,    in    Little    Charles-  I 
street,  Westminster,  in  the  county  of  Mid*  j 
diesex. — John  CkUd,  of  Crown- street,  West-  r 
minster,  in  the  county  of  Middlesei,  one  of  , 
his  Majesty's  messengers  in  ordinary .^ — John 
CoaiUf  a  soldier,  in  tlvc  Birmingham  Volun-  I 
tccrs,  late  of  China- walk,   l^mbtth^  in   the  ! 
county  of  Surrey,  apprentice  to  John  Philip 
Fmncklow,  taylor,  and  now  residing  wrth  his 
father,  Christopher  Coates,  of  Little  C  ollegc-  , 
Btrtet,  Weslramster,  in  the  county  of  Mid- 
dlesex.— Stephen  Coitreft,  of  Grosvenor- place, 
in  the  county  of  Middlesex,  esq.  one  of  the 
elerks  of  his  Majesty's  most  hon'tinhlp  privy 
counciL^ — IVm.  Carter,  of  Ang  nig- 

acre,  in  the  county  of  Middle.'^f.  kcr. 

— Patrick  Cotquhmtn,  of  (bar  les- square,  Hox- 
ton,  in  the  county  of  Middlesex,  csn.  one  of 
the  justices  of  the  policc-oflicc,  in  Worship- 
tlrcet,  Sboreditch,  in  the  ?:iid  county. — 
Tkamoi  Cfmpman^  of  Ix»naon, 

b<»k5cUcr.«-s/bAn  C  .  ui,  in  the 

cotmtjr  otEuilaiidi  attorney  at  iavr,— CAri*- 


Addmdum  to 


[ISBS 


topher  Cridlandf  of  Kefitp*>-eeiirt»  Berwidc-- 

street,  Soho,  in  the  county  --f  ^''^dlesei, 
shoemaker,  and  one  of  t  he  c  1 1 lend- 
ing the   public-office  in  Bo       . Lovent- 

garden,  in  the  said  cuunly. —  Vhomus  Carpmeitl^ 
of  Bow-strcel,  C  ovent-garden,  in  the  count| 
of  xMiddlesex,  victualler,  and  one  ul  the  coo- 
j  etftliles  attending  (he  pubhc-oiSce,  in  haw* 
street  aforesaid. — Henr^  t^rvker,  of  Totten- 
ham court-road,  in  the  county  of  Middteset, 
broker,  and  one  of  the  constables  attcoUtog 
the  public-ufl&ce  in  Bow-street, Covent-nrdctt 
in  the  said  county.— JuAh  Chupntan^  of  Dean- 
street,  Fetter-I*tne,  London,  Jaljcuirer.- j4/fct- 
andtr  Cofue^^  of  Ued  lion-rotirt,  Watiwc* 
street,  m  the  city  of  Lcjudon,  shoe- factor,-* 
Jama  Clerk,  esq.  sherirf  ilrrutr  of  the 
county   of  Edinburgh,  resi*!  torge- 

square,  in  the  parish  of  St.  1  i  ,  m  itic 

said  county. — John  Ckutfttid^  of  BacMuU, 
llHtton-gardcD,  m  the  cuunty  of  Uiddkvi, 
limber  merchant. — Bernard  Cvbbei^  of  WaJ- 
nut- tree*  walk,  Lambeth,  in  the  county  of 
Sujrrey,  one  of  the  clerks  in   th^  \- 

office,  Somerset-place. —  }¥tHmm  ,»' 

Mount-row,  Lambeth,  in  the  ^ 
messenger  to  the  solicitor  for  % 

majesty's  treasury.—i/tnry  />r*^tiry,oi  t>.>cJi* 
street,  in  the  county  of  Middktea^  clerJt  il 
the  rtde«,  on  the  cruwn  side  of  bb  liajti^V 
court  of  Kmic's  bench. — HaMtird  Dwmm,9i 
SbcfficJd,  iu  Bie  county  of  York,  pfiDtfi,^ 
James  l)avid%iin,  of  It usscl- place,  Ri 
street,  Coven t-gardetj,  in  the  coinitv  of 
diesex, printer.—  William  \)ur 
slreel,  Westminster,  door  po 
of  lord  Grcnyille,  o«€  of  hi^ 
cipal  secretaries  of  .strttf,  *itM 
street  aforesaid.— J 
street,  Soho,  iu  i 
bookseller.— Jt^sfpA  j  <i-. 
Jcwin- street,  London,  - 
custody  at  the  house  of  V;  .,.w,.*.  . 
Cork-street,  natn^ver-square,  in  ih- 
Middlcsex,  one  of  bis  \rui-'Tv'\  ■ 
in  ortlinary. —  Dana 
street,  London,  bi 
of  Newgate-street,  London,  the  8*a 
Isaac  Eaton,  of  the  same  ptace. 
—  Evan  Evata,  late  a  prisoner  in  n 
of  the  marshal  of  the  Marshatse^,  i 
of  KingVbcnch,  grocer,  now 
house  of  Samuel  Giles,  at  K^ 
way,  in  the  county  of  Surrey. - 
of  llie  abovc-nauied  Evhu  1 
siding  at  the  house  of8;ir'  : 
inglon-causeway,  in  Ihr 
Samuel  Edward'  "'  f'^-^' 
Strand,  in  tli 
merchant,— J' 
VV'estminsler, 
of  Middlesex,  ^ 
the  court  of  Kin ^  a- 
Sloane-slreet,  in  \ 
esq.  one  of  the  ju^' 
in  fkiw-street,  Cu 
county.^  If iV/ioiii  lalh^tr^  ct  dottU^iUi 


ortxe 


1389] 


Park'i»n«,  in  tht  p«mh  (if  St.  Occfge,  Hin* 
oipof-squwre,  in  the  county  of  Mirfdlese^t,  eiq* 
out  of  the  clerks  ot  his  maje^^t^^^s  mg^it  hem. 
frif^OOUDeU. — Edward  Fvgion^  o(  iht  Pleft^ 
IMll>f«trait,  PlilmcrV  village,  Tt>th  ill-He  Ids, 
ui  the  €4mfif?  of  MieWJeses,  ^hoentaker,  and 
«tt0  «f  Iht  omctn^  the  Public-oflice  in  Bd^. 
Knot,  Cnvrr:*  — -^  n,  in  the  said  counir. — 
mUitm  H*  'etd,  of  Iimer-Scultand- 

yml^  in  ihe  ^...,  >^'ldl«scx,  altorney  at 

Imw, ^Watiam    J  of  the    Middle- 

temple^  Lotkdori, ' !  aI  law. — JnAn  FtfiV- 

imff  of  BrovighioiT,  in  the  parish  of  St.  Culh- 
MTt's,  in  the  county  of  Edinburgh,  wright,  a 
BTliiMi^r  in  the  Castle  of  Edinburgh.— /inoc 
MmteHtf  the    younger^  of  Camornile-street, 
Btshop^gate^street,  in  the  city  of  London,  at-  ' 
tomey  at  i^w.^^.Thomat  Furmagt^  of  Wind-  | 
miU'StreeV    Toltenhanii-eourt-roat),    la    tl)6  i 
eounty  of  Mlddlesrt,   coltector  of  the  rate  i 
for  paving,  &c,  within  the  pan«*h  of  S.iint 
HancrA5,  in  the  said  county^ — Wm,  Fletcher^  , 
of  liocolnVInn,  in  the  county  of  Middle?»e:f»  ' 
Minister  at  Wm,^Duncan  Or««r,  of  Strulion-  | 
mynd»  Wemminslert  in  the  counly  of  Mid-  ' 
MiUV  one  of  the  eonsUbles  atteudinr  the 
PyUk-office  in  Bo*r-«treet,Co'ventgaTt6n,  m  i 
lite  f«td  cotfnty. — £d»md  Omlin^,  late  of 
Huioii)  in  the  |«rt«h  of  S^int  I^onard,  Shore- 
dhillyjB  thecotmtjof  MicklleseK,  hut  now 
iMMing  at  the  house  of  Jannrs  Bis^f,  lTppet'< 
lf«ker-iov,  Moorfields,  in  the  said  county,  | 
«ad  «lerk  to\ViUiam  Wickham,  esq.  one  of , 
the  justice*  at  the   po)ice-<^ce  in  Lambeth-  \ 
irtreet,  Whilechipel,in  the  said  founly^—Jo/rji 
Qurmil.oi  Kinf;-street,  WcstmiTisler,  in  the 
comity  of  Middlesex,  one  of  his  majesty's 
meaaetigers  in  ordinary. — Richard  Oay^    of 
HopkinS'Streeti  Saint  JamcVs,  in  the  county 
of  Middlesex,  drug  and  jnfrfunit?  grinder,  a 
prisoner  in  the  custody  of  Ihc  Marshal  o<  the 
Mar»halsea,  of  the  court  of  Kui^Vhench,  in 
the  K in ^S- bench-prison,  in  Samt  GeorgeV 
Fields,    m    the   county    of  Surrey, — Thomot 
&9ienf  of  Omn  ^  fields,  in 

th»  cwmfy  of  r.— /oAn 

(Mtwrny^Qi  EsfeY-cuurr^  m  luf  AiKKiie'tenipte, 
Ittfiiterit  Itm,— A lexandir  Grants  of  VVar- 
#Biif^«tr«el»  8oho»  in  the  county  of  Middlcscf , 
m\iaiu.^WiUhm  Gttlahed;  of  llosicr-lane, 
Wr*«UHmiihfi#»TH  T  Miwt.tn,  ne«rsma£). —  li<fger 
'  rt^  Carey  street,  in 

,  iHvlor,  and  green* 
p:t  ii^i  one  of  the  constables  altcndiDg 

tJi'  t  11,  iir  office,  in  Bow  street,  Covent- 
garden,  in  tiie  »aid  county .^ — Arthur  Gtiddon^ 
of  Great  (h-mond- street,  Queen-s-quarc,  in  the 
•Olimy  of  Middlesex,  atlorney  at  bw.— JoAn 
iM^Ai,  of  IMurnbcrVrow,  MileH^nd-old- 
town,  '  1/  of  Mi<Jdlcsc?«,  carpen- 

t<tf  ai  ne  of  the  confllablcs  at- 

t^r.-j,  ,:.,-    -  t       'rth-strect, 

''I'hmnnt 
(  i.k   ^,,^. 

y  '!ce- 

cj'  ^  -    ,  .-.,  ..li  the 

county  Qi  SAtddi^vix.^ihmatiJUg^t  N^.60, 


Chirifig'«ro9§,  We*limmleT,  in  the  eounty  of 
Midillesei,  gentleman,  clerk  to  Mr.  Whiie,  of < 
No-  6,  Lincoln Vinn.—JoAa  Grate*,  of  Crown**^ 
court,  Russc I  street,  Covent- garden,  in  tht 
cotmly  of  Middlesex,  gentleman.^ RicAaf#j 
Mayward^  of  T  "  iiace,  Slloredilcb,  lA 
the  county  of  ,  wax-chandler,  no# 

a  prisoner  in  hi?  ina|rr?i>  s  gaol  of  Newgate; 
—  George  UigginSt  of  South-street,  in  thir 
pariah  of 5>ai»l  George,  llanover-sfjuarc,  in  thi 
county  of  Middlesex,  one  of  his  majesty'i 
mt^^ruj^'ts  in  ordinary.— CAf*#/o/?Acr  Hull^d^ 
Chai  attorney  at    law. — EdeeaHt* 

Hod  1 1 -yard,  near  Temple- bar,  prtntert 

— Henry  HtU,  of  Far  gate-street,  in  Sheffield^ 
in  the  county  of  York,  cutler,  now  in  custodj 
at  the  liouse  oi"  Mrs.  Mary  Parkinson,  in  Lit  * ' 
Charles  street,  Westminster,  in  thecminty 
Middlesex. — John    Hancock^    of  Chichester* 
rents,  in  Chan  eery -lane,  in  tt^e  county  of  Mid* 
dlesen,  gentleman,  clerk  to  Mr.  White,  of  N 
6,  LincolnVinn.— H'i//iam  HugkiaonjOf  Fa 
mall,  in  the  county  of  Middlesex,  esq.  ch 
clerk  in  the  oUBce'  of  the  right  hon.  Hen 
Ihmdas,  one  of  his  majesty's  principal  seer 
taries  of  state. — Bdwerd  Haruey^  of  Lam' 
street,  SpitaU square,  in  the  count v  of  Hh 
dlesex,  warehouseman.— Jo  An   Hottingwort. 
of  Thread  needle  street,    London,   banker 
J&hn  HiUier^  of  Bishopsgate- street,  Londoi 
bookseller,  now  a  prisoner  in  his  majesty 
gaol  of  Ncwgate.-^eff?wwAi  Samuel  Jordtt' 
of  Fleet-street,  in  the  city  of  London,  bool 
seller. — Jmepk  Johnson,  ot  St.  Paul's  Churc 
yard,  in  the  city  of  London,  booksciIer.*-Ji 
»fph  Chyf on  Jennings^  of  Hart- street.  Bloom 
bury,  mthc  county  of  Middlesex,  barrister 
law*— CAar/cf   Jealous^   of   Brownlow-f^tre' 
Drury  lane,  in  the  county  of  Middlesex, 
ler,  and  one  of  the  constables  attending  t 
public-oflice  in  Bow-street,  Coven t-gard en, 
the  said   county, — Joshua  Joyc^t    of  Rss* 
street.  In  the  Strand,  in  the  county  of  Middl( 
sex,  tallow-chandler.— ?7imnai  Jtmetf  of  "" 
ford-lane,  in  the  btrand,  in  the  county  of  Mii 
diesex,  labourer,  and  one  of  the  constabli 
attending  the  public-office  in  Bow- street,  C 
veul-^rden,  in  the  said    courity. —  WUti 
Jmten,  esq.  of  St,  George Vfields,  in  ihccoun 
of  Surrey,  marshal  of  the  Marshalsea,  of  I* 
court  of*  King's- bench. — David  Gvorge  Ji 
mar,  of  Fritii-street,  Soho,  in  tlie  county 
Middlesex,  one  of  the  clerks  in  the  Auditor': 
olBcc,  in  Somerset-place. — WilUam  John 
of  the  Inncr-tcujple,  London,  attorney  atla^ 
John  King,  of  Queen-street,  ^ 
Westmrn^trr,  in  the  county  ol    ■ 
one  of  111  >  under  secieluncs  of  sta^ 

— John  h  ^r  of  his  mnie'sty's  ^ol 

Ncwgiilr,   r*.  ^  "  '       A' 

ntdy^  ot  Cro>  acri 

in  the  con  ^ 
oflhccoi 
Bow  -♦•■ 
—  It 

dilh. ,.- .,  -      ,. .  ■-.. 

^buvid  hirrghorn,  gentletnaD,  gJtoicr,  of  Wir 


J 


1301]        S5  GEORGE  IIL 

tiiajesly'«  Tower  of  London,  abiding  there,— » 
IViUiam  Lovndes,  of  Uie  Middletemplc,  Lon- 
don, barrister  at  law. — Edward   Lausun^  of 
Xiiiie  Oeorge-atre€t,    Weslrainster,    in    the 
county  of  Middlesex,  one  of  his  majesty's 
messengers  extraordinary. — Jmncs  Lyon^  mes- 
senger at  arms,  residing  at  the  house  of  James 
Cooper,  in  Advocate's -close,  in  the  city  of 
Edinburgh, — George  Lynam^   of   Wal brook, 
London,  ironmonger. — Edward  Lutendtr^  of 
Brury-lane,  in  the  county  of  Middlesex,  at- 
torney at  law,  and  chief  clerk  of  the  public- 
office  in  Bow-street,  Covent-garden,  in  the 
said  county. — Arnold  Langiey,  of  Gloucester- 
Street,  QueenVsquare^  in  the  county  of  Mid- 
dlesex, gentleman,  clerk  to  Mr.  While,  No.O, 
LincolnVinn.— IFwi.  Lmkhnrt^  sheriff  clerk 
depute  of  the  county  of  Edinburgh,  residing 
ftt  Newhaven,  in  the  parish  of  8t,  Cuthbert's 
I  in  the  county  of  Edinburgh  aforesaid. — David 
lii^df  of  York- street,  Westminster,  in  the 
»  county  of  Middlesex,  footman  to  Mrs,  Camp- 
bell, of  Bury-street,  St.  Jamcs*s,  in  the  same 
county. —  Roht^ri    Moady,    of  China- square, 
[  Sheffield,  in  the  county  of  York,  carpenter 
J  and  joiner,  now  in  cusstody  at  the  house  of 
j'l^Irs.  Mary  Parkinson,  in  Little  Charles-street, 
1  Westmmster,  in  the  county  of  Middlesex.— 
Thoman  Maclean^  of  Whitehall,  in  the  county 
[  of  Middlesex,  one  of  his  majesty's  messengers 
[in  ordinary. — John  MoprCy  of  GrayVuin,  in 
[the  county  of  Middlesex,  attorney  at  law,— 
— -  Merry,  of  Ramsgate,   in  the  county  of 
Lent,  doctor  of  physic. —  WiUiam  Mainuaring^ 
let  llanovcr-square,  in  the  county  of  Middle* 
l^x,  esq.  one  of  the  prothonoLiries  of  the 
l-«ourt  of^  Common  Pleas, — George  Munro,  of 
I  Ceorge*  street,    Manchester- square,     in    the  I 
[county  of  Middlesex,  esq.  a  captain  in  the  I 
lirmy.— It'i7/iam  Meicul/e,  of  Dowgate-hill,  in 
ilhc  city  of  Londun,  attorney  at  law, — Patrick 
|iiarwio«w*,  of  Stanhopestreet,  Clare-market, 
in  the  county  of  Middlesex,  hatter,  and  one 
<>f  the  constables  attending  the  public-oflice 
in    Bow-Jitreet,   Covent-garden,    in   the  said 
coiiBiy.— Andrew    MiitiFf   of  Great   Kus^et- 
street,  Bloomsbury,  in  the  county  of  iMiddle- 
Kx,  shopmrin  tu   Mr.  Jordan,  bookseller,  in 
Flccl^slrecl,  London, — Jmeph  Muckf  clerk  in 
;he   Sherifl;*cleik's   oibce   in  Edinburgh,  re- 
^lidJng  in  Ca?lle  Wvnd,  in  the  city  of  Edin> 
bureh, —  U'iiUum   M'Citbhin,  writer,  reaidinz 
in  the  hou^c  o(  John  Donaldson,  smith  and 
room'Setlcr,    in  Todderick's  Wynd,   in   ttie 
city  fit  EiUnhnrgU.—AtcTttnder  MUcheil^  linen 
iDanufacturcr,  residing  at  Strathaven,  in  the 
hiaribh  of  Strallmvcn,  in  the  county  of  La  nark. 
K/Uikur    MEwan,    of  the   Water  of   Lcith, 
l||^e  piirith  of  St.  Cuthbert's,  in  the  county 
wWinbur^li,  weaver,  a  prisoner  in  the  Tol- 
booth  uf  Cmongate,  of  Edinburgh. —  Walter 
Mdlcr,  wfight  and  merchant,  of  the  Uigh- 
■eet  of  Perth,  in  Uie  pariah  of  Perth^  in  the 
ttnt^  of  Perth,  a  prisoner  in  the  Tolbooth 
^inhurgh. — John  MiUer^  of  Dukc's^court, 
Itrect,  Covcnl-garden,  m  the  county  of 
Qeseit,  ooe  of  the  c^nstublcs  uttcnaiog 


Addendum  ta 

the  public-office  in  Bow- street  oforesud.'-^ 
Siephen  Henry  Murretif  of  Hay* street,  CokU 
bath-Aelds,  in  the  county  of  Middlesex,  aiie* 

tioneer.~Hm.  Mtddid'^-  '".,,.*  ti 
officers  of  the  county  t^i 
in  WarrifitonS  close,  in  L  .. 
— Joseph  MUntr,  uf  Alderm  n, 

warehouseman. —  IVilltam  A  k- 

street,  in  the  parinh  of  ^t.  '  mover* 

square,  in  the  coimty  uf  M  one  of 

his  majesty's  messengers  in  uni-  -r- 

derick    Folydore    14 odder ^   ol     U  '  t,' 

Golden-Mjiiarc,  in  ihf  county  of  v, 

botanic  pamter. — John  Ao«f,   re-  lO 

!  Lord  ChamlicylainV^>ffice,    i  jrK>>* 

palate,     in  the  county    uf  \,  one 

of  Ins  majeslys  mc***engrfs  r  .h,*  '..-Ml4Ty.— 
£^rtl»  Nrptan,  of  8<  olUntl-yard,  WhitciuiU^ 
in  the  coiitiry  uf  MiiJdle?ie.\,  e^q.  une  *ti  hb 
majesty's  under  secretaries  of  ^t«4te. —  Rai^dh 
Norm,  of  Hiire  tuurt  in  the  I>inple.  dtrk  to 
Mr.  Spink !j,  under  IreHburer 
the  Inner-temple. — Arthur  O 
street,  in  the  Strund,  m  the  ioiioty  wt  Mid^ 
dlesex,  barrister  at  hw -^Hobtrl  Orrock,  of 
Dean,  in  tlie  parish  of  St.  Ciitht»ert's  in  tlie 

county  of  Kdinbureh,  black^roUh,  a  prisoner 

in  iJie  c4Atle  o(  Echnbnf   ',  '  ■       of 

Caml>erwell,  in  the  cou 

— June   l^artndgtf  of  NuUi 

the  dauijhter  of  Mr.  Partridge  i 

aforesaid,  apothecary.— WVi/i-..  .  ! 

lie    Mary-le-bonc  street,    in    the  i 

Middlesex,  blacking  ball  makf.r. 

the  pAtroles  attending   the 

Bow-street,  Covent-garden  in 

J&hn  Pearfon,  of  Lincoln's- ill  1 

of  Middlesex,  student  at  law . 

«?«,  of  lloxton- square,  in  the  cou.  H 

dle^x,  surgeon  and  apothec^iry,^ 

*o«,  ol  Fi^-trcc-courl,  in  the  T 

m^n.—  Wiiiiam  Rms,  of  Crov 

minster,  in  the  county  of  M; 

his  majesty's  messengers  in 

Reaves,  of  Cecil  street,  in  th* 

county    of  Middlesex,    barn 

George  Ro$t,  clerk,  or  late  • 

zetteer-office  at  Edinburgh,  ol  - 

Edinburgh,  a  pri!»Qner  in   tl 

Edinburgh. — Archibald  RutkveH^  • ' 

row,  Newington-butts,  inthecout. 

rey,  baker,  one  of  the  palroles  ati' 

Public-office  in    Bow-btrect,  C>o\ 

in  the  county  of  Middlesex. —  ' 

of  York -street,  St,  J  times 's- 

county  of  Mi  f  "  '      '  •• 

soner  in   his  ^rwgatflu— 

Thomas  Clio  i^.c.r ,    ...     ^  yy^*    W 

bone-itreelp    in   the   county    ot    MidtUi 

bookseller,  and  Jane  \\\s  wife,  of  tb<  ^ 

place. — Samuei  Re€C€, 

Charter- h*juc  Kqujuc,  i 

dle;iex,  ^.1 

Norwich, 

house  01 

in  the  pui  ^ 

in  the  tounty  ol  Jdiddicu-^,  yut  ul  luiaaa^ 


139S] 


Hard^^s  TfiaL 


A.  D-  179*. 


[ISO*' 


jesty's  m^sengers  In  ordinary.— /o/m  Thoma$ 
Siack^  of  Buckleys trt^ct,  Goodman Vflelcis, 
Wliitechapel,  io    the  county  ol   i^liddlr&ex, 

9tfty-inJ(k€r. —  Henry  Ih-f^hoJ  Sijivond^.  i.f  Pa- 
icrnostcr-ruw,  Loiwloi  id- 

•oner  io   his  maj«stv  -^ 

Witlifim  Sharp,  of  CI 
iiospitAl^    in  the  coti 

graver. — Joku  5t'A*i«%cjj  iUtoa  b-Ucct,  I'iinlno, 
la  the  county  of  Middlesex,  one  of  hu  ma- 
jesty's messengers  in  ordinary, — T/timuu  *Sy- 
mumdtt  of  Crown*office-row,  Inner- ten iple, 
1^'  '  "  *  1  nt  at  hw.^ Maithrw  Sinf},  of 
i>  ^  near  the  ISew  Chun  h  in 

tiw  .v..^*t..,  „i  »iic  county  oO''^'"'-"^  'j'jc- 
maker,  and  one  of  the  cm  \ng 

the  (H)ijce  ulTice  in   Gr^^kt"  .    incl 

in  the  said  county. — (  s  of  tfie 

tnuichof  gtB)>es  tn  Btii  ai)ic-bar, 

in  the  county  of  iVliiitlic^ex,  vicUmller. — 
Midac  Clttyton  Strnth^  of  Articiioke-yard,  Lajh- 
tclh'Mafjjh,  in  the  county  of  Surry^  roes- 
sender  in  the  oflftfe  of  flu?  n»ht  ht»n,  Ifenry 
Dii  I  '  /':.':'.  cred- 

it n- 

hujf^i  Miiiirv,  in  tnr  '^iii>urL>s  ui  the 

ciu  ,   attorney  ai  law. —  Wtlliam 

JSctf^,  aoMv.L.M  ciL  kw»  reiiiding  in  Merchjint- 
Alrect,  in  the  city  of  Edinburgh. — Daniei 
Stuart  nf  I  rliii-^tiii  t  Suho^  Jn  thc  county 
ol  -i*Ai»i«ij  *Sij/^i  of 

F;i  V  of  IjoncJon,  liiiir* 

dresser. — JmA?*  ^ktdiani^  df  CharUon-sircct, 
Sotnmer«-town,  in  the  county  of  Mi<itl(csex, 
p:i'  ncof  the  patroJcsutleiuhng 

th(  II  liow*strcet,Co^'c»t-g'drden, 

in^lhc  .  — John  Sheimtt iU ft e,  of  iiie 

Crove,  k,  in  the  county  of  Surrey^ 

baiter, — Jamts  dap^^  of  Mutdcu^Lne.  Wuod- 

sirael,  IiDcidoa«  warcliotiM^miin. JltfiMm 

HtmrchyOf  Stain  hnpe-f^lrrci,  CI  u  re-mark  el,  in 
the    county  of   J^liddle^tcx,    iron-mongtrr. — 


J&kn  Ta^Ltr,  of  >«♦•*» 
nofw  ft  prisoner  in 

minster,  in  the  county  uf 
hb  itwjc?«ly*s  messcneicrs  ti 
Tkomtan^  of   Wt\yuiouiii-^ 
square,  in   the    county  ot 
•t  the  '^ 

at  wet,  \ 
af^ 


I . 


^  gent, 
t  New- 
,  West- 
one  of 

ndi^ih- 

,  clf?rk 


c  in  Great    ,Ni 

OllijtV. —  I'Jwrn  r}^ 

1.  in  tin.  rnuiJly  of 

.  Jate  a  prisoner 


son,  of  Oakham,  in  the  eotmty  of  Untliindj  ^ 

1  the  couii 

uf  the    f ' I 

publiC'Othcc    m   B<jw-fttrcct,  < 

Jii  the  said  county. —  i human   7 

Chelsea,  in  the  county  of  Mnldlesex, 

coachman,  and  one  of  the  patruics  at- 

tciidms   tJie  pubiic-oflicc  in  Bow-*trcct,  Co- 

vcnl*^ardcn,    in  the  ^aid  county .—Ji^Aw  Ttty* 

htf    of  hi,  Geor lie's,    Norwicli.   5urgcon«-« 

John    Thompson^  near  the  turnpike,   in  the 

Neu'-road,  St.  (ieoriic's  r-  "       '      *       i  vho 

county  of  Middk^^ex,   a-  the 

puldic-ofhcc  in  r '"'!'•''    V* ._..,,.  ..,  irr}^ 

\n   the  said  C"i  n    Tnjftiu,  i  ;      lui- 

bcrry-street, Mj  i  Iiavh   in  i         ,,uiy 

of  Middlesex, ;  Stlca 

attending  the  |iM  rcer, 

Whitecbapel,  in   the  siiid   cuyiity, — H  liiUm 

Tut/lotf  of  Oridge-ijlrcet,  Wcstmin%ler»  in  the 

county  of  Middlesex,  esq.  one  of  tlu?  clerks  in 

the  oflice  of  the  rt.  hon.  lord  Grf  nville,  one 

of  his  majesty's  principal  ^ofstute. 

— Fttis  I au^iftan,  v\  Crov  v,  Inner^ 

temple,  London,  harrirjter  ir   mw  — John  Vel- 

l(tm^  uf  Oakham,  in  tfre  county  of  Hulland, 

butcher  And  gr^xicr*^ — Thamm  Jahn   Upton,  ot* 

Ileil-yard,    near    Tetnple-bar^    %valch*makcr, 

aud  miichin(;>t,  now  pn^^oncr  in  the  New  l*ri- 

son,  t.lfrkenwcll,  in  the  county  vt  Middlesex. 

— Alexander    WilOs^  of  Uar Icy- street,  in  the 

county    of    Middlesex,    dancing    tonstcr, — 

Samuei    Witlittrnx^    now   in    custoffy   at    the 

house  of  Mr.  lordham^  in  Lambeth -street, 

VVi)ilec|japel,  in  the  county    of    MifldlMrx, 

coach»mastcr,  apprentice  to  luid  fing 

with  Joseph  VVbitton,  at  Tower  ,  trr- 

dock,  Ijondon,  j;uu  engraver,— ./-iv^/  \  n,<^ 

of  Lcicc%ter-fu'ldft|  in  the  counlyoi     1,(11,  _ 

sex,    wino  nif  rrhunt. — Gror^r 

\Ve*it-smithiicld,     London,     i* 

'ihomtii    Wogntulftf   of   s- uili  ^ 

parish  of  St,  Geurgc,   i 

county  of  Middksi'X,' : 

Mongers  in  ordinaryr—H  i/V*«m 

%i  Jameb*s-placc,  in  the  countv 

esq,  one  of  tlie  jualtcea  of  the 

in  Larohtlb-Hireel,  VVtntcrhMp* 

county. — John    [Vhtirttm^  ii 

the  county  of  York»   esq. 

Essex-court,  Middle  tn 

inn,  in  the  county  ot 

'  iimI  Bohcitor    fni 

treasury.— Hr 

ii'Strut-'l,  in  tb«      , 

llksex,  altorm^y  at  Uiw.-^ 

I'lr     ^Ir  iml     iii    lb-'  (  um:: 


Iv 


of 

i    itie 
m  the 
mef- 
of 

'% 
puiitc^lhc«, 

.  frMti**  t'.aiti 
'  in 
,  of 

II 'fi- 
at 

ina- 

:.-k. 

.>iy 


htiry  M|Uiirc^     i  f 
—  Ilt'ury  SuTupK- 
cnrncrof  l\' 
hijt  now  of  ' 


Il5- 

i.ty 
111. 

Loiitkiti,  piintiT. 

I.ttc  of  No.  l,tho 


ujrru  Lii>6Cj  in  me  city  ot    ijiinuiir;^ii. — JuAll 
4  U 


J395]         35  GEORGE  IIL 

\Wtr(tx^  ^(  Rostmary-lane,    W  hiUchaprl,  in 

horji^  abifling  al  the  house  of  Mr.  John  King, 
1  Cumberland -street,  Tultenham-court'ioad, 
in  Ujc  (ounty  of  Midtnese^,  and  shopman  to 
(ibtlr.  B^xli^r,  near  Cecil- slrccl,  in  the  Slnin(l» 
Lin  tlie  nM  caimly,  bookseller. — Gti^rgt  Hi^- 
ti«m,    of   Fjirg ate- street,    Sheflield,    in    the 
l.€t)untY  of  YortCj  hair-drcsser»  now  in  cnslody 
I  at  ihc  hojjise  of  Mrs.  Mary  Parkinson,  in  IJl- 
Ltlc  CliHrlcs-slrecl.  Weslminstcr,  in  the  county 
l-of  Middlesex.— iViwrts    H  </^«,    of  riudycr- 
'ftrcet*  WcMtininster,  in  the  county  of  Middlc- 
[:ie€,  one  of  hti  majesty's  mesj,cn*gers  in  ordi- 
[^^ary.— 77iLwi«5  Wmd,  of  licd-hon  jstrcel.  Hoi- 
born,  in  the  parish  of  St.  George  the  Martyr^ 
in  the  county  of  Middleseit,  lottery  inspector. 
-^WiUiam  Worship ,  of  Ball-alley,  honibunl- 
. street,  l^ndun,  engraver. —  Ruhatd  Willuitm, 
of  Oakham,  in  the  county  of  Hutiandj  clerk, 
\' — Richard  H/ijYf»  of  Piccadilly,  in   the  parish 
of  SL  James's  Westminster,  in  the  covmty  of 
Middlesex,  oilman. — George  Wiiiiu^ton^  ot'lhc 
Inner*  icnipln,    London,   attorney   at    law.^- 
'—John    Wigii^leswnrtftt  of  Somrrsct-place,  in 
the  county  of  Middlesex,  e<*q.  one  of  the  in- 
jectors general  of  accounts  in  the  Auditor*s 
office  there.-^JoAra    York,  of   his   majesty's 
Tower    of    Ix>ndon,    and   deputy- lieutenant 
^thereof.— j1f««/ien?    Yatman^  of  Percy-street, 
Bathbone- place,  in  the  county  of  Middlesex, 
apothecary. 

The  following  is  a  List  of  the  Petty  JuitORS 
summoned. 

Acton,  Thomas  Buck,  esq. 
B^ick'tane.  John  Warner,  gent. 
Baker  -  street^   Port  man 


Addendum  to  fffK 

Ckurttthimc'^^&rt*  Li<y  Primall,  etf, 
and  chembt. 

Chen^^street,  Bcdjhrd^uarc,  Mm  Pc«- 
vey,  cooper. 

Chiswkk,  Tbonii 
Green,  esq.  John  i 
mas  Beach,  Strand  ou  lUc  Gri-ca,  csq. 

CUrkcnwell.  Apdey  Pcllatt.  SL  JobnV 
street,  ironmonger;  John  Guest,  ditli^,  e*^, 
and  potter  J  George  Filhngbar^i*  ditto,  hop« 
factor;  David  Dean,  ditto,  cheesemonger; 
John  Wright,  Red  Lion-strcel,  walcit  we- 
makcr. 

Cockipur-iirttt.  James  Obphant,  bailer; 
James  Lrompton,  paper-hanging  maker. 

Colnhrook.  Henry  Bullock,  tkb  ^c  of 
Colnbrook,  esq. 


itjuiifc.   Thomas 

T 
Benjamin  Bradbury,  Fryer's  lane. 


Skipp,  Dynit  Burknell,  osi 

Barnet,  Benjamin 
¥ryer*S'bamet,  gent* 


Bet(ford-sqmire.  Joseph  Shrimpton,  esq. 

Bfthnai'grfen.  Josiah  Boydcll,  i^ent* 

Bou?,  Thomas  Sayer,  e?q,  and  distiller;  E(L 
ward  Gordon,  esq.  and  brewer ;  Mark  Hudtion, 
esq.  and  brewer. 

Brentford,  Hut*h  Ronalds  esq.  and  nursery- 
man ;  David  RobertJ,  diiilillcr. 

Broad' street^  St.  OcorgcU  in  the  East.  Jo- 
B€ph  Ainslie,  coal-merchant, 

Bromlty,  N  atbaniel  Stonard,  brewer ;  Charles 
Smith,  distiller;  Christopher  Metcalf^  esq, 
mnd  dif) tiller. 

Brompton,  Thomas  Hammersly,  esq.  and 
l>ankcr;  Hanbury  Poller^  Old*  Bromplon, 
€sa. 

Muckingham'ttruU  Archibald  Paxton,  winc- 
mcrcbant. 

Bur*Htrrft,  Eaut-mithjkld,  Thomas  Allen, 
brewer ;  lUcc  Da  vies,  esq. 

Chnncefy-tane,    Richard  Masters,  cf(|.  and 

loker  ;  Thomas  Drucc,  stationer. 

Cfiaring^ctttjui.  Charles  Foufdrinicr,  sta- 
tioner; James Shepnell,  silverMUith. 

C/iurUiite*iitre(t^  liathhone-plnc€,  Edward 
Campion,  esq*  and  winc-mcrchant;  I»aae 
Mark,  gent. 


Delton,  Cecil  Pitt,  eso. 

DouHing  -  itrert^  Wcfiminwitr.  Thomai 
Maude,  esq.  and  army  agent. 

Duke-strcetj  WcUmitiHer.  Calvert  Claphaair 
gent. 

Ealing.  Thomas  Wood,  Hanging-bill,  e«L 
and  coal  merchant ;  Richard  Mcux,  esq*  and 
brewer;  Robert  Winn,  Lower-side^  eiq.; 
Richard  Hunt,  Windmdl*||ine,  esq. ;  Scmpeoo 
Bowles,  esq.  and  haberdasher ;  John  OdDef, 
esq,;  James  Smith,  c«q.  and  Dtrf'umcr;  Ro- 
bert Vincent,  esq. ;  ThumLi  -r- 
side,  esq.  and  distiller ;  Ed\^  ■  f 
Thomas  Cheap,  esq. 

Edgaare,  Thomas  Cockington,  gent, 

JEc/wort/i)M.  Daniel  Gossctt,  esq  r; 

John  Blackburn,  esq,  and  met •  .»- 

mas  Lewis,  Soutli-street,  esq.  and  innh  ucw, 

EUtret\  Samuel  Rudge,  esq.  JohnRudge, 

Enfield,  Matthias  Dupoot,  of  the  Chace- 
side,  gent,  wine  and  branay-  merchant ;  Ggoi;p 
Capes,    esq.    and    warehouseman ;    fU^O^ 
I  Gough,  Forty-hill,  esq,;  WilltMn   rmcnon, 
Bush-hiU,  esq.;    John  Hci  5i, 

es-n.;  Henry  Furrier,  Chace-  rfi 

Ellward,  ditto,  esq.  and  uphuidtr ;  CUtf^ 
plier  Strotlio^r,  Bull's  cros«<,  esq.  «nd  tuet- 
chant. 

FinMey.  Thomas  Allen,  Eatt^od.  tsq. ; 
William  'Hamerton,  '  " "  ,,inaa  Cildaft, 

Nether-street,  esq.  aiii  L 

Frit  h' at  ret  i  Sofuf.  Aic;v;»ii*ivr  TtOlter,  Ciq. 
and  upholder, 

fulft  -  i^r^ert  Lew  18,  Nonh-cndy  w^, 
John  J 

GoLhi iv.    Major   Rhode,  hfom^ 

street,  cmk  and  sugar- baker. 

GoimU'Mrc€t.  Robert  Uawkios,  coal*afh 
chant* 

Grnif^t-inn-Unc,  Thomas  IlamtoOt  Gov* 
keeper. 

Ortat  G^rg€'§irm,  Wmimimitr,  Fkan 

Jr.    :  J, 

el.  Joatoh  Wedgwood*  potlcr. 

iff  can  irttt^  Orot9€Mar*iquar€.  G«fiit> 
Brooks,  eaq.  and  bankers  lamea  Fbh0r,tw 
elder,  esq. 

nackitey,  Tbomasnoddillgl01l^€St[.  Cbtrllit 
Dighy,  Mare-street,  e^q. 


J397] 


Hardy's  Case. 


Hammemniih,  Jvanes  Doirille,  esq.;  Simon 
Lesage,  esq. ;  Bryan  Marshall,  gent.  Ben- 
jamin Gooaison,  esq. ;  James  Keene,  grocer ; 
Henry  Osbaldiston,  esq. 

Hampstead.  Philip  Godsall,  gent,  and 
coachmaker ;  John  Peter  Blaquire,  esq.  and 
merchant;  Thomas  Rhodes,  Hampstead- 
Toad,  cowiceeper. 

Hampton,  Thomas  Chad Mrick,  esq.;  John 
Hillman,  esq. 

HanwelL  William  Harwood,  esq. 

HarUsdown*hiUy  near  Harrow.  William 
Nicholy  farmer. 

HatUm-garden,  Nathaniel  Wright,  sur* 
▼eyor. 

Haya,  John  Blencowe,  esq. 

Hendon.  Michael  Collinson,  eeq.  Edward 
HilLgent. 

nighgaie,  Edward  Hale,  gent;  Samuel 
Provey,  esq.  and  weaver. 

Hig^ttrettf  Mary-lr-bone.  James  Sheridinc, 
esq. 

Hillington,  Samuel  Marsh,  esq*;  William 
Perry,  esq.  and  doctor  of  physic ;  James 
Cook,  esq. 

Holbom.  Robert  Mairis,  near  Great  Turn* 
stile,  gent. 

Homtey,  David  Duveluz,  esq.  and  mer- 
chant; John  Mayhew,  esq.  and  upholder. 

Jblington,  Samuel  Pullen,  gent. 

Kensington,  James  Wheble,  gentleman  and 
taUow-cnaodler ;  John  Walker,  Square,  esq . ; 
Thomas  Ayliffe,  esq. ;  Samuel  Palmer,  esq. ; 
Bdw.  Helme,  Parson's- yard,  esq.  Jeffery 
Hohnes,  Young-street,  esq. ;  Alexander  Bax- 
ter, esq.;  Edward  Green,  Square,  esq.;  Ed- 
mund Jennings,  Youne-street,  esq. ;  Stephen 
Aisley,  esq.;  Robt. Wiflson,  Square,  esq.; Tho- 
mas slanders,  Phillimore-place,  esq.;  John 
Mason, esq.;  John  Battyc,  esq. ;  Thomas  Bur- 
ziett,Parson*s-yard,esq.;  John  Robinson, esq.; 
Isaac  Lucas,  esq.  and  oilman;  John  Jenkin- 
SOD,  esq. ;  Thomas  Robinson,  Church-lane, 
esq.  and  gardener;  John  Butts,  esq.  and 
ironmonger. 

Knightsbridge.    Sir  Joseph  Andrews,  hart 

Lunehouu.  Robert  Batson,  ship- builder ; 
Robert  Mellish,  ship-builder;  James  Mitchel, 
rope-maker ;  Adam  Steinmetz,  biscuit-baker ; 
Jeremiah  Blakeman,  timber-merchant;  Tho- 
mas Bird,  distiller;  Charles  Turner,  sail- 
maker;  Thomas  Draine,  brewer;  Emanuel 
Goodheart,  sugar-refiner ;  Christopher  Rich- 
ardson, timber-merchant;  Norrison  Cover- 
dale,  rope-maker;  Anthony  Calvert*  mer- 
chant. 

Lisson-green.  James  Stephens,  esq. 

London^street,  Tottenham^eourt-road.  George 
Sewell,  gent. 

Marlborough'Streei,  ( Great ),  John  Harrop, 
gent. 

Mile-end,  John  Charrington,  esq.  and 
brewer;  John  Liptrmp,  esq.  and  distiller; 
Balpb  Keddey,  esq.  and  merchant. 

Mimms  ^ South),   Francis  Baroneau,  esq. 

Moorfields*  Samuel  Mills,  weaver. 

Jfewington  (Stoke),  Gectfge  Rigbji  .eiq. 


'       A-  D.  1794.  [1S98 

and  Irish-factor;  Jonathan  Eade,  esq.  and 
ship-chandler. 

Neohroad,  Teitenham-caurt-road,  Joshua 
Br<K)ks, dealer  in  birds;  John  White,esq.  and 
builder ;  Cam  Farmer,  gent. 

Northumberland-itreet.  llenrv  Cap^,  ^ent. 

Oid'ttreet,    Richard  Child,  distiller. 

Onnond'Strert,  (Nev),  Thomas  Nixon, 
esq.  and  merchant;  William  Cooke,  esq. 

raddington  streetf  St,  Mary-lebonc.  Rich- 
ard Carter,  esq. 

PallmaU,  Richard  Croft,  esq.  and  hanker. 

Percy  '  street,  Rathbone-  place,  Thomas 
Elmsley,  esq. 

Pimlico,  George  Shakespear  esq.  and 
builder. 

Poplar,  John  Powsey,  carpenter  and  sur- 
veyor. 

Portman'Squarc,    William  Atwick,  esq. 

Potter's-bar,  near  Northam,  Francis  Ham- 
mond, esq. 

Princes-street,  Red'lion-square,  John  Lo- 
vett,  gent. 

Queen-square,  Bloomsbury,  William  Fraser, 
esq.;  William  Mofiatt,esq.  and  merchant; 
William  Arnold,  esq. 

Queen- street,  (Great),  I#irico/n*s-tNfi<^.e/is. 
Robert  Kilbv  Cox,  esq.  and  brewer.  » 

RatcUff.  Charles  Bowles,  Olass-liouse-yard, 
Sun-tavern-ficlds,  glass  manut'icturcr  ;  Jo* 
seph  Bird,  Cock-hill,  esq.  and  sail-maker; 
John  Thompson,  Sun -tavern- fields,  rope* 
maker. 

Rathbone-place.  Hugh  French,  esq.  and 
apothecary. 

Russel'placc,  Sir  John  Crofts, hart.;  Cbarlos 
Bishop,  esq.  and  proctor. 

St,  Catherine's,  William  Maftliitor,  whar- 
finger; Henry  Good wyn,  cso.  and  brewer. 

St,  James's- street,  Piccadilly,  James  Crane, 
esq, 

Sfymour-street  (Upper),  Mary  -  Le-  banc, 
William  Phillimore,  esq. 

Shadwell,  Newell  Connop,  distiller  ;  Arthur 
Shakespear,  iitepney-causcway,  esq.  and  rope- 
maker;  Matthew  Whiting,  ditto,  sugar-re-* 
finer. 

Shoreditch.  Thomas  Proctor,  Holy  well- 
street,  esq.  and  brewer ;  John  Marshall,  ditUx 
esq. 

Smithfield,  (East),  William  Down,  whar- 
finger ;  Hawson  Aislabic,  wine-merchant  and 
soap  boiler. 

Sommer'S'town.3ii\\VL  Harrison,  Duke's-row 
gent. 

Southampton-place,  Nen^-road.  James  Hay- 
garth,  esq.  and  bHilder;  John  Maodell,  gent. 
Thomas  Matthews,  j^ent. 

SouthampUm-row,  Bloomsbury.  George  Wade, 
stock-broker. 

South  MoUon-street.  John  Pratt,  gent. 

Sprinii' gardens.  Edmund  Antrobus,  New- 
street,  esq.  and  banker. 

Stanmore,  Samuel  Dickenson,  esq.;  Charles 
Wiggin,  esq. 

Strand,  George  Jefierys,  jeweller  atid  siU 
▼eramilh. 


1399]       S5  GE0R6B  III. 

Sunbiury.  Rogor  Boehm,  esq.  and  nler- 
chant;  Dicker  baundcrs,  esq.;  James Shcr- 
gokl)  esq. ;  Willuun  Parker,  c^. 

Teddin^on,  William  Sandby,  esq.  and 
lianker. 

Toitenkam.  Thomas  Powell,  Hi^h-cross, 
esq.  and  merchant;  William  Row, ditto,  esq. 
and  broker ;  Charles  Pratt,  miller. 

Tottenham- street.  John  Leader,  gent;  Jo- 
seph Mawley,  gent 

Tumham-green.  James  Payne,  esq. 

T^irnmU^treet,  Coaxrou.  Philip  Booth, 
distiller. 

DsDickenham,  John  Davenport,  esq.  and 
frooUcn-draper;  George  Gosling,  esq.  and 
banker;  Benjamin  Green,  esq.  and  register 
in  chancery ;  Edmund  Hill,  Whiiton,  esq.  and 
gunpowder  merchant. 

vabridge.  John  Mercer,  meahnan ;  Daniel 
Cciek,  distiller. 

Wapping.  Thomas  Martin,  King  Edward- 
stairs,  oiltean;  John  Rixon,  Hermitage-street, 

gr ;  Daniel  Martin,  Red  Lion-street,  esq.; 
tw  Biirt,  Charlotte.4treet,  esq.  Michael 
y,  coal-merchant;  Nathaniel  Allen, 
ing*wall,  ship-chandler. 
.' .  ll^ellcwse-tquare,  TheophilusPritiler,  sugar- 
rc^ncr ,  Casten  Bohde,  esq.  uid  suter-refinef. 
..  Whiteckapel.  Henry  BuUock,  High- street, 
brewer. 

Wiltden.  Joseph  Nicoll,  Neasdown,  gen- 
tieman-farmer ;  Edward  Franklin,  farmer. 
Wimbly-green,    Richard  Page,  esq. 


9o 


[I4M 


Beuion  House,  Clerkenwelly  Tuesday ,  Oct,  7th. 

-  The  Grr4nd  Jury  being  called,  presented  a 
true  bill  against  John  Martin,  for  high  treason. 

The  Chief  Justice  asked  if  there  were  any 
more  bills  ready  for  the  grand  jury. 

The  Foreman  said,  the  jury  would  be  glad 
to  adjourn  to  some  day,  when  there  might  be 
business  sufficient  to  engage  them  the  whole 
day. 

Mr.  WhitCy  one  of  the  solicitors  to  the  trea- 
sury, said,  if  the  Court  was  adiourncd  till 
Thursday,  he  tliought  they  should  be  ready 
with  all  the  bills  that  were  meant  to  be  pre- 
sented, if  that  day  would  be  convenient  for 
the  jury. 

The  Foreman  said,  the  jury  had  no  objec- 
tion. 

The  Chief  Justice  said,  he  had  no  objection, 
after  the  business  of  this  day  was  over,  to  ad- 
journ the  court  to  Thursdav,  at  10  o'clock. 

At  this  moment  appeared  in  court  Mr.  Hol- 
croft,  who  addressed  the  court  to  the  follow- 
ing effect : 

•*  My  Lord ;  — "  Being  informed  that 
a  bill  for  high  treason  has  been  prefer- 
red against  me,  Thomas  Holcrofi,  by  his 
miyesty's  attorney-general,  and  returned 
a  true  bill  by  a  grand  jury  of  these  realms, 
I  come  to  surrender  myself  to  this  court, 
and  inv  country,  to  be  put  upon  my  trial; 
If  I  am  a  ^ty  man,  the  whala  e»- 


tent  of  mgr  guitt 

and,  if  innocent^  thai  Hie  reclilMlB  of  \ 
princii^  aod  cowhietinagr  lie  mo^mtfi  \ 
And  I  hope,  my  lord,  thera  is  no  appCMOOi 
of  vauntiag  in  sisuring  your  loidship^  iliis 
Court,  and  my  coontiy,  that,  aftor  tba  wtMm» 
tnne  of  having  been  suspected  as  aa  eBrmy  !■ 
the  peace  and  happUiess  of  maakiod,  there  m 
nothing  on  earth,  after  frinch,  as  an  indivi- 
dual, 1  more  ardently  aspire  than  a  faU^  tti^ 
and  public  examination. 

'<  I  have  further  to  requeat  that  jNmr  kid. 
ship  will  inform  me,  if  it  be  not  the  pnctios^ 
in  these  cases,  to  asaen  counsel,  and  to  sofcr 
the  accused  to  speak  in  his  own  detaopf 
Likewise,  whether  free  egress  and  ragress  be 
not  dlowed  for  siich  persons,  bodM,  and 
papers,  as  the  accused,  or  his  counsel,  slnH 
deem  necessary  for  justification?^ 

Chief  Justice.^*'  With  regard  to  the  finC, 
Sir,  it  will  be  the  duty  of  the  Court  to  a  ' 
you  counsel,  and  also  to  order  that  such  i 
sel  shall  have  firee  access  to  you  at  all  p(  ^ 
hours— with  rtfpect.  Sir,  to  the  libem'ef 
speaking  for  yourself,  the  accused  mm  he 
fully  heard  bv  himself,  as  well  as  bv  his  cevn- 
sel ;  but  with  regard  to  Papers,  books,  and 
otlwr  things  of  tlnit  kind,  it  u  impossiUe  for 
to  say  any  thing  precisely,  with  i^gsnile 


them,   until   the  Uuna  requiiad  be 
However,  %r,  you  may  depend  upon  it,  every 

thing  will  be  granted  to  the  party  arifiwd,  so 
as  to  enable  him  to  make  his  delonoe.  If  I 
understand  you  rightly,  yoa  now  admit  thsl 
you  are  the  person  standing  indicted  by  the 
name  of  Thomas  Holcroft?'* 

Mr.  Holcrpft.—'*  Yes,  my  lord." 

Chief  Justice. — "  You  come  here  to  surren- 
der Yourself,  and  I  can  only  accept  of  that  ser* 
render  on  tiie  supposition  that  you  are  the 
person  so  indicted.  You  know  the  conse- 
quence. Sir,  of  being  indicted  of  high  treason. 
I  shall  be  under  the  necessity  of  ordering  yoo 
into  custody.  I  would  not  wish  to  take  soy 
advantage  of  your  coming  forward  in  person, 
indiscreetly,  m  this  manner,  without  being 
called  upon  by  the  ordinary  process  of  the 
law.  You  should  have  a  moment  to  consider 
whether  you  surrender  yourself  as  that  per- 
son." 

Mr.  Holcrofi. — "  It  is  certainly  not  my 
wish,  either  to  inflict  upon  myself  unneces- 
sary punishment,  or  to  appear  to  put  myself 
forward  on  this  occasion.  I  come  only  as 
Thomas  Holcroft,  of  Newman-street,  in  the 
county  of  Middlesex,  and  1  certainly  do  not 
wish  to  stand  more  forward,  than  any  other 
man  ought  to  stand.*' 

Chief  Justice.— ^'^  I  cannot  enter  into  this 
point.  If  you  admit  yourself  to  be  the  pennon 
mdictcd,  the  consequence  must  be,  that  I 
must  order  you  to  be  taken  into  custody  to 
answer  this  charge.  I  do  not  know  whether 
you  are,  or  are  not,  Themes  Hokroft.  I  do 
not  know  von,  and  therefore  it  is  4ai| 
for  me  to  know  whetor  ymt  ut  tlie 
^tgled  ift'lks  indictaen^'' 


1401] 


Hardy  s  CW. 


A.  D.  1794. 


[1402 


Mr.  JM:f«/l^-->^  n  U  equally  tmposslble 
formr,--  'r-V 

Cir  — "W»y"lhcn,  Sir,  I  ihink 

lyou  Itriu  ..  «  '^♦tH. 1*  there  any  thing 

Imoved  oil  1  the  cr(/wo  with  respect 

lUnsgeuL. 

SaltkUar  Omerai. — **  My  lord,  as  I  consider 
_nj  to  \ye  the  person  oKsi^sl  whom  a  inie 
bill  is  found,  I  move  llial  ne  be  committed." 
Ckirj  Jukiitt* — **  1  do  not  know  how  many 
person*  there  may  be  of  the  name  of  Tljomiis 
Hokr^fi ;  it  would  be  rather  extraordinary  to 
commit  a  person  on  tliis  ctiarge^  if  wc  do  not 
know  hnn." 

Mr,   Jt'f  -  of  the  counsel   for  the 

fowiit  €<  '  ii»at  troni  wh4.l  the  pri- 

&ner  had  .w.,.  ^.  ....i  in  courts  he  admitted 
ciself  to  be  the  person/* 
Chttf   Jtixtiit  — '*  That  does    not  signify^ 
iPocs  the  1  I  the  crown  think  fit  tiiut 

enlJci  i](l  be  commilled  ?" 

(iu*r  Octttrui, — **  i  movc  that  he  now 
Ifeen  into  custody/' 
Cktrfjuriiu, — ^  Sjr^  you  must  now  stand 
^mmiiKHl.*'. 

A  dhcrifTs  officer  now  took  Mr.  HolcrofI 
Rto  custody. 
''V  ''  f:4.i{ii-e  to   the  prisoner. — «  Arc  you 
1  name  your  counsel  ?" 

J  lor  immediately  named  Mr.  Er5- 
I  r.  Gibbs^  wliom  the  court  assigned 

;'i  Uinu 

iidvocates  were  nsimed 
\4r.  Biistttr. 
Jul  I  I  to  the  Court,  that  he 

ifUH  ;. to  Mr-  Martin  aguiiiht 

whom  tiic  pAiA  jury  had  fbtuid  a  bilK  He 
re«|iie!ited  that  he  might  be  {lerniitted  to  at* 
tend  Mr.  Martin,  as,  without  his  as*ii stance, 
he  did  not  tliink  Mr.  M&rtin  would  be  able  tu 
j'l         '  ■    '     'ijuL 

Of«rrft/ objected  to  tltis  ap- 
l>M^.xMVL<.  t.^x  ...kSL'  there  might  be  a  charge 
agsmiil  Mr  l*f?iirce  himself. 
the  .lutfffe  observed,  thai  until  fiome 
barj^c  wtis  preferred,  he  coutd  not  refuse  this 
puhcatiou, 

Mr    White^  the  sohcUor,  desired  thtit  the 
Tdrf  mi'jht  be  po^^tponcd  until  Fnday,  which 
to,  on  conditton  that  a 
it  wai  not  preferred  tiil 
1  ICC  then  ordered  the 
;  r, 

1 1  hiii  servant  might 
vH  to  him. 
that  wa^  a  sort  of 
V,  and  he  did  not 
I  ii    imJ»ss  some- 

Mr*   Uokntft  «aid,  tiicre   wai*  nothing  of 

bAt  W^rt  •   th.'ii  hr  did  not  know  it  to  be  un- 

'fOr  i  not  have  asked  it    Th« 

j  *or  it^  wa*i  jhat  his  *«r**ant 

1^nM)^  .   nhis  habit  to 

Jicla^  re  It  would  be 

'ItticoifiycouvcDicni  101  mm  lo  b«  iodylgcd 


It'' 

tiing  thttt  wa- 
know  thnt  1>« 
^iKtng  wa> 
ct  to  hi^  I 


rn  ihh  particular,  if  that  #»  duL  contrary 

custom. 

The  Chief  Justice  s>M^  he  was  afraid  it  - 
and  he  ti)oii;^ht  it  would  be  prt*pcr  R>r  Mr 
Holcroft  to  apply  to  anotiier  fjuarler,  which 
could  belter  grant  indulgence  than  he  could 
sitting  in  that  court. 

Mr.  Hotcrnfl  said,  he  wished  lo  have  no  tt^- 
dulgenre  ;  he  only  wished  for  justice, 

llic  Chief  Jttxtnc  said,  "  Then,  Sir,  I 
not  make  tne  order/* 

The  Court  then  immediately  adjourned 
Thursday,  at  ten  o'clock  in  the  morning. 

[The  precedinir  account  being  that  which  ap^ 
pearcd  iu  the  public  prints,  there  appeared 
next  day,  in  ttie  same  pru)L^  the  folio wmg 
note  from  Mr.  Holcrofl.J 

To  the  Editor,  ^c. 

Sir ; — The  predicament  in  which  f  staftd  ii 
I  presume  a  self-evident  motive,  why  1  shotild 
be  assidiously  careful  that  the  following 
mistake,  in  youx  account  of  what  passed  yes- 
terday at  HicksVhallf  should  be  corre^ltd 
You  slate,  that,  when  a^kcd  by  the  chief  ju^ 
tice  whether  I  admitted  myself  to  be  the  pan' 
son  indicted  by  the  imme  of  Thr  '^  !. 
croft,  I  answered,  **  Yen,  my  lord  ;  i 

answering  in  this  direct  manner,  tU^  ,^,..  ^mi^ii 
immediately  awakened  in  me  some  apprehen- 
sion of  havinz  too  impliciUy  credited  the  re^ 
ports  I  heard,  from  persons  of  various  rank 
and  station,  that  a  bill  f6r  high  treason  was 
found  against  rac ;  the  purport  of  my  answer 
lo  his  lordship  immediately  was,  that  the 
only  knowledge  I  had  of  the  event  was  thai 
which  I  derived  from  these  reports.  Such  an 
answer  as  you  have  b*  ^  u  d  I  made, 

might  very  innocently  I  -led  a  ver^^- 

iiinutent  man,  though  iiff  irmn  i>,  it  did  not 
hiippen  to  escape  me.  It  might  perhaps  loo 
very  innocently,  but  mistakenly,  have  im- 
plied, iu  the  minds  of  some  people,  a  consrr- 
ousness  of  my  having  deserved  to  be  indicted ; 
an  innuendo  which,  from  my  heart  and  «ou), 
and  with  all  the  facultic«<  I  posstss,  of  mind 
memory,  and  truth,  I  repel. 

TuoMAs  HoLcmoft. 

Newgate,  October  8,  17^4. 


4 

Id      I 


Settion  HouHpCUrkenwelit  Thunda^,  Ocl.  91. 

llie  Court  1^  at  ten  o  clock,  whca 

the  granil.inr  i  a  true  bill  for  high 

lrc'j-"T'  --.I  ,-ui..i  iiiUier 

A 
VVhiu ,  „  ,...i.jr  of  the  treasury 
bill  the  iur>'  retired  to  their  own  r  t 

which  the  Court  at^jourucd  to  Th  -  ,   jb 

sixteenth  of  October. 


I 


A  M  was  then   preferred  by  Mr. 


SeMu^n'a0U$€,CUrkenwtil,Thunday,Oci.  XM* 

The  Court  sat  as  before.  The  grand  ju 
returned  a  true  bill  ag^imt  Jow  i*£ii 
Fn&klQw  for  hJ|^  treason. 


H03]       SSGEOSGEIIL 


Jit.  W^iu^toLakar  oflfac  ^ 
prcftncd  t«o  other  bilb  to  the 

IbcCi«5r'fcM<^«baemd,be 
to  adbom  tbeCflvt  6r  the  i 

keapnfer  dqr;  mtheaMan  Hae  Uk^^bj 
liwdd  proeeed  oo  the  bilb  bov  bdbie  tfaoL 
Hb  Itfndbte  and,  lie  bofcd  w  TocsdiT  to 
^bti— y  w  JHj  kom  a  fctr  lo^g  mm 

Hk  kfdihm  aaloed  if  there  ns  aiiy 
itohttuMmtf  Xb  viiidby  tiicR  DCtng  m 
wvw^  the  coort  wdjmMmtd  to  Toeidajy  tfie 
SIM  of  October. 


The  ooort  met,  vben  tlie  pand  jufribiiDd 
stmebin  asauiHl  ThooM  tipcnrr  ibr  high 
treason. 

AbBl  a^oBft  J<te  AsUqr.fcrtfaettoie 
oniewM  Botfoaid. 

Adjoumod  to  Satord^  the  t5th  of  October. 

[At  f^A  &ckidL  oo  Fridajr  monm^^  the 
'  t  of  October,  the  priaotiewy  who  were  coo- 
1  in  tbeTover,  veretakenfiooi  thence  bj 
the  ffacrifi^  and  conveyed  in  to  knryroachf* 
patded  bj  cotMlablei^  &c  but  no  militarTy 
toNewpte.] 


Stimrdasf,  Oeitker  fiSik. 

Hie  Court  met  at  the  Setsion-House,  in  the 
Old  Biikjy  when^atone  o^clocic^the  IbUow- 
ing  took  their  seats  on  the  bench. 
The  Lord  Mavor,  Lord  Chief  Justice  Erre, 
Lord  Chief' b&roo  M'DonaJd,  Sir  B.  Uo- 
tbaoiy  .Sir  N.  Grose,  Sir  F.  BuUer. — Alder- 
men. Clarke,  Gili,  Picket,  Newman,  Ma- 
cauJaj,  Anderson. 

After  the  usual  proclamation,  Mr.  Kirby, 
the  keeper  of  Newgate,  was  ordered  to  bring 
to  the  bar  the  following  prisoners  m  his  cus-  . 
tod^,  against  whom  tlie  grand  jury  had  found 
their  i 

First  Bill  of  Indictment  | 

Thomas  Hardy,  late  of  Westminster,  in  the 
county  of  Middlesex,  shoemaker.  > 

John  Home  Tooke,  late  of  Wimbledon,  in  j 
the  county  of  Surrey,  clerk.  | 

John  Augustus  Bonney,  late  of  the  parish  of ! 
St  Giles  in  the  Fields,  in  the  county  of  Mid-  | 
dlesex  aforesaid,  gentleman. 

Stetrart  Kydd,  late  of  London,  esq. 

Jeremiah  Joyce,  of  tlie  parish  of  St.  Mary- 
le^bone,  otherwise  Mar}'bone,  in  the  county 
of  Middlesex  aforesaid,  gentleman. 

Thomas  Holcrqft,  late  of  the  parish  of  St. 
Mary-le-bone,  otherwise  Marybone,  in  the 
county  of  Middlesex  aforesaid,  gentleman. 

John  Richter,  late  of  Westminster,  in  the 
•aid  county  of  Middlesex,  gentleman. 

John  Thelwall^  Ute  of  Westminster,  in  the 
•  Mul  county  of  Mkkilesex  aforesaid,  gentleman. 

J9kmBiuti€r,  late  of  the  parish  of  St.  Leo- 


_    cicnM — 

UyUMd,lhegkKn 
to  the  Coortp  thai  we  tave  jatt 
eome~  oat  of  a  veij  cnnfard  mad  ciwe  fade, 
and  the  windowa  now  ooeaed  aft  «ar  backa^ 
expose  us  to  so  nMxh  cold  as;  ifaaft  our  health, 
Mrtinilafiy  ny  own,  wiil  be  coQiidcrihlj  en- 
dangered,  and  most  piobahl  j  we  shall  kit 
onr  Toicea  before  we  leaTe  the  piece.  IsfadI, 
therefore,  request  of  the  Court  to  be  d»- 
miwod  as  soon  as  their  ooonaiienoe  wil 
permiL'' 

^Ifjou  are  prepared  to  plead,  ur,  jmmmj 
be  msmissed  almost  innaediatolj.  iVe  were 
waiting  for  your  rounsH,  that  jouinlg^hire 
the  benefit  of  their  assistance." 

Mr.  H.  IMe.—'*  My  krd,  in  a  great  Mea- 
sure am  I  prevented  from  being  now  able  ts 
say  any  thing  on  the  subject  of  the  indict- 
ment, from  the  circumstance  of  our  not  navio^ 
had  the  ten  clear  d^ys  allowed  by  ac4  oi  yu- 
iiament,  to  persons  in  our  situation.  By  tbe 
chan^  of  custody  a  whole  day  has  been  com- 
pletely lost  to  us ;  in  consequence,  we  have 
not  bad  an  opportunity  of  conversing  with 
our  counsel.  Mr.  Erskine  and  Mr.  Gibbs 
Ikad  engaged  themselves  to  dine  witii  me  on 
Friday,  fur  the  purpose  of  conferring  together 
on  the  business  of  this  day.  Notice  was 
given  me  as  late  as  nine  or  ten  on  Thursday 
night  only,  of  my  intended  remo%-al;  I  was 
removed  bv  eight  o'clock  the  next  morning: 
it  was  perfectly  impossible  for  me,  therefore, 
to  take  the  advantage  of  my  counscr&  advice, 
as  our  arrangements  were  thus  completely 
destroyed,  and  all  my  papers,  which  I  had 
collected  and  arranged  in  the  Tower,  thrown 
into  disorder  and  confusion.  Your  lordship— 
who  never  was  a  prisoner— can  have  but  a 
very  imperfect  idea  of  the  change  of  cus- 
tody." 

The  Lord  President.^"  Tlie  Court  is  in- 
clined to  make  every  allowance  that  can  be 
expected,  and  is  willing  to  wait  the  arrival  of 
your  counsel." 

Mr.  Tooke.^"  Rather  than  catch  cold,  I 
should  choose  to  plead  at  present.  I  ask  no 
indulgence,  but  desire  substantial  justice. 
When  I  mentianed  the  dicumstance  of  t|ie 


1406} 


Itardf/t  Case. 


A.  D.  1794f. 


[1406 


d«y*8  loss,  1  did  not,  by  any  means,  wish  to 
cause  delay.  It  is  undoubtedly  clear,  that 
the  act,  which  says,  that  not  leu  than  ten 
days  should  be  allowed,  by  no  means  meant 
to  preclude  the  accused  from  haying  the 
advantage  of  more  than  ten  days,  if  neces- 
sary for  the  preparation  of  materials  requisite 
for  their  defence.  I  hope  that  no  inconve. 
nience  will  arise  to  us  from  the  shifting  of 
custody :— but  we  certainly  have  not  had  the 
indulgence  which  that  law  intended  us.  I 
am,  however,  ready  to  plead,  though  deprived 
of  the  advantage  of  my  papers,  and  the  bene- 
fit of  advice.  We  have  been  six  months  in 
close  confinement,  without  being  able  yet  to 
imagine  what  was  the  nature  of  the  charges 
to  be  brought  against  us,  nor  have  wc  been 
•  able  to  discover  it  from  the  indictment  found 
against  us." 

Mr.  TAe/waW.-."  My  lord,  I  think  it  my 
duty,  and  an  act  of  justice  to  myself  and  my 
country,  to  mention,  in  this  public  manner, 
the  hardships  which  we  have  suffered.  Not 
to  mention  the  loss  of  a  day,  I  myself  have 
to  complain  of  a  circumstance  very  detri- 
mental mdeed  to  me.  I  have  been  deprived 
ef  the  benefit  of  my  books  and  papers,  which 
I  had  collected  together,  and  arranged  in  the 
Tower.  Whefa  we  were  removed  from  the 
Tower,  the  sheriffs  thought  proper  not  to  al- 
low me  time  sutiicient  to  take  them  with 
me ;  I  do  not  mean  to  attach  any  blame  to 
them,  when  I  mention  this,  for  with  great 
politeness  they  promised  I  should  have  them 
sent  me.  AAerwards,  when  I  had  an  oppor* 
tunity  of  sending  for  them  through  the  me- 
dium of  a  friend  who  was  sendme  to  the 
Tower  for  some  things  he  wanted,  1  was  re- 
fused, and  received  an  evasive  answer.  T 
was  informed,  that  they  could  not  send  what 
I  wanted,  as  I  had  a  number  of  other  things 
there,  and  they  must  be  sent  for  together,  as 
it  would  be  necessary  to  have  a  separate  coach 
for  them.  This  morning  I  received  a  second 
evasive  answer.  I  mention  this  circumstance 
not  with  any  view  c^  delay,  for  I  am  as 
anxious,  as  any  man  can  be  tor  any  thing,  to 
meet  the  iustice  of  my  country.*' 

The  indictment  was  then  read  by  the  clerk 
of  the  Arraigns. 

The  prisoners  were  then  severally  asked  the 
usual  questions,  **  Guilty  or  not  guilty  f" — 
"   How  will  you  be  tried*'* 

Mr.  Hardy.^**  Not  guilty^—'*  By  God 
and  my  country.** 

•  Mr.  Tooke.—**  Not  guilty.**  On  beine  ask- 
ed how  he  would  be  tried,  he  e^ed  the  Court 
for  some  seconds  with  an  air  of  significancy, 
which  few  men  are  so  well  able  to  assume, 
and,  shaking  his  head,  emphatically  answered 
— **  I  WOULD  be  tried  by  uod  and  my  country. 

But "  ^  J'  T 

The  others  answered  in  the  usual  manner — 
<*  Not  guilty"— By  God  and  my  country.** 

Mr.  Bonney  was  about  to  make  some  re- 
marks, when  he  was  interrupted  by 
The  LordFresidefU.-^TMkit  haring  con- 

i 


plained  of  the  coklness  of  the  air,  may  with- 
draw." 
Mr.  Tooke  then  withdrew. 
JohnAuguttus  Bonney,'^**  My  lord,  there 
is  an  error  in  this  indictment^  whkh  entitles 
me  to  plead  in  abatement.  I  am  described 
bte  of  the  parish  of  St.  Giles  in  the  Fieldt, 
whereas  I  ought  to  have  been  described  of 
the  parish  of  St.  Paneras.  I  never  did  reside 
in  the  parish  of  St.  Giles.  But,  my  lord,  I 
am  also  charged  by  this  indictment  with  hav- 
ing committed  treason  in  the  parish  of  St. 
Gues;  and  as  my  description  is  just  as  true 
and  correct  as  this  assertion,  I  am  content 
to  take  my  trial  upon  the  indictment  in  its 
present  form ;  for  I  look  forward  with  earnest 
and  anxious  expectation  for  the  day  when  a 
jury  of  my  country  shall  justify  me  from  the 
aspersions  thrown  on  my  character  by  this 
indictment :  I  therefore  wave  my  objection, 
and  plead  generally,  that  I  am  not  guilty.** 

Mr.  Thelwall. — "  There  is  a  circumstance, 
my  lord,  which  my  counsel  have  informed 
me  would  entirely  quash  this  indictment  as 
far  as  regards  me,  if  I  were  inclined  to  take 
advantage  of  it.  My  description  is  not  right : 
I  am  uescribed  as  an  inhabitant  of  West^ 
minster^  whereas  I  reside  in  the  JUbertiet  of 
the  Duchy  of  Lancaster.  Anxious  as  I  am 
to  have  my  conduct  examined  into  by  my 
country,  I  despise  the  idea  of  availing  myself 
of  any  paltry  subterfuge.  I  feel  perfectly  con- 
vinced, that  when  the  long  expected  day  shall 
come,  no  honest  jury  can  say  otherwise  than 
I  do  now, — Not  guilty.** 

Mr.  Bonney  then  said,  "  I  beg  that  your 
lordships  will  allow  me  a  few  words  before 
we  quit  the  bar.  I  assure  you,  if  I  had  been 
arraigned  for  any  known  and  certain  treason, 
for  murder,  or  for  felony,  I  would  ask  no  fa- 
vour of  your  lordships ;  but  when  I  stand  be- 
fore you  upon  a  case,  in  which  (and  I  believe 
I  have  your  lordships'  opinion  in  my  favour 
on  the  subject)  if  the  tacts  charged  against 
us  should  be  proved,  there  would  still  be  very 
great  doubt  upon  the  law,  I  trust  I  do  not 
make  an  improper  request  when  I  solicit  your 
lordships,  that  we  may  be  Allowed  as  many 
of  the  little  comforts  and  conveniences  of  lire 
(to  which  we  have  been  accustomed)  as  may 
be  consistent  with  the  security  of  our  persons. 
Your  lordships,  I  am  sure,  will  agree  with  me, 
that  a  situation  in  which  a  man  can  neither 
sleep  by  night,  nor  cast  his  eye  on  a  ray  of 
comfort  by  day,  is  not  much  adapted  to  pre- 
pare his  mind  for  so  important  a  trial  as 
mine — and  yet,  my  lords,  such  is  my  situa- 
tion. 

**  I  beg  to  be  understood  not  to  intend  the 
smallest  insinuation  against  the  sheriffs;  their 
language  and  their  countenances,  when  they 
visited  me  yesterday  in  my  cell,  sufficiently 
convinced  me  of  the  concern  they  felt  at  not 
being  able  to  afford  me  better  accommodation. 
My  request,  tlicrcforc,  to  your  lordships  is, 
that  we  may  be  remanded  to  the  custody  ^f 
the  governor  of  the  Toweri  whece  w^  Gi 


ft  Itte  act  of  periismeDt,  ^r  constituting 
ifae'oommbsiunf  be  recorded.** 

Mr.  Erskine,  who,  together  with  Mr.  Gibbs 
ftnd  Mr.  Vaygtian,  couusel  for  the  prisoners, 
htA  come  iutu  court  d tiring  the  reading  of  the 
iiulklmenl  by  the  clerk  of  I  he  crown,  apolo- 
gbecd  to  the  Court  for  their  momentary  ab- 
Moee,  w  not  expecting  the  business  of  the 
Ckntrl  to  begin  so  cmrly.  lie  understood  that 
Mr.  Home  Tooke  had  stated^  and  truly,  to 
tbe  Court,  the  total  want  of  coaimunication 
l«etive«n  him  and  hu  counsel,  owing  to  his 
oiMttpected  renHivnl,  He  therefore  conttded 
m  the  dii»cretiufi  and  humanity  of  the  Court, 
that  ihey  would,  in  some  degree,  remc*Jy  this 
«viJy  by  not  proceeding  to  trial  till  Tues- 
daif  ne^it  at  the  soonest,  in  order  to  afl'urd  an 
Interval  for  such  communication  between  the 
prifooers  and  counsel  as  was  necessary  for 
their  safety. 

The  Attorney  General  said,  the  prisoners 
w«re  duly  apprised  of  their  being  Xu  be  ar- 
raigned as  on  this  day.  Their  removal  t rom  the 
Tower  to  Newsatc  was  arranged  to  take  plaice 
as  late  as  possible,  in  order  to  prevent  their 


willed  it,  that  the 
stand  o%er  tillTuesdayJ 

The  Court  accortljng 
tbc  commencement  ot 
next*    The  attoroev-gc 
Court,  either  that  Ineyl 
next,  for  which  day 
moned,  or  else  they  mu 
for  Tuesday, 

The  Court  directed  ( 
give  notice  ta  the  gtflt 
that  their  presence  wotil 
till  Tucsilay ;  and  that  Ih 
on  Monday  morning  f^ntj] 
over  to  the  following  day, 
busnines^. 

The  Court  waa  then  \ 
next  at  eight  o'clock  in  I 

The'  Court  met  at 
monun^  pro/^rwHOy  and 
y'cl<jck  in  the  murnttiH 
Huntfi  trials  by  Sihtj,  *